Assemblyman Song Gap-seok's Proposed 'New Technology Image Design Protection Act' Passes National Assembly
[Asia Economy Honam Reporting Headquarters Reporter Yoon Jamin] The 'New Technology Image Design Protection Act (Partial Amendment to the Design Protection Act)', spearheaded by National Assembly member Song Gap-seok (Democratic Party of Korea, Gwangju Seo-gu Gap), passed the National Assembly plenary session on the 24th.
It is regarded as the first legislation in the intellectual property field to support the digital economy.
The main content of the amendment is the establishment of a definition for image design and the regulation of online transmission of image designs as an act of use (implementation), expanding the concept of design use, which was previously recognized only in offline transactions in the market, to include provision over the internet.
According to the 'priority of treaty,' if a design is filed domestically and the same design is filed overseas within six months, the overseas examination is conducted based on the domestic filing date, providing the advantage of securing competitiveness in overseas markets more quickly.
According to the results of the 'Design Protection Status Survey and Impact Prediction Analysis on Expansion of Protection Targets' conducted by the Korean Intellectual Property Office and the Korea Institute of Design Promotion in 2019, 79% of industry professionals active in the field responded that the domestic design protection level is 'inadequate.' Additionally, 93% answered that 'expansion of protection targets is very necessary,' indicating ongoing demands from the industry for digital intellectual property protection.
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Representative Song said, "Under the current Design Protection Act, image designs such as virtual keyboards, smart bracelets, and intelligent car headlights could not be protected as rights," adding, "With the acceleration of the release of design products incorporating new technologies such as augmented reality (AR) and virtual reality (VR), we expect our companies' industrial competitiveness to be further strengthened."
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