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Related Design System

(1) Abolished Similar Design System

Under the former similar design system, upon the acceptance of an application directed to a similar design, the similar design was held to be within the scope of the similarity of the principal design. That is, the similar design was united with that of the principal design. Thus, the scope of the similar design right was limited to that of the principal design. The similar design system has been abolished.

The similar design had its own scope of similarity, needless to say, but it did not have an effect on a design that exceeds the scope of the principal design. A similar design could not expand the scope of the principal design as illustrated in Fig.1

similar design

 

(2) Main Characteristics of the Related Design System

However, under the current related design system, one can confirm that a registered related design has a scope that is within the scope of the principal design, but also the scope of the registered related design can reach the scope of similarity of itself. This new scope afforded by the new related design system will support a claim for injunction and a claim for damages. Under the former similar design system, these claims were not been allowed. Figure 2 illustrates this new effect.

related design image

 

Under the related design system, the scope of a principal design can be enlarged. However, just like under the former system, a related design that is similar only to any one of the related designs cannot be registered.

The date of application for a related design must be on or after the date of application for its principal design but prior to the publication date of the Desgin Gazette stating the principal design application.

The registration of a related design cannot be transferred, licensed or pledged separately from the registration of a principal design. Even when the registration of the principal design has terminated for a reason other than the expiration of its term, the registrations of the related designs cannot be transferred, licensed or pledged separately.