디자인의 단일성 판단 -대법원 2013.2.15.선고 2012후3343 판결을 중심으로-

Abstract

According to the principle of A single application for a single design registration, the judgement of a single design needs to be made on the basis of the unity of creation. At this time, an examiner needs to consider a creator's subjective creative intention in judging the unity of creation. An applicant needs to clearly describe the subjective intention of the creator in the essentials of the creation. Even in case of partial design, whether the applied design is one or not needs to be judged depending on the existence of unity in creation. If numerous parts, which exist in an article, form one creative unit, this should be identified as a single design. Even at this time, the subjective intention of the creator needs to be considered in judging whether it forms one creative unit or not. An examiner needs to strive to identify the originator's subjective creative intention through the description of the essestials of the creation or with a method of being submitted a written opinion.