VISUAL 지식재산권강의
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| Publication Date | 2023/09/01 |
| Pages/Weight/Size | 188*257*35mm |
| ISBN | 9791193321010 |
| Categories | 대학교재 > 법학계열 |
Description
이 책은 대학에서의 지식재산학전공자들이나 실무계에서의 지식재산 분야 담당자들 뿐만이 아니라, 일반인, 디자이너, 법학전공자들에게도 지식재산의 법적 이해가 쉽게 이루어지도록 가능한한 사례를 들어 설명하다보니 책의 분량이 다소 많아지게 되었는데, 이러한 점에 대해서는 독자들의 양해를 구하고자 한다. 한편으로 이 책에서의 주된 집필 취지와 관련된 ‘VISUAL’이라는 용어를 생략하고 시중에서 그냥 ‘지식재산권강의’라는 제목으로 불리워지고 있기도 한데, 이 머리말을 읽은 독자들은 이 책의 풀네임으로 제목을 기억해 주길 당부드린다. 지난 제4판에서도 언급한 바가 있지만, 이 책은 ‘VISUAL(시각적인)’이라는 용어를 토대로 디자인, 저작권, 상표, 부정경쟁행위, 특허 분야를 종합적으로 살펴보아 지식재산에 관한 융합적인 이해를 도모하는 구성으로 되어 있음을 이 책의 학습 시에 특히 고려해주기 바란다. 마지막으로 이 책이 지식재산학 분야에 관한 독자들의 이해를 높이고 학계나 실무계에서 지식재산학 연구의 토대로서의 역할을 할 수 있기를 기대한다.
Contents
1 지식재산권 ? 1
제1장 지식재산권의 정의와 분류 ······································································ 3
Ⅰ. 지식재산권 ······················································································································ 3
1. 지식재산권의 의의와 특징 / 3
2. 지식재산권 개념 이해 / 5
3. 지식재산권의 현재 / 6
4. 우리나라의 지식재산권제도와 관련 조약 / 10
Ⅱ. 지식재산권의 분류 ········································································································ 11
1. 산업 vs. 문화 / 11
2. 창작 vs. 식별표지 / 13
Ⅲ. 지식재산권과 관련법 ···································································································· 14
1. 헌법과 지식재산기본법 / 14
2. 민사법과 지식재산권의 관계 / 15
3. 기타 법률과 지식재산권의 관계 / 16
제2장 상표·디자인과 부정경쟁행위 ······························································ 20
Ⅰ. 상표와 지식재산권 ········································································································ 20
1. 상표등록(상표권)을 통한 보호 / 21
2. 부정경쟁행위로부터 보호 / 21
Ⅱ. 디자인과 지식재산권 ···································································································· 28
1. 저작권법상 응용미술저작물 / 28
2. 디자인등록(디자인권)을 통한 보호 / 29
3. 부정경쟁행위로부터 보호 / 29
4. 기타 법률에 의한 보호 / 41
Ⅲ. 그 밖의 부정경쟁행위 ·································································································· 42
1. 원산지·생산지 또는 제품의 질·양 등의 오인유발행위 / 42
2. 아이디어 탈취행위(부정경쟁방지법 제2조 제1호 차목) / 44
3. 데이터 부정사용행위(부정경쟁방지법 제2조 제1호 카목) / 45
4. 유명인의 초상·성명 등 부정사용행위(부정경쟁방지법 제2조 제1호 타목) / 45
차 례 7
2 저작권법 ? 49
제1장 저작물과 저작권 개론 ··········································································· 51
Ⅰ. 저작물 ··························································································································· 51
1. 저작물의 성립요건 / 52 2. 저작물의 예시 / 59
Ⅱ. 저작물과 디자인 ··········································································································· 61
1. 응용미술저작물 / 61 2. 건축저작물 / 65
3. 사진저작물 / 71 4. 영상저작물 / 76
5. 도형저작물 / 78 6. 2차적저작물 / 79
Ⅲ. 저작권의 내용 ·············································································································· 80
1. 저작권의 의의 / 80 2. 저작권의 발생·효력 / 81
3. 저작물의 이용허락 / 82 4. 저작권의 침해와 구제 / 83
제2장 저작권과 그 제한 ················································································· 94
Ⅰ. 저작자와 저작인격권 ···································································································· 94
1. 저작자 / 94 2. 저작인격권 / 98
Ⅱ. 저작재산권 ·················································································································· 103
1. 복제권 / 105 2. 공연권 / 105
3. 공중송신권 / 106 4. 전시권 / 107
5. 배포권과 권리소진 / 107 6. 대여권 / 108
7. 2차적저작물작성권 / 109
Ⅲ. 저작재산권의 제한 ····································································································· 110
1. 개요 / 110
2. 공표된 저작물의 인용 / 111
3. 사적이용을 위한 복제 / 113
4. 미술저작물등의 전시 또는 복제 / 114
5. 보충적 일반규정의 도입: 공정이용 / 115
