Why Design Registration is Worth Considering
Design registration, which protects the visual appearance of products, is often seen as less necessary and less effective than patent or trademark protection. This perception arises because design rights have a narrow scope, making it difficult to establish infringement when even slight differences exist between the designs. In addition, because the individualized nature of designs makes prior-design searches difficult, a registered design can sometimes end up being invalidated.However, despite these challenges, registering a design is still beneficial—especially for original designs. Registration makes it possible to seek an injunction or take other legal action against imitators. Without registration, there is no enforceable right, regardless of who created the design.
Strategic Design Registration
Given the short product life cycles and high risk of imitation in many industries, a more strategic and effective approach to design registration is recommended. To address these realities, the Industrial Design Protection Act offers various mechanisms to strengthen protection.
One key example is the partial design system, which grants design rights to individual parts of an article. This system allows companies to register only the essential and distinctive elements of a product’s design, rather than the design of the entire product. In such cases, design infringement can still be claimed if the core feature of the registered design is replicated, even if the overall product appearance differs.Example: Smartphone Case Design
For products like smartphone cases, registering the most critical part of the design—such as a unique shape or feature—provides protection against imitation. Proper management of article-specific and packaging-related designs, along with control over disclosure timing, can also help secure rights effectively.
It is also essential to lay a strong foundation for protection by claiming the exception to loss of novelty and taking measures to guard against invalidation actions.Expert Guidance for Optimal Design Registration
Avoid pursuing design registration without proper consideration of these factors. At Sarang IP Law Firm, we weigh these factors and recommend design registration strategies suited to each product’s circumstances under the Design Protection Act. Sarang IP Law Firm works with overseas counsel and their clients on securing design protection in Korea, developing registration strategy for the Korean system.
