earticle

영어

It is growing trend that there has been no adequate function against the counterfeiting of industrial designs with short life cycle, which results in the increase of the damages of dead copy. This trend is ascertained to the long pendency from application to registration of industrial designs under the current law system and to the characteristic of industrial designs being easily copied. The Korean Intellectual Property Office(KIPO) has recently put an notice for the revised bill which would newly regulate the sale of counterfeited goods of unregistered designs from others as an unfair competition act under the certain requirements. It is envisaged that this provision is basically modeled after the newly stipulated provision in Japan, namely the anti- counterfeiting provision of dead copy in the shape of goods (Article 2(1)(3)), under the Unfair Competition Provention Act revised in 1993. This anti-counterfeiting provision of dead copy in the shape of goods is proposed with an objective to be effectively used for the protection of short life-cycle designs against counterfeiting. The provision has two-tier protection system, one of which is the unregistered protection through the Unfair Competition Prevention Act, and the other is the registered protection with requirements under the Design Act. It is understood that the provision has the same legislative purpose as the EU Design Regulation or the Copyright, Design and Patent Act 1988(CDPA) of UK. Therefore, it is meaningful to review and analyze the anti-counterfeiting provision of dead copy in the shape of goods under the Unfair Competition Prevention Act in Japan. And this study focuses on the application requirements of this provision to the under the Unfair Competition Prevention Act in Japan.