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Subject |
Design's Protection |
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| No |
8 |
Name |
IP_Park |
Date |
2003/10/31 16:02:48 |
Homepage |
http://www.ippark.com |
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Infringement and Remedies to Design Right
Under the Korean Law System, a design can be protected under the Design Act, not the Copyright Act. The design right should be established from its registration date.
1. Working
"Working" means acts of manufacturing, using, assigning, leasing, importing, or offering to transfer or lease (including displays for making a transfer or lease) articles to which the design has been applied.
2. Infringement
Acts of working articles used solely in the manufacture of articles under a registered design as a business shall be deemed to constitute an infringement of the design right involved.
3. Similarity
1) Two designs are deemed to be similar to each other if they are likely to be confused with each other when the appearance of the articles as a whole are observed with the naked eye from the viewpoint of general consumers.
2) As a rule, if either the shape or pattern of an article is dissimilar to that of another article, the two designs are deemed to be dissimilar. However, the similarity between two designs should be determined based on their entireties by considering systematically the degree in which their shapes or patterns affect their aesthetic visual impressions.
3) The most noticeable aspect of the article is given the most weight in determining similarity.
4) A portion essential to the existence of the article should be considered to a lesser extent, whereas a variable portion of the article should be considered to a greater extent.
With regard to other details, please refer to Infringement and Remedies to Patent Right. |
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