Q. For the Korean Design Registration registered in South Korea, when the next annuity is due after the initial registration?

A. A design registration can be protected until twenty years from the filing date of application provided that further annuities are paid on time in one or several year increments. The further annuities for the following year(s) should be paid until the current term of protection ends. Because the registration fee is the 1st through 3rd year annuity fee, the design registration is initially protected for three years. Therefore, the first next annuity, the 4th year annuity, should be paid by the three (3) years from the date of registration.

<Example>

The registration date of the design is 20 February 2021. The first next annuity fee, the 4th year annuity, is due on 20 February 2024. When the 4th through 6th year annuity is paid together by 20 February 2024, the 7th year annuity is due on 20 February 2027.

Article 79 (Design Registration Fees)(1) A person granted a design right registered under Article 90 (1) shall pay a design registration fee (hereinafter referred to as “registration fee”) for three years from the date the grant of the right is registered, and the owner of a design right shall pay a registration fee for one year thereafter on or before each anniversary of the registration date of the grant of the relevant right.

(2) Notwithstanding paragraph (1), the owner of a design right may pay registration fees for several or all subsequent years in lump sum in the order of the years for which the payment will become due consecutively.

<For more information>

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