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Study on the Boundaries between Works of Applied Art and Pure Artistic Works based on Cases related to Animal Character Designs - Focused on Supreme Court Decision 2012da76829 Decided December 11, 2014
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동물 캐릭터 도안의 사례들을 통한 응용미술저 작물과 순수 미술저작물의 경계에 관한 고찰 : 대법원 2014. 12. 11. 선고 2012다76829 판결을 중심으로

논문 기본 정보

Type
Academic journal
Author
Tae-ho, Jung (원광대학교)
Journal
Korea Institute of Intellectual Property The Journal of Intellectual Property Vol.10 No.2 KCI Accredited Journals
Published
2015.6
Pages
129 - 160 (32page)
DOI
10.34122/jip.2015.06.10.2.129

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Study on the Boundaries between Works of Applied Art and Pure Artistic Works based on Cases related to Animal Character Designs - Focused on Supreme Court Decision 2012da76829 Decided December 11, 2014
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Recently, pure artistic works is often being commercialized right now. In that situations, confusions of interpretation is being caused in the area of practice since the boundaries between works of applied art and pure artistic works came to be obscure and Supreme Court has determined differently case by case on applying definition provision of works of applied art. And especially the problems whether the recognition of the works can be determined by applying what legal principles is often occurring in this case since pure artistic works can also often become works of applied art simultaneously in any case.
Recently, Supreme Court has made a decision on new legal principles in this problems(Supreme Court Decision 2012da76829 Decided December 11, 2014, hereinafter referred to as “the subject decision”). Firstly, the subject decision tried to solve reasonably the problem on dead-copy of the subject design in escaping conflicts between “independent artistic characteristics or value”, a legal principle applied on determining whether works of applied art is or not on the copyright act revised in 1995 and “originality may be recognized apart from the relevant applied goods”, a legal principle applied on determining whether works of applied art is on the copyright act revised in 2000. I think that the above trial is proper since the existing Supreme Court decisions have also applied legal principles on originality of general works to determining originality of animal character designs. Secondly, the subject decision stated clearly that trademarks and the works are not on exclusive and alternative relations each other. I think that the above legal principle is also proper since there is no relation between originality of the works and being used as trademarks.
In conclusion, the subject decision shows a trend of the times determining originality of the works on the boundaries between works of applied art and pure artistic works and suggests important future direction in determining originality of the works of character designs being used as trademarks simultaneously after this.

Contents

초록
Ⅰ. 서론
Ⅱ. 응용미술저작물에 관한 일반론
Ⅲ. 대상판결에 대한 검토
Ⅳ. 결론
참고문헌
Abstract

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UCI(KEPA) : I410-ECN-0101-2016-360-001623314