부분디자인의 성립 및 등록에 있어서의 특유한 문제점 고찰

Abstract

Partial Design System is the one for protecting a partial form of article. This system has a problem as saying of being opposed to requirements for an item to be an article out of design concept in light of the Design Protection Act. As the Design Protection Act is a method of changing a concept of article, it is acknowledging a partial design system. However, there is a concern about which this will cause another confusion. The partial design system is valid to be solved with a problem about establishment in design, rather than a problem about productivity. To be registered the partial design, there is necessity for clearly specifying the part, which is aimed to be registered with design on drawing, and the remaining part. Otherwise, a problem about violating industrial property comes to be caused. Also, there is a case that needs to certainly consider relationship of position, size and range, which are possessed in the whole by a part according to a type of partial design. In judging novelty of partial design, the unbroken-line part and the broken-line part should be handled as the same publicly known material. Accordingly, it may become the cited design in mutually judging novelty between partial design and whole design.