6. 그 밖의 저작재산권의 제한 사유 / 116
8 차 례
제3장 저작권과 산업재산권의 비교 ······························································ 124
Ⅰ. 저작권과 산업재산권 ·································································································· 124
1. 산업재산권의 의의 / 124 2. 산업재산권의 특징 / 125
3. 양 권리의 대비 / 125
Ⅱ. 서체, 글자체, 폰트 ····································································································· 129
1. 서체의 저작물성 / 129
2. 디지털 폰트(digital font)의 저작물성 / 131
3. 글자체(typeface)의 보호 / 132
Ⅲ. 캐릭터의 보호 ············································································································ 134
1. 캐릭터와 저작권법 / 135
2. 캐릭터와 디자인보호법 / 136
3. 캐릭터와 상표법 및 부정경쟁방지법 / 137
3 디자인보호법 & 특허법 ? 141
제1장 디자인권과 디자인 ·············································································· 143
Ⅰ. 디자인권 ····················································································································· 143
1. 산업재산권으로서의 디자인권 / 143
2. 디자인권의 발생·효력·제한 / 145
3. 실시권 / 152
4. 디자인권의 침해와 구제 / 155
Ⅱ. 공업상 이용할 수 있는 디자인 ·················································································· 160
1. 디자인보호법상 디자인의 정의 / 161
2. 디자인보호법상 디자인의 성립요건 / 162
3. 디자인 성립요건 흠결의 취급 / 172
4. 공업상 이용가능성 / 173
제2장 디자인등록요건 ··················································································· 180
Ⅰ. 디자인등록요건의 개요 ······························································································· 180
차 례 9
Ⅱ. 주체적 등록요건과 디자인권의 귀속 ·········································································· 183
1. 권리능력 / 183 2. 권리적격: 디자인등록을 받을 수 있는 자 / 183
3. 공동창작 / 185 4. 선출원주의 / 187
5. 직무디자인창작 / 188
Ⅲ. 신규성과 창작비용이성 ······························································································· 190
1. 신규성 / 190 2. 창작비용이성 / 192
3. 신규성과 창작비용이성의 흠결 시 취급 및 양자의 비교 / 204
Ⅳ. 기타 등록요건 ············································································································ 205
1. 확대된 선출원주의 / 205
2. 디자인등록을 받을 수 없는 디자인 / 208
제3장 디자인등록출원과 특유제도 ································································ 217
Ⅰ. 디자인등록출원절차 ···································································································· 217
1. 디자인등록출원 / 217
2. 심사 / 226
3. 등록여부결정 및 디자인권 설정등록 / 228
4. 심판과 소송 / 229
Ⅱ. 출원서류 및 도면작성법 ····························································································· 231
1. 디자인등록출원서류 / 231 2. 물품의 명칭 / 232
3. 첨부도면 / 233 4. 도면 흠결 시 법적 취급 / 241
Ⅲ. 디자인보호법상 특유제도 ··························································································· 241
1. 부분디자인제도 / 241 2. 디자인일부심사등록제도 / 246
3. 관련디자인제도 / 254 4. 복수디자인등록출원제도 / 259
5. 한 벌의 물품의 디자인제도 / 262 6. 비밀디자인제도 / 265
제4장 디자인의 유사판단 ·············································································· 272
Ⅰ. 디자인의 유사의 개념 ································································································ 272
1. 디자인보호법상 디자인의 유사 / 273 2. 유사판단의 어려움 / 273
3. 유사 여부의 확인 방법 / 279
Ⅱ. 디자인의 유사판단의 방법 ························································································· 280
1. 유사 여부에 관한 판단기준 / 280 2. 구체적인 유사 여부 판단방법 / 281
3. 유사판단 시 고려할 사항 / 286
10 차 례
제5장 디자인의 해외에서의 보호 ································································· 295
Ⅰ. 해외 국가별 디자인의 권리화 ···················································································· 295
1. 속지주의와 조약우선권 / 295
2. 조약우선권 주장의 효과 / 296
3. 우선권주장 가능 기간과 국가별 디자인등록출원의 한계 / 296
Ⅱ. 헤이그협정에 의한 디자인의 국제출원 ······································································ 297
