Lee International

Under the amended Design Act, which took effect as of October 21, 2021, images from websites, images displayed on external surfaces such as walls, roads or human bodies, and videos of virtual reality (VR) and augmented reality (AR) can all be registered as a design as shown in the Examples below.  In the past, only images displayed on physical screens or panels were registrable as a design by the Korean Intellectual Property Office.

Specifically, the screen image used for the operation of a device or exhibits a function is registrable as a screen image design.  Screen images or videos such as images of TV broadcasting, movies and landscape photographs, which merely display contents and do not exhibit a function, are not registrable as a screen image design.

In addition, under the amended Design Act, it is required to indicate the purpose of the design in the title when filing an application for a screen image design, except when filing an application for the design of a graphical user interface (GUI) or an icon that possesses an obvious purpose.  For instance, an application for a screen image design now needs to be filed with a title such as “screen image for telecommunication use,” “screen image for medical information processing,” “screen image for indicating information,” etc.

Furthermore, the use and online transmission of a design that is similar or identical to a registered screen image design constitutes a design infringement regardless of the physical panel on which the design is displayed.  In the past, an infringement of a screen image design was acknowledged only if a third party used a screen image design on a similar or identical physical panel as that of the registered design.

With the race to develop new technologies and the increased importance in design innovation, it is expected that the enhanced screen image design protection will bring about a revolutionary change in the design industry.