On May 1, 2025, South Korea’s National Assembly passed significant amendments to the Design Protection Act (DPA), aiming to improve the integrity of design registrations and strengthen the protection of legitimate design owners. The changes target three key areas:
- Stricter Rejection Criteria in Partial Examinations
Design applications in Korea may undergo either full or partial-substantive examination, depending on their classification. Under the partial examination process, designs are typically registered after only minimal review. However, the revised law empowers examiners to reject applications that clearly lack novelty or conflict with pre-existing designs. This change is intended to prevent misuse of the system, particularly attempts to register previously disclosed designs for improper enforcement.
- Extended Opposition Period
Previously, third parties had only three months from the publication date to oppose a design registered via partial examination. The amendment extends this window to three months from when an infringement notice is received, with an absolute limit of one year from the publication date. This extension provides more time for affected parties to challenge questionable design registrations.
- New Legal Path to Establish Design Ownership
Until now, those contesting design ownership had to invalidate the registered design at the Intellectual Property Trial and Appeal Board (IPTAB) and reapply under their name—a complex and costly process. The amendment introduces a more efficient solution: courts can now directly order the transfer of design rights if the claimant proves legitimate ownership, simplifying disputes and improving access to justice.
These amendments mark a significant shift toward greater transparency, fairness, and protection in South Korea’s design registration system.
