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