1. 헤이그 시스템의 의의 / 297
2. 헤이그 시스템을 이용한 국제출원제도의 장단점 / 298
3. 헤이그 시스템을 이용한 디자인의 국제출원 / 299
제6장 아이디어(idea)의 보호 ···································································· 305
Ⅰ. 특 허 권 ····················································································································· 306
1. 산업재산권으로서 특허권 / 306
2. 특허권의 발생과 존속기간 / 307
3. 특허권의 효력과 제한 / 310
4. 특허권의 침해에 대한 구제 / 314
Ⅱ. 발명(發明)의 개념, 그 성립성 ···················································································· 314
1. 사상(思想)·아이디어(idea)의 창작 / 315
2. 기술적인 것(技術的·technical) / 316
3. 자연법칙을 이용 / 317
4. 발명의 완성 / 319
Ⅲ. 특허요건 ····················································································································· 320
1. 주체적 요건과 특허권의 귀속 / 320 2. 객체적 요건 / 321
3. 절차적 요건 / 325
Ⅳ. 특허출원절차 ·············································································································· 326
1. 특허출원 및 출원공개 / 327 2. 심사 / 330
3. 특허여부결정 및 특허권 설정등록 / 331
Ⅴ. 실용신안제도 ·············································································································· 332
1. 실용신안권 / 333 2. 실용신안제도의 목적 및 현황 / 333
3. 실용신안법과 특허법의 공통점 / 334 4. 실용신안법과 특허법의 차이점 / 334
5. 변경출원제도 / 338
차 례 11
4 상 표 법 ? 341
제1장 브랜드(상표)와 상표권 ······································································· 343
Ⅰ. 상표법상 상표 ············································································································ 344
1. 상표법상 상표의 개념 / 344
2. 단체표장·업무표장·증명표장 / 357
3. 상표의 기능 / 360
Ⅱ. 상표권 제도 ················································································································ 364
1. 상표권 제도의 목적 / 364 2. 상표권의 내용 / 366
제2장 상표등록요건 및 상표 자체에 관한 부등록사유 ································ 372
Ⅰ. 상표등록요건과 식별력 ······························································································· 372
1. 상표등록을 받을 수 있는 자 / 373 2. 광의의 상표등록요건 / 377
3. 자타상품식별력 / 377 4. 사용에 의한 식별력 취득 / 413
Ⅱ. 상표부등록사유 개요 ·································································································· 420
Ⅲ. 상표 자체에 관한 부등록사유의 구체적인 내용 ························································ 423
1. 대한민국, 외국, 국제기관 등의 표지 및 감독용 인장 등과 동일·유사한 상표 / 423
2. 국가, 공공단체 등과의 거짓 관계 표시·비방·모욕 우려 상표 / 427
3. 국가, 공공단체 등의 저명한 표장과 동일·유사한 상표 / 429
4. 공서양속에 반하는 상표 / 432
5. 박람회의 상패·상장 등과 동일·유사한 표장이 있는 상표 / 435
6. 저명한 타인의 성명·명칭 등 또는 이들의 약칭을 포함하는 상표 / 436
7. 품질 오인 또는 수요자 기만 염려 상표 / 442
8. 상품의 기능을 확보하는 데 불가결한 상표 / 445
9. 포도주 등 산지에 관한 지리적 표시를 포함하는 상표 / 449
10. 식물신품종 보호법에 따라 등록된 품종명칭과 동일·유사한 상표 / 450
11. 농수산물 품질관리법에 따라 등록된 지리적 표시와 동일·유사한 상표 / 450
12. 자유무역협정에 따라 보호되는 지리적 표시와 관련된 상표 / 451
12 차 례
제3장 선행상표와의 관계에 관한 부등록사유 ·············································· 455
Ⅰ. 선출원상표와의 관계 ·································································································· 456
1. 선출원주의와 선사용주의 / 456
2. 선·후출원판단의 기준 / 457
Ⅱ. 선등록상표와의 관계 ·································································································· 458
1. 선출원에 의한 타인의 등록상표 / 458
2. 선출원에 의한 타인의 등록된 지리적 표시 단체표장 / 461
Ⅲ. 선사용상표와의 관계 ·································································································· 462
1. 주지상표(주지된 지리적 표시)와의 관계 / 462
2. 저명상표와의 관계 / 466
3. 부정한 목적과 선사용상표(선사용 지리적 표시) / 472
4. 수요자를 기만할 염려가 있는 상표 / 478
Ⅳ. 신의성실의 원칙에 반하는 관계 ················································································· 484
1. 타인의 사용 또는 사용 준비 중인 상표임을 알면서 출원한 상표 / 484
2. 조약당사국에 등록된 상표와 동일·유사한 상표 / 488
제4장 상표등록출원 ······················································································ 491
