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연구논문

건축설계창작물에 대한 새로운 보호 방안

원문정보

New Protection Method for Architectural Design Creation

박진아

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초록

영어

The field of architecture lies at the intersection of the sciences and the arts, employing a combination of engineering and artistry, functionality and design. Because of their integrated characteristics of being utilitarian, functional as well as artistic, at present, no intellectual property protection method provide completely satisfactory protection to architectural design creations. Therefore, architectural design creations should have sui gerneris protection and there is a need to establish a new requirement for protection and protection period etc. to satisfy their sui gerneris characteristics. My aim in this article is to search an adequate and effective method for protecting architectural design creations. For this purpose, firstly, I will address definition and characteristics of architectural design creations. Secondly, I will deal with legislations and international norms for protecting architectural design creations, and, thirdly, I will review protection methods for architectural design creations and problems thereof. Fourthly, furthermore, with regard to protection of architectural design creations, I will propose new rules for adequately and effectively protecting architectural design creations. If artistic and functional architectural design creations are protected adequately, architects might be motivated for greater creativity, and they would be rewarded for their architectural design creations. Finally, I expect this article will become a starting point to be of any assistance in establishing special law for protection of architectural design creations.



목차

Ⅰ. 서론
 Ⅱ. 건축설계창작물의 개념 및 특징
 Ⅲ. 건축설계창작물 보호에 관한 국제규범과 입법례
 Ⅳ. 건축설계창작물의 “기능미”에 대한 보호방법의 검토
 Ⅴ. 입법적 제안 및 결론
 참고문헌
 ABSTRACT

저자정보

  • 박진아 Park, Jin-A. (사)기술과법연구소 부소장, SJD/법학박사

참고문헌

자료제공 : 네이버학술정보

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