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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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