Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will take a look at the “unique system under the Design Protection Act”.
1. Combination of examination and no-examination policies
The Design Protection Act combines examination and no-examination, which examines only certain requirements. In 2010, in order to combine the Locarno classification with the Korean classification, reflecting the industry demand and the trend of each country, the number of unexamined items was increased to 10 major categories.
2. Similar Design System
The Design Protection Act relates to the appearance of products and is easy to come up with a product that avoids all claims of a design. Therefore, a similar design system exists that can broaden the scope of the rights of the Design Protection Act. A similar design right is merged with the basic design right, but it is independently subject to a request for a trial for invalidation, and even if it is invalidated, it does not affect the basic design right.
3. One-piece product system
If two or more products provide unity as a whole, it is possible to register all products as a single design.
4. Secret design system
Designs have the disadvantage that it is easy to imitate. Therefore, under the Design Protection Act, it is possible to request that the contents of a design application not be disclosed to a third party by setting a period of up to three years from the date of registration.
5. Multiple Design Registration Application System
There are cases where multiple similar designs are created with the same theme. At this time, to solve the inconvenience of applying for each similar design, a multiple design registration application system is in place. 1 design registration application is limited to 20 or less similar designs.
6. Dynamic design system
Dynamic design is defined as a design in which the point of design creation is based on the special function of the product itself. Its shape should change and the change can be detected through the eyes, and the change must be outside the range that can be easily predicted.
7. Partial design policy
A design that expresses the shape of a part of a product is defined as a partial design. This partial design protection prevents third parties from imitating only certain parts of the product in advance. At the time of filing, it must be specified that the application is for a partial design, and the part to be registered must be clearly indicated in the drawing.
Today, we learned about the “unique system under the Design Protection Act”. Next, we will discuss “Literary works”.
*I am a student learning IP, not an IP expert. Translation is also a translator and my short 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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