한중일FTA에 있어서 디자인제도 통일화를 위한 일고찰

A Study On The Unification Of Design System In FTA Between China, Japan And Korea

If the Korea-China-Japan Free Trade Agreement comes to a settlement and a ratification, a cooperation between China, Japan and Korea will strengthen and a certain field's cooperation such as a intellectual property will build up caused by this FTA. In other words, 3 countries will maintain and reinforce through various channels, e.g. a cooperation on examinations, a system unification, a representation in international organization and according to this, the fields of the patent, trademark, copyright will significantly standardize. Nevertheless, design areas will be barriers to this unification because 3 nations have the divergent system from the design protection of legal system, the protection object, to the examination system(substantive examination system/nonsubstantive examination system) and so on. The unification of the design protection system is the urgent issue between China, Japan And Korea. From among these, the right will be registered through the non-substantive examination system, exercised this right and the legal dispute related to design will be increased and our enterprises are hit by this dispute directly. The problems are on the rise as the a settlement, ratification of FTA. So this issue needs to get solved. In this paper, the difference of design field have examined closely among 3 countries. This article will contribute to the unification of design protection system as carrying forward FTA Between China, Japan And Korea.