Disclosure before launch can expose a carefully developed design to imitation and reveal product-launch or marketing plans. Managing when a design becomes public is therefore an important business consideration.
However, delaying design registration is also not a good choice. This is because, in principle, it is important to apply for design rights first and secure the rights.
So what should you do if you don't want to release the product yet, but want to secure the design rights in advance?
The system that can be used at this time is the secret design system.
In this article, we will learn about the concept of the secret design system, how to use it, and precautions that companies preparing for design applications should know.
What is the secret design system?
The secret design system is a system that allows the contents of registered designs to be kept secret for a certain period of time without being disclosed.
Generally, when a design is registered, the contents of the design are made public through the design gazette.
However, if you apply for a secret design, the contents of the registered design may not be disclosed for a specified period of time, up to 3 years from the design right registration date.
This allows a business to separate the timing of securing design rights from the timing of public disclosure.
Why do we need a secret design?
Design rights protect the appearance of a product, including its shape, pattern, and color.
However, once a design is registered, the design details are, in principle, made public.
If the design of a new product is released before its launch, the following issues may arise:
- Potential for competitors to quickly develop similar products
- Exposure of product images and strategies before launch
- Reduced effectiveness of new product launches
- Weakened brand differentiation strategy
Particularly for products with critical time-to-market and marketing schedules, managing the timing of design release is critical.
The secret design system is a system that helps companies secure design rights in these situations while strategically adjusting the timing of product disclosure.
In what cases can secret designs be used?
1. When a new product is about to be launched
This can be used when the product release schedule is set, but design applications need to be processed in advance.
For example, if there are several months left until the release of a new product, it is helpful in securing design rights and coordinating the timing of product release.
2. When preparing for large-scale marketing
You can use it when you want to release a product at a specific time, such as a new product announcement event, advertising campaign, or brand launch.
Marketing effectiveness can be maintained by preventing design information from being disclosed before launch.
3. When preparing for overseas launch
If each country has different release schedules, it is necessary to strategically manage the timing of design release.
If you review not only domestic design registration but also overseas design application plans, you can establish a more efficient design protection strategy.
4. When developing seasonal products
It is also valuable for products where the timing of release is important, such as fashion products, household goods, interior products, and electronic products.
In particular, managing the timing of release is more important for seasonal new products or products that are greatly influenced by trends.
Key advantages of secret design
- Reduce the risk of new product design leaks
If you apply for a secret design, the specific details of the registered design may not be disclosed for a certain period of time while securing the design right.
This reduces competitors' opportunities to analyze the design before the product is launched.
- Rights management possible according to product release schedule
The timing of design registration and product disclosure can be adjusted, enabling strategic rights acquisition tailored to development schedules and marketing plans.
- Strengthening ability to respond to competitors
Reducing the exposure of design information before market launch can also help counter competitors' imitative products.
- Maintain brand differentiation
By managing design information until the time of new product release, you can effectively convey the impression of a new product to consumers.
Things to check before applying for a secret design
Secret designs are a useful system, but they do not apply equally in all situations.
- Check when to apply
Secret designs must be applied for in accordance with the procedures and periods prescribed by law during the design application process.
Therefore, it is recommended to review it along with the product release schedule during the design application planning stage.
- Set confidentiality period
Secret designs are not a system that is maintained permanently.
An appropriate confidentiality period should be established, taking into account the product launch schedule, promotional plan, and timing of market entry.
- Review whether rights can be exercised
Even in the secret design state, the design right itself accrues normally.
However, in cases where it is necessary to exercise rights, such as in response to actual infringement, procedures and requirements related to undisclosed designs may need to be reviewed together.
Many companies believe that the product design is made public as soon as they file a design application.
However, by utilizing the secret design system, the securing of design rights and the timing of product disclosure can be managed separately.
In particular, for companies where security is important before launching a new product, it is necessary to review the disclosure schedule and rights securing strategy from the design application stage.
However, since secret designs must meet legal requirements such as application period and retention period, it is important to review them in consideration of product development schedule and business strategy.
If you are considering when to reveal a design ahead of the launch of a new product, or are considering the possibility of using a secret design, consult with an expert to come up with a design protection strategy suited to the characteristics of the product.
This article reflects the information available when it was published. Contact us to discuss your circumstances.