1. According to the Design Protection Act
can a design right holder who is not ready to implement a unique system not disclose the registered design? The design is easy to imitate, fashionable, has a narrow scope of rights, and has a short life cycle. For this reason, the Design Protection Act has a secret design system to protect design rights holders who are not ready for implementation. This is a system that allows the design to be kept secret for 3 years from the date of registration.
Exceptional reasons for perusal of confidential designs include a request for perusal by a person who has obtained the consent of the holder of the design right, a request for perusal by a person who has vindicated the fact that he has received a warning of design right infringement, and a request for perusal by a court or a patent tribunal. Exceptional perusal of the secret design is possible when a party or an intervenor in an examination of a design identical to or similar to the secret design, an objection to the registration of partial examination of the design, a trial, retrial, or a party or an intervenor requests for perusal. However, a person who intends to implement the secret design cannot request for perusal.
1) Related design system
- In the case of a design (hereinafter referred to as a related design) similar to the registered design or the design for which the design right holder or the applicant for design registration has applied for design registration (hereinafter referred to as the basic design), the design must be made within one year from the date of application for design registration of the basic design
2) Partial design application system
A system that permits registration by examining whether an application for design registration meets only some of the requirements for design registration
3) Multiple design registration application system
- A person who intends to file an application for design registration shall apply for one design within 100 designs for goods belonging to the same product category in the classification of goods prescribed by Ordinance of the Ministry of Trade, Industry and Energy, despite the design registration application system.
4) Single product design system
- In case of two or more products are used as a set at the same time, if the design of one set of products is uniform as a whole, one design is used.
5) Confidential design system
Applicant for design registration to request that the design be kept confidential for a period of up to three years from the date of establishment and registration of the design right
* I am a student learning IP, not an IP expert. Translation is also Google Translator and my poor English skills. I would like to convey about IP from the point of view of a person learning IP. I hope it will help others in a similar situation to mine.
* The above is what I saw and learned in Professor Koo's intellectual property lecture. “https://cb.ipacademy.net/main.do”. It is accessible via You may not be able to view without logging in
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