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A Review of the Scope of the Spatial Design Protection for Future Vehicle - Focusing on the Korean Unfair Competition Prevention and Trade Secret Protection Act -
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미래자동차의 공간디자인 보호 범위에 대한 검토 - 부정경쟁방지법을 중심으로 -

논문 기본 정보

Type
Academic journal
Author
Kyoung-Shin Park (이화여자대학교)
Journal
한국공간디자인학회 한국공간디자인학회 논문집 한국공간디자인학회 논문집 제18권 제1호 KCI Accredited Journals
Published
2023.2
Pages
359 - 370 (12page)

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A Review of the Scope of the Spatial Design Protection for Future Vehicle - Focusing on the Korean Unfair Competition Prevention and Trade Secret Protection Act -
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(Background and Purpose) Future vehicle well expressed by electric vehicles and autonomous driving will become another living space beyond simple transportation. For this reason, future vehicle will inevitably face significant changes in spatial design, from exterior design to interior design. As the importance of spatial design of future vehicles is increasing, the importance of legal protection of spatial identity of future vehicle is increasing. However, the protection under the current system of copyrights and design rights has limitation, and therefore, this article aims to review the scope and limitations of protection for spatial design of future vehicle under the current law, focusing on the Korean Unfair Competition Prevention and Trade Secret Protection Act(the‘UCPA’), and suggest measures for more appropriate protection. (Method) First of all, this article addresses whether the unauthorized use of spatial design of future vehicle constitutes confusion of source confusion, imitation of the configuration of goods, and misappropriation of other's achievements under the UCPA, discussing related academic theories and judicial precedents. Next, this article reviews the limitations of the UCPA in protection of spatial design of future vehicle and suggests measures to respond to disputes that may arise in relation to spatial design of future vehicle with the advent of the commercialization of future vehicles. (Results) Unauthorized use of all or components of spatial design of a specific future vehicle may constitute confusion of the source of goods and service, imitation of the configuration of goods or the misappropriation of other's achievements under the UCPA. However, the UCPA does not apply to cases where all or part of the spatial design of a certain future vehicle is common in the configuration of goods of the same kind, or three years have passed from the date after on which the configuration of the goods was completed and the overall spatial design of future vehicle of future vehicle is not easily protected as goods defined under the UCPA. In addition, the criteria is not clearly stipulated in determining common configuration, and the starting point of the three-year after the date on which the configuration of goods was completed is often not clear in litigation. Furthermore, the broad interpretation of the provisions of supplementary general provision, may excessively limit the freedom of competition, which is the basis of the market economy. (Conclusions) Considering that future vehicles have less restrictions on spatial design planning, compared to existing the internal combustion locomotive, it is necessary to clarify the meaning of common configuration of goods of the same kind and the starting point of the three-year product type protection period. In addition, it is also necessary to limit the wide application of general provisions by interpreting the scope of ‘others’protected under the UCPA.

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