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Industrial design registration in South Korea

Posted on by top ipfirm5
Industrial design registration in South Korea
10
Jul

Registration of industrial designs in South Korea – Every company that owns an industrial design and intends to expand its business in the market in South Korea should use the intellectual property system of South Korea. It is paramount for businesses to file an industrial design application in South Korea for industrial designs, even if the launch of the respective product on the market in South Korea has not yet commenced. 

Requirements for industrial design registration application in South Korea

Within six months after the priority date, an industrial design application can be filed claiming priority. The restoration of this term is not possible.

The official language when registering an industrial design at the South Korea Intellectual Property Office is Korean. 

The following information and documents need to be provided in the application for registration of an industrial design in South Korea: 

  • name, address, and nationality of the applicant, business address; 
  • class number according to the Locarno Classification;
  • filing date;
  • representation of the design;
  • title of the designs;
  • representation of the object of the design;
  • drawing of the designs.

If priority is requested, a copy of the priority document should be translated into Korean and submitted to the IP office within 3 months of the filing of the design application. 

The Republic of Korea trademark application should be filed together with a scanned copy of the original Power of Attorney. This document can be submitted later with the late submission fees. No official legalization is required.

Examination of an industrial design application in South Korea

The Substantive Examination System (SES) and the Non-Substantive Examination System (NSES) are two distinctive hybrid examination systems adopted by Korea. According to the provision in the Design Act’s enforcement regulations, whether a design application is to be registered through SES or NSES depends on the nature of the product of the design. As a result, the applicant cannot choose SES or NSES for the registration of his design application. A design application does not need a request for examination.

Validity period and renewal of industrial designs in South Korea

The renewal period for the novelty of an industrial design in South Korea is 12 months before the filing date for the priority date if the design was disclosed by the designer or on behalf of the designer. 

A Korean industrial design is valid for twenty years from the filing date. The registration fee for an industrial design in South Korea includes payment for the first three years and must be paid within three months of receiving the Notice of Allowance. Before the anniversary of the registration date, the additional annuities are due. The late payment with the fee has a grace period of six months.

Represented by an industrial design registration attorney 

An international applicant for an industrial design registration in South Korea should perform an industrial design search in South Korea through a law firm, or an industrial design attorney.