Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today, we will look at “requirements for establishment of a design and requirements for registration”.
1. Requirements for establishment of a design
1) Materiality: In the Design Protection Act, design protection is limited only to those that meet certain requirements. Design under the Design Protection Act refers to a product that visually creates a sense of aesthetics through the shape, color, or combination thereof. Here, commodity refers to a concrete tangible movable property with independence, and apartments, gardens, fountain shapes, buildings, interiors, etc. are not specific tangible movables, so they are not subject to design protection. Exceptionally, in the case of a prefabricated house, it is recognized as a tangible movable property. In addition, there are cases where it is recognized as an object of protection under the Design Protection Act in order to protect creative efforts even if there is no materiality. Design registration can be obtained when an application is made as a partial design for each part of a composite without materiality as a part of the product. In addition, the font for use in display, recording, and printing is also included in this agenda, so it can be protected by design. Finally, computer graphic user interfaces, icons, graphic images, etc. can be protected under the Design Protection Act as partial designs.
2) Formality: The shape of the product occupying space and the three-dimensional outline that composes the product
3) Visibility: Recognizable with the naked eye
4) Aesthetic: Aesthetic characteristics
2. Design registration requirements
1) Novelty: Design must not have been disclosed to the public prior to filing, and is deemed to have lost its novelty after six months of publication to the general public. However, there are exceptions to the loss of novelty under the Design Protection Act.
2) Creativity: Designs that cannot be easily created due to well-known shapes, forms, colors, or combinations thereof.
3) Industrial applicability: It must be mass-produced by an industrial production method. Works belonging to fine art have no design availability.
4) The first-to-file policy: Only those who have applied for the design first can obtain registration for the design.
3. Rejection of a design
1) Institutional marks such as national emblems, national flags, national flags, badges, etc.
2) Anything that is offensive, vulgar, hateful, or obscene, insulting a specific country or person, etc.
3) Designs that can be confused with other people's work-related items: Designs that express other people's famous service marks, packaging, trademarks, etc.
4) Packaging for a non-profit corporation: A design made with the mark of a non-profit corporation
5) Design with only shapes that are essential for securing product functions: Design with only shapes that show technical functions
Today, we will discuss “requirements for establishment and registration of designs” I found out. Next, we will discuss “the content of the design right”.
*I am a student learning IP, not an IP expert. Translation is also 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”.
댓글