KOREA (SOUTH)

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Classification

International, Nice Classification;
Multi-class;
Goods and services can be registered.

International Arrangements

Convention priority can be claimed.

Renewal

10 years from the registration date and every 10 years thereafter.

Use Provisions

Non-use of a mark for a period of 3 years from registration renders it open to an action for cancellation by third parties.

Patent information

Types of Patent

PCT national phase;
Substantive with or without priority claim.

International Arrangements

Convention priority can be claimed.

Duration

20 years from the effective filing date.

Renewal

Annuities are payable after examination of a patent application but prior to grant of a patent, and the fees for the first three years must be paid together with the registration fees, within three months of receipt of the decision to grant a patent.

design information

Types of Design

International Arrangements

Convention priority can be claimed.

Duration

Under the revised Design Act, in cases where the filing date is on or after 1st July 2014, the term of a design right expires after 20 years from the Korean filing date.

Renewal

The 1st to 3rd year renewal fees are due upon receiving the decision to grant a design registration from the Designs Registry.  The 4th to 20th renewal fees may be paid annually, or as a lump sum payment.

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