Ⅰ. 상표등록출원절차 ······································································································· 491
1. 상표등록출원 / 492 2. 출원의 보정 / 495
3. 출원의 분할 / 501 4. 출원의 변경 / 503
Ⅱ. 심사 및 이의신청제도 ································································································ 504
1. 거절결정 / 505 2. 출원공고제도 / 506
3. 이의신청제도 / 507
Ⅲ. 등록결정 및 상표권 설정등록 ···················································································· 509
1. 심사관의 상표등록결정 / 509 2. 설정등록료 납부와 상표권 발생 / 510
3. 등록공고 및 등록증 교부 / 510
차 례 13
제5장 상표의 유사판단 ················································································· 512
Ⅰ. 상품의 동일?유사 ······································································································ 513
1. 상품의 유사에 대한 판단 / 513
2. 상품과 서비스 간의 유사성(동종성) / 517
Ⅱ. 상표(표장)의 동일?유사 ···························································································· 519
1. 상표 유사판단의 3요소 / 520 2. 판단기준 / 520
3. 관찰방법 / 521
4. 유사판단에 관한 사례 / 527
제6장 디자인의 상표적 기능 ········································································ 539
Ⅰ. 디자인과 출처의 혼동 ································································································ 539
Ⅱ. 디자인과 상표법 ········································································································· 541
1. 상표와 디자인의 관계: 배타적·선택적 관계가 아니다. / 541
2. 디자인의 상표권 침해 / 542
3. 디자인을 상표로 보호하는 방법과 문제점 / 545
제7장 상표의 해외에서의 보호 ···································································· 548
Ⅰ. 해외 국가별 상표권의 확보 방법 ··············································································· 548
1. 해외에서의 상표의 보호제도 / 548
2. 조약에 의한 우선권제도 / 549
3. 통상의 해외출원에서의 국가별 상표등록의 어려움 / 549
Ⅱ. 마드리드 의정서에 따른 국제출원 시스템 ································································· 550
1. 마드리드 의정서 / 551
2. 마드리드 국제출원의 장점 / 552
3. 마드리드 국제출원의 내용 / 553
▶ 판례색인 ···················································································································· 559
▶ 사항색인 ···················································································································· 565
제1장 지식재산권의 정의와 분류 ······································································ 3
Ⅰ. 지식재산권 ······················································································································ 3
1. 지식재산권의 의의와 특징 / 3
2. 지식재산권 개념 이해 / 5
3. 지식재산권의 현재 / 6
4. 우리나라의 지식재산권제도와 관련 조약 / 10
Ⅱ. 지식재산권의 분류 ········································································································ 11
1. 산업 vs. 문화 / 11
2. 창작 vs. 식별표지 / 13
Ⅲ. 지식재산권과 관련법 ···································································································· 14
1. 헌법과 지식재산기본법 / 14
2. 민사법과 지식재산권의 관계 / 15
3. 기타 법률과 지식재산권의 관계 / 16
제2장 상표·디자인과 부정경쟁행위 ······························································ 20
Ⅰ. 상표와 지식재산권 ········································································································ 20
1. 상표등록(상표권)을 통한 보호 / 21
2. 부정경쟁행위로부터 보호 / 21
Ⅱ. 디자인과 지식재산권 ···································································································· 28
1. 저작권법상 응용미술저작물 / 28
2. 디자인등록(디자인권)을 통한 보호 / 29
3. 부정경쟁행위로부터 보호 / 29
4. 기타 법률에 의한 보호 / 41
Ⅲ. 그 밖의 부정경쟁행위 ·································································································· 42
1. 원산지·생산지 또는 제품의 질·양 등의 오인유발행위 / 42
2. 아이디어 탈취행위(부정경쟁방지법 제2조 제1호 차목) / 44
3. 데이터 부정사용행위(부정경쟁방지법 제2조 제1호 카목) / 45
4. 유명인의 초상·성명 등 부정사용행위(부정경쟁방지법 제2조 제1호 타목) / 45
