The definition of a design in South Korea's Design Protection Act is defined as "the shape, pattern, color, or combination of these of a product (tangible object) that creates a sense of beauty through the visual sense." Therefore, in order to be protected as a design, the design must be embodied inan article (an article is defined as something tangible, movable, and independently tradable). For example, real estate such as buildings, intangible objects such as water, air, and light, and objects that do not have a certain shape, such as grains of sugar, do not qualify as articles and cannot be registered as designs. On the other hand, partial designs for parts of articles (e.g. the heel of a sock, the neck of a bottle, the handle of a cup, etc.) can also be registered after 2001. Designs must be visible to the naked eye (conspicuousness/visibility requirements), and designs that consist purely of shapes to ensure functionality (shapes with only functional beauty), designs that violate public order and morals, and designs that resemble national flags, medals, etc. are not permitted to be registered.
The scope of protected designs has expanded in recent years. Previously, "designs" under the Design Act were limited to those applied to articles, and images that were not attached to articles (for example, holograms and AR/VR images) were not protected. However, in the 2021 legal revision, graphic images were added to the definition of design, and designs such as graphical user interfaces (GUI) and projection images that are not directly displayed or recorded on the product are now included in the scope of protection. With this amendment, design rights can now protect designs in new technology fields that are not directly connected to goods, such as projected images and holograms using digital technology, and screen designs on AR/VR.
Design application procedures in South Korea proceed roughly as follows (*In South Korea, unlike patents and utility models, there is no need to request examination of the application, and submitted design applications are automatically submitted for examination).
Application submission: Prepare the application (described below) and necessary documents such as drawings and file a design application with the Korean Patent Office (KIPO). Electronic filing is common. If a foreign company or individual is applying and does not have an address in Korea, it is necessary to appoint a local representative (patent attorney).
Formalities Examination: After submission, a Formalities Examination is first conducted to check whether the application documents meet the formal requirements. For example, if ``the type of application is unknown'', ``the applicant's name and address are not stated in the application'', ``drawings are not attached'', ``the language of the application is not Korean'', etc., the application will be rejected and the filing date will not be recognized. If you pass the formality examination, you will be given an application number and will move on to substantive examination.
Substantive examination (or partial examination): The Korean design system has two examination methods: main examination system (SES) and partial substantive examination system (PSES). The examination classification is determined by the specified goods (product field). Designs for general industrial products undergo a substantive examination, where examiners determine substantive requirements such as novelty and originality. On the other hand, specific fields that are easily influenced by trends and have short product cycles (e.g. clothing, fabrics, stationery, food containers, etc.) are subject to substantive examination (partial examination), and rights can be obtained quickly through a simple examination.
Partial substantive examination: In addition to the formal requirements, the examiner briefly checks whether the design can be easily created by an ordinary designer in the field from an already well-known and commonplace design, and will promptly grant registration unless it is obviously obsolete or publicly known. The target items are mainly fashion-related and trending items in the Korean design classification (based on the Locarno classification) (specific examples: Class 1 "Food", Class 2 "Clothing/Personal Items", Class 3 "Travel Goods", Class 5 "Textiles/Sheets", Class 9 "Packaging Containers", Class 11 "Accessories", Class 19 "Stationery/Art Supplies", etc.). In these fields, it is possible to process from application to registration within a few days to several weeks, and the 2020 revision expanded the target classes. Since substantive examination is omitted for partial examination applications, it takes an average of 10 days to 3 months from the application submission to obtain a decision to register (normal substantive examination takes approximately 6 to 8 months).
Substantive examination: All design applications other than those mentioned above will be subject to a detailed examination by examiners, including novelty, originality, and conflicts with prior applications, in accordance with the substantive examination principle. No examination request procedure is required; applications will be automatically examined in the order of application. Although it depends on the number of applications, the period required for examination is approximately one year. If you wish to obtain rights early, you may also Apply for accelerated examination under certain conditions (for example, if you have published your application and warned a third party, or if there is an emergency because counterfeit products are on the market).
