Q. Regarding the South Korean part of an International Design Registration (Hague) with a priority claim, until when the priority document needs to be submitted before the Korean Intellectual Property Office?

A. Please be informed that, in case of the applicant of an international design application claims priority to an earlier application, the priority document must be submitted within three (3) months from the international publication date. And then, the substantive examinations of the application will be carried out by the examiner of the Korean Intellectual Property Office (KIPO). When refusal reasons for refusal have been found, a provisional refusal will be issued against an international design application. When no refusal reasons for refusal have been found during the substantive examinations, an international design will be granted protection.

Article 51 (Priority Claim under Treaty)(1) For the purpose of applying Article 33 or 46 to cases where a national of a member State to a treaty that recognizes the priority of a national of the Republic of Korea in filing an application for design registration files an application for registration of a design in the Republic of Korea after filing an application for registration of an identical design in the member State or another member State and claims priority, the date an application for design registration is filed in the member State or another member State shall be deemed the date another application for design registration is filed in the Republic of Korea. The foregoing shall also apply where a national of the Republic of Korea files an application for registration of a design in the Republic of Korea after filing an application for registration of an identical design in a member State to a treaty that recognizes the priority of a national of the Republic of Korea in filing an application for design registration.

(2) No person who intends to claim priority under paragraph (1) shall claim the priority, unless he or she files an application for design registration within six months from the filing date of the initial application on which the priority claim shall be based.

(3) A person who intends to claim priority under paragraph (1) shall state his or her intention, the name of the State in which the initial application was filed, the filing date of the initial application filed for design registration.

(4) A person who claims priority under paragraph (3) shall submit either of the following documents specified in subparagraph 1 or 2 to the Commissioner of the Korean Intellectual Property Office within three months of the application for design registration: Provided, That the documents specified in subparagraph 2 shall apply only to countries specified by Ordinance of the Ministry of Trade, Industry and Energy.  <Amended on Mar. 21, 2017>

1. Documents stating the filing date of the application for design registration, recognized by the government of a country in which the application is first filed, and a certified copy of the drawing of the design;

2. Documents stating matters required by Ordinance of the Ministry of Trade, Industry and Energy, including the serial number of the application for design registration issued in the country where the application was first filed and other information evidencing that the application is filed.

(5) If a person who claims priority under paragraph (3) fails to submit documents specified in that paragraph within a period specified in paragraph (4), the priority claim shall become invalid.

Article 188 (Special Cases concerning Priority Claims under Treaty)In applying Article 51 (4) to applications for international design registration, “the filing date of an application for design registration” in the aforesaid provisions shall be construed as “the date the international registration was published under Article 10 (3) of the Hague Agreement”.

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