차 례 7
2 저작권법 ? 49
제1장 저작물과 저작권 개론 ··········································································· 51
Ⅰ. 저작물 ··························································································································· 51
1. 저작물의 성립요건 / 52 2. 저작물의 예시 / 59
Ⅱ. 저작물과 디자인 ··········································································································· 61
1. 응용미술저작물 / 61 2. 건축저작물 / 65
3. 사진저작물 / 71 4. 영상저작물 / 76
5. 도형저작물 / 78 6. 2차적저작물 / 79
Ⅲ. 저작권의 내용 ·············································································································· 80
1. 저작권의 의의 / 80 2. 저작권의 발생·효력 / 81
3. 저작물의 이용허락 / 82 4. 저작권의 침해와 구제 / 83
제2장 저작권과 그 제한 ················································································· 94
Ⅰ. 저작자와 저작인격권 ···································································································· 94
1. 저작자 / 94 2. 저작인격권 / 98
Ⅱ. 저작재산권 ·················································································································· 103
1. 복제권 / 105 2. 공연권 / 105
3. 공중송신권 / 106 4. 전시권 / 107
5. 배포권과 권리소진 / 107 6. 대여권 / 108
7. 2차적저작물작성권 / 109
Ⅲ. 저작재산권의 제한 ····································································································· 110
1. 개요 / 110
2. 공표된 저작물의 인용 / 111
3. 사적이용을 위한 복제 / 113
4. 미술저작물등의 전시 또는 복제 / 114
5. 보충적 일반규정의 도입: 공정이용 / 115
6. 그 밖의 저작재산권의 제한 사유 / 116
8 차 례
제3장 저작권과 산업재산권의 비교 ······························································ 124
Ⅰ. 저작권과 산업재산권 ·································································································· 124
1. 산업재산권의 의의 / 124 2. 산업재산권의 특징 / 125
3. 양 권리의 대비 / 125
Ⅱ. 서체, 글자체, 폰트 ····································································································· 129
1. 서체의 저작물성 / 129
2. 디지털 폰트(digital font)의 저작물성 / 131
3. 글자체(typeface)의 보호 / 132
Ⅲ. 캐릭터의 보호 ············································································································ 134
1. 캐릭터와 저작권법 / 135
2. 캐릭터와 디자인보호법 / 136
3. 캐릭터와 상표법 및 부정경쟁방지법 / 137
3 디자인보호법 & 특허법 ? 141
제1장 디자인권과 디자인 ·············································································· 143
Ⅰ. 디자인권 ····················································································································· 143
1. 산업재산권으로서의 디자인권 / 143
2. 디자인권의 발생·효력·제한 / 145
3. 실시권 / 152
4. 디자인권의 침해와 구제 / 155
Ⅱ. 공업상 이용할 수 있는 디자인 ·················································································· 160
1. 디자인보호법상 디자인의 정의 / 161
2. 디자인보호법상 디자인의 성립요건 / 162
3. 디자인 성립요건 흠결의 취급 / 172
4. 공업상 이용가능성 / 173
제2장 디자인등록요건 ··················································································· 180
Ⅰ. 디자인등록요건의 개요 ······························································································· 180
차 례 9
Ⅱ. 주체적 등록요건과 디자인권의 귀속 ·········································································· 183
1. 권리능력 / 183 2. 권리적격: 디자인등록을 받을 수 있는 자 / 183
3. 공동창작 / 185 4. 선출원주의 / 187
5. 직무디자인창작 / 188
Ⅲ. 신규성과 창작비용이성 ······························································································· 190
1. 신규성 / 190 2. 창작비용이성 / 192
3. 신규성과 창작비용이성의 흠결 시 취급 및 양자의 비교 / 204
Ⅳ. 기타 등록요건 ············································································································ 205
1. 확대된 선출원주의 / 205
2. 디자인등록을 받을 수 없는 디자인 / 208
제3장 디자인등록출원과 특유제도 ································································ 217
