Hello, this is IPLEX IP Law Firm.
If you are a company that is developing products, you should have thought about this at least once.
Do I have to register?Shouldn’t we just make the product better?
Businesses may focus on product functionality and production while overlooking protection for one of their most visible assets: design.
However, launching a product without protecting the design can lead to bigger problems than expected.
Today, we’re clearing up the critical risks of not protecting your product design.
Design is replicated much faster than technology.
Appearance can often be imitated quickly. Whereas copying a technical function may require analysis, visible design features can be observed as soon as the product is released.
Imitations of cosmetic containers, household goods, electronics, packaging, furniture, and industrial products can appear soon after launch.
Online distribution can accelerate the spread of similar designs and low-priced products. Without design registration, the available response may be more limited, although other IP or unfair competition protections can sometimes apply.
"Is it OK to launch first?" - Limitations of Legal Protection
A lot of companies say, “We’re going to get there first.” However, the design right must be registered to be effective.
Launching first does not itself create a registered design right. Without registration, obtaining an injunction or damages on the basis of design rights is difficult, although other legal grounds may need to be considered.
Rather, if a competitor modifies the design and registers it first, the company that created the original product may get a backlash warning.
In this case, you will need to modify the product, stop selling it, or proceed with a dispute.
As a result, time and cost are greatly increased.
The key to distribution platform competitiveness is 'design right'
Recently, major commerce platforms such as Coupang, Amazon, and Naver Smartstore have been strengthening their protection policy based on intellectual property rights.
- When you have the right: A substantiated infringement report may lead a platform to suspend an infringing listing under its procedures.
- When you have no rights: It is very difficult to be protected without an objective certificate of rights (registration) even if you are protesting against the platform's customer service.
After all, the design registration goes beyond mere legal process and is a 'competitiveness' in itself.
Design protection should be part of an overseas expansion plan.
If you are thinking about entering the global market, especially in China or Southeast Asia, design protection is even more urgent.
In the overseas market, design imitation, low-cost product production, and faster replication are more active. As soon as the design is unveiled through an overseas online platform, copy products from around the world are pouring in.
Without design protection in the relevant target market, imitation may undermine distribution channels and market access built through substantial investment.
Therefore, if you are a company considering overseas sales, it is important to prepare a design protection strategy together before the product launches.
Golden Time of Design Protection: 'Before Release'
The design protection strategy should be completed before launch, not after product release.
After a product has already been known to the market, it does not meet the "novelty" requirements, and there is a high risk of design registration being rejected or canceled.
So many companies are working together on a design application from the product development stage. It must be accompanied by a review by experts who set the protection from the product development stage and design a roadmap for securing domestic and international rights.
Product design is not just an appearance, it is a competitive and market protection measure for companies.
Failure to protect the design can result in a variety of risks, including the appearance of imitation products, failure to secure rights, risk of sales restrictions, and problems with entry abroad.
If you're ready to launch a product or need a design protection strategy, check with an expert before you launch.
This article reflects the information available when it was published. Contact us to discuss your circumstances.