본 개정판은 그동안 축적된 디자인에 관한 중요 대법원 판결과 디자인심사의 통일적 운용을 위해 시행되고 있는 디자인심사기준의 개정내용을 반영함과 동시에 각 항목 전반에 걸쳐 미흡한 부분을 보완하였다.
특히 디자인보호법에 있어서 디자인보호의 외연을 결정짓는 중요한 개념인 디자인의 유사에 관해서 최근까지의 대법원 판결의 입장을 분석·정리하고, 디자인보호의 요건에 관한 공업상 이용가능성, 신규성, 창작비용이성, 1디자인1출원 원칙, 선출원주의 등의 항목에 대해서는 더욱 심도 있는 설명이 되도록 하였으며, 또한 헤이그협정에 따른 국제출원, 우선심사제도에 관한 항목을 추가하여 설명하였다.


차 례

제1장 서 론

제1절 서 설 ······································································································· 1
Ⅰ. 디자인보호제도의 개요 ·········································································· 1
Ⅱ. 디자인보호법의 목적 ·············································································· 3
Ⅲ. 디자인보호의 기조 ················································································· 9
제2절 디자인보호법과 인접법 ·········································································· 13
Ⅰ. 서 언 ··································································································· 13
Ⅱ. 디자인보호법과 인접법과의 관계 ························································· 13

제2장 디자인등록을 받을 수 있는 자
Ⅰ. 서 설 ··································································································· 24
Ⅱ. 디자인등록을 받을 수 있는 자의 요건 ·················································· 24
Ⅲ. 디자인등록을 받을 수 없는 자 ······························································ 28

제3장 디자인등록을 받을 수 있는 디자인
제1절 디자인의 성립요건 ················································································· 30
Ⅰ. 디자인의 정의 ······················································································· 30
Ⅱ. 물 품 성 ································································································ 31
Ⅲ. 형 태 성 ································································································ 37
Ⅳ. 시 각 성 ································································································ 45
Ⅴ. 심미성(미감성) ······················································································ 47
Ⅵ. 글자체디자인 ························································································ 50
제2절 디자인등록의 실체적 요건 ····································································· 54
Ⅰ. 공업상 이용가능성(공업성) ··································································· 54
Ⅱ. 신 규 성 ································································································ 71
Ⅲ. 창작비용이성 ························································································ 82
제3절 디자인등록의 절차적 요건 ····································································· 98
Ⅰ. 1디자인1출원 원칙 ··············································································· 99
Ⅱ. 복수디자인등록출원 ··········································································· 108
Ⅲ. 선출원주의 ·························································································· 111
Ⅳ. 확대된 선출원 ····················································································· 117
제4절 디자인의 동일·유사 ············································································ 122
Ⅰ. 디자인의 동일 ····················································································· 122
Ⅱ. 디자인의 유사 ····················································································· 125

제4장 디자인등록을 받을 수 없는 디자인
Ⅰ. 국기·국장 등과 동일 또는 유사한 디자인 ········································· 158
Ⅱ. 선량한 풍속에 어긋나거나 공공질서를 해칠 우려가 있는 디자인 ······ 160
Ⅲ. 타인의 업무와 관련된 물품과 혼동을 가져올 염려가 있는 디자인 ····· 161
Ⅳ. 물품의 기능을 확보하는 데에 불가결한 형상만으로 된 디자인 ·········· 165
Ⅴ. 법상의 취급 ························································································ 168

제5장 디자인의 특유제도
Ⅰ. 부분디자인제도 ·················································································· 170
Ⅱ. 관련디자인제도 ·················································································· 178
Ⅲ. 한 벌 물품의 디자인제도 ···································································· 186
Ⅳ. 비밀디자인제도 ·················································································· 193
Ⅴ. 동적 디자인 ························································································ 198

