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What changed in the Korean Design Protection Act in 2025?

Brief summary

  • Four amendments to the Design Protection Act (디자인보호법) entered into force in 2025. The enforcement dates are 22 July, 1 October, 11 November and 28 November.
  • Two of them changed the system. On 22 July, the cap on damages for willful infringement rose from 3 times to 5 times the amount recognized as damages. On 28 November, the following entered into force: the “features of the creation” (창작내용의 요점) were deleted from the drawing, a ground was added for rejecting an application for registration of a partially-examined design (디자인일부심사등록출원), a person who has received a notice concerning infringement can file an opposition, and a claim for transfer of the design right was introduced.
  • The scope of application differs for each amendment. The 5 times cap applies to violations that occur on or after 22 July 2025. The 28 November amendment applies to applications for design registration filed on or after that date. The claim for transfer of the design right and the non-exclusive license by working (practice) before the transfer registration (Arts. 96-2 and 100-2) also apply to design rights whose grant was registered as of that date.

This article was verified on 9 October 2026 by comparing the versions by enforcement date in the Korean Law Information Center (국가법령정보센터) of the Ministry of Government Legislation (법제처). The next verification date is 16 March 2027, the enforcement date of the next amendment (Act No. 21951).

Last verified

What changed

The four amending Acts that entered into force in 2025 are listed below. [1][2][3][4][5]

Enforcement date Act Date of promulgation Type of amendment Provisions changed Scope under the Addenda
22 July 2025 Act No. 20692 21 January 2025 Partially amended Art. 115(7) Violations that occur on or after the enforcement date
1 October 2025 Act No. 21065 (Government Organization Act) 1 October 2025 Amended by another Act 72 Articles and the title of Chapter IX, Section 1 In force from the date of promulgation
11 November 2025 Act No. 21134 (Act on the Designation of Workers’ Day) 11 November 2025 Amended by another Act Art. 16, subparagraph 4 In force from the date of promulgation
28 November 2025 Act No. 20962 27 May 2025 Partially amended Arts. 37, 62, 68, 89, 96-2, 100-2, 121 and 181 Applications for design registration filed on or after the enforcement date. Arts. 96-2 and 100-2 also apply to design rights whose grant was registered as of the enforcement date

The previous and amended wording of each provision is as follows. The “Previous” column shows the version immediately before each amending Act entered into force. [1][2][3][4]

