A common misconception is that infringement of a registered design can be avoided through minor changes. But this could not be farther from the truth.

Design rights are more powerful than you might think: they guarantee exclusive use not only of a registered design but also designs similar to it. Infringement and criminal charges can be brought against outright copies and substantially similar designs, which grants the holder of a design right a substantial advantage in the market.

For example, if a design right assignee discovers a product identical or similar to the registered design in the e-commerce market, the assignee has the right to demand removal of the posting in question. If similarity of design between the reported product and registered design is acknowledged, the posting must be removed and the infringing product may no longer be sold. While judging patent infringement requires technological analysis, similarity of designs is easier to determine, allowing for immediate action to be taken.

The scope of partial design examination has
recently been expanded.

As of December 2020, an additional four categories (food products, packing containers, gems and bags) have been added to the previously established three categories (garments, woven fabrics and stationeries) of products that can be registered without novelty examination.

With expedited examination under the partial examination scheme, provided that the application paperwork is complete, a design can be registered within a month. Filing of a design application is recommended for newly designed products, especially if the product is subject to partial design examination. Whether or not an enterprise holds designs rights to a product has a substantial impact on corporate activities in the market, and once a design right is registered, invalidation is difficult.

This is why powerful
design rights are essential.

In patents, claims are what ensure bulletproof rights. Similarly, drawings are crucial for designs.

Elements for which protection is sought must be analyzed precisely before filing, and the drawings must express these elements accurately.

Taking advantage of various design-specific institutions - partial designs, related designs, multiple designs and secret designs, for example - is also key.

In particular, if a client seeks the overseas protection of design rights, consulting a patent attorney is essential when making the domestic application, as this serves as the foundation of the applications filed overseas.

But patent attorneys specializing
 in design affairs are
few and far between.

At BLT, design cases are handled by design-specialist patent attorneys with vast experience in domestic and overseas design rights management spanning automobiles, smart phones, speakers, home appliances, clothing, furniture and cosmetics. For consulting on design rights protection and design dispute response in Korea, contact BLT.

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consultant will
contact you.

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