| 90
.png "design_eng(1).png") Dear colleagues, We would like to inform you of the key amendments to the Korean Design Protection Act, which was promulgated on May 27, 2025, and will take effect on November 28, 2025. These amendments are expected to strengthen both the protection of design rights and the transparency of the overall registration process. If you have any questions or would like further information, please feel free to contact us. Simplification of Design Application Form 📝 🗂️ Removal of “Key Creative Features of the Design” The requirement to include the “key creative features of the design” in the specification has been eliminated, thereby simplifying the application documentation. Prevention of Abuse by Non-Substantive Right Holders 🚫 📌 Grounds for Refusal in Partial Examination Design Applications In Korea, certain design applications (e.g., for goods in Locarno classes 1, 2, 3, 5, 9, 11, and 19) are subject to a partial examination procedure, under which applications can be registered without substantive examination unless they fall under absolute grounds for refusal (e.g., national flags or emblems) or involve well-known shapes or combinations. Under the amended law, even these partially examined designs may be refused registration if they are clearly lacking novelty or are identical/similar to a prior application. This measure aims to prevent abusive registrations by non-substantive right holders. Enhanced Effectiveness of the Opposition Process 📣 📆 Extension of the Opposition Period In Korea, designs registered under the partial examination scheme may lack substantive eligibility, and thus, a simplified opposition procedure is available to cancel such registrations. Under the amended law, in addition to the standard opposition period of three months from the date of publication, a person who has received a notice of potential infringement may now file an opposition within three months from the date of such notice, even after the initial opposition period has expired. This change enhances the effectiveness of the opposition process. Strengthened Rights of Legitimate Owners ⚖️ 📑 Introduction of Claim for Design Right Transfer Previously, when a design was wrongfully registered by an unauthorized party, the rightful owner had to file for invalidation and then reapply under their own name. With the amendment, rightful owners may now directly petition the court for a transfer of the design right, enabling more efficient enforcement and protection of legitimate rights.
|
|||
| List |
| prev | Key Changes to Korean IP Laws including shorter period for opposition and increase in punitive damages (effective from July 22, 2025) |
|---|---|
| next |
