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Information on the Korean Design System


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Korean Design




INFORMATION ON THE KOREAN DESIGN SYSTEM



Korean Design system information

A design is easily copied and sensitive to trends. Therefore, it is subject to several special systems different from other industrial property right laws.

 


Similar design system

1. Overview

- The similar design system features the creation of a basic design transformed into variations and continuously created.

- As the scope of similarity is abstractive and indefinite, protection by registration is required for similar designs within the scope of similarity to prevent infringement and imitation.

- Thereby, a design transformed from the basic design which an applicant has registered or filed can be registered as a similar design.

 

2. Contents of a similar design

- Similar design rights shall be assigned and extinguished in indivisible combination with the design rights of the basic design.

- However, it is possible to create similar design rights only by an invalidation trial or a trial to confirm the scope of the rights or to cancel the rights.

 


Set item design system

The Act specifies "the doctrine of one application for one design" through which an application for substantive examination design registration shall relate to only one design so as to clarify application items, accelerate examination, and also define the scope of the rights.


However, if two or more articles are exceptionally used as a set of articles constituting a coordinated whole, the set item design system is applied so that they can be examined and registered through one application.


Items for a design of a set of articles (Addendum 5 of the Enforcement Regulation of the Industrial Design Protection)

 


Secret design system

A design is easily copied and sensitive to trends. Therefore, if it is disclosed that the owner of the design rights to a design has not completed the proper preparations for a business, the owner may lose all business profits due to imitation by others.


An applicant may request that the design be kept secret for a period of three years from the date upon which it is registered or protected.


The request for the undisclosed design is made from the filing date of the application to the payment date of the initial registration fee so that the applicant can efficiently manage the situation. The applicant may reduce or extend the period by a maximum of three years.


In any of the following cases, the Commissioner of the Korean Industrial Property Office shall allow persons to have access to a design when:

- The request is made by a person who has obtained the consent of the owner of the design rights;

- The request is made by a party or an intervener in examination, trial, or litigation proceedings;

- The request is made by a person who has clearly stated that he/she was warned about infringement of the registered design; 

- The request is made by a court.








Read more about Korean Design here:


Korean Design System

- What is a Korean Industrial Design?

- Information on the Design System

- Requirements for a Korean Design Definition

- Prerequisites for Acquiring Design Rights in Korea

- Korean Design Rights



Application Procedure for Design in Korea

- Substantive Examination System

- Non-Substantive Examination System







DAEILPAT



Design


The road to securing design registration in Korea is often as unique as your products, and we are here to guide you in the right direction.


Establishing design protection for the design of your products can have a significant commercial impact on your business, especially in today's world where product design plays a crucial role in captivating consumers and differentiating your offerings from competitors.


Design protection can be established for various products. While obvious examples include furniture, jewelry, and industrial equipment, it's important to note that design protection can also be applied to other products. For instance, it can be extended to the graphical user interface (GUI) of a software product or the pattern of a fabric. We recommend registering a design if you have invested time and resources into developing the design of your product and if it adds value to your offering.


Combining design protection with patent protection can provide robust protection for your product. This approach allows you to safeguard both the outer appearance and the technical functionality of your product, ensuring comprehensive protection.


Remember, protecting your designs in Korea can help safeguard your business interests and create a competitive advantage. By taking the necessary steps to register your designs and enforce your rights, you can maximize the commercial value of your products in the Korean market.


Learn more about Designs Registration and Protection in Korea





Benefits of Protecting Your Product's Visual Expression with a Design Registration in Korea


Registering your design in Korea offers numerous advantages for foreign companies entering the market. Here are the key benefits of design registration:


Market Positioning: By registering your design, you strengthen your market position in Korea. It enables you to prevent others from using your design, establishing your uniqueness and exclusivity. This sets your products apart from competitors and enhances your brand image.


Customer Confidence: A registered design adds value for both your company and customers. When customers see your registered design, they can trust that the origin and quality of the products are guaranteed. Over time, customers may develop a preference for your products, associating the design's quality with your brand. This builds customer loyalty and can drive repeat purchases.


Legal Protection: A strong design registration provides legal protection in Korea. It not only safeguards against identical designs but also against those that give the same overall impression. This broader protection ensures that competitors cannot create similar designs that confuse consumers. In case of infringement, you have the right to take legal action and seek financial damages from the infringing party.


Competitive Advantage: Design registration gives you a competitive edge in the Korean market. It prevents competitors from copying or imitating your design, preserving your unique selling point. This exclusivity can result in increased market share, higher sales, and improved profitability.


Brand Recognition and Value: A registered design contributes to brand recognition and enhances the value of your company's intellectual property portfolio. It demonstrates your commitment to innovation, design excellence, and protecting your creative assets. This can attract potential investors, partners, and licensees who value strong IP protection.


Licensing and Royalty Opportunities: A registered design opens up opportunities for licensing agreements. You can grant others the right to use your design in exchange for licensing fees or royalties. This can be a lucrative revenue stream and allow your design to reach a wider market without compromising your exclusivity.


By securing design registration in Korea, foreign companies can position themselves for success in the market. It establishes legal protection, enhances brand value, builds customer trust, and provides a competitive advantage, all of which contribute to long-term business growth and profitability.






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