Provision Enforcement date Previous Amended
Art. 115(7) 22 July 2025 Damages for willful infringement: within a range not exceeding 3 times the amount recognized as damages Within a range not exceeding 5 times
Name of the authority in 72 Articles 1 October 2025 Korean Intellectual Property Office (특허청), Commissioner of the Korean Intellectual Property Office (특허청장) Ministry of Intellectual Property (지식재산처), Minister of Intellectual Property (지식재산처장)
Delegations to subordinate statutes in those Articles 1 October 2025 Ordinance of the Ministry of Trade, Industry and Energy (산업통상자원부령) Prime Ministerial Decree (총리령)
Title of Chapter IX, Section 1 1 October 2025 International applications via the Korean Intellectual Property Office International applications via the Ministry of Intellectual Property
Art. 16, subparagraph 4 11 November 2025 Public holidays include “Workers’ Day (근로자의 날) under the Designation of Workers’ Day Act (근로자의날제정에관한법률)” Public holidays include “Workers’ Day (노동절) under the Act on the Designation of Workers’ Day (노동절 제정에 관한 법률)”
Art. 37(2), subparagraph 2 28 November 2025 Matters stated in the drawing: a description of the design and the features of the creation A description of the design
Art. 62(5) 28 November 2025 None (the previous paragraph (5) moved to paragraph (6)) Where it is clear that an application for registration of a partially-examined design falls under any subparagraph of Art. 33(1), or cannot be registered under Art. 46(1) or (2), the examiner may decide to reject the application
Art. 62(6) (previous paragraph (5)) 28 November 2025 Rejection of only some designs in an application for registration of multiple designs: where a decision to reject is made under paragraphs (1) through (3) Where a decision to reject is made under paragraphs (1) through (5)
Art. 68(1), main clause 28 November 2025 Any person may file an opposition from the date the grant of the design right is registered until the day that falls 3 months after the date the registration of a partially-examined design is publicly announced In addition to the previous period, a person who has received a notice concerning infringement of the design right may file an opposition until the day that falls 3 months after the date of receiving that notice
Art. 68(1), latter part and proviso 28 November 2025 Latter part: for a design registration under an application for registration of multiple designs, an opposition is filed for each design The content of the latter part moved into the main clause. New proviso: an opposition based on a notice concerning infringement cannot be filed once 1 year has passed from the date of public announcement
Art. 89(3) 28 November 2025 None A new registration certificate is issued where the transfer of a design right is registered under Art. 96-2(2)
Art. 96-2 28 November 2025 None Claim for transfer of the design right (3 paragraphs)
Art. 100-2 28 November 2025 None Non-exclusive license by working before the transfer registration (2 paragraphs)
Art. 121(1), former part of the part with the exception of the subparagraphs 28 November 2025 An interested party or an examiner requests a trial to invalidate In the case of the main clause of subparagraph 1, the interested party is limited to a person who has the right to have the design registered
Art. 121(1), subparagraph 1 28 November 2025 Where the registrant does not have the right under the main clause of Art. 3(1), or cannot obtain registration under the proviso of that paragraph Where the registrant does not have the right under the main clause of Art. 3(1), or Art. 39 is violated. However, the case where the transfer is registered under Art. 96-2(2) is excluded
Art. 121(1), subparagraph 2 28 November 2025 Where the registration violates Arts. 27, 33 through 35, 39, or 46(1) or (2) Where registration cannot be obtained under the proviso of Art. 3(1), or the registration violates Arts. 27, 33 through 35, or 46(1) or (2)
Art. 181(3) 28 November 2025 The features of the creation in Art. 37(2), subparagraph 2, and Art. 37(3) do not apply to applications for international design registration Art. 37(3) does not apply to applications for international design registration

The text of each amendment was read and the versions before and after were compared by machine. The provisions whose text differs are only those in the table above. [1][2][3][4] The version that entered into force on 28 November 2025 is the current Design Protection Act as of 9 October 2026. [5]

22 July: the cap on damages for willful infringement rose to 5 times

Act No. 20692 revised one provision, Art. 115(7). [1] The amended Art. 115(7) states that the court may set the damages within a range not exceeding 5 times the amount recognized as damages. [1] The previous cap was 3 times. [1]

The requirement did not change. Art. 115(7) applies where an act that infringed another person’s design right or exclusive license is “found to be willful”. [5] The base amount is the amount recognized as damages under Art. 115(1) through (6). [5] The eight matters considered in determining the damages (Art. 115(8)) were not revised either. [1][5]

Art. 2 of the Addenda provides that the amended Art. 115(7) applies “to violations that occur on or after the date this Act enters into force”. [1] The Addenda to Act No. 20692 consist of only two Articles: Art. 1 (enforcement date) and Art. 2 (applicability provision). [1]

The same system for patent infringement is covered in “When are enhanced damages available in Korea?”.

1 October: the Korean Intellectual Property Office became the Ministry of Intellectual Property

The amendment of 1 October 2025 changed the name of the authority and the type of subordinate statute. Art. 7 of the Addenda to the Government Organization Act (정부조직법) (Act No. 21065) revised the Design Protection Act. [2]

  • “Korean Intellectual Property Office” became “Ministry of Intellectual Property”, and “Commissioner of the Korean Intellectual Property Office” became “Minister of Intellectual Property”. [2]
  • In the delegations to subordinate statutes, “Ordinance of the Ministry of Trade, Industry and Energy” became “Prime Ministerial Decree”. [2]
  • The title of Chapter IX, Section 1, became “International applications via the Ministry of Intellectual Property”. [2]

