REQUIREMENTS FOR A KOREAN DESIGN DEFINITION
Merchantability
A design has an indivisible relationship with articles and cannot exist without articles. That is, the Act does not protect a created design, but protects articles to which the design is applied.
The articles herein mean "movable properties which are independent and definitive." Thereby, the following cannot be included in articles protected in accordance with the Act.
- Immovable property
- Shapeless things such as heat, air, fluid, electric, etc
- Powder or granules such as sugar
- As of July 1, 2001, the partial design of articles such as the heels of socks, necks of bottle, and handles of coffee cups can be registered as well. However, the name of design target articles shall be specified as socks, packing bottles, or coffee cups.
- Things that are not the intrinsic shapes of articles (e.g. a handkerchief folded into the shape of a flower)
Configuration (shape, pattern, color)
Configuration means the shape, pattern, color or combination of these in an article
- Shape: appearance of an article which occupies space, 3D outline which composes articles
- Pattern: chromaticity, color turbidity, and color distinction which show the appearance of articles
- Color: color painted on articles to be discriminated visually
Visibility
A design is limited to things which can be identified by the human eye. In other words, the Act is not applied to things sensed by feeling or things unable to be discerned and to things which can only be identified using instruments such as a microscope.
Aesthetics
A design is applied only to things which stimulate an aesthetic sense. However, since aesthetic sense may be subject to individual judgment, it is difficult to establish exact judgment criteria. Therefore, in actual examination, if an article has perceptible formative beauty rather than a high-level of aesthetic sense, it is regarded as possessing aesthetic sense.
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
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.