Intermediate response: If there are reasons for refusal (failure to meet registration requirements) as a result of substantive examination, the examiner will issue a notice of reasons for refusal. Applicants can respond by submitting written opinions or amending drawings within the specified period. If the examiner is satisfied with the written opinion, the application will pass the examination. If the design is changed by an amendment, the date of submission of the amendment may be considered the new filing date (a system has also been introduced in which the examiner can correct obvious errors on his/her own authority). If the examiner finally issues a decision of refusal (final refusal), the applicant can request an Appeal of the decision of refusal to the Patent Trial and Appeal Board (IPTAB) within 30 days (extendable up to 2 months) from the date of delivery of a copy of the decision. If the matter cannot be overturned in a trial, the matter can be litigated to the Intellectual Property High Court (Patent Court) and finally to the Grand Court (Supreme Court).
Registration/publication: If the application passes the examination, a registration decision (decision to permit registration from the Patent Office) will be issued. After the registration decision is made, a design right will be granted by paying the prescribed registration fee, and a Design Registration Publication will be published in the official gazette (Design Gazette). In South Korea, there is no prior publication/opposition system for designs that have undergone substantive examination (SES cases). On the other hand, for expedited registration cases through partial examination, there is a period of three months after the issuance of the registration gazette to file an objection (registration objection). A third party can file an opposition and request cancellation of the registration during this period (after the opposition period has passed, the registration will be challenged in an invalidation trial), and the 2025 revised law is scheduled to introduce an additional period in which the registration can be filed within one year after publication in the official bulletin, provided that the 2025 revised law has received an infringement warning. At the applicant's request, the application can be made public (publication of a design publication bulletin) as early asin the examination stage. Once a public gazette is published, the applicant can send a warning to third parties that the application is pending, and can also claim compensation for future claims for damages for the implementation activities of others that occurred after publication.
After registration: Once the design right is generated by paying the registration fee, the Japan Patent Office will issue a design registration certificate. The duration of a design right is as described below, but the right is maintained by paying an annual annuity (registration fee) until the end of the term. Once the rights have arisen, interested parties can request aninvalidation trial to challenge the invalidity of the registration. In addition, if the applicant wishes, it is possible to use the secret design system at the same time as registration and keep the design private for up to three years after registration (a request for a secret design must be made between the time the application is filed and the time the registration fee is paid). Even during the secret design period, viewing is permitted in certain cases (such as with the consent of the right holder or a request from a court).
Documents required for design application are as follows:
Application form: Fill in the name and address of the applicant/creator (or representative name if the applicant is a corporation), date of submission, name of the product to which the design is applied, and if necessary, claim of Paris priority (if priority is claimed, the earlier filing date, country, etc.). The application must be written in Korean.
Drawings or photographs: Submit a set of drawings showing the form of the design. It is also permitted to submit photographs and actual samples in place of drawings. Drawings usually include 7 views (perspective view, front/rear view, left and right sides, top view, and bottom view) for three-dimensional objects, and cross-sectional views are also attached if necessary. For flat items (for example, fabric patterns), two views of the front and back are sufficient. The drawing has a space for briefly writing the name of the product, an explanation of the design, and the main points (characteristic parts) of the creation. However, in the design system, disclosure through drawings is the main focus, and detailed written explanations are not as important as patent specifications.
Priority document (if there is a priority claim under the Paris Convention): notarized copy of the earlier application (priority certificate) and its Korean translation. Even if you do not submit it at the time of application, you can additionally submit it within 3 months from the application date.
Power of attorney: Submitted when applying through an agent (can be supplemented later if necessary).
The application form and drawings are required at the time of application, and if these are missing, the application will not be recognized as official. Other formal requirements at the time of application include ``classification of the article (statement of the name of the article that is the subject of the design)'' and ``those who do not have an address in Korea must appoint an agent.''
South Korea has adopted the "One design, one application" principle. However, as an exception, set products with a sense of unity (e.g., a set of tableware, a set of chess pieces, etc.) can be protected as a set design in one application. Furthermore, in South Korea, bulk applications for multiple designs are permitted with certain conditions, and it is possible to apply for up to 100 designs in one application for goods within the same classification class. *Previously, up to 20 unexamined designs were allowed in one application, but with the 2014 revision, this was expanded to allow applications for up to 100 designs in the same similar group, regardless of whether or not they were examined. When filing multiple design applications, serial numbers are added to each design in the drawings to distinguish them. This type of batch application system has the advantage of allowing related variation designs to be processed together (however, a separate registration fee is required for each design).