Ⅰ. 디자인등록출원절차 ···································································································· 217
1. 디자인등록출원 / 217
2. 심사 / 226
3. 등록여부결정 및 디자인권 설정등록 / 228
4. 심판과 소송 / 229
Ⅱ. 출원서류 및 도면작성법 ····························································································· 231
1. 디자인등록출원서류 / 231 2. 물품의 명칭 / 232
3. 첨부도면 / 233 4. 도면 흠결 시 법적 취급 / 241
Ⅲ. 디자인보호법상 특유제도 ··························································································· 241
1. 부분디자인제도 / 241 2. 디자인일부심사등록제도 / 246
3. 관련디자인제도 / 254 4. 복수디자인등록출원제도 / 259
5. 한 벌의 물품의 디자인제도 / 262 6. 비밀디자인제도 / 265
제4장 디자인의 유사판단 ·············································································· 272
Ⅰ. 디자인의 유사의 개념 ································································································ 272
1. 디자인보호법상 디자인의 유사 / 273 2. 유사판단의 어려움 / 273
3. 유사 여부의 확인 방법 / 279
Ⅱ. 디자인의 유사판단의 방법 ························································································· 280
1. 유사 여부에 관한 판단기준 / 280 2. 구체적인 유사 여부 판단방법 / 281
3. 유사판단 시 고려할 사항 / 286
10 차 례
제5장 디자인의 해외에서의 보호 ································································· 295
Ⅰ. 해외 국가별 디자인의 권리화 ···················································································· 295
1. 속지주의와 조약우선권 / 295
2. 조약우선권 주장의 효과 / 296
3. 우선권주장 가능 기간과 국가별 디자인등록출원의 한계 / 296
Ⅱ. 헤이그협정에 의한 디자인의 국제출원 ······································································ 297
1. 헤이그 시스템의 의의 / 297
2. 헤이그 시스템을 이용한 국제출원제도의 장단점 / 298
3. 헤이그 시스템을 이용한 디자인의 국제출원 / 299
제6장 아이디어(idea)의 보호 ···································································· 305
Ⅰ. 특 허 권 ····················································································································· 306
1. 산업재산권으로서 특허권 / 306
2. 특허권의 발생과 존속기간 / 307
3. 특허권의 효력과 제한 / 310
4. 특허권의 침해에 대한 구제 / 314
Ⅱ. 발명(發明)의 개념, 그 성립성 ···················································································· 314
1. 사상(思想)·아이디어(idea)의 창작 / 315
2. 기술적인 것(技術的·technical) / 316
3. 자연법칙을 이용 / 317
4. 발명의 완성 / 319
Ⅲ. 특허요건 ····················································································································· 320
1. 주체적 요건과 특허권의 귀속 / 320 2. 객체적 요건 / 321
3. 절차적 요건 / 325
Ⅳ. 특허출원절차 ·············································································································· 326
1. 특허출원 및 출원공개 / 327 2. 심사 / 330
3. 특허여부결정 및 특허권 설정등록 / 331
Ⅴ. 실용신안제도 ·············································································································· 332
1. 실용신안권 / 333 2. 실용신안제도의 목적 및 현황 / 333
3. 실용신안법과 특허법의 공통점 / 334 4. 실용신안법과 특허법의 차이점 / 334
5. 변경출원제도 / 338
차 례 11
4 상 표 법 ? 341
제1장 브랜드(상표)와 상표권 ······································································· 343
Ⅰ. 상표법상 상표 ············································································································ 344
1. 상표법상 상표의 개념 / 344
2. 단체표장·업무표장·증명표장 / 357
3. 상표의 기능 / 360
Ⅱ. 상표권 제도 ················································································································ 364
1. 상표권 제도의 목적 / 364 2. 상표권의 내용 / 366
제2장 상표등록요건 및 상표 자체에 관한 부등록사유 ································ 372
Ⅰ. 상표등록요건과 식별력 ······························································································· 372
1. 상표등록을 받을 수 있는 자 / 373 2. 광의의 상표등록요건 / 377
3. 자타상품식별력 / 377 4. 사용에 의한 식별력 취득 / 413
Ⅱ. 상표부등록사유 개요 ·································································································· 420
Ⅲ. 상표 자체에 관한 부등록사유의 구체적인 내용 ························································ 423
