Foreign design system

Republic of Korea Design System

1. XNUMX.Introduction

Below you will find useful information for protecting your design rights in the Republic of Korea.

We hope that this page will be of assistance to you in protecting your intellectual property overseas. Please help us.

2. Subject of protection, duration, and examination period

(1) Definition of “design”

The Korean Design Protection Act stipulates that the object of protection is "the shape, pattern, color, or combination of these of an article (including parts of an article and fonts) that evokes a sense of beauty through the eye." Fonts (typefaces) are included in the definition of an article, there are fewer restrictions on the protection of image designs, and the scope of "designs" that can be protected is wider than in Japan.

In addition, novelty and non-creativity are requirements for registration just like in Japan. However, for some classifications of products applied for, some of the registration requirements are not assessed at the registration examination stage as partial examination registration applications.

(2) Term of existence

designFrom the filing dateIt will be protected for 20 years.

(3) Review period

Average 4 to 6 months

3. Novelty, lack of creative ability, and exceptions to lack of novelty

(1) Novelty

(i) A design that was publicly known or publicly worked in the country or abroad prior to the filing of the application

(ii) a design that was published in a publication distributed domestically or abroad or that was made available to the public through an electronic communication line prior to the filing of the application;

and (iii) designs that are similar to designs that are publicly known, will not be registered for lack of novelty.

(2) Impossibility of creation

A design that a person with ordinary skill in the art can easily create prior to the filing of an application for design registration using a shape, pattern, color, or combination thereof that is widely known in Japan or abroad will not be registered.

(3) Exceptions to lack of novelty

Even if a design has lost novelty, it is still possible to file a design application and register it if the application is filed within 12 months from that date.

Four. Multiple designs, one application

It is possible to file multiple design applications for up to 100 items belonging to the same product class.

5. Partial design registration application

In Korea, the International Design Classification based on the Locarno Agreement is adopted, consisting of Classes 1 to 31. However, for Class 2 (clothing and fashion accessories), Class 5 (textile products, etc.), and Class 19 (stationery, office supplies, etc.), only some of the registration requirements (industrial applicability, ease of creation, etc.) are examined.*

If a third party provides information and evidence, a substantive examination will be conducted in the same manner as for a regular application, and a notice of refusal may be issued.

In addition, when a design right is granted based on a partial examination registration application, anyone may file an opposition within three months after the date of publication from the date of registration.

*2020年12月以降、上記の3種類に加えて、第1類(食料品)、第3類(身の回り品)、第9類(包装容器)、第11類(装飾用品)に拡大して一部審査制度が適用されることになりました。なお、2019年12月から、韓国特許庁はデザインの一部審査出願に関しては、出願日から10日以内に登録可能となる迅速審査を実施しており、ライフサイクルが短く、模倣され易い物品について迅速な権利確保及び活用に寄与することが期待されます。

6. Overall design and partial design

Like Japan, Korea also has a partial design system.

7. Image Design

Image designs can be protected in Korea.

Also, unlike in Japan, there is no requirement that the image be related to function or operation, so even images with decorative purposes may be protected.

Furthermore, since there are no requirements for consistency during distribution, not only embedded images but also images of game software, web pages, wallpapers, etc. can be registered.

The revised Design Protection Act will come into effect on October 2021, 10

Under South Korea's Design Protection Act, image designs themselves were not previously eligible for protection because they required that the design be an object. However, following the amendment to Japan's Design Act, discussions have become active in South Korea regarding relaxing the requirement for image designs to be an object. A bill to amend the Design Protection Act, which includes a provision that does not require image designs to be an object when filing a design application, was passed at a plenary session of the National Assembly on March 2021, 3, and issued on April 24.

The revised law amended the definition of design under the Design Protection Act, and explicitly stated that "images" are protected under the Design Protection Act, distinguishing them from articles. In particular, when filing an image design in Korea that does not specify an article, the requirement that an image design specify an article is not satisfied."Images used to operate devices"Or"Images that demonstrate the functionality of the device"Please note that this is limited to the above.

[Excerpts from the main points of the partial amendment to the Design Protection Act]

In Article 2, paragraph 1 of the Design Protection Act, “including parts of an article and typeface” shall be changed to “including parts of an article, typeface and image,” and a new Article 2-2 shall be added to the same Act.

2 of 2.

"Image" means a figure, symbol, etc. expressed by digital technology or electronic means that is used to operate a device or perform a function, and includes the image portion.

Source: AIPPI (2021) Vol. 66 No. 5 [2021 Latest Trends in Revision of Korea's Design System by Lee Kyungseon]

8. Application details

The application can state the purpose of use and method of operation of the design, so the function and use of the item are likely to be taken into consideration when determining the scope of a design right.

9. Drawings

①6-sided view and perspective view

One or more drawings that clearly show the overall design form and creative content are required, with six-sided and perspective views being commonly used.

The drawings must also include the main points of the design creation.

②Other drawings

If the above ① alone is not enough to fully express the design, the following drawings must be attached as necessary.

Exploded view, cross-sectional view, cutaway cross-sectional view, enlarged view

③CG, photos, and samples

For CG, JEPG and TIEF data file formats are accepted, and 3D modeling drawings can also be used. Both monochrome and color images are accepted.

When submitting photographs or samples instead of drawings, it is necessary to clearly understand the design. In the case of photographs, as a general rule, backgrounds, shadows, etc. should not be shown.

Characteristics of Korean Designs

Partial design protectionImage design protectionMultiple design applicationsubstantive examination図 面Photos and CGThe Hague Convention
can.can.can.
A design application may be filed for up to 100 items belonging to the same category under the Locarno classification.
Yes.
For classes 1, 2, 3, 5, 9, 11, and 19, only some of the registration requirements are examined.
Generally, a six-view + oblique view is recommended.There are no special handling procedures for CG-created drawings, and it is thought that there is little difference from the requirements for general drawings.Membership.

☆For a comparison of Japanese and Korean design laws,Korea Support Office pagePlease check.

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