Registration requirementsArticle 33 of the Design Act stipulates the following.
Designability: First, the submitted work must fall within the scope of a "design" under the law. In other words, it is the external design of an article that is composed of shape, pattern, and color, and it must be aesthetically pleasing. Items that do not provide visual aesthetic appeal (such as purely functional shapes) or items that are not related to goods will not be registered at this stage.
Industrial applicability: The design can be industrially mass-produced. In other words, the design must be able to be distributed as a product in the market. Pure works of art and works of art, even if they are highly unique, are not subject to design rights if they cannot be mass-produced as industrial products.
Novelty: There is no identical or similar design publicly known before the filing. South Korea has adopted the world standard of absolute novelty, and any design that has become publicly known or in public use before filing an application, is described in a publication, or is available to the public on the Internet, etc., loses its novelty. Similarity is also included in the judgment, so if the design is overall similar to an existing design except for differences in details, it will also be judged as not novel. Korean law also stipulates the **first-to-file principle (expanded status of first-to-file application)**, and if there is a similar design that was previously filed by someone else, the later application will be rejected even if it has not been published (a provision to prevent a later application from plagiarizing an earlier-filed design).
Creativity (difficulty in creation): Not a common design. This is similar to the concept of inventive step in patents, and a design that combines multiple designs that are known at the time of filing, and which differs only to the extent that a person skilled in the art (ordinary designer in the field) would easily come up with, cannot be registered. Korean law specifically stipulates that ``designs must not be easily created from combinations of shapes, patterns, and colors that are well known in Korea in the field.'' For example, a design that simply adds ordinary decoration to an existing product may be judged as lacking in creativity.
Public order and morals/grounds for non-registration: Article 33 of the Design Act further stipulates that designs that are likely to disturb public order and good morals, designs that are similar to the shape of another person's product that may cause confusion with another person's business, designs that are identical or similar to the national flag, national emblem, or famous emblem, and designs that consist only of shapes that are essential to ensure the functionality of the product cannot be registered. Applications that fall under these categories will also be rejected.
The examiner will determine whether the above requirements are met through preliminary design research, etc. In particular, regarding novelty, Korea, like Japan, has a 6-month exception period for loss of novelty (grace period). Even if you have announced your design before filing, or if there is a loss of novelty due to leakage or exhibition by a third party, as long as you file an application within 12 months from the date of publication, it will be considered that novelty has not been lost. However, in order for this to apply, under the old law, it was necessary to declare this at the time of filing and submit evidence within 30 days. In the 2023 revision, procedural requirements have been significantly relaxed, making it possible to claim novelty exception at any time during the examination stage (it can also be claimed at the invalidation trial or litigation stage), and the filing deadline has been abolished. Please note that exceptions will not apply to designs that have been published in other countries before being published in official gazettes.
Duration of a design right has been set as ``20 years from the filing date'' since the 2014 amendment. Before the revision, the period was ``15 years from the date of registration,'' but the period was extended and the starting date was changed in line with the accession to the International Hague System. The actual duration of rights is approximately 18 to 19 years (depending on the examination period), as the calculation includes the time required from application to registration. For example, if it is registered after a one-year examination, the remaining period is approximately 19 years from the date of registration. There is no extension or renewal system after expiration, and design rights expire after 20 years.
The effect of design rights (exclusive rights) extends to registered designs and designs similar to them. A design right holder has the exclusive right to practice (manufacture, sale, import/export, etc.) a registered design (or a similar design) as a business, and can exclude unauthorized exploitation by third parties. If a person other than the design right holder manufactures, sells, or uses the design or a similar design without permission, it constitutes infringement of design rights and is subject to injunctions and compensation for damages (described below). In addition to implementing the design themselves, the owner of the design right can also license it to others. Under Korean law, similar to patent rights, exclusive licenses (exclusive and non-exclusive licenses) and non-exclusive licenses can be established. Transfer to another person (assignment requires registration with the Patent Office) is also permitted.
