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Revision of Korean Design Law



 

1. Protection of Typefaces
  • Typefaces may be registered.
  • NOTE: It is required to file special drawings for a Typeface Application. (Examples)

2. Reinforcement of creativeness registration requirement.

  • Where a design could easily have been created on the basis of a combination of publicly known designs in Korea or a foreign country, a design registration shall not be granted.

3. An applicant requesting the Registration of an Unexamined Design may request the laying open of his Application.

  • An applicant requesting the Registration of an Unexamined Design, as well as an applicant requesting the Registration of an Examined Design, may request the laying open of their application.

4. Conversion system of an Application is absorbed into the Amendment System.

  • Conversion of a design application into another design application can be done by the submission of an amendment.

5. Expansion of examination range of an Unexamined design

  • Where any person provides the KIPO with information about an Unexamined Design that shows the design should not be registered by the reason of Substantial Registration Requirement, the examiner may decide to refuse the Application of an Unexamined Design.

6. Requirement of Injunction against infringement of a Secret Design

  • The owner of a Secret Design may request the court to issue an order against a person infringing his right after a warning is given to the third party.

7. Recovery of an Extinguished Design Right

  • If the owner of a design right is working on a design AFTER it has been extinguished by reason of Non Payment of the Registration Fee, the Patent right can be recovered with the payment of triple the original registration fee..