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Property
Office ("KIPO"). Under the Korean Design Act,
a design is defined as a shape, pattern or color, or their
combination, which produces an aesthetic impression on the
sense of sight. A design must be industrially applicable,
novel and non-obvious.
Requirements for drawings for a design application are very
complicated under KIPO's examination practice. We provide
services in preparing and filing design applications for
registration, including preparing drawings which conform
to the strict requirements of KIPO. In addition, we provide
services for conducting design search, paying annuities,
preparing and filing written argument and appeals, combating
infringement of design rights & litigation.
Recognition of A Partial Design
A design registration for a part of an article, e.g., the
handle of a cup or the neck of a bottle, is allowed, and
thus, one can legally receive design protection against
unauthorized copying for even a part of an article. You
should pay special attention to the fact that the design
application for a part of an article must be filed prior
to or on the same date of filing a design application pertaining
to any independent article containing such a part if the
protection of both designs for the part and for the entire
article are desired. Failure to comply with this requirement
will subject the design application for a part of an article
to rejection even if it is filed by the same person.
Non- Substantive Examination in respect of shorter- life-cycle
design
A shorter-life-cycle design, such as a fabric design, label
design, container design, etc. has been allowed registration
without substantive examination since March 1, 1998. However,
there has been criticism over undue registration of a design
and exercise of its right. Even a design application for
a non-substantive examination is subject to examination
at least in terms of its industrial applicability and whether
it meets the requirement for subject of design registration
although it is not subject to examination in terms of novelty
or inventive step.
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