1. Unusual design under the Design Protection Act
If a third party uses a registered typeface design, does the act of using it violate the design right?
Originally, if a third party implements the design without permission from the design right holder, the act of implementation constitutes an infringement of the design right. However, in order to protect general users, the Design Protection Act prevents the effect of the design right from (1) in the case of using a typeface in a normal process such as typing/typesetting or printing, and (2) in the case of a result produced by using the typeface.
Dynamic design refers to a design that has the point of creation in a unique state of change of the design, and the form must change according to its function, and the change must be sensed by sight. Since the unpredictability and constantness of change are also required, it is not recognized as a dynamic design if the state after change from a stationary state can be easily predicted.
1) Partial design
- Design granting registration for a part of an article that cannot be traded independently
- Requirements for establishment of a partial design
The goods subject to partial design shall correspond to ordinary goods;
to be recognized as a form of part of the article;
It must be a part that can be the object of contrast in contrast with other designs and is recognized as a single creative unit.
It shall not be a partial design related to the design of a set of articles;
2) Font design
- Design that grants registration for a set of fonts (including shapes such as numbers, punctuation marks, and symbols) made in a form with common characteristics for use in recording, display, or printing
- Design right in font: even if the design right is set and registered, the effect of the design right is not effective (1) in the case of using a font in the normal process such as typing/typesetting or printing, and (2) in the case of a result produced by using the font. do not reach
3) Dynamic design and image design
- Design with the key point of creation in a unique change state of design
- Design consisting of shapes and colors that are realized on the physical display screen and recognized through the eyes by a temporary light emitting phenomenon
댓글