South Korea, Taiwan, Turkey: Design Law Updates

Significant recent changes to the local design laws in the Republic of Korea, Taiwan, and Turkey, are discussed below. Each of these may help design owners expand the range of protectable designs and of available design protections.

South Korea—Broadened Scope of Designs Eligible for Registration

The Korean Intellectual Property Office recently amended its examination guidelines for registered designs, making it easier to meet the design "creativity" eligibility requirement. Effective January 1 2017, these guidelines require examiners to base any rejections citing lack of creativity on substantial evidence, and not on mere contentions that the design at issue comprises recognized geometric shapes or other assertedly minimalist shapes or patterns. This evidence could comprise cited prior art designs or evidence that the design reflects ways of expression that are common in the particular design field.