글자체디자인권의 침해에 관한 소고

A Study on the Infringement of Typeface Design Right

For the protection of typeface design we ve already amended the Design Protection Act(hereafter DPA ). So the typeface design is to be protected by DPA from the July 1st of 2005. From that day on it s infringement to use the registered design without permission of right holder. When we think of the protection of typeface design, we must solve two problems. One is the scope of protection and another is what acts are constituted the infringement. For the purpose of the adequate protection this paper propose that the objective scope must be narrowly construed. That means we regard two designs as similar design only when two typeface designs are nearly same. And the act to display and possession for transfer and rental must be included among the acts of doing business, and the acts of transfer, rental, display for transfer and rental in the internet are also regarded as the acts of doing business. Reversely using typeface design in the course of research and education must be exempted from infringement. So the phrase of [using design in the course of research and experiment] in the ｢article 44 paragraph 1｣ must be changed as [using design in the course of research and education].