December 12, 2017

Amendments to the design law in South Korea

South Korea modified the Design Protection Act and the amendments thereof came into force as of September 22, 2017.

One of the most applicant-friendly changes is an extension of the novelty grace period for design applications from 6 to 12 months. In addition to that, many designers may benefit from such introduction during the whole time an application is pending.

Besides, the requirements to prove priority claim are easier now. Previously, the applicant should have submitted the drawings substantially identical to the ones in the priority application along with a certified copy of the priority application. Now the applicant is allowed to provide other documents to confirm details of foreign priority. It is expected that the applicants will have a possibility to use the WIPO Digital Access Service, however, more information in this regard is to be provided by the Korean Intellectual Property Office (KIPO).

Meanwhile, the fines in respect of perjury and fraud have been considerably increased. In such a way KIPO promotes the responsible attitude to the IP matters in order to increase applicants’ awareness.

You may find additional information on IPR registration in numerous jurisdictions in our applicant’s guide. To evaluate the cost of registration of various IP types you may use our quotation system or contact us directly.

Author: Lynda Miller