|  Procedure 
            for Registering a Design | 
         
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          | Currently, the Design Protection 
            System in the Republic of Korea is in transition from Substantial 
            Examination System(SES) to Non-Substantial Examination System(NSES). | 
         
          | In response to the request of applicants 
            to expediate the procedure for the registration of designs, KIPO revised 
            the Design Law, introducing the Non-Substantial Examination System 
            for some short-term life-cycle products as of March 1, 1998. | 
         
          | Under the NSES, applicants may get 
            the registration within 2 or 3 months from the filing date and enjoy 
            new procedures such as Multiple Application, and Post-Grant Opposition 
            for their conveniency. | 
         
          | Even though the applications 
            under the NSES are not examined substantially, the requirements for 
            the registration and the effects of rights are same with those of 
            under the SES. | 
         
          | The registrations under the NSES which 
            do not fulfill the requirements will be invalidated through the Post-Grant 
            Opposition or Trial. | 
         
          | Currently, the products applied to the 
            NSES are few. However, KIPO will gradually extend the scope of the 
            products which are applied to the NSES, if this trial is successful. | 
         
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          |  Substantial 
            Examination System(SES) | 
         
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          | 1. Filing an Application | 
         
          | ァ) Documents required | 
         
          | A person who desires to obtain a design 
            registration must submit to the Commissioner of KIPO the following 
            documents: | 
         
          | (a) an application stating the name 
            and address of the creator and the applicant (including 
            the name of a representative, if the applicant is a juristic person),
 the date of submission, the 
            name of the article on which the design is embodied,
 the 
            claim and the priority data (if the right of priority is claimed);
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          | (b) drawings of the design; | 
         
          | (c) if the right of priority is claimed, 
            the priority document which is a certified copy of 
            the priority application together with its Korean translation; and
 | 
         
          | (d) a power of attorney, if necessary. | 
         
          | Documents (a) and (b) above must be 
            submitted at the time of filing the design application. The name of 
            a representative of the applicant may be supplemented at a later time. 
            The priority document and power of attorney can be later submitted 
            after the filing of the application. | 
         
          | ア) Claim of Priority | 
         
          | The right of priority may be claimed 
            for a design application under the Paris Convention or based on a 
            bilateral agreement or reciprocity. A claim of priority in a design 
            application can be made only if the design application is filed in 
            the Republic of Korea within 6 months from the claimed priority date. | 
         
          | ィ) Drawings | 
         
          | Drawings appended to a design application 
            should contain: | 
         
          | (a) the name of the article embodying 
            the design; and | 
         
          | (b) a description of the design and 
            the gist of the design. | 
         
          | The description of a design is not 
            as important as the specification of a patent or utility model application 
            so long as drawings of the design are correctly and properly prepared. 
            In lieu of drawings, photographs, models or samples of the design 
            may be submitted. | 
         
          | Drawings should contain a prospective 
            view, a front view, a rear view, a right side view, a left side view, 
            a top view, a bottom view and other views(e.g. a sectional view), 
            if necessary or useful in describing the design. Where the article 
            representing the design is of a flat shape, only the top and the rear 
            views need to be included in the drawings. | 
         
          | 2. Formality Examination | 
         
          | Once a design application is submitted 
            to KIPO, it will be checked to ensure that all requirements necessary 
            to accord the application a filing date have been satisfied. Under 
            the Article 2(1) of the Enforcement Regulation of the Design Act, 
            in any of the following instances, the application will be returned 
            to the submitter without any application number being assigned thereto 
            and will be treated as if it had never been submitted: | 
         
          | (ァ) where the kind of application is 
            not clear; | 
         
          | (ア) where the name or address of a 
            person (or juridical person) who 
            takes the procedure (i.e., the applicant) is not described;
 | 
         
          | (ィ) where the application is not written 
            in Korean; | 
         
          | (イ) where the application is not accompanied 
            by drawings; | 
         
          | (ゥ) where the article(s) in which the 
            design is embodied is not described; or | 
         
          | (ウ) where the application is submitted 
            by a person who has no address or place of business 
            in the Republic of Korea, without coming/being submitted through
 a patent agent in 
            the Republic of Korea.
 | 
         
          | Once the application has satisfied 
            the requirements, KIPO assigns an application number and examines 
            as to whether or not other formality requirements under the Design 
            Act have been met. | 
         
          | The procedure dealing with the formality 
            examination of a design application is the same as that of a patent 
            application. | 
         
          | 3. Early Publication per Request | 
         
          | A design application may, upon the 
            request of the applicant, be published in the official gazette entitled 
            "Design Laid-open Gazette". Such request for publication 
            may not be made once the applicant has received a copy of the first 
            final decision of approval or rejection of application. | 
         
          | Once a design application has been 
            laid-open to public inspection, any person may submit to KIPO information 
            relevant to the registrablility of the design concerned together with 
            any supporting evidence. | 
         
          | The revised Design Act offers a special 
            legal effect upon a laid-open design application: if the applicant 
            sends a warning letter to an alleged infringer after his design application 
            has been laid-open, it will mean that the relevant period for computerization 
            of a reasonable amount of compensation will commence from the date 
            that letter is received. Such compensation, however, can only be secured 
            upon the registration of the design. | 
         