제6장 디자인등록에 관한 절차
제1절 디자인등록출원절차 ············································································· 203
Ⅰ. 디자인등록출원 ·················································································· 203
Ⅱ. 출원의 보정 ························································································ 212
Ⅲ. 출원의 분할 ························································································ 221
Ⅳ. 조약에 의한 우선권 ············································································· 225
Ⅴ. 산업디자인의 국제등록에 관한 헤이그협정에 따른 국제출원 ············ 230
제2절 심사절차 ······························································································· 233
Ⅰ. 개 설 ································································································· 233
Ⅱ. 방식심사 ····························································································· 236
Ⅲ. 실체심사 ····························································································· 240
Ⅳ. 출원공개제도 ······················································································ 246
Ⅴ. 우선심사제도 ······················································································ 250
Ⅵ. 디자인일부심사등록 이의신청제도 ···················································· 253
Ⅶ. 심사관의 처분 ····················································································· 258
Ⅷ. 재심사청구제도 ·················································································· 260
Ⅸ. 등 록 ································································································· 263

제7장 디자인권·실시권
제1절 디자인권 ······························································································· 264
Ⅰ. 서 설 ································································································· 264
Ⅱ. 디자인권의 효력 ················································································· 265
Ⅲ. 디자인권의 효력의 확장과 제한 ························································· 268
Ⅳ. 디자인권의 존속기간 ·········································································· 271
Ⅴ. 디자인권의 소멸 ················································································· 273
제2절 타 권리와의 조정(이용·저촉) ······························································· 277
Ⅰ. 서 설 ································································································· 277
Ⅱ. 이 용 ································································································· 279
Ⅲ. 저 촉 ································································································· 286
Ⅳ. 이용·저촉관계의 효과 ······································································ 288
Ⅴ. 디자인권자 등의 실시수단 ·································································· 288
제3절 실 시 권 ································································································ 290
Ⅰ. 서 설 ································································································· 290
Ⅱ. 전용실시권 ·························································································· 291
Ⅲ. 통상실시권 ·························································································· 294
Ⅳ. 전용실시권과 통상실시권의 비교 ······················································· 298
제4절 디자인권의 침해와 그 구제 ·································································· 299
Ⅰ. 서 설 ································································································· 299
Ⅱ. 디자인권 침해에 대한 구제 ································································· 301
Ⅲ. 침해구제조치에 대한 방어방법 등 ······················································ 307

제8장 심판·재심 등
제1절 심 판 ··································································································· 311
Ⅰ. 서 설 ································································································· 311
Ⅱ. 디자인심판의 내용 ·············································································· 313
Ⅲ. 심판절차 일반 ····················································································· 326
제2절 재심·심결취소소송·상고 ·································································· 332
Ⅰ. 재 심 ································································································· 332
Ⅱ. 심결취소소송 ······················································································ 336
Ⅲ. 상 고 ································································································· 338

제9장 벌 칙
제1절 형사상의 벌 ·························································································· 339
Ⅰ. 디자인권 침해죄 ················································································· 339
Ⅱ. 위 증 죄 ······························································································· 339
Ⅲ. 허위표시의 죄 ····················································································· 340
Ⅳ. 거짓행위의 죄 ····················································································· 341
Ⅴ. 비밀유지명령위반죄 ··········································································· 341
Ⅵ. 비밀누설죄 ·························································································· 342
제2절 행정상의 벌 ·························································································· 342
Ⅰ. 과태료의 대상 ····················································································· 343
Ⅱ. 과태료의 부과 등 ················································································ 343

▨ 찾아보기 ······································································································ 345


저 자 노 태 정
- 특허청 심사관, 디자인심사과장, 심판관, 서울사무소장
- 연세대학교 법무대학원, 고려대학교 법무대학원 디자인보호법 강사
- 디자인보호법 개정추진반 위원, 특허청 디자인제도혁신 자문위원
- 대한변리사회 디자인제도위원회 위원장, 글자체디자인심사 자문위원 등 역임
- 현 유니테크특허법률사무소 변리사

[주요 저서 및 논문]
- 신의장법연구
- 의장도면작도법입문(역서)
- 디자인보호법 개정내용해설
- 디자인보호법(공저)
- 상표의 사용권제도 고찰
- 재외자의 특허관리인
- 등록신청의 불수리사유에 대한 고찰
- 객관식 디자인보호법(공저)
- 디자인제도 발전방안에 관한 소고
- 디자인 심사·심판실무