The Korean market is currently witnessing a significant surge in interest in fine jewelry. The sharp growth of the watch and jewelry sectors in department stores, coupled with the launch of global Maisons in Seoul, demonstrates that the Korean market is moving beyond simple consumption to shape the national conversation surrounding these 'brand icons'. It is a fascinating phenomenon that even Van Cleef & Arpels, once familiar but not widely mainstream, has recently made headlines due to a specific political issue, leading to heightened public interest that extends beyond the jewelry market itself.
Figure 1. Van Cleef & Arpels necklace that has gained public attention due to a political issue
This surge in the jewelry market is unfortunately accompanied by a deepening problem of design copying. When a new piece of jewelry from a renowned brand is launched, the market is quickly flooded with imitations of similar designs. Moreover, blatant copying of similar designs by other brands is commonplace. Consequently, global jewelry brands that are increasing their presence and recognition in the Korean market are devoting considerable effort to securing design rights to protect their core jewelry designs. This article will examine effective jewelry design right strategies through a detailed look at the Korean design registration cases of prominent jewelry brands.
1. Tiffany & Co.: A Design Portfolio Strategy Encompassing Design Variations
Figure 2. Tiffany & Co.'s packaging box in its signature color
The American luxury jewelry brand, 'Tiffany & Co.', which enjoys immense popularity for its wedding bands among newlyweds, thoroughly protects the various variations of its core jewelry line, 'Tiffany T', through design registration. For instance, the 'Tiffany T1 Ring', one of its representative products, is protected by design rights in South Korea.
Figure 3. Tiffany & Co.'s Rose Gold T1 Ring
Tiffany & Co. has secured individual design rights not only for the basic T1 design without diamond settings but also for numerous variations where the diamond setting pattern differs. By obtaining separate design rights for various forms that are susceptible to copying—such as the design with pavé-set diamonds on the upper surface and the design without diamonds—the brand is minimizing the risk of infringement.
Figure 4. Design right portfolio for Tiffany & Co.'s T1 Ring
Figure 5. Individual design right cases based on diamond setting patterns of Tiffany & Co.'s T1 Ring
Although a design right protects not only the identical shape but also its scope of similarity, this scope is often difficult to ascertain clearly and can only be determined through litigation. Furthermore, the recognized level of similarity can fluctuate due to various factors, including the extent to which similar designs already exist in the public domain. Therefore, to ensure robust protection for jewelry designs that can be copied in diverse forms, it is highly advisable to secure rights for each design variation individually.
2. TASAKI: A Sophisticated Design Right Strategy Utilizing Partial Design Registration
Figure 6. TASAKI, a Japanese jewelry brand famous for its pearl jewelry products
TASAKI, the Japanese high-end jewelry brand specializing in pearls, also secures rights for various design variations, similar to Tiffany & Co. For its signature 'Balance' collection, TASAKI has secured design rights for each form, such as 'Balance Signature,' 'Balance Neo,' and 'Balance Plus,' which vary according to the number of pearls. Moreover, the brand has established a robust protective network by also securing individual design rights for designs incorporating diamonds instead of pearls, and designs including pavé settings (a method of closely setting small gems to cover the surface).
Figure 7. Design right portfolio for TASAKI's Balance line
Crucially, TASAKI actively utilizes partial design registration to protect its jewelry designs. In cases where the loop shape of the ring itself is the essential characteristic of the design, and the setting of pearls or diamonds is subject to various modifications, TASAKI registers the design right by outlining the essential loop shape with solid lines and rendering the variable parts with dotted lines. This approach allows them to effectively defend against attempts to circumvent infringement by merely copying the loop shape while altering the setting.
Figure 8. Case of TASAKI's ring design right registered as a partial design right
The utility of partial design registration can also be clearly understood through TASAKI's Registration Number 30-1038613 design right. This design right secures protection by marking only the essential features of the earring with solid lines, while the variable ear post or setting parts are rendered in dotted lines. This preemptively prevents attempts by third parties to evade design right infringement by merely changing the pearl setting or modifying the shape of the ear post, which is generally not a critical feature of the overall earring design.
Figure 9. Case of TASAKI's earring partial design right (Registration No. 30-1038613)
As demonstrated by the cases examined, by securing individual rights for the various design forms that are brought to market, building a comprehensive design right portfolio, and utilizing partial design registration to prevent the emergence of copycat variations not yet directly designed, the jewelry design, the product of a designer’s long consideration and passion, as well as the brand's identity, can be thoroughly protected. We sincerely hope that the outstanding designs of Korea’s talented emerging jewelry designers will be well-protected by design rights from the outset, enabling them to grow into global brands.