Act No. 21065 entered into force on 1 October 2025, the date of its promulgation (Addenda, Art. 1, main clause). [2] The text of the amendment lists 72 Articles of the Design Protection Act, and the Articles whose text differs from the immediately preceding version are those same 72. [2] The words that changed are the three above. [2]

The Government Organization Act also revised the wording of Act No. 20962, which had not yet entered into force at that time. It changed “Commissioner of the Korean Intellectual Property Office” in Art. 89(3), which was to be newly inserted, to “Minister of Intellectual Property”. [2] This part entered into force on 28 November 2025, the enforcement date of Act No. 20962. [2][5]

The change of the authority is covered in “What changed when KIPO became the Ministry of Intellectual Property (MOIP) on 1 October 2025?“.

11 November: Workers’ Day in the provision on calculation of periods changed from “근로자의 날” to “노동절”

The amendment of 11 November 2025 is one piece of wording in Art. 16, subparagraph 4. The Designation of Workers’ Day Act (근로자의 날 제정에 관한 법률) was wholly amended into the Act on the Designation of Workers’ Day (노동절 제정에 관한 법률) (Act No. 21134), and Art. 2 of its Addenda revised the Design Protection Act. [3]

The current Art. 16, subparagraph 4, provides that where the last day of a period for a design-related procedure falls on a Saturday or a public holiday, the period expires on the next day. [5] This public holiday includes Workers’ Day (노동절) under the Act on the Designation of Workers’ Day. [5] The previous Art. 16, subparagraph 4, had “근로자의 날” in the same place. [3]

The Act on the Designation of Workers’ Day sets 1 May as Workers’ Day. [3] From 1 May 2026, Art. 2, subparagraph 5, of the Act on Public Holidays (공휴일에 관한 법률) also lists Workers’ Day (1 May) as a public holiday. [10]

28 November: the “features of the creation” were removed from the drawing

Act No. 20962 removed the “features of the creation” from the matters stated in the drawing. The amended Art. 37(2), subparagraph 2, reads “a description of the design”. [4] The previous Art. 37(2), subparagraph 2, read “a description of the design and the features of the creation”. [4]

The current Art. 37(2) sets three matters to be stated in the drawing. They are the article that is the object of the design and its class (category of products), a description of the design, and the serial number of each design. [5] The serial number of each design is stated only in an application for registration of multiple designs (복수디자인등록출원). [5]

The special provision for applications for international design registration (국제디자인등록출원) was revised to match. The previous Art. 181(3) stated that the “features of the creation” and Art. 37(3) do not apply to applications for international design registration. [4] The amended Art. 181(3) states only Art. 37(3). [4]

Subordinate statutes were revised on the same day.

  • The Enforcement Rule of the Design Protection Act (디자인보호법 시행규칙) (Prime Ministerial Decree No. 2061) deleted attached Table 3, which set out how to state the “features of the creation”. [7]
  • The same Rule added subparagraph 14 to attached Table 2 (matters to be stated in the description of the design). Subparagraph 14 is “an explanation of the content of the creation of the design”. It is an item to be stated where an explanation is needed of, for example, the original elements that distinguish the design from publicly known designs. [7]
  • The Enforcement Decree of the Design Protection Act (디자인보호법 시행령) (Presidential Decree No. 35874) deleted the “features of the creation” from the matters published in the Design Gazette for Registration (등록디자인공보) and the Design Gazette for Publication (공개디자인공보) (Art. 10(2), subparagraph 8, and Art. 10(3), subparagraph 8). [6] The proviso of Art. 10(2), which lists the matters published for a secret design after the designated period of confidentiality has passed, was also revised to match and now reads “subparagraphs 2, 7 and 9”. [6]

The requirements for drawings are covered in “What drawings does a Korean design application need?”.

