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
- Pages
- 54
- 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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