KOREAN DESIGN RIGHTS
Term of a design right
Korean Design rights are valid or in force for 20 years from the date of registration for establishment. However, similar design rights have the same duration as basic design rights. When a basic design expires, the similar design rights expire as well.
Commencement of a design right
When an examiner decides to grant the design registration and an applicant pays the stipulated registration fees, the design right is effective.
A person who is seeking to register a design right shall pay a fee for a period of three years from the date registration was sought (hereinafter "registration date"), and the owner of a design right shall pay an annual fee on the registration date starting from the second year of the three year period. The owner of a design right may pay the design registration fee for multiple years or the entire period.
The owner of a design right or a person seeking to register a design right has a period of six months after the expiry of the prescribed payment period to pay late registration fees. The amount of the late registration fees to be paid shall not be more than twice the initial registration fees.
If the owner of a design right or a person seeking to register a design right is unable to pay the late registration fees within the prescribed period for unavoidable reasons, the person has a period of fourteen days from the date on which the reasons cease to exist in which to pay the late registration fees. However, this provision does not apply where six months have elapsed from the expiry date of the period of late payment.
Effect of a design right
(1) Contents of design rights
The owner of a design right has the exclusive right to work the registered design and its similar designs commercially and industrially as business.
(A) "As business"
- "As business" refers to all designs which are repeatedly utilized including designs which are utilized for profit or not for profit. In other words, designs which are utilized individually, temporarily, and on one occasion are excluded.
(B) "Working"
- "Working" refers to all actions which produce, use, assign, lease, import or export articles related to designs; or offers to assign or lease such articles (including exhibition to transfer or lease).
(C) "Monopoly"
- "Monopoly" refers to the rights of a registered design and its similar designs which are excluded from being worked by others.
(2) Scope of protection of design rights
"The effect of design rights extends to not only the same design as a registered design, but also to designs similar to it since the scope of protection is narrow and the original purpose cannot be realized if the design rights are limited to the same design.
Therefore, the concept of "similarity" is defined as the extent to which the design has common homogeneity in its formative essence compared to the design represented in an article and so evokes a seemingly similar aesthetic sense.
Restriction of a design right
(1) The effect of a design right cannot extend to any of the following:
① the use of a registered design for research or an experiment
② vessels, aircraft or vehicles merely passing through the Republic of Korea or the machinery, instruments, equipment or other accessories used in such vessels, aircraft or vehicles
③ identical products existing in the Republic of Korea at the time the application for registration of a design was filed
(2) Restriction by license
Where the design right is subject to an exclusive license, the design rights of the owner of a registered design are constrained within the extent that the exclusive licensee has the exclusive right to work the registered design or similar design.
(3) Restriction by other prior rights
Where working a registered design or similar design would utilize or conflict with another person's registered design or similar design, patented invention, registered utility model, or registered trademark under an application filed before the application date of the design registration concerned, the owner of the design right may not work the registered design commercially or industrially without the consent of the owner of the earlier patent right, utility model right or trademark right.
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.