Karl Taekyun Chung
Partner Patent Attorney at BLT Patent & Law Firm: www.en.blt.kr
#luxury #jewelry #luxuryjewelry #highjewelry #tiffanyandco #tasaki #vancleef #vancleefarpels #brandprotection #jewelrybrand #jewelrydesign #ipstrategy #anticounterfeiting #luxuryfake #designrights #intellectualproperty #patentlawfirm #patentattorney
The Korean market is currently witnessing a significant surge in interest in fine jewelry. The sharp growth of the watch and jewelry sectors in department stores, coupled with the launch of global Maisons in Seoul, demonstrates that the Korean market is moving beyond simple consumption to shape the national conversation surrounding these 'brand icons'. It is a fascinating phenomenon that even Van Cleef & Arpels, once familiar but not widely mainstream, has recently made headlines due to a specific political issue, leading to heightened public interest that extends beyond the jewelry market itself.
Figure 1. Van Cleef & Arpels necklace that has gained public attention due to a political issue
This surge in the jewelry market is unfortunately accompanied by a deepening problem of design copying. When a new piece of jewelry from a renowned brand is launched, the market is quickly flooded with imitations of similar designs. Moreover, blatant copying of similar designs by other brands is commonplace. Consequently, global jewelry brands that are increasing their presence and recognition in the Korean market are devoting considerable effort to securing design rights to protect their core jewelry designs. This article will examine effective jewelry design right strategies through a detailed look at the Korean design registration cases of prominent jewelry brands.
1. Tiffany & Co.: A Design Portfolio Strategy Encompassing Design Variations
Figure 2. Tiffany & Co.'s packaging box in its signature color
The American luxury jewelry brand, 'Tiffany & Co.', which enjoys immense popularity for its wedding bands among newlyweds, thoroughly protects the various variations of its core jewelry line, 'Tiffany T', through design registration. For instance, the 'Tiffany T1 Ring', one of its representative products, is protected by design rights in South Korea.
Figure 3. Tiffany & Co.'s Rose Gold T1 Ring
Tiffany & Co. has secured individual design rights not only for the basic T1 design without diamond settings but also for numerous variations where the diamond setting pattern differs. By obtaining separate design rights for various forms that are susceptible to copying—such as the design with pavé-set diamonds on the upper surface and the design without diamonds—the brand is minimizing the risk of infringement.
Figure 4. Design right portfolio for Tiffany & Co.'s T1 Ring
Figure 5. Individual design right cases based on diamond setting patterns of Tiffany & Co.'s T1 Ring
Although a design right protects not only the identical shape but also its scope of similarity, this scope is often difficult to ascertain clearly and can only be determined through litigation. Furthermore, the recognized level of similarity can fluctuate due to various factors, including the extent to which similar designs already exist in the public domain. Therefore, to ensure robust protection for jewelry designs that can be copied in diverse forms, it is highly advisable to secure rights for each design variation individually.
2. TASAKI: A Sophisticated Design Right Strategy Utilizing Partial Design Registration
Figure 6. TASAKI, a Japanese jewelry brand famous for its pearl jewelry products
TASAKI, the Japanese high-end jewelry brand specializing in pearls, also secures rights for various design variations, similar to Tiffany & Co. For its signature 'Balance' collection, TASAKI has secured design rights for each form, such as 'Balance Signature,' 'Balance Neo,' and 'Balance Plus,' which vary according to the number of pearls. Moreover, the brand has established a robust protective network by also securing individual design rights for designs incorporating diamonds instead of pearls, and designs including pavé settings (a method of closely setting small gems to cover the surface).
Figure 7. Design right portfolio for TASAKI's Balance line
Crucially, TASAKI actively utilizes partial design registration to protect its jewelry designs. In cases where the loop shape of the ring itself is the essential characteristic of the design, and the setting of pearls or diamonds is subject to various modifications, TASAKI registers the design right by outlining the essential loop shape with solid lines and rendering the variable parts with dotted lines. This approach allows them to effectively defend against attempts to circumvent infringement by merely copying the loop shape while altering the setting.
Figure 8. Case of TASAKI's ring design right registered as a partial design right
The utility of partial design registration can also be clearly understood through TASAKI's Registration Number 30-1038613 design right. This design right secures protection by marking only the essential features of the earring with solid lines, while the variable ear post or setting parts are rendered in dotted lines. This preemptively prevents attempts by third parties to evade design right infringement by merely changing the pearl setting or modifying the shape of the ear post, which is generally not a critical feature of the overall earring design.
Figure 9. Case of TASAKI's earring partial design right (Registration No. 30-1038613)
As demonstrated by the cases examined, by securing individual rights for the various design forms that are brought to market, building a comprehensive design right portfolio, and utilizing partial design registration to prevent the emergence of copycat variations not yet directly designed, the jewelry design, the product of a designer’s long consideration and passion, as well as the brand's identity, can be thoroughly protected. We sincerely hope that the outstanding designs of Korea’s talented emerging jewelry designers will be well-protected by design rights from the outset, enabling them to grow into global brands.
Karl Taekyun Chung
Partner Patent Attorney at BLT Patent & Law Firm: www.en.blt.kr
#luxury #jewelry #luxuryjewelry #highjewelry #tiffanyandco #tasaki #vancleef #vancleefarpels #brandprotection #jewelrybrand #jewelrydesign #ipstrategy #anticounterfeiting #luxuryfake #designrights #intellectualproperty #patentlawfirm #patentattorney