Businesses increasingly sell coordinated sets of products rather than individual items alone.
For example, the design of the individual products themselves is important for coffee cup sets, tea cup sets, tableware sets, cutlery sets, etc., but the sense of unity and harmony created by the entire set has a great influence on consumers' purchasing decisions.
Especially in the case of premium product lines where brand image is important, the design of the entire set can be a key element of product competitiveness.
However, when many companies launch set products, they only register individual product designs and do not separately protect the design value of the entire set.
In this case, there may be limits to protecting the unified image and aesthetic value of the entire set.
Today, we will learn about the ‘design of a set of items’ system and the design protection strategy for set products under the Design Protection Act.
What is the design of a set of items? (In practice, it is also called ‘set design’)
The Design Protection Act stipulates that a system in which multiple products that meet certain requirements can be registered as one design is called 'design of a set of products'.
This is a system that allows for the entire combination to be protected as one design when two or more items are used together to create a unified aesthetic.
For example, the following product lines may be representative:
- coffee cup set
- Accessories set
- tea set
- cutlery set
In practice, this system is often called 'set design' to make it easier to understand, but under the Design Protection Act, the official name is 'design of a set of articles'.
However, not all product combinations can be registered as a design for a single product. It must correspond to a set of goods as determined by the Korean Intellectual Property Office, and registration is possible only when unity as a whole set is recognized.
How does a design for a set of articles differ from a multiple-design application?
'Design of one set of articles' and 'multiple design application' are often confused in that they are both systems related to multiple designs.
However, their purposes and protection methods are quite different.
design of a set of articles
- It is assumed that several items are used together
- Protects the unified aesthetic of the entire set
- Examined and registered as a single design
Example) Coffee cup set, tableware set, tea set
Multiple design applications
- Procedure system for submitting multiple designs as one application
- Each design has independent rights
- Items do not necessarily have to be used together
Example) When filing a cup design, tumbler design, dripper design, and server design in one application
In other words, there is a difference in that the design of a set of goods is a 'system that protects the entire set', and a multiple design application is a 'system for efficiently filing multiple individual designs.'
Why might individual design registration alone be insufficient?
Consumers often value the harmony and unity felt across a set rather than individual products.
For example, consider a set of premium coffee mugs.
Consumers do not simply look at the shape of a cup;
- Harmony of cup and saucer
- Design unity across multiple components
- Colors and concepts throughout the set
Consumers assess these features together.
Therefore, if only individual products have been registered for design, there may be limits to the scope of protection for the unified aesthetic created by the entire set.
Advantages of registering a design for a set of items
1. Protect the unified aesthetic of the entire set
In set products, overall harmony and unity are often more important than individual components.
Registering the design of a set of items helps protect the design concept of this set as a whole.
2. Securing grounds for response to products that imitate the entire set
If a competitor has implemented a similar structure and unified aesthetic of the entire set, this may be grounds for exercising the right.
It can be especially useful in markets where consumers perceive the entire set as a single product image.
3. Strengthening design portfolio
With design registration of a set of items
- Individual design registration
- Partial design registration
- Related design registration
Combining these forms of protection can create a more comprehensive design portfolio.
How best to protect the set product design?
In practice, it may be difficult to respond to all situations by registering the design of one set of items. Depending on the type of infringement, the entire set may be imitated, or only specific components may be imitated.
Therefore, if you want to secure stronger rights, you can consider the following multi-layered protection strategy.
- Registering the design of a set of items: protecting the unified aesthetic of the entire set
- Individual design registration: secure independent rights for each component
- Partial design registration: Intensive protection of core design elements
- Related design registration: Expands the scope of rights to subsequent modified designs
Set products have value beyond simply selling several products together.
Consumers often choose a product based on the sense of unity and completeness of design throughout the set.
Therefore, if you are developing a set product, you need to review how to protect not only the design of each individual product but also the design value of the entire set.
If you are developing a set product or would like to expand the scope of design protection for an existing product line, please review the optimal rights strategy with an expert.
This article reflects the information available when it was published. Contact us to discuss your circumstances.