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지적재산권 중첩보호체제의 문제점과 해결원리The Problem of a "Cumulation of Protection System" and Its Solution

Other Titles
The Problem of a "Cumulation of Protection System" and Its Solution
Authors
김원오
Issue Date
May-2004
Publisher
한국지식재산학회
Keywords
copyright; design right; unregistered design right; cumulation of protection
Citation
산업재산권, no.15, pp.121 - 174
Journal Title
산업재산권
Number
15
Start Page
121
End Page
174
URI
https://scholarworks.sookmyung.ac.kr/handle/2020.sw.sookmyung/16046
ISSN
1598-6055
Abstract
The extension of copyright protection to works of applied art creates a special problem for the judiciary because these works incorporate elements which fall within the boundaries of both copyright and design law. For example, the possibility exists of an overlap between the protection afforded by a design and the protection afforded by a copyright in the area of works of applied art. This possibility exists because, by definition, both a design and a copyright theoretically could be used to protect the aesthetically pleasing aspects of a utilitarian article. This study aims to make a possible solution for the problem of a "Cumulation of Protection System"
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