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IP Newsletter | Winter 2018/19
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TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION
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For Korean Design Applications, Priority Claims to U.S. Applications Now Easier to File, and Vice-Versa
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Prior to September 2017, in order for a Korean design application to claim priority to an earlier foreign application, it was required to submit a priority document certified by the government of the foreign country.
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The Design Protection Act (DPA) was amended effective September 22, 2017, and one change was to make it easier to prove priority claims for design applications, although the subsequent implementing Enforcement Regulations of the DPA clarified that any alternative option for proving priority claims would apply only to countries with a system in place to electronically exchange priority documents with KIPO.
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KIPO further clarified that only countries who have specifically agreed with WIPO to deliver priority documents through the WIPO Digital Access service would qualify as having such a "system in place."
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China was the first country to meet these requirements for simplified priority claims, and beginning December 1, 2018, the U.S. became the second country to meet these requirements. As a result, design applicants in South Korea with a priority claim based on an application in the U.S., rather than submitting a certified priority document, can simply indicate the priority application details, including the application number and application filing date, together with the WIPO digital access code issued in the U.S. The same applies to design applicants in the U.S. with a priority claim in South Korea, thus making it easier in both countries to file priority claims to design applications in the other country.
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For more information, please visit our website: www.ip.kimchang.com
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