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Newsletters and Bulletins / December 1997 / Korea (South) |
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Korea (South) - Revision of Design Law The Korean law relating to designs has been revised and will come into effect on March 1, 1998. The main features are summarized below. 1) The maximum term of protection will be extended from ten to fifteen years.
2) A new system is to be introduced for designs which the applicant designates as having only a short commercial life. For designs that are so designated, as long as they comply with criteria established by the Korean Patent Office, applications for protection will be subject only to a formalities examination, as opposed to the normal novelty examination. Designs registered under such provisions will, however, be subject to the possibility of opposition after registration. Multiple designs may be included in a single "formalities examination only" application. 3) An exception from the general rule of an absolute novelty requirement will permit a designer to file an application up to six months from the date on which novelty was lost, irrespective of the way in which novelty was lost. |
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