28 November: an application for registration of a partially-examined design can also be rejected for novelty and the earlier application rule

The new Art. 62(5) added one more basis for rejecting an application for registration of a partially-examined design. It covers the case “where it is clear” that the application falls under any subparagraph of Art. 33(1) or cannot be registered under Art. 46(1) or (2). [4][5] The provision states that in that case the examiner “may” decide to reject the application for design registration, notwithstanding Art. 62(2). [5]

The premise that did not change is Art. 62(2). The grounds for rejection of an application for registration of a partially-examined design are set by the subparagraphs of Art. 62(2). [5] Subparagraph 2 of paragraph (2) lists, from Art. 33, “only the part of paragraph (1) with the exception of the subparagraphs, and paragraph (2), subparagraph 2”. [5] The subparagraphs of Art. 33(1) and Art. 46 (earlier application) are not in paragraph (2). [5] There are three subparagraphs in Art. 33(1). They are a design publicly known or worked before the application was filed, a design described in a printed publication distributed, or made available for public use via telecommunications lines, before the application was filed, and a design similar to either of these. [5]

What Art. 62(5) lists is the subparagraphs of Art. 33(1) and Art. 46(1) and (2). [5] Art. 33(2), subparagraph 1, and Art. 33(3) are not stated in paragraph (5). [5] Rejection where information has been furnished (Art. 62(4)) was not revised. [4][5]

The Act does not state what “where it is clear” means. [5] Part 5, Chapter 9, 3.1.4 of the Design Examination Guidelines (디자인심사기준) (MOIP Established Rule No. 4) gives four examples. [8]

  • Where a design identical or similar to a design whose registration was cancelled through an opposition is filed again
  • Where an identical or similar design for which a trial or litigation is pending is filed again, or where a design identical or similar to a design whose invalidation became final and conclusive through that proceeding is filed again
  • Where the same applicant files more than one application for identical or similar designs, or where a third party files a duplicate application for another person’s identical or similar design
  • Any other case where the examiner finds it evident that the design in the application falls under any subparagraph of Art. 33(1), or under Art. 46(1) or (2)

These Guidelines apply to applications for design registration filed on or after 28 November 2025 (Addenda to Established Rule No. 4). [8]

In Art. 62(6) (the previous paragraph (5)), only the range of paragraphs cited changed. Where a ground for rejection exists for only some designs in an application for registration of multiple designs, the decision to reject may be made for those designs only. [5] What this covers changed from a decision to reject under “paragraphs (1) through (3)” to a decision to reject under “paragraphs (1) through (5)”. [4]

The difference between registration of an examined design and registration of a partially-examined design is covered in “What is the difference between registration of an examined design and registration of a partially-examined design in Korea?“.

28 November: a person who has received a notice concerning infringement can file an opposition even after 3 months from the date of public announcement

The amended Art. 68(1) added one more period for an opposition to registration of a partially-examined design (디자인일부심사등록 이의신청). A person who has received a notice concerning infringement of the design right can file an opposition until the day that falls 3 months after the date of receiving that notice. [4][5] However, an opposition based on receipt of a notice concerning infringement cannot be filed once 1 year has passed from the date the registration of a partially-examined design is publicly announced (Art. 68(1), proviso). [5]

The previous period remains as it was. Any person can file an opposition from the date the grant of the design right is registered until the day that falls 3 months after the date the registration of a partially-examined design is publicly announced. [5] The grounds for opposition (the subparagraphs of Art. 68(1)) were not revised. [4][5] The rule that an opposition must be filed for each design, where the design registration is under an application for registration of multiple designs, also remains. [5]

The Act does not state what a “notice concerning infringement of the design right” is. [5] Part 5, Chapter 10, 2.1.2 of the Design Examination Guidelines lists three cases. [8]

  • Where the person has been notified of an allegation of infringement by the owner of the design right or its agent, in a form such as content-certified mail, a written warning, a complaint or a written request for a provisional disposition
  • Where the person has received a request for explanation, a notice, a warning or the like concerning a report of infringement of rights from an e-commerce or content distribution service, including online platforms such as open marketplaces
  • Any other case where the examiner finds it necessary to recognize the person as a person who has received a notice concerning infringement of the design right

