Introduction

On 21 October 2021 an amendment to the Design Protection Act that allows for the protection of functional projected image designs (eg, holograms, augmented reality and projected displays) will take effect.

With the advancement of technology, projected displays are becoming increasingly commonplace. Various other leading IP jurisdictions have already expanded the scope of protection available for such new developments to accommodate this trend.

Existing legislation

Currently, image designs (including graphical user interfaces and icons) are protectable in South Korea only when displayed within a defined screen or panel of a physical article. Designs which are realised in an undefined space outside a physical design article or projected onto any other external surface fall outside the scope of available protection. The Korean IP Office (KIPO) Design Examination Guidelines provide two examples of non-protectable designs (Figure 1), in both of which the projected display is located outside the physical design article.

Figure 1: examples of designs that are not protectable under existing legislation

Specifics of amendment

The key features of the amendment are as follows:

  • The definition of the term 'design' in Article 2(1) of the Design Protection Act will be expanded to include projected images.
  • A new sub-clause (Article 2(2)(2)) will be added to the Design Protection Act to define projected images as figures or symbols expressed using digital technology or electronic means. However, this will be limited to designs that are used to operate a device or that otherwise exhibit a function.
  • The definition of the term 'working of a design' (Article 2(7) of the Design Protection Act), which previously covered only physical design articles, will be expanded to include the production, use or online transmission of projected image designs (ie, as data) as well as the assignment, rental, export or import of physical media containing a projected image design.

A recent KIPO press release contained various examples of designs which may be protectable in the future (Figures 2 to 5).

Figure 2: virtual keyboard design(1)

Figure 3: smart bracelet design(2)

Figure 4: projected piano design(3)

Figure 5: smart car headlights design(4)

Comment

Following the revision, which will apply to design applications filed on or after 21 October 2021, a new category of design protection will be available in South Korea. It is expected that there will be widespread interest in this development from applicants in various technology fields.

Endnotes

(1) Source: www.brookstone.com.

(2) Source: www.cicret.com.

(3) Source: www.sony.com.

(4) Source: www.daimler.com.