SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Chulgun Lim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
3.8 Copyright Application Requirements An author may apply for copyright registration for cop - yrightable works. The application should be submitted to the KCC with the following attached: • a copy of the work; • a copy of the author’s ID; and • copyright application details (eg, work type, form of reproduction, creation and publication dates). Applications can be made both offline and online, and incur the following registration costs: • for a single general work: KRW33,600 for offline and KRW23,600 for online; and • for program work: KRW63,600 for offline and KRW53,600 for online. 3.9 Refusal of Registration The KCC may refuse a registration application if: • the subject matter is not a work of authorship or is not protectable; • the applicant lacks authority to register; or • the required documents are not attached. In such case, the applicant has one month from the date of refusal to file an objection to the KCC. If the objection is dismissed or rejected, the applicant may file an administrative appeal or litigation. 3.10 Related Rights Copyright protection is generally not excluded by the TMA or the Design Protection Act. Even if a figure constitutes a trade mark, it can be protected as a work under the CA if it meets the requirements of a copy - rightable work. Furthermore, an industrial design can be registered and protected under the Design Pro - tection Act if it meets the requirements of industrial applicability, novelty and creativity.
trade marks can receive certain protections under the UCPA. A mark with weak distinctiveness gener - ally cannot be registered, but it can be registered for the specific good on which it was used if it acquires
distinctiveness through use. 4.2 Trade Mark Register
The Ministry of Intellectual Property (formerly the Kore - an Intellectual Property Office) (MOIP) handles trade mark registration and maintains a trade mark regis - ter, which can be freely accessed on MOIP’s website. General information on registered trade marks can be freely accessed through MOIP’s information search service, KIPRIS. Considering the first-to-file rule for trade mark regis - tration, it is normal practice to search through KIPRIS or WIPS (paid service) for prior registered trade marks and prior filings before applying for registration. 4.3 Term of Registration Trade Mark Term and Renewal See 2.3 Trade Mark Rights regarding the term of trade marks. An application to renew the term can be made from one year before the expiration of the term to within six months after its expiration. If the renewal application is not filed within this period, the trade mark right expires and cannot be revived. No additional requirements are needed for the renewal registration, other than the application submission and fee payment. Updating Registration Trade mark owners can file to add designated goods to their trade mark. If the addition is granted, the term of the trade mark for the additionally registered goods is the same as that of the existing trade mark. If the owner so wishes, designated goods can be excluded by specifying them in and during the renewal applica - tion. 4.4 Application Requirements Trade Mark Registration Requirements A trade mark must have distinctiveness (where dis - tinctiveness is lacking, see 2.2 Essential Elements of Trade Mark Protection ) and no other ground for non- registration in order to qualify for registration.
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
Trade mark rights under the TMA arise from regis - tration, not from use, although unregistered famous
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