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출판사 리뷰
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.
저자 소개
저자 노태정은
- 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
목차
목차
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 ·······························································
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 ·······························································
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반품/교환
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반품/교환 반품/교환 방법 홈 > 고객센터 > 자주찾는질문 “반품/교환/환불” 안내 참고 또는 1:1상담게시판 반품/교환 가능 기간 반품,교환은 배송완료 후 7일 이내, 상품의 결함 및 계약내용과 다를 경우 문제발견 후 30일 이내에 신청가능 반품/교환 비용 변심 혹은 구매착오의 경우에만 반송료 고객 부담(별도 지정 택배사 없음) 반품/교환 불가 사유 - 소비자의 책임 사유로 상품 등이 손실 또는 훼손된 경우
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소비자 피해보상
환불지연에 따른 배상- 상품의 불량에 의한 반품, 교환, A/S, 환불, 품질보증 및 피해보상 등에 관한 사항은
소비자 분쟁해결 기준(공정거래위원회고시)에 준하여 처리됨 - 대금 환불 및 환불지연에 따른 배상금 지급 조건, 절차 등은 전자상거래 등에서의
소비자 보호에 관한 법률에 따라 처리함
반품/교환 주소 경기도 파주시 문발로 77, 웅진북센(반디앤루니스)
