Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will look at the “overseas design application system”.
1. Specific route of overseas design application
Overseas design application is 1) filed individually for each country based on the Paris Treaty, 2) applied to multiple countries at once based on the International Cooperation Association (PCT), and 3) applied to the European Community design. However, Korea does not recognize overseas design applications under PCT.
1) Application in individual countries: Individual applications are filed within 6 months of filing in Korea using the priority system. The priority system refers to a system in which if a design application is filed to an allied country within six months, the filing date is retroactive to the domestic filing date.
2) European Community Design Application: Office for Harmonization in the International Market, that is, a design application filed to the European Community Design Office called OHIM can acquire design rights for all EU member states at once.
2. Considerations related to overseas design application
Design rights also play a role in forming a brand in addition to technical aspects, so there are many parts that conflict with trademark rights and copyrights. For this reason, design rights are sometimes regulated by a separate legal system for design rights, and there are large differences in practice by country.
1) As a patent? As a separate right?
Korea, Japan, and Europe consider the design right as a separate right from a patent, while the United States and China consider it as a type of patent rights.
2) Whether or not there is an examination
The US and Japan review and register the substantive requirements, while China and Europe register only after a very simple and formal procedure.
3) What level of design protection do you have?
Japan and the United States set aesthetics as a requirement for protection, and in Europe, protection is provided if there is a simple difference in the design of a public notice.
4) Should protection be limited to the packaged items?
Each country has different practices. In some countries, protection is provided even when applied to other products if the appearance is the same, while in other countries, protection is provided only for specific products described in the application.
5) For which items will the design be protected?
Most countries agree that the design of industrial products is protected by law. However, buildings and interior designs are protected in the United States and Europe, but not in Korea and Japan.
6) How will the goods be classified?
In Korea and Japan, detailed and specific product names are listed in the classification and selected from them. In the United States, the types of goods are divided into large/medium classification, and the classification codes are determined in such a way that the sub-categories depend on the type of goods.
Today, we learned about the “overseas design application system”. Next, we will discuss the “overseas trademark application system”.
*I am a student learning IP, not an IP expert. Translation is also by Google translator and my insufficient English skills. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”.
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