Recently, the Korean Intellectual Property Office (KIPO) amended the "Enforcement Rules of the Design Protection Act" ("the Rules") to ensure that the true creators of industrial designs are accurately identified.

    Led by Director General Wan Ki Kim, KIPO announced the partial revision of the Rules, which will take effect on February 12, 2025. The purpose of the revision is to ensure the accurate identification of the true creators in design applications and to improve the efficiency of research and development result management in South Korea.

    One of the major changes is the strengthening of procedures for correcting the list of creators (inventors) of a design to prevent misuse, such as adding non-creators as inventors after the examination process. According to the revised Rules, certain restrictions on correcting the listed creators have been imposed by standardizing the correction timeframes and document requirements to ensure that only the true creators are recorded.

    Design applicants are no longer allowed to add new creators between the decision to register and the final registration (after payment). However, corrections are still allowed in cases where the creator's identity does not change, such as modifications of names, minor printing errors, or address updates. Therefore, corrections to add creators are only allowed before the registration decision or after the final registration. Additionally, previously, correction documents only needed to be submitted after the final registration, but now they must be submitted during the examination process, enhancing the accuracy and completeness of creator information.

    Any corrections to the listed creators require the submission of a written explanation detailing the reason for the correction, along with a confirmation document signed or stamped by the design applicant and the affected creators. For example, if the listed creators are A and B but need to be corrected to A and C, the confirmation document must include the signatures or stamps of the design applicant, as well as those of B and C. The revised Rules apply to correction requests filed on or after February 12, 2025.

    In addition, the Rules have been revised to simplify the declaration requirements for national research and development design results management. Unnecessary fields, such as contribution rates, have been removed, and important points have been added to enhance efficiency.

    LEE Chun Moo, the Director of the Trademark and Design Examination Bureau, stated, "These revisions ensure that the true creators are accurately listed during the design application stage, which will help establish clear ownership and prevent potential disputes."

    The full text of this amendment can be accessed on the KIPO website (www.kipo.go.kr) or the Korea Legal Information Center website (www.law.go.kr).

Source:www.law.go.kr