On the other hand, there are limits to the effectiveness of design rights. For example, prior use rights: A person who has independently created a design that is the same or similar to the design and is practicing it as a business even before filing for a design registration may be granted the right to continue using it in that business even after registration (non-exclusive license based on prior use). Similarly to patents, design rights can be subject to ex-officio enforcement (unauthorized use by the government) or arbitrage enforcement (forced enforcement to ensure fair competition) in the public interest. Although there is no system in place for interested parties to request permission to use a design if a design right holder does not use the design for a long period of time (awarding a non-exclusive license based on non-working), provisions similar to those for patents may be applied.
If you use a design that is identical or similar to another person's registered design, regardless of differences in details, for business purposes without the permission of the right holder, it will be infringement of design rights. Rights holders can seek civil and criminal remedies for infringement of design rights.
Request for injunction (civil injunction): A design right holder can request the court to injunct or prevent an infringer from infringing (Article 120 of the Design Act). Specifically, it is possible to seek an injunction ordering the suspension of the manufacture, sale, import and export of infringing products, the destruction of stocked products, and the removal of equipment. An injunction can be requested on a preventive basis even if no infringing activity is currently occurring, if there is a threat of imminent infringement.
Claim for damages: You can demand compensation from the infringer for damages suffered as a result of the infringement (Article 121 of the Civil Code and the Design Act). When it is difficult to prove the amount of damages, Korean law provides several methods for calculating the estimate (for example, if the right holder sells the infringing product, the amount is calculated by multiplying the amount of the infringing product's own sales volume x profit; if the right holder does not sell the product, the infringer's profit amount is considered as the amount of damages, etc.). In recent reforms, South Korea has also introduced astatutory damages system, which allows courts to award an equivalent amountup to 30 million won in cases where it is difficult to calculate the amount of damages normally.
Punitive damages: In order to strengthen deterrence against infringement of intellectual property rights, South Korea has a system of punitive damages that can increase the amount of compensation to several times the amount of damages in the case of malicious infringement (intentional infringement). In the 2019 amendment, it was also introduced for infringement of design rights, and first of all, up to 3 times compensation was allowed. Furthermore, in the 2024 law revision, it has been decided that the upper limit will be raised to 5x compensation, similar to patents and trade secrets, and the revised provisions of the Design Law will be enforced on July 22, 2025. As a result, the amount of compensation for design infringement in South Korea has reached a level exceeding that of the United States and Japan. In actual application, factors such as the maliciousness of the infringement and the scale of damage are taken into consideration, and the court determines the compensation multiplier.
Criminal Penalty: Infringement of design rights is a non-prosecution crime, and criminal penalties can also be imposed for intentional violations. The Korean Design Act stipulates that a person who infringes a design right (or exclusive license) can be sentenced to 7 years in prison or a fine of up to 100 million won (Article 220 of the Act). If the act is committed by an officer or employee of a corporation, the corporation itself may be subject to punishment (double penalty provision). In recent years, there has been an increase in the number of cases in which criminal charges have been filed against counterfeit product dealers.
Customs Injunction: To prevent counterfeit design products from being imported from overseas, design rights holders can also apply for an injunction with customs. If you register with customs (intellectual property import suspension system), customs will take measures such as seizure and destruction when you import or export infringing goods. It is especially actively used in the fashion and miscellaneous goods fields.
By appropriately combining these remedies, design rights holders can prevent the damage caused by copyright infringement from expanding and seek economic relief. Korean courts have consistently taken the position of judging the similarity of designs based on the ``esthetic appearance of the product that attracts the attention of the consumer,'' and they determine whether the items are substantially the same through overall observation. It is important to note that even if there are differences in details, if they share the same sense of beauty for the viewer, they will be considered "similar."
Korea's design system has been significantly updated in recent years. Below is a chronological summary of major legal reforms and important precedents.
July 2014: South Korea joins the Hague Agreement Geneva Act and introduces the International Design Application System. At the same time, the Design Protection Act was significantly revised.
