Industrial Designs Law in South Korea
Here’s a detailed overview of Industrial Designs Law in South Korea:
🔹 Legal Framework
Primary Legislation:
Industrial designs in South Korea are governed by the Design Protection Act (DPA), enacted in 1961 and continuously updated.
Administered by the Korean Intellectual Property Office (KIPO).
International Agreements:
South Korea is a member of:
The Paris Convention for the Protection of Industrial Property
The World Intellectual Property Organization (WIPO)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The Hague Agreement Concerning the International Registration of Industrial Designs
This allows international design registration via the Hague System designating South Korea.
🔹 What Can Be Protected
A design means the shape, pattern, color, or combination thereof of an article that creates an aesthetic impression.
The design must be:
New (not publicly known or used anywhere in the world before filing).
Have creativity — i.e., possess originality and distinguishability from prior designs.
Designs that are solely dictated by function are excluded.
🔹 Registration Process
Application:
Filed with KIPO.
Must include:
Application form.
Images or drawings clearly showing the design.
Payment of fees.
Examination:
KIPO conducts both formal and substantive examination, checking for novelty, creativity, and compliance.
The process may take several months to a year.
Publication:
Once registered, the design is published in the official gazette.
Duration:
Protection is granted for an initial period of 15 years from the filing date.
No renewal beyond 15 years.
🔹 Rights and Enforcement
The design owner has the exclusive right to manufacture, use, assign, or license the design.
Infringement remedies include injunctions, damages, and destruction of infringing articles.
Enforcement is through South Korean courts and the Korean Customs Service can assist in border control measures.
🔹 Unregistered Designs
South Korea provides limited protection for unregistered designs under unfair competition law, but full protection requires registration.
RELATED Blog
0 comments