Government Agency

The Purpose of the Design Law

The Term of a Design Right
The term of the design right shall be fifteen years counted from the date of its registration; however the term of the right of similar design shall expire when the term of the principal design right has expired.



Definition
A “design” means the shape, pattern, color or combination thereof in an article which produces an aesthetic visual impression.
Design consists of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

The Unique System under the Korean Design Law

Non-examination of design
Non-examination of design which took effects as of March 1, 1998 is the system to protect articles with short commercial life cycles. It means that a design is granted after the application therefor is examined for a part of requisites for registration, such as whether it complies with the necessary formalities and whether the design is liable to contravene pubic order or morality. It usually takes 4 months to the registration.

Design of a Set of Articles
In the case that articles of two or more kinds are customarily sold and used as a set of articles, a design of the set of articles may be applied for registration of a one design, provided that the set of articles has unity as a whole. There are 31 articles whose designs could be filed as a set of articles, including a set of coffee cup and a set of audio cassette.

Similar Design
The owner of a design right or an applicant for a design registration may have a right to obtain registration of a design which is similar only to his registered design or to a design he has applied for only as a similar design.

Secret Design
An applicant for a design registration may demand that the design be kept secret for a period which shall be designated in the demand and shall not exceed three years from the date on which the establishment of the design right was registered; secrecy for designs of multiple design application shall be demanded for all of designs applied for.

Design on a screen

Flow Chart of The Trademark Application Process

(1) First-to-File Rule
Where two or more design applications relating to the same or a similar design are filed on different dates, only the first applicant may obtain a design registration therefor.

(2) Requirements for filing design application
In order to file a design application in Korea, the following information and documents are required:
a. Name(s), address(es) and nationality of the applicant and the inventor(s);
b. Drawings or photos of six directional views and a perspective view of the article;
c. Original executed Power of Attorney signed by the applicant, or a representative if the applicant is a legal entity; and
d. A certified copy of the priority document, (if claimed.)

Laying Open of Application
An applicant of design examination application may request the laying open of his or her application. Where the request for the laying open of application is made, the design application shall be laid open in the Design Gazette.

Examination by Examiner
The Commissioner of the Industrial Property Office shall cause an examiner to examine applications for design registration.

Notification of Reasons for Rejection
The examiner shall, when he intends to render a decision of rejection, notify the applicant of the reasons of rejection and give him an opportunity to submit his arguments, designating a time limit for such submission.

Decision of Rejection of Design Registration
The examiner shall make a decision that a design registration application is to be rejected when the applicant could not overcome the reasons for rejection.

Decision of Registration
Where no grounds for rejecting a design registration application are established, the examiner shall make a decision that the design is to be registered.

Payment of Registration fee
A person who desires a registration of establishment of a design right or an owner of a design right shall pay design registration fees. The person who desires a registration of establishment of a design right or the owner of a design right may pay registration fees within six months from the expiration of the time limit for paying registration fees. In the case of late payment of a registration fee, an amount equivalent to twice the fees to be paid shall be paid.

Damages
Where the owner of a design right or an exclusive licensee claims, from a person who has intentionally or negligently infringed the design right or exclusive license, compensation for damage caused to him by the infringement.

Restoration of Business Reputation of Owner of Design Right
Upon request of the owner of a design right or the exclusive licensee, a court may order a person who has injured the business reputation of the owner of the design right or the exclusive licensee by intentional or negligent infringement of the design right or the exclusive license to take necessary measures to recover the business reputation of the owner of the design right or the exclusive licensee.

Criminal Penalties
Any person who infringes a design right or an exclusive license shall be subject to imprisonment for not more than seven years or by a fine not exceeding one hundred million Won.