The same Guidelines also cover amendment of the arguments and evidence on the notice. The opponent can amend the arguments or evidence on whether the opponent is a person who has received a notice concerning infringement within 30 days from the date the opposition was filed (Chapter 10, 2.3.3). [8] If a written amendment has been filed and the case is still found not to fall under the three cases above, the opposition is dismissed by decision (Chapter 10, 2.3.4). [8] A decision to dismiss an opposition (각하결정) and a determination to dismiss the written opposition (이의신청기각결정) cannot be appealed (Art. 73(6)). [5]

The period for a secret design is stated separately in the Guidelines. Where a person who has received a notice concerning infringement files an opposition to a registration of a partially-examined design that is registered as a secret design, the period also runs until the day that falls 3 months after the date of receiving the notice. [8] The Guidelines state that in this case an opposition cannot be filed once 1 year has passed from the date of public announcement in the Design Gazette for Registration (Chapter 10, 2.3.1). [8] Art. 61(2) of the Enforcement Rule of the Design Protection Act provides that, for an opposition to a secret design registered as a partially-examined design, the date on which the Design Gazette for Registration carrying the drawings or photographs and the description of that design is issued is deemed the date the design registration is publicly announced. [7]

28 November: the legitimate right holder can claim transfer of the design right before a court

The new Art. 96-2 provides for a claim for transfer of the design right (디자인권의 이전청구). Where a design registration falls under the main clause of Art. 121(1), subparagraph 1, a person who has the right to have the design registered can claim transfer of the design registration before a court (Art. 96-2(1)). [5] The main clause of Art. 121(1), subparagraph 1, lists two cases. They are the case where the registrant does not have the right to have the design registered under the main clause of Art. 3(1), and the case where Art. 39 (joint application) is violated. [5]

The statement of reasons for the amendment published by the Ministry of Government Legislation describes this system as one that lets “the legitimate right holder”, “where an ineligible person has registered a design”, acquire the design right. [4]

The effect of the transfer registration goes back to the date the grant was registered. Where the transfer of a design right is registered on the basis of the claim for transfer, the following two rights are deemed to have belonged to the person who obtained the transfer registration from the date the grant of that design right was registered (Art. 96-2(2)). [5]

  • The design right concerned
  • The right to claim payment of compensation under Art. 53(2)

There are also rules on co-ownership. Where the right to have the design registered is co-owned, the claim for transfer means the transfer of the share (parenthetical in Art. 96-2(1)). [5] Where a share in a co-owned design right is transferred under the claim for transfer, the consent of the other co-owners (joint owners) is not required (Art. 96-2(3)). [5] Art. 96(2) provides that a co-owner cannot transfer the share without the consent of the other co-owners, and this is the exception to it. [5]

A non-exclusive license was also newly introduced for a person who was working the design before the transfer registration (Art. 100-2). The requirements are as follows. [5]

Item Content Basis
Who The original owner of the design right of the design registration whose transfer was registered. A person who, at the time of the transfer registration, had already acquired and registered an exclusive license, a non-exclusive license, or a non-exclusive license under that exclusive license Art. 100-2(1), subparagraph 1 and subparagraph 2, main clause
Where registration is not required A person who acquired a non-exclusive license under Art. 104(2) Art. 100-2(1), subparagraph 2, proviso
Subjective requirement Before the transfer registration, the person did not know that the design registration falls under the main clause of Art. 121(1), subparagraph 1 Art. 100-2(1)
Act The person is engaged in, or is preparing for, the business of working the design in Korea Art. 100-2(1)
Scope The scope of the design that the person is working or preparing to work, and of the purpose of that business Art. 100-2(1)
Consideration The person pays reasonable consideration to the owner of the design right whose transfer was registered Art. 100-2(2)

The Minister of Intellectual Property must issue a new registration certificate where the transfer of a design right is registered under Art. 96-2(2) (Art. 89(3)). [5]

28 November: fewer persons can request a trial to invalidate on the grounds of an ineligible person and breach of the joint application rule

The amended Art. 121(1) limited the interested parties who can request a trial to invalidate design registration on the ground in the main clause of subparagraph 1. In the case of the main clause of subparagraph 1, the interested party is “limited to a person who has the right to have the design registered”. [4][5] The wording that an examiner can request a trial to invalidate is unchanged. [5] The previous Art. 121(1) stated the petitioner only as “an interested party or an examiner”. [4]

