February 14, 2025
Amendment to the Enforcement Rule of the Design Protection Act to ensure the “True Creator”of the Design
The Korean Intellectual Property Office (KIPO), led by Commissioner KIM Wan Ki, has announced the partial amendments to the Enforcement Rule of the Design Protection Act, effective February 12, 2025. The aim of the amendments is to ensure accurate identification of the true creator in design applications and to improve the efficiency of national R&D achievement management.
A key change strengthens the process of making corrections to the listed creator (inventor) of a design to prevent misuse, such as the addition of non-creators as inventors after the examination process. Under the revised rule, corrections to the listed creator are partially restricted by regulating the time frame for corrections and changing document requirements to ensure that only the true creator is recorded.
A design applicant cannot add a new creator between the time a decision of registration is made and the final registration (after fees payment). However, corrections are still allowed in cases where the creator's identity remains unchanged, such name modifications, minor typographical errors, or address updates. Therefore, corrections to add a creator are permitted only before the registration decision or after the final registration. Also, supporting documents for corrections were previously required to be submitted only after final registration, but now must be submitted during the examination process, reinforcing the accuracy and integrity of creator information.
Any corrections to the listed creator require the submission of a written explanation detailing the reason for the correction, along with a confirmation document signed or sealed (stamped) by both the design applicant and the affected creators. For example, if the listed creators were A and B but need to be corrected to A and C, the confirmation document must include the signatures or seals of the design applicant, as well as both B and C. The revised regulations will apply to correction requests submitted on or after February 12, 2025.
Additionally, an amendment was also made to streamline the filing requirements for managing national R&D design achievements. Relevant documentations have been revised by removing unnecessary fields, such as the contribution ratio, and important notices have been added to enhance efficiency.
The Director General of Trademark & Design Examination Bureau, LEE Chun Moo, stated, "These amendments ensure that the true creator is accurately listed from the design application stage, which will help establish clear ownership rights and prevent potential disputes."
The full text of this partial amendment can be accessed on the KIPO website (www.kipo.go.kr) or Korean Law Information Center (www.law.go.kr).