Extension of the duration of design rights from "15 years from the date of registration" to "20 years from the date of application"
The existing "similar design system" (a system in which a design similar to the original design is registered separately and the similar design becomes invalid when the original design becomes invalid) has been abolished and a new "related design system" has been established. The related design continues to exist as a right independent of the main design (even if the main design is invalid, the related design remains), and its protection period is set to expire on the same expiration date as the main design. The application deadline for related designs was within one year from the filing date of the main design (*extended with the 2023 amendment mentioned below).
Significantly reduces the number of items subject to the non-examination registration system (partial examination). Before the revision, a wide variety of fields such as food, clothing, bedding, stationery, and computer icons could be registered without examination, but after the revision, the non-examination was limited to a few classes such as clothing (class 2), fabrics (class 5), and stationery (class 19) (food, bedding, curtains, computer icons, etc. were changed to require examination). The term "no examination" has been changed to "partial examination" after the revision.
Expansion of bulk multiple design applications: The bulk application, which was previously possible for up to 20 designs for unexamined goods, has now been expanded to allow up to 100 designs within the same article class (regardless of whether or not they are examined).
Regarding the exception to the loss of novelty of a design, prior to the revision, it was necessary to apply for application and submit proof at the time of filing, but with the revision, the application of the exception can now be asserted during the examination process (for example, it has been relaxed so that the public knowledge exception can be asserted within six months at the examination stage, opposition, and invalidation trial).
2019-2020: As part of strengthening civil remedies in the field of intellectual property, a punitive compensation system (triple compensation) for infringement of design rights was introduced (to be implemented around 2020). In addition, a statutory damage compensation system (up to 30 million won) has been added to the Design Act, allowing for flexible remedies in cases where it is difficult to prove damages. In addition, the crime of design infringement has been made a non-prosecution crime, allowing prosecutors to bring charges even without a complaint from the right holder (criminal measures to strengthen intellectual property protection).
2020: The Design Act and examination standards were revised, and several practical improvements were implemented.
Expansion of the scope of partial examinations: The scope of non-examination (partial examination), which was reduced in the 2014 revision, has been expanded again in response to market needs. With the amendments that took effect on December 1, 2020, Category 1 (food), Category 3 (umbrellas, travel bags, etc.), Category 9 (containers), and Category 11 (accessories) have been newly added to the scope of partial substantive examination.
Relaxation of drawing requirements: For applications for font (typeface) designs, previously it was necessary to submit drawings of typesetting samples, but after the revision, it is now allowed to submit the font file itself. In addition, when amending drawings after filing, previously it was necessary to resubmit them in the original submission format (for example, JPEG for JPEG), but now it is acceptable to submit amendments in a different format.
Simplification of priority documents: The Korean Patent Office has expanded the Priority Certification System using Digital Access Code (DAS), which allows certain countries and organizations to omit the submission of priority certificates. As of 2020, a large number of countries and organizations such as Japan, the United States, China, and EUIPO are eligible, and priority claims from these countries can be made by notifying the DAS code instead of submitting a document.
October 2021: The revised Design Law enacted the previous year came into effect, and the scope of protection was expanded. Specifically, "image" has been added to the definition of design, which was previously limited to "article," and electronic image designs that are not recorded or displayed on articles (e.g. projected images, AR/VR screens, GUI distributed over the Internet, etc.) can now be registered. With this revision, intangible image designs, which had been protected in Japan (revised in 2019), Europe and the United States, are now subject to protection in Korea, making them compatible with the latest digital creations. Detailed examination criteria for image designs are being developed in stages, and it is expected that the determination of similarity with existing product designs (for example, comparison of novelty and creativity with GUI displayed on products) will become a point of contention in the future.
December 2023: The revised Design Law 2023 (promulgation in May of the same year) is scheduled to come into effect. The main revisions are as follows.
Extension of filing deadline for related designs: Regarding the related design system, the filing deadline for related designs, which was previously set to be within one year, will be extended to within three years from the filing date of the main design. This will make it possible to file additional applications and protect variation designs for hit products for a longer period of time (in Japan, the 2020 revision substantially extended the deadline for related designs, and this measure is close to that).
