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A Study on Methods Selectively Applying the Ground of Invalidation on Similar Design Registration

  • DONG-A LAW REVIEW
  • 2010, (49), pp.399-419
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

정태호 1

1원광대학교

Accredited

ABSTRACT

Korean Design Act Art.7. Para.1.(Similar design) states that the owner of a design right or an applicant for design registration is entitled to obtain design registration for a design that is similar only to the owner's registered design (referred to as “the principal design”) or a design for which a registration application has been filed as a similar design (referred to as “a similar design”). An examiner shall decide to refuse a similar design registration under that provision. That provision is also included in the grounds of invalidation trial. But it will be reasonable that this provision is applied selectively as the ground of invalidation on similar design registration case-by-case, based on general legal principles in Korean design practice and Japanese old design determination standards.

Citation status

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