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News & Notice
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| New Design Protection Law |
2007-08-23 |
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Amended Design Protection Law has been effective from July 1, 2007.
** Requirement of Minimum Creativity for Unexamined Design Registration (DPA 26) **
The old law provided non-examination registration system for applications for clothing items, bedclothes, office papers, packaging papers, textiles whose lifecycle are relatively short, and vulnerable to fashion trends. The old law allowed a design registration if the basic formality requirements have been met. Thereafter, registered designs under non-examination system may be cancelled through opposition based on lack of novelty and creativity. However, the Revised Act requires minimum creativity for a non-examination design and therefore it shall be rejected at the examination stage if the design can be easily created from a design that is well-known in Korea.
** Extending Time Limit for Requesting Protection of Secrete Design (DPA 13) **
An applicant for design registration may request that the design be kept secret for a period designated in the request not exceeding three years after the registration date. However, under the old law, a request cannot be made after the filing date of a design when it is necessary to keep the design secret due to unforeseeable events such as delay in production. The Revised Act provides that an applicant can request the secrecy protect order during the period from the filing date to the date of actual payment of the registration fee for design registration.
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