Elimination of the period for claiming an exception for loss of novelty: After the amendment, it will be possible to claim an exception at any time regarding the application of the above-mentioned novelty exception (grace period). Under the current law, claims can be made flexibly from the examination stage to the invalidation trial stage, but the amendment will remove the time limit in the article, and will allow right holders to make exceptions after the fact, such as when a defendant in an infringement suit challenges invalidation. However, the exception remains that public information published in the gazettes of other countries is not covered by the exception.
Relaxation of priority claim procedures: Before the revision, Paris priority claims were made at the same time as the application, and documents had to be submitted within a strict deadline. The amendment provides a remedy to accept priority claims and certificate submissions even within two months after the expiry of the priority period, if there are unavoidable reasons. Additionally, even if a bulk design application fails to claim priority for some designs, additional amendments can be made within three months. These are amendments that will increase procedural flexibility for overseas applicants.
November 2025 (scheduled): The May 2025 revised law (scheduled to come into effect on November 28, 2025) will mainly make amendments to prevention of abuse of the partial examination system and relief for disputes over ownership.
Addition of reasons for refusal for partial examination registration: Previously, partial examination applications were registered without being rejected unless there was a formal defect or an obvious known design. After the amendment, examiners will be able to refuse even if the application is subject to partial examination if it is clearly lacking in novelty or conflicts with a prior application. This is a measure against abuses such as exploiting blind spots in the publication system to obtain rights to known designs.
Addition of period for opposition to partial examination registration: Currently, the period for filing an opposition for a registered design resulting from partial examination is three months after the publication of the registration gazette, but with the amendment, a remedy will be introduced in which a third party who only learned of the existence of the design after receiving an infringement warning will be able to file an opposition within three months from the date of receiving the warning (up to one year after publication of the gazette). Even if a counterfeit product manufacturer obtains registration through partial examination first, third parties who have unknowingly used the same design will be more likely to receive redress.
New litigation system regarding ownership of rights: Under current law, if someone else files an application or registers a design that is originally the right holder without permission, the true right holder must first invalidate the registration in an invalidation trial and then re-file the application themselves. The revised law will establish a new system in which the true creator/right holder can file a lawsuit directly in court and request the transfer of the rights to a registered design. If the court recognizes the right holder, it will be able to order the transfer of the registered design right from the current holder to the true right holder. This opens the way for right holders to seek relief without the hassle of invalidating and then re-applying.
Important precedent: 2023 Supreme Court decision (limiting the freedom to operate defense)
As a recent precedent, the Supreme Court's February 2023 decision limiting the scope of the "freedom to operate (FTO) defense" in design infringement lawsuits is attracting attention. Traditionally, in Korean court practice, there has been a tendency for the defendant (the party accused of infringement) to accept a defense to a certain extent, in which the defendant (the party accused of infringement) claims that ``the design of the product is more similar than the plaintiff's registered design to a design that was publicly known in the past.Therefore, it does not fall within the protection scope of the plaintiff's design right (= does not infringe).'' However, in a 2023 Supreme Court judgment (Case No. 2021Hu10473, etc.), it was held that if the plaintiff has legally acquired the rights to his previously published design by making an exception to the claim of lack of novelty, the defendant is not allowed to use the published design as a basis for the defense that ``the plaintiff's design is similar to the old design, so it should be freely usable.'' The Supreme Court cited the procedural requirements for novelty exceptions stipulated by the Design Act (such as filing within six months and submitting a certificate) and the provisions on prior user rights that protect third parties who use publicly known designs in good faith, and determined that easily allowing free exploitation of legally established rights would be contrary to the purpose of the law. This precedent clarifies that "even if there is a prior design similar to the plaintiff's design, as long as the plaintiff has legitimately acquired the design right, a third party cannot justify unauthorized use," and it can be said that the protection of design rights holders has been further strengthened. This case is attracting attention as an important precedent that will influence the defense strategy of defendants in design right infringement lawsuits in the future.
