KOREA

• APPLICANTS WHO MAY APPLY FOR INDUSTRIAL DESIGN PROTECTION

  • Following can file Design Applications:

    1. Author of the Design
    2. Employer of the author if Design made during course of employment
    3. Person contracting the author to make the design
    4. Person to whom the author has assigned the design in writing.

    Two or more persons owning interests in the design must apply jointly.

• REQUISITES FOR FILING INDUSTRIAL DESIGN APPLICATIONS
  • • Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) – photographs in jpg format
    • The full name and address of each creator;
    • The full name and address of each applicant;
    • The name of article to which the design is applied;
    • The filing date, application number and country of the priority application; and
    • The priority document
    • Statement of Novelty in respect of the articles to which industrial design is applied to. However, not required while registering wallpaper, lace or textile articles.
    • Full payment of fees.

    Statement of Novelty: Novelty refers to originality, something new or unusual. In this context, if the Patent & Design office so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that he claims over the designs so submitted for registration.

    Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design. However, in Korea, the applicant can file the application within 12 months after disclosure which will still retain novelty.

• KINDS OF INDUSTRIAL DESIGNS REGISTRABLE

  • To come under the scope of registration, a Design should:

    1. Be new and / or original
    2. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 12 month exception is provided.
    3. Be significantly distinguishable from known designs or combination of known designs.
    4. Not contain scandalous or obscene matter, or be contrary to public order or morality.
    5. Not be a mere mechanical contrivance.
    6. Be applicable to an article, should appeal to the eye.
       Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.

    Aspects of Designs registrable:

    • Two Dimensional, 3 Dimensional, General Appearance of a design.
    • Decoration, Shapes, Lines, Colours, Pattern
    • Aesthetic impression on the sense of sight
    • Style of Calligraphy
    • Appearance of goods
    • Appearance of movable property which can be independently transacted
    • Combination of all of the above.

    Categories of Designs registrable:

    • Visual communication designs related to products, advertisements, graphics, multimedia designs.
    • Designs related to a living space or environment.
• KINDS OF INDUSTRIAL DESIGNS NOT REGISTRABLE

  • The following kinds of Designs are not registrable:

    • Designs which are not new or original
    • Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date.
    • Designs which are not significantly distinguishable from known designs or combination of known designs or
    • Comprises or contains scandalous or obscene matter.
    • No design that is contrary to public order or accepted principles of morality can be registered.

    ParityPatents through it’s associate Law Firms in Korea, is at hand to help you with patent design registration and prosecution.

• STEPS TO INDUSTRIAL DESIGN REGISTRATION

  • Steps to Registration:

    1. Finding out whether such a design has been registered previously.
    2. Preparing a representation of the design
    3. Identifying the class of design.
    4. Providing a statement of novelty.
    5. Including a disclaimer that the design has not been in the public domain at any point in time.
    6. Claiming a priority date if the design Is registered in other countries.
    7. Determining the fee to be paid.
    8. Ensuring all enclosures are attached.
    9. Complying with objections if any.
    10. Providing full details pertaining to contacts and addresses.

    ParityPatent along with specialised Industrial Design Lawyers and attorneys in Korea can assist you comprehensively with registration and protection of new Industrial Design at national office or International Design Protection through Hague System.

• EXAMINATION PROCESS OF INDUSTRIAL DESIGNS

  • There are 2 kinds of examination systems in Korea:

    • Non – Substantive Examination System – NSES
    • Substantive Examination System – SES

    (i). Non – Substantive Examination System – NSES:

    Designs are examined for formalities. Amendments if any to be carried out by the applicant are informed and applicant is to amend the same within a stipulated time failing which, the application is deemed abandoned.

    Several designs (20 or less) may be combined in one multiple application as long as the products belong to the same class.

    (ii). Substantive Examination System – SES:

    Designs are examined for formalities. Amendments if any to be carried out by the applicant are informed and applicant is to amend the same within a stipulated time failing which, the application is deemed abandoned.

• PUBLICATION AND REGISTRATION OF INDUSTRIAL DESIGNS

  • Under the NSES system – If there are no discrepancies found in the application, the application is granted registration without subjecting it to a substantive examination.

    Designs are published under the “Design Registration Gazette under the NSES” if all compliances are completed and no discrepancies are found.

    Under the SES system – Post formality examination, upon the applicant’s request, the application is published in the official gazette and is entitled as “Design Laid – Open Gazette”

    Post publication, a 3 month period opens up from the application date for interested parties to oppose registration.

    In the event there are no oppositions, the application is automatically taken up for substantial examination.

    Post substantial examination regarding novelty, creativity, originality etc., and there arising no discrepancies or flaws, the application proceeds for Registration and Publication in the Design Gazette.

• TYPES OF INDUSTRIAL DESIGN APPLICATIONS KOREA

  • Ordinary application.
    An ordinary application does not claim priority.

    Convention application calming priority .
    A convention application claims priority of an application filed previously in a convention country. (Deadline for claiming priority for a design application in Korea is 6 months from the filing date of the priority application)

• TERM OF INDUSTRIAL DESIGN PROTECTION

  • Design registrations have are protected for a total duration of 20 years

• BENEFITS OF INDUSTRIAL DESIGN REGISTRATION

  • WHY  PROTECT DESIGNS IN KOREA?  Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public.  Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers.  To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.

    BENEFITS OF INDUSTRIAL DESIGN REGISTRATION IN KOREA:  Certain countries that follow cumulative protection of Industrial Designs by Copyright as well as Design laws have the ‘Unity of Art’ principle that needs to be followed meaning, entitlement to  copyright for applied and other art work shall be determined through the same criteria.

    In today’s highly impulse driven and temperament market, industrial designs provide the requisite edge to push products into consumers’ psyche.  Such is he craving for fashionable and well crafted products that looks can often be equally or more important that the products’ functionality itself.

    Registration of Industrial Design Rights becomes a valuable asset which gives the following benefits:

    • A substantial return on interest (ROI) as the popularity of the product is directly proportional to its reproduction and counterfeiting thus enabling swift legal action in preventing copycats and frauds thereby ensuring that the design is not diluted.
    • Infringement of designs can help owners obtain damages and recover costs for the same.
    • Registration of designs can help owners work on bettering their designs through Research and Development (R&D) on bringing out superior industrial designs thus making it harder to knock off or scale up manufacturing by infringers in order to copy the original designs.
    • Registered designs can be sold, licensed, franchised which can all earn royalty.  The same can also be used as a collateral to secure loans.
    • Industrial Designs complement even strengthen Trademarks hence making brand attention, brand association and retention, brand recall and usage much easier and interesting.
• Cost of Registration in KOREA

  • Please write a mail for the cost of registration of Industrial Designs Protection in Korea and under the Hague Convention to the mail address given below:

    contact@paritypatent.com