One helpful characteristic of South Korean design follow is the associated design system. At the moment this method permits a one-year interval for submitting designs just like an current principal design that might in any other case be refused safety primarily based on their similarity to stated current design. The one-year interval begins from the submitting date of the principal design.
By utilising this method, the scope of safety of the principal design can successfully be expanded. A sensible use case is when incremental enhancements or modifications are made to an earlier design. By securing design safety for these modifications, it turns into tougher for different events to bypass the design rights and produce copycat designs.
Candidates can point out that their designs are a associated design on the time of submitting. Nevertheless, if a later-filed software is refused primarily based on similarity to a senior design owned by the identical applicant, it may be designated as a associated design of the principal design to beat such a refusal floor. This precept additionally applies to embodiments throughout the identical multiple-design software; if a number of embodiments are deemed to be comparable, the applicant should choose one because the principal design, and the others as associated designs.
Except for the truth that associated designs expire concurrently the principal design on which they’re primarily based (ie, a most of 20 years from the submitting date of the principal design), associated designs are successfully handled as separate and unbiased rights. For instance, invalidation of the principal design doesn’t lead to computerized invalidation of any associated designs. Nevertheless, within the case of an project, the principal and associated designs have to be transferred collectively.
Some necessary concerns are that associated designs:
can’t be “daisy-chained”; and
should all the time be just like the principal design.
In different phrases, as soon as a design is designated as a associated design, it can not subsequently act as a principal design for different later-filed designs. Additional, if an unique license is recorded in opposition to a principal design, it can not kind the idea for any later-filed associated designs.
Whereas this method is beneficial, there was criticism that the one-year interval for submitting associated designs is simply too quick. To rectify this, an modification to the Design Safety Act will come into impact from 21 December 2023, which is able to lengthen this era from one yr to a few years.
The brand new provisions will apply to associated designs filed on or after 21 December 2023 however won’t apply retroactively to designs for which the earlier one-year deadline had already handed. Virtually talking, which means that designs with a submitting date of twenty-two December 2022 or later will have the ability to act as a principal design for any associated designs that are filed as much as three years afterwards. The revision additionally clarifies that the principal design have to be legitimate and in power on the time the design rights in a associated design are established.
This growth will probably be of eager curiosity to candidates in all fields who want to defend their designs in South Korea – the longer window for submitting associated designs is prone to be broadly utilised as soon as in impact.
For additional data on this matter please contact Jonathan Masters at NAM & NAM by phone (+82 2 753 5477) or electronic mail ([email protected]). The NAM & NAM web site will be accessed at www.nampat.co.kr.