Finally, we will summarize the commonalities and differences between the Japanese design system and the Korean design system. Both countries adopt the first-to-file and registration system, and the basic framework of their design laws is similar, but there are some institutional differences. The table below summarizes the main points of comparison.
| Item | Korean design system | Japanese design system |
|---|---|---|
| Protected object | Applies to designs of tangible objects (movables) and image designs (2021 law revision). Real estate such as buildings is not eligible, but partial designs of articles are permitted. | In addition to the design of tangible objects, the 2019 revision added image designs and buildings/interiors that are not recorded as objects to the scope. Partial designs of articles are also allowed (introduced in 1998). |
| Examination method | A partial substantive examination system is adopted depending on the field. Specific classes such as clothing and stationery can be registered early through a simple examination (there is an objection period). Others are subject to normal substantive examination. No request for review is required. | Substantive examination of all applications (no non-examination registration system). Examination is automatically performed from the application (there is no examination request system. In Japan, designs are examined at the same time as the application). There is no opposition system before registration, and after registration, a contest is held in an invalidation trial. |
| Application form | In principle, one application for one design, but It is possible to apply for up to 100 designs at the same time. There is a set design system for set items. Applications must be submitted in Korean. | In principle, one application for one design (as an exception, there is a set design system *tableware sets, etc.). It is not possible to apply for multiple designs at once (variations are protected under the related design system). Applications must be submitted in Japanese. |
| Examination criteria | Absolute world novelty and ease of creation (cannot be easily created from a publicly known design) are required. Rejection due to first-to-file application (extended first-to-file principle). Novelty exception period from 6 months to 12 months (time limit removed by amendment). Shapes that are purely functional are not registered. | Similarly, absolute novelty and ease of creation are required. Non-registration due to first filing (first filing principle). The 2018 amendment extended the grace period from 6 months to 1 year. Shapes that are purely functional are not registered (Article 5 of the Design Law). |
| Duration of life | 20 years from the filing date (after the 2014 revision). No extension or renewal. | 25 years from the filing date (after the 2020 revision, previously 20 years after registration). No extension or renewal. |
| Related designs | Related design system available (introduced in 2014). It is possible to apply for a similar design as a related design within one year (→extended to within three years with the 2023 revision) of the application for the main design. Even if the main design becomes invalid, related designs continue to exist. The protection period ends on the same day as the original design. | Related design system available (introduced in 2005, significantly expanded in 2020 revision). Flexibility to apply for related designs within 10 years of filing the main design. Multiple related designs can be linked to the main design. The term of protection is 25 years from the filing date of the main design (related designs also expire on the same day). Related designs can continue even after the main design ceases to exist (revised in 2020). |
| Secret design | Secret design system available. Request is made at the time of application and payment of the first registration fee, and can be kept private for up to 3 years after registration. It is possible to shorten or extend the period (up to 3 years). | Secret design system available. Request must be made at the time of application, and the information may be kept private for up to 3 years after registration (in Japan, the same applies within 3 years, including extensions). |
| Measures against infringement | It is possible to request an injunction and claim compensation for damages. Punitive damages available: In the case of intentional infringement, the court can increase the amount of compensation by up to three times the amount of damages (→ five times from 2025). There are criminal penalties (up to 7 years' imprisonment, etc.). | It is possible to request an injunction and claim compensation for damages. No punitive compensation system (Japan does not have one for designs and patents). There are criminal penalties (up to 10 years' imprisonment, etc.). |
As mentioned above, although the basic framework is common, there are features such as Korea's unique expedited registration system (partial examination), multiple applications at once for multiple designs, and punitive damages. On the other hand, Japan expanded the scope of protection and the duration of protection in the 2020 revision, and in recent years there has been progress in harmonizing the systems in both countries. When companies acquire and utilize design rights in Korea and Japan, it is important to develop strategies that take these differences into account. Please refer to the guidelines of each country's patent office (Korea KIPO, Japan JPO) and highly reliable legal information to understand the latest trends and protect your designs appropriately.
Reference materials: Korean Patent Office (KIPO) public information, Korean Design Law revision information (Kim & Chang Law Office), Lee & Ko law firm commentary, Hanol Law firm articles, APAA news, etc.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).