The grounds for invalidation in subparagraphs 1 and 2 were also redistributed. [4]

  • Violation of Art. 39 (joint application) moved from subparagraph 2 to subparagraph 1. [4]
  • The case where registration cannot be obtained under the proviso of Art. 3(1) moved from subparagraph 1 to subparagraph 2. [4] The proviso of Art. 3(1) provides that an employee of the Ministry of Intellectual Property or the Intellectual Property Trial and Appeal Board (특허심판원) cannot obtain a design registration while in service, except in the case of inheritance or bequest. [5]
  • A proviso was added to subparagraph 1. The case where the transfer is registered under Art. 96-2(2) is excluded from the ground for invalidation in subparagraph 1. [4][5]

Art. 121(1), subparagraphs 3 and 4, and paragraphs (2) through (4) were not revised. [4][5]

The grounds for an opposition to registration of a partially-examined design (the subparagraphs of Art. 68(1)) and the grounds for rejection (the subparagraphs of Art. 62(1) and (2)) keep the previous division. [4][5]

The procedure for a trial to invalidate is covered in “How can a Korean design registration be invalidated?”.

Cases that straddle the enforcement date

The test under Act No. 20962 is the date the application was filed. Art. 2 of the Addenda provides that “this Act applies to applications for design registration filed on or after the date this Act enters into force”. [4] Art. 3 of the Addenda provides that Arts. 96-2 and 100-2 apply “also to design rights whose grant has been registered as of the time this Act enters into force”. [4]

The Addenda to Act No. 20962 consist of only three Articles: Art. 1 (enforcement date), Art. 2 (general applicability provision) and Art. 3 (applicability provision on the claim for transfer of the design right). [4] There is no transitional measure stating that the previous provisions apply to applications for design registration filed before the enforcement date. [4]

Case What the wording of the Addenda reaches
An application for design registration filed on or after 28 November 2025 The amended provisions of Act No. 20962 apply (Addenda, Art. 2)
An application for registration of a partially-examined design filed on or before 27 November 2025 and examined after that Not covered by Art. 2 of the Addenda. No transitional measure
An opposition based on a notice concerning infringement, against a registration of a partially-examined design filed on or before 27 November 2025 and registered Not covered by Art. 2 of the Addenda. No transitional measure
A claim for transfer and a non-exclusive license for a design right whose grant was registered as of 28 November 2025 Arts. 96-2 and 100-2 apply (Addenda, Art. 3)
A claim for transfer in a case filed on or before 27 November 2025 whose grant was not registered as of 28 November 2025 Not separately stated in either Art. 2 or Art. 3 of the Addenda

The second, third and fifth rows of the table state only the wording of the Addenda. This article does not state a conclusion on whether the previous provisions apply to those cases. The Addenda to the Design Examination Guidelines (MOIP Established Rule No. 4) use the same test as Art. 2 of the Addenda to the Act. Those Guidelines apply to applications for design registration filed on or after 28 November 2025. [8]

The following three matters are also not separately stated in the Addenda. [4]

  • Divisional applications. Art. 50(2) deems a divisional application to have been filed at the time the initial application for design registration was filed. [5] There is no wording that separately mentions divisional applications in “filed” in Art. 2 of the Addenda. [4]
  • Applications for international design registration. Art. 179(1) deems an international registration that designates the Republic of Korea as a designated Contracting Party to be an application for design registration under this Act. [5] Art. 179(2) deems the date of the international registration under Article 10(2) of the Hague Agreement (헤이그협정) to be the filing date of the application for design registration. [5] There is no wording in the Addenda that separately mentions applications for international design registration. [4]
  • The relationship between a claim for transfer of a design right registered under an application filed before the enforcement date and a trial to invalidate. Art. 3 of the Addenda lists only Arts. 96-2 and 100-2. [4] The amended provisions of Art. 121(1) (the limit on the petitioner, and the proviso of subparagraph 1) are not stated in Art. 3 of the Addenda. [4]

The test under Act No. 20692 (the 5 times cap) is the time the violation occurs (Addenda, Art. 2). [1] The Addenda have no wording that separately mentions an infringement that began before the enforcement date and continued after it. [1]

The subordinate statutes do have transitional measures.