          | 4. Substantial Examination | 
         
          | ァ) Initiation of Examination | 
         
          | Unlike a patent or utility model application, 
            a request for examination of a design application is not required 
            for the initiation of substantial examination. Design applications 
            are automatically taken up for examination in the order of the filing 
            date thereof. It generally takes about one year or so to complete 
            the examination from the filing date. A request for expedited examination 
            may be made once the design application has been laid-open upon to 
            public inspection the request of the applicant and upon showing that 
            it is presently being infringed. | 
         
          | ア) Requirement for Registration | 
         
          | To be registerable under the Design 
            Act, a design should be meet the following requirements; | 
         
          | (a) It should fall under the definition 
            of a design given in the Design Act ; A 
            design which is eligible for protection under the Design Act is defined 
            as
 "the shape, pattern, 
            color or any combination thereof in an article which produces
 an aesthetic impression on the 
            sense of sight. Therefore, to be protected under
 the 
            Design Act, a design should be embodied on an article. The term "article" 
            is
 generally considered as 
            a tangible, movable and independent thing.
 | 
         
          | (b) Industrial applicability ; the 
            designs should be mass-produced in an industrial method. | 
         
          | (c) Novelty ; the designs should not 
            be identical or similar to the design which was publicly known or 
            worked or published within or outside the Republic of Korea before 
            the application for design registration. | 
         
          | (d) Creativity ; the design should 
            be a design which could not have been easily created by a person having 
            an ordinary skill in the relevant field from the shape, pattern, color 
            or a combination thereof which was widely known in the Republic of 
            Korea. | 
         
          | (e) Furthermore, it should not be any 
            of the unregistrable designs provided in Article 6 of the Design Act, 
            such as designs which disturb the public order or good morals and 
            a design which is identical with or similar to the flag, emblem of 
            nation or public organizations. | 
         
          | Even if a design was published or known 
            or worked by the applicant himself prior to the filing date of the 
            design application therefor, it is deemed to be novel provided that 
            the design application is filed within 6 months after the disclosure 
            was made. | 
         
          | Any person who desire to have his design 
            be presumed novel must submit a written statement to that effect to 
            KIPO at the time of filing the design application. Any document substantiating 
            such statement should be also submitted within 30 days from the filing 
            date. | 
         
          | 5. Rejection and Registration | 
         
          | If a design application falls under 
            any of the grounds for rejection enumerated in the Design Act, the 
            Examiner must issue a notice of preliminary rejection, stating the 
            reasons for rejection, and give the applicant an opportunity to submit 
            a written opinion, within the specified time limit. | 
         
          | If the examiner finds no ground for 
            rejection or he is persuaded by the applicant's argument and/or amendment, 
            he will render a decision to grant registration. There is no publication 
            for opposition of a design application under the SES after the substantial 
            examination. However, upon the registration, the design registration 
            is published in the official gazette called "Design Registration 
            under the SES Gazette". | 
         
          | If the examiner considers that the 
            applicant's argument is without merit and the ground for rejection 
            has not been overcome, the examiner will issue a notice of final rejection 
            of the design application. | 
         
          | 6. Appeal and Trial | 
         
          | Appeal and Trial procedure are same 
            with those of patent and trademark. | 
         
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          |  Non-Substantial 
            Examination System | 
         
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          | 1. Multiple Application | 
         
          | Under the NSES, an applicant may file 
            an application for twenty designs or less which fall under single 
            class in accordance with the Korean Classification of Products for 
            the Registration of Designs. | 
         
          | The documents required, such as claim 
            of priority, drawings for the design application under the NSES is 
            same as that of under the Substantial Examination. | 
         
          | However an applicant wishing to make 
            an multiple application should submit a specification of plural designs 
            containing matters such as serial number of designs, and drawings, 
            names and claims of priority of each design. | 
         
          | 2. Formality Examination and 
            Registration | 
         
          | Under the NSES, examiners conduct formality 
            check and examination to determine whether the design will disturb 
            the public order or good morals only. | 
         
          | The formality check on the design application 
            under the NSES is same as that of under the SES. | 
         
          | If the examiner founds a flaw in the 
            formality mentioned above, the examiner must issue a notice of preliminary 
            rejection stating the reason for rejection and give the applicant 
            an opportunity, time limit to submit a written opinion or amendment 
            within the specified. | 
         
          | If the examiner finds no flaw in the 
            formality examination, he will render a decision to grant registration 
            without substantial examination. | 
         
          | 3. Publication and Post-grant 
            Opposition | 
         
          | KIPO publishes a "design registration 
            gazette under the NSES" after the design applicant pay the registration 
            fee. | 
         
          | Once a design has been published in 
            the Registration Gazette any person may file an opposition against 
            the registration of the design under the NSES within 3 months from 
            the publication date. | 
         
          | The ground of opposition are same as 
            that of requirement of registration under the NSES; novelty, creativity, 
            industrial applicability, and other unregistrable designs. | 
         
          | 4. Rights conferred to the 
            design registration under the NSES | 
         
          | The rights conferred to the design 
            registration under the NSES in exclusive right are same as that of 
            under SES. | 
         
          | If the registration under the NSES 
            is invalidated by opposition or trial, the right conferred to the 
            registration under the NSES will retroactively lose effect. | 
         
          | Furthermore, if the alleged right holder 
            injures a person by exercising his forged right, he has to compensate 
            for the damages regardless of his design registration under the NSES. | 
         
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