Efforts to replicate the designs of popular original products are about to encounter increased difficulty. (Image courtesy of KIPO)
DAEJEON, Nov. 30 (Korea Bizwire) – Efforts to replicate the designs of popular original products are about to encounter increased difficulty, with the Korean Intellectual Property Office (KIPO) revealing plans to extend the timeframe for submitting applications for related designs from one to three years.
As announced by the KIPO on Wednesday, the amendment to the Design Protection Act aims to safeguard the rights of design holders by easing the prerequisites for asserting priority over their designs, with the change scheduled to be implemented on December 21.
A related design system allows a design resembling a prior one to be registered without facing rejection for violating the Design Protection Act.
Under the new amendment, the KIPO intends to prolong the application period for related designs from one year to three years. This extension is anticipated to play a crucial role in fortifying corporate brands and images, as well as enhancing the protection of competitive designs.
Before the amendment, companies faced limitations in expanding the scope of their design rights and preventing imitation and infringement over time. After introducing a product, if the market response was positive, companies would continue developing and selling subsequent products with slight design variations. However, the period for applying for the subsequent product design as a related design was restricted to one year from the date of the initial design application.
This constraint hindered the ability of innovative design companies to effectively safeguard their designs and deter imitation and infringement in the long run.
An official from the KIPO stated, “By extending the period for filing related designs, we aim to protect companies’ distinctive designs and contribute to strengthening corporate innovation and competitiveness.”
Ashley Song (ashley@koreabizwire.com)