1. 대한민국, 외국, 국제기관 등의 표지 및 감독용 인장 등과 동일·유사한 상표 / 423
2. 국가, 공공단체 등과의 거짓 관계 표시·비방·모욕 우려 상표 / 427
3. 국가, 공공단체 등의 저명한 표장과 동일·유사한 상표 / 429
4. 공서양속에 반하는 상표 / 432
5. 박람회의 상패·상장 등과 동일·유사한 표장이 있는 상표 / 435
6. 저명한 타인의 성명·명칭 등 또는 이들의 약칭을 포함하는 상표 / 436
7. 품질 오인 또는 수요자 기만 염려 상표 / 442
8. 상품의 기능을 확보하는 데 불가결한 상표 / 445
9. 포도주 등 산지에 관한 지리적 표시를 포함하는 상표 / 449
10. 식물신품종 보호법에 따라 등록된 품종명칭과 동일·유사한 상표 / 450
11. 농수산물 품질관리법에 따라 등록된 지리적 표시와 동일·유사한 상표 / 450
12. 자유무역협정에 따라 보호되는 지리적 표시와 관련된 상표 / 451
12 차 례
제3장 선행상표와의 관계에 관한 부등록사유 ·············································· 455
Ⅰ. 선출원상표와의 관계 ·································································································· 456
1. 선출원주의와 선사용주의 / 456
2. 선·후출원판단의 기준 / 457
Ⅱ. 선등록상표와의 관계 ·································································································· 458
1. 선출원에 의한 타인의 등록상표 / 458
2. 선출원에 의한 타인의 등록된 지리적 표시 단체표장 / 461
Ⅲ. 선사용상표와의 관계 ·································································································· 462
1. 주지상표(주지된 지리적 표시)와의 관계 / 462
2. 저명상표와의 관계 / 466
3. 부정한 목적과 선사용상표(선사용 지리적 표시) / 472
4. 수요자를 기만할 염려가 있는 상표 / 478
Ⅳ. 신의성실의 원칙에 반하는 관계 ················································································· 484
1. 타인의 사용 또는 사용 준비 중인 상표임을 알면서 출원한 상표 / 484
2. 조약당사국에 등록된 상표와 동일·유사한 상표 / 488
제4장 상표등록출원 ······················································································ 491
Ⅰ. 상표등록출원절차 ······································································································· 491
1. 상표등록출원 / 492 2. 출원의 보정 / 495
3. 출원의 분할 / 501 4. 출원의 변경 / 503
Ⅱ. 심사 및 이의신청제도 ································································································ 504
1. 거절결정 / 505 2. 출원공고제도 / 506
3. 이의신청제도 / 507
Ⅲ. 등록결정 및 상표권 설정등록 ···················································································· 509
1. 심사관의 상표등록결정 / 509 2. 설정등록료 납부와 상표권 발생 / 510
3. 등록공고 및 등록증 교부 / 510
차 례 13
제5장 상표의 유사판단 ················································································· 512
Ⅰ. 상품의 동일?유사 ······································································································ 513
1. 상품의 유사에 대한 판단 / 513
2. 상품과 서비스 간의 유사성(동종성) / 517
Ⅱ. 상표(표장)의 동일?유사 ···························································································· 519
1. 상표 유사판단의 3요소 / 520 2. 판단기준 / 520
3. 관찰방법 / 521
4. 유사판단에 관한 사례 / 527
제6장 디자인의 상표적 기능 ········································································ 539
Ⅰ. 디자인과 출처의 혼동 ································································································ 539
Ⅱ. 디자인과 상표법 ········································································································· 541
1. 상표와 디자인의 관계: 배타적·선택적 관계가 아니다. / 541
2. 디자인의 상표권 침해 / 542
3. 디자인을 상표로 보호하는 방법과 문제점 / 545
제7장 상표의 해외에서의 보호 ···································································· 548
Ⅰ. 해외 국가별 상표권의 확보 방법 ··············································································· 548
1. 해외에서의 상표의 보호제도 / 548
2. 조약에 의한 우선권제도 / 549
3. 통상의 해외출원에서의 국가별 상표등록의 어려움 / 549
Ⅱ. 마드리드 의정서에 따른 국제출원 시스템 ································································· 550
1. 마드리드 의정서 / 551
2. 마드리드 국제출원의 장점 / 552
3. 마드리드 국제출원의 내용 / 553
▶ 판례색인 ···················································································································· 559
▶ 사항색인 ···················································································································· 565