Last Change:
05/27/2025
Design Protection Act
Year: 1997
Type: Domestic law
Rights Category: Housing, land & property, Documentation
Description
The purpose of this Act is to contribute to developing industries by protecting designs and promoting the use thereof and encouraging new designs.
Selected provisions
(1) A person who creates a design, or his or her successor shall have a right to register the design in accordance with the provisions of this Act: Provided, That no design shall be registered for any employee of the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board while he or she is in service, except for a registered design acquired by inheritance or bequest.
(2) If at least two persons jointly create a design, such persons shall jointly have the right to register the design.
No non-resident foreigner shall enjoy a design right or other right relating to a design, except in any of the following cases:
1. Where the foreigner’s country allows nationals of the Republic of Korea to enjoy a design right or other right relating to a design under the same terms and conditions as those applicable to the nationals of the country;
2. Where the foreigner’s country allows nationals of the Republic of Korea to enjoy a design right or other right relating to a design under the same terms and conditions as those applicable to the nationals of the country, if the Republic of Korea allows the foreigner to enjoy a design right or other right relating to a design;
3. Where the foreigner is allowed to enjoy a design right or other right relating to a design under a treaty or any arrangement equivalent to a treaty (hereinafter referred to as "treaty").