By Taeyoung Lee, LNB Law Firm
In the bustling world of intellectual property (IP) rights, securing protection for your designs is paramount. South Korea, renowned for its innovation and design prowess, offers a robust system for design registration. This article serves as a comprehensive guide to navigating the intricacies of the design registration process in South Korea.
Contents
1. What Can be Registered as a Design in South Korea?
2. Reasons for Refusal of a Design Application in South Korea
3. The Design Registration Process in South Korea
4. Documents Required for Design Registration in South Korea
5. Design Opposition Process in South Korea
6. Design Costs in South Korea
7. Why File a Design in South Korea?
1. What Can be Registered as a Design in South Korea?
In South Korea, a design refers to the “shape, pattern, color, or combination thereof” that creates an aesthetic impression. This can encompass a wide array of products, from industrial designs to graphical user interfaces, as long as they meet the criteria of novelty and distinctiveness. Designs that are primarily functional may not be eligible for registration.
2. Reasons for Refusal of a Design Application in South Korea
While the scope of what constitutes a registrable design is broad, there are certain grounds for refusal. Common reasons include lack of novelty, lack of distinctiveness, or if the design is deemed contrary to public order or morality. Designs that are identical or similar to prior registrations may also be rejected.
3. The Design Registration Process in South Korea
The design registration process in South Korea follows a structured path:
Step 1: Application Submission
The process begins with the submission of an application to the Korean Intellectual Property Office (KIPO). The application must include:
- Application form: Detailing information about the applicant, creator, and the design itself.
- Drawings or photographs of the design: Clearly illustrating the features and characteristics of the design.
- Statement of novelty and distinctiveness: Affirming the uniqueness and aesthetic appeal of the design.
Step 2: Examination
Upon receipt of the application, the KIPO conducts an examination to determine the eligibility of the design for registration. The examiner fully examines all grounds for rejection as to the examination design application.
Also check how to register a trademark in South Korea.
During the examination process, examiners may request additional information or amendments to address any deficiencies identified. Applicants are typically given an opportunity to respond to examination reports and make necessary revisions to the application.
In principle, the design application will be published at the time of registration. Exceptionally, the design application can be published during the examination stage when the applicant submits a request for early publication.
Step 4: Registration, Opposition, and Invalidation
If no grounds for rejection are found, the KIPO issues a certificate of registration, granting the owner exclusive rights to the design for a specified duration, typically 20 years from the date of filing.
4. Documents Required for Design Registration in South Korea
In addition to the application form, drawings or photographs, and statement of novelty and distinctiveness, applicants may be required to provide:
- Priority documents: If claiming priority rights based on an earlier application.
- Assignment documents: If the applicant is not the original creator of the design.
5. Design Opposition Process in South Korea
As for the partial-examination design application, third parties have an opportunity to oppose the registration within 3 months from the publication date of the registered design. If the period of 3 months expires, third parties can request an appeal for invalidation of the design. Grounds for opposition typically include prior rights or lack of novelty. The opposition process involves submissions and arguments from both parties, with the KIPO rendering a decision based on the merits of the case.
If an opposition is successful, the design registration may be revoked or invalidated. Conversely, if the opposition fails, the design registration proceeds to grant, and the opposing party may have the option to appeal the decision.
Regarding the examination design application, third parties have no opportunity for opposition and should request an appeal for invalidation of the registered design.
6. Design Costs in South Korea
The costs associated with design registration in South Korea vary depending on factors such as the complexity of the design and professional assistance sought.
| Professional fee for one design | $600 |
| Professional fee per additional design (in case of a multiple-design application) | $480 |
| Government fee for one design | 94,000 KRW (examination application) 45,000 KRW (partial-examination application) |
| Government fee per additional design (in case of a multiple-design application) | 94,000 KRW (examination application) 45,000 KRW (partial-examination application) |
The design registration cost in South Korea via the iPNOTE platform starts from as low as $668, which includes all government fees and document preparation. Find the best IP attorney in South Korea on iPNOTE
7. Why File a Design in South Korea?
Filing a design in South Korea offers numerous advantages. With its strong IP protection framework, registered designs enjoy exclusive rights, deterring unauthorized use or imitation. South Korea’s strategic location as a hub for innovation and manufacturing further enhances the value of design registration, facilitating market access and commercialization opportunities.
Additionally, South Korea is a signatory to international agreements such as the Hague Agreement Concerning the International Registration of Industrial Designs, which provides a streamlined process for securing design protection in multiple jurisdictions. This enables applicants to extend the reach of their design rights beyond South Korea and into global markets with greater efficiency and convenience.
8. Conclusion
Registering a design in South Korea is a prudent step for creators and businesses seeking to safeguard their intellectual assets. With a well-defined registration process, robust legal framework, and strategic advantages, South Korea offers an attractive destination for design protection. By understanding the intricacies of the registration process and leveraging the expertise of professionals, individuals and enterprises can effectively navigate the landscape of design registration in South Korea and secure their rightful place in the realm of intellectual property.
Any questions about IP matters in South Korea? Contact LNB Law Firm via iPNOTE now.
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