Rabito’s
IP protection
Q: You have various designs and trademark properties under the name of Rabito. Tell us some related episodes if you have any. Mina: “The design lost its novelty”
When I just started the business, there was one time I almost lost my design right. I tried to file the rabbit cell phone case application for design registration before I commercialize the products. I requested the application process to a patent law firm before I left for the Spain exhibition. However, the law firm had not started the application process until after the exhibition because the exhibition was held during the Korean Thanksgiving week. The law firm did not try to stop the application process. But, I was so frustrated about losing my design right. I asked for advice from the other patent attorney, Youngdu Kim, whom I have known for years.
Kim: "Non-prejudicial disclosures"
I suggested not making any controversial dispute because the products are to be commercialized. It is true that the design had been disclosed in the exhibition before the application process. Also, examiners could have decided the design to lose its novelty. However, less than 6 month period had passed after publication, which was short enough to try the non-prejudicial disclosures1) instead of pushing the application process. It would have been difficult to fully exercise her design right if her design was invalidated due to the loss of novelty.
Q: Is Rabito has any IP protection process?
Kim: "By product Life-cycling strategy "
At the stage of development, I give the prior consultation after designers create prototype or concept. If the products are going to be in the market, we discuss which IP right (among design, trademark, and patent rights) works the best. Once we get the measure, we try to register or at least start the application process before the release. The registration process is to be based on the release strategy. During the application process, we use either the secret design system2) or the preferential/accelerated examination system3) based on its release date and location. After launching, we put emphasis on design right management and prepare the litigation or imitations.
Mina: "Registered at the Customs"
We registered Rabito trademark at the customs to restrict imports of copies. Therefore, customs would contact us if anyone tries to import copies. We were able to register Rabito products to the customs because we owned design and trademark right.
Rabito Kipris Search Result
To be Continued.
1) Exception of a loss of novelty: If a design owned by a person entitled to design registration is publicly known, worked, or described in the Republic of Korea or foreign country and the person files the application for the design within six months of the date on which the design was publicly know, worked or published, etc., it is deemed not to lose novelty. (Source: KIPO)
2) An applicant may request the design to be kept confidential for a period of three years from the date upon which it is registered or protected. (Source: KIPO)
3) An applicant may request accelerated examination in case an invention has been commercially worked by a person other than the applicant, after his application has been laid-open or incase the application is stipulated in the Presidential decree and regarded as urgent. (Source: KIPO)
* This posting is restructured based on ‘Design Map’ by Korean Intellectual Property Office.
* This posting is restructured based on ‘Design Map’ by Korean Intellectual Property Office.
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Global Tel: +82-2-726-1104, 1130 | Fax: +82-2-777-7334 | global@wips.co.kr
Japan Tel: +82-2-726-1113, 1107 | Fax: +82-2-777-7334 | wips-jp@wips.co.kr
China, Taiwan Tel: +82-2-726-1038, 1130 | Fax: +82-2-777-7334 | global@wips.co.kr
Global Tel: +82-2-726-1104, 1130 | Fax: +82-2-777-7334 | global@wips.co.kr
Japan Tel: +82-2-726-1113, 1107 | Fax: +82-2-777-7334 | wips-jp@wips.co.kr
China, Taiwan Tel: +82-2-726-1038, 1130 | Fax: +82-2-777-7334 | global@wips.co.kr
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