Q. Regarding the South Korean part of an International Design Registration (Hague) which is granted registration before the expiry of initial five-year term from the date of International registration, could you let us know when is the first renewal due date?

A. Please be informed that the term of protection for a Hague design registration is Twenty (20) years from the international filing date. Your international design registration is valid until the initial period of 5 years from the date of international registration and can be renewed every 5 years. Thus, to renew your international design registration, you must make a request for renewal and pay the required fees to the WIPO before each 5-year period ends.

Article 199 (Special Cases concerning Duration of Design Rights)(1) An internationally registered design right shall arise on the date the grant of the design right is registered in the Republic of Korea under Article 198 (2) and shall remain effective until the fifth anniversary of the date of the international registration under Article 10 (2) of the Hague Agreement (hereinafter referred to as the “date of the international registration”): Provided, That a design right, the grant of which is registered in the Republic of Korea under Article 198 (2) according to a decision rendered after the fifth anniversary of the date of the international registration (hereafter referred to as “expiry date of the international registration” in this paragraph) to register the design right, shall arise on the registration date of the grant of the right and shall remain effective until the fifth anniversary of the expiry date of the international registration.

(2) The duration of an internationally registered design right under paragraph (1) may be renewed for additional five consecutive years under Article 17 (2) of the Hague Agreement.

<For more information>

E-mail: hwangpa@hwangpa.com

TEL: 82-2-571-6211~4  /  FAX: 82-2-571-7300

Web page: www.hwangpa.co.kr