Source: KIPO
Date: AUG. 10, 2010

The Korean Intellectual Property Office (KIPO, Commissioner: Soo-Won Lee) is planning to adapt global standards for its design protection system by incorporating measures such as introducing the international application and international registration system.

In 2009, Korea ranked third in the number of design filings and also garnered many international design awards. As the country is emerging as a design power in the global market, the concepts of public design, design management and strategic design protection are expanding among Korean companies.

To correspond with such global prestige and the demands of the Korean design field, KIPO is promoting the revision of the design protection acts. The aim of the revision is to transform the current protection system into a global system by introducing the ‘Hague Agreement concerning the International Registration of Industrial Designs' and the Locarno Classification, an international classification for industrial designs by June 2012. KIPO also plans to expand the subject/scope of design protection and improve the multiple design application system.

Previously, when a Korean applicant wished to enter the European market, the applicant had to appoint patent attorneys for each country and prepare multiple applications. Under the Hague system, however, the applicant can choose the countries through the International Bureau of the World Intellectual Property Organization (WIPO) and file a single application for international registration.

To ensure that the domestic design protection act complies with the international application system, KIPO is planning to extend the design protection period to 20 years from the filing date. In addition, the office plans to increase the number of multiple design applications from the current 20 designs to up to 100 designs falling under single class for both articles of substantive examination and non-substantive examination. 
The introduction of the Locarno Classification will allow applicants to file designs such as logotype designs. It will also expand the scope of protection to the potential use of the design. For instance, if a designer files a cup design under the current system, protection will be limited to the current use of the cup. However, under the Locarno classification, the scope of protection will expand to the potential use of the cup that may vary from the current use. 

Once the design system with global standards is in place, the image of Korea as a design power will improve. Also, both foreigners filing for design rights in Korea and Koreans filing for design rights abroad will enjoy the benefits of simplified procedures. Finally, Korea will have built a foundation of design concept-oriented protection similar to that of other design powers.