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| IP Newsletter | Summer/Fall 2014 | |
1. Governing Act
Korea is a member of the 1999 Geneva Act of the Hague Agreement, so the 1999 Geneva Act applies to any Korean designation.
2. Priority Claim
If priority based on the Paris Convention is claimed, priority documents must be submitted to the Korean Intellectual Property Office ("KIPO"), within three months from the publication of the international registration on the WIPO website, or else the priority claim will be nullified.
3. Designated Products
Korea has generally adopted the Locarno classification system, but not all of the specific products in the Locarno classification system are recognized in Korea. For instance, symbols, logos, and interior designs are not eligible for design protection in Korea. Because KIPO is generally very strict when reviewing designated products, these should be carefully reviewed on any application with a Korean designation.
4. Drawings/Photographs
There are no specific regulations in Korea as to how drawings must be prepared or how many drawings must be submitted. However, KIPO generally requires that the submitted drawings clearly depict the claimed design, and is often quite picky about the quality of the drawings, with examiners in many cases requesting additional drawings during examination. As a result, it is usually advisable to submit drawings containing at least one perspective view and at least six directional views (i.e., top, bottom, left, right, front, and rear views) to ensure that the drawings are approved. Further, under Korean design practice, any shading lines should be deleted, as the examiner may confuse such lines with those representing the shape of the design article.
5. Filing Requirements
Beyond the standard international application, Korea requires that certain additional information be submitted when filing. For example, an application designating Korea must indicate the identity of the creator of the industrial design. Further, a brief description of the characteristic features of the industrial design must be included in the application.
6. Deferment of Publication
For international applications, it is possible to request that publication be deferred until 30 months from the date of the international registration. However, for local (non-international) applications, it is possible to request that the design be kept confidential for up to three years from the registration date of the design, so a local application may be preferable if long-term confidentiality is desired.
7. Office Actions
Korea has two types of examination systems (substantive or non-substantive), depending on the products involved. Products that fall within classes 2, 5, and 19 are subject to non-substantive examination, in which case an office action may be issued within 6 months from the publication date of the international registration. For other products, which are subject to substantive examination, an office action may issue within 12 months.
8. Licenses
License recordation is possible only through KIPO. In Korea, an exclusive license becomes effective/enforceable only after it is registered with KIPO.
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Sung-Nam KIM snkim@ip.kimchang.com |
Inchan Andrew KWON ickwon@ip.kimchang.com |