  • Art. 2 of the Addenda to the Enforcement Decree of the Design Protection Act (Presidential Decree No. 35874) deals with Art. 10(2), subparagraph 10 (a), and Art. 10(3), subparagraph 10 (a), among the matters published in the gazette. The previous provisions apply to applications for design registration filed before 28 November 2025. [6]
  • Art. 2 of the Addenda to the Enforcement Rule of the Design Protection Act (Prime Ministerial Decree No. 2061) deals with the forms. Where an application for design registration filed before 28 November 2025 is amended, or its procedure is supplemented, on or after that date, the previous forms are used for Form 2 and Form 3. [7]

Example: two applications for registration of a partially-examined design filed one day apart

Two applications for registration of a partially-examined design in the same class are assumed.

Application A Application B
Date the application was filed 27 November 2025 28 November 2025
Addenda, Art. 2 Not covered The amended provisions apply
“Features of the creation” in the drawing The Addenda to the Act have no transitional measure. Where the application is amended or its procedure is supplemented on or after that date, the previous forms are used for Form 2 and Form 3 (Addenda to the Enforcement Rule, Art. 2) Not a matter to be stated (Art. 37(2), subparagraph 2)
Rejection for a clear violation of novelty or the earlier application rule The Addenda to the Act have no transitional measure The examiner may decide to reject the application (Art. 62(5))
Opposition based on a notice concerning infringement after registration The Addenda to the Act have no transitional measure Until the day that falls 3 months after the date of receiving the notice. Not possible once 1 year has passed from the date of public announcement (Art. 68(1))
Claim for transfer after the grant is registered A case whose grant was not registered as of 28 November 2025 is not separately stated in either Art. 2 or Art. 3 of the Addenda The amended provisions apply (Addenda, Art. 2)

Subordinate statutes and the examination guidelines also changed in 2025

In 2025, a new version of the Enforcement Rule of the Design Protection Act entered into force three times, and a new version of the Enforcement Decree of the Design Protection Act entered into force twice. [6][7]

Enforcement date Statute What changed
12 February 2025 Enforcement Rule (Ordinance of the Ministry of Trade, Industry and Energy No. 599) Addition and correction of the creator (Art. 50), deletion of Art. 42 (notification to the legitimate right holder), the wording of Art. 62(1), subparagraph 3, and the instructions in Form 3 for stating a national research and development program
1 October 2025 Enforcement Decree (Presidential Decree No. 35809), Enforcement Rule (Prime Ministerial Decree No. 2054) Name of the authority and related wording. Amended by another statute
28 November 2025 Enforcement Decree (Presidential Decree No. 35874) The “features of the creation” and the fact that the design is a partial design were deleted from the matters published in the gazette (subparagraphs 8 and 10 (a) of each of Art. 10(2) and (3)). In the proviso of the part of Art. 10(2) with the exception of the subparagraphs, “subparagraphs 2 and 7 through 9” became “subparagraphs 2, 7 and 9”
28 November 2025 Enforcement Rule (Prime Ministerial Decree No. 2061) Art. 7(2), subparagraph 2; Art. 35(4); Art. 50(3); Art. 61(2); Art. 66(1); new subparagraph 14 of attached Table 2; deletion of attached Table 3; Forms 2 through 5, Form 19, and Forms 19-2 through 19-5

The amendment of the Enforcement Rule of 12 February 2025 narrowed the addition and correction of the creator. An applicant for design registration cannot add a creator from the time of the decision to grant registration until the grant of the design right is registered (Enforcement Rule, Art. 50(1), proviso). [7] A creator cannot be corrected where the identity of the creator is not maintained. [7] Where a written amendment or a request for a corrected certificate was filed before that date, the previous provisions apply (Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 599, Art. 2). [7]

The amendment of the Enforcement Rule of 28 November 2025 also changed how the name of the article is stated for a partial design. The instructions in Form 3 require the name of one article to be stated also where a partial design is filed. [7] However, where the part for which registration is sought can be identified, the name of that part can be stated, as in “handle of a cup”. [7] Filing a partial design is covered in “How do I file a partial design in Korea?”.

