Design Protection System of South Korea and North Korea (1)

Korea went through a war, which resulted in the tragic division of the country.  50 years of division resulted differences in language, circumstance, life style, law and Intellectual Property System as well.  WIPS compared and researched ‘Design Protection System’ of both South and North Korea based on Design Map.


© NASA Goddard Photo and Video | Heavy Snow on the Korean Peninsula

The Transition Process of Design Protection System

South Korea enforced a law under the name of ‘Design Law’ in 1961 to protect design rights.  However, the enactment of South Korean design law reluctantly imitated Japanese design law.  After then, South Korea updated the design law several times and changed the name of the law to Design Protection Act in 2005.  

North Korea enforced a law under the name of ‘The Regulation of Trademark and Industrial Design’ in 1968 to protect trademarks and designs.  It was split into two different ‘Trademark Law’ and ‘Industrial Design Law’ through the revision in 1998.  

©  jordan_lloyd | Flickr

The Requirement of Design Registration

South Korean Design Protection Act Section 5 specifies that the design should meet the substantial requirements including novelty, creativity, industrial applicability, and non-violation of the enlarged concept of novelty.  In contrast, North Korean Industrial Design Law doesn’t specify prerequisites of the design registration.  

However, before North Korea revised the ‘Industrial Design Law’, ‘The Regulation of Trademark and Industrial Design’ had to meet the requirements including novelty, creativity, and applicability. 


Both South and North Korea similarly specify the restriction of design rights for the designs similar to the national flag and character of the international agency, and if the design reduces public morality, harm traditional custom in the Section 6 and Section 20 of each country’s Design Act.  However, North Korea added the section of restriction of design rights for the designs or trademarks similar to or same as the registered ones which is not exist in South Korea.  South Korea only has the adjustment section regarding breaking of trademark right and design right.

In South and North Korea, when the designer lost novelty due to the publication of the design, those cases are subject to a ‘The Exception to Loss of Novelty Regulation.’  South Korea requires the application for registration in 6 month from the loss of novelty; North Korea requires the application for registration in 3 month from the loss of novelty. But, North Korea limits the case only the industrial design or its prototype exposed in the exhibition. 

 

To be Continued...

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