화상디자인의 특징에 대한 창작성과 유사판단에 대한 연구

Study on Creativity and Similarity Determination Based on Features of Graphical Design

Graphical design was not the object of protection for the design right at the time when the Design Protection Act was established. However, it became an object of protection by implement of Design Examination Guidelines 3(1)(iii) that was amended on July 1, 2003 as IT technology develops. I, on the basis of hands-on examination, have studied the following problem caused in examining the quality of examination on graphical design. First, how dotted line is dealt in deciding the creativity and novelty in graphical design. Second, whether the use and function of graphical design are entered in detail. Third, whether it is included in the scope of protection for registered design by putting explanation about the use and function of graphical design on description column for the design. Lastly, whether the guideline of similarity determination about graphical design is redefined. I propose that the following contents be reflected in the guidelines for design examination ; 1) only the shape of the solid line part in order to obtain a registration in graphical design should be used as materials to decide its creativity. And the part of dotted line should be used as reference to grasp position, size, and scope of solid line part. 2) In graphical design, the function and use of the part to obtain a design registration should be entered on description column specifically. If not, it should be decided that it has no specification of design. 3) Part relating the function and use of graphical design should be proposed in the example of ｢Enforcement Regulation *2｣. 4) Way to decide similarity of graphical design should be based on the common knowledge of the field the design belongs to. Also, it is proposed to be decided upon consideration of the following elements ; (i) articles that become object of graphic design, (ii) function and use of the graphical design to obtain a design registration as a partial design, (iii) position, size, scope of the graphical design to obtain a design registration as a partial design among the relevant articles, (iv) pattern, shape, color or these combination of the graphical design to obtain a design registration as a partial design. Therefore, this study proposes insufficient elements found in current examination guideline to be rearranged, focusing problems caused in hands-on examining experience. Also, it proposes the quality of examination for graphical designs to be upgraded through this procedure.