부분디자인의 유사 판단에 관한 연구

Abstract

In the similarity judgment of the partial design, how the broken line, which was depicted on a drawing, will be treated becomes a problem. In relation to this, there is confrontation between the opinion of aiming to handle broken line importantly and the opinion of aiming to ignoring this. However, the broken line is an element that decides on location, size, and range in partial design, thereby being reasonable to consider this in the similarity judgment. That is because the location, size, and range in partial design may lead to occurrence of difference in light of aesthetic impression and to difference even in the appearance of confounding articles. Additionally in the similarity judgment of partial design, there is necessity for examining whether the article, which becomes object of design, is similar or not and whether the form in a part itself is similar or not. However, the function or the use in a part has no need to be considered in the similarity judgment. That is because the partial imitation may be made easily when article, which becomes the object of design, is same even in case of being different in partial function or use, and because there is necessity for preventing this.