The Enforcement Rule of the Design Protection Act has been a Prime Ministerial Decree since the version of 1 October 2025. The version of 12 February 2025 was Ordinance of the Ministry of Trade, Industry and Energy No. 599. [7] The current Enforcement Rule as of 9 October 2026 is Prime Ministerial Decree No. 2119, which entered into force on 17 June 2026. [7]

The Design Examination Guidelines were amended twice in 2025. KIPO Established Rule No. 141 entered into force on 16 June 2025, and MOIP Established Rule No. 4 entered into force on 28 November 2025. [8] The amendment history of Established Rule No. 4 lists the improvement of the partial examination system for designs (clear grounds for rejection), the revision of the opposition procedure, the relaxation of the naming of partial designs, and the reflection of the deletion of the “features of the creation”. [8]

Amendments promulgated after 2025

As of 9 October 2026, Act No. 21951 is the only version of the Design Protection Act scheduled to enter into force. [9] It was promulgated on 15 September 2026 and enters into force on 16 March 2027. [9]

The provisions that Act No. 21951 revises are Art. 84 and Art. 90(2), subparagraph 4. [9] They are the provisions on the restoration of applications for design registration abandoned, and design rights extinguished, because the registration fee was not paid. [9] The amended provisions apply to cases in which the grace period for late payment or the period for the payment of the underpaid registration fee expires on or after 16 March 2027 (Addenda, Art. 2). [9] The amendment to the Patent Act that enters into force on the same day is covered in “What changes in the Korean Patent Act on 16 March 2027?“.

What applicants and right holders should do

  • In general, we suggest first checking, for each Korean design case, whether the date the application was filed is before or after 28 November 2025. The application of Act No. 20962 turns on that date.
  • We suggest searching publicly known designs and earlier applications before filing an application for registration of a partially-examined design. An application filed on or after 28 November 2025 can be rejected for a clear violation of novelty or the earlier application rule.
  • If you receive a notice concerning infringement of a design right in Korea, we suggest recording the date of receipt and keeping that document. The period for an opposition runs until the day that falls 3 months after the date of receiving the notice, and the limit of 1 year from the date of public announcement applies together with it.
  • If you learn that your design has been registered in another person’s name, we suggest considering a trial to invalidate and a claim for transfer together. The claim for transfer is the route to taking over the design right, and the trial to invalidate is the route to removing it.
  • After receiving a warning of infringement, we suggest keeping a record of what was reviewed and the dates. The cap on damages for willful infringement is 5 times for violations that occur on or after 22 July 2025.

Please confirm the deadlines and the applicable law for an individual case with your agent.

FAQ

How many times was the Korean Design Protection Act amended in 2025?

Four amendments entered into force in 2025. The enforcement dates are 22 July, 1 October, 11 November and 28 November. [1][2][3][4] On 1 October and 11 November, the Act was amended by another Act, through the Addenda to other Acts. [2][3]

Do the amended provisions also apply to designs filed before 28 November 2025?

Act No. 20962 applies to applications for design registration filed on or after 28 November 2025 (Addenda, Art. 2). [4] The Addenda have no transitional measure for cases filed before that date. [4] However, Arts. 96-2 and 100-2 also apply to design rights whose grant was registered as of that date (Addenda, Art. 3). [4]

From which infringements does the 5 times cap apply?

It applies to violations that occur on or after 22 July 2025 (Addenda to Act No. 20692, Art. 2). [1]

Do the 2025 amendments also apply where Korea is designated in a Hague international application?

An international registration that designates the Republic of Korea as a designated Contracting Party is deemed an application for design registration under the Design Protection Act (Art. 179(1)). [5] The date of the international registration is deemed the filing date of the application for design registration (Art. 179(2)). [5] The Addