KIPO "Design 'Copying' Crackdown and Design Protection Act Amendment"

The Korean Intellectual Property Office (KIPO) is strengthening its functions to protect rightful rights holders by cracking down on design copying.

KIPO announced on the 29th that it will amend the Design Protection Act with this purpose and implement the changes starting from the 21st of next month.

The amendments target ▲related designs ▲exceptions to loss of novelty ▲priority claims.

Related designs refer to a system where “a design similar to one’s own prior design is not rejected for violation of the Design Protection Act and can be registered.” With the amendment, KIPO plans to extend the period during which related design applications can be filed from 1 year to 3 years, helping companies build their brand and image, and strengthening the protection of competitive designs.

The exception to loss of novelty is a system where “a design disclosed before application may be rejected for registration on the grounds of loss of novelty, but an exception allows registration for one’s own design disclosed more than one year prior.” Previously, the timing for applying for one’s own design was limited, which restricted the ability to claim this exception in case of disputes.

However, with the amendment, procedural provisions regulating the timing and deadline for submitting documents related to the exception to loss of novelty will be removed, allowing rights holders to flexibly apply this exception, KIPO explained.

Priority claim is a system where “if a design is first applied for in country A, and the same design is applied for in country B within 6 months, the application in country B is considered to have been filed on the date of the application in country A.”

KIPO plans to improve regulations to protect rights holders by granting an additional 2-month period for priority claims in cases where the 6-month period cannot be met due to legitimate reasons such as hospitalization from chronic illness or system errors, and by establishing additional procedures for priority claims.

A KIPO official said, “We hope that the amendment to the Design Protection Act will contribute to corporate innovation and competitiveness, harmonize with major countries’ legal systems, and strengthen the function of protecting rightful rights holders.”

This content was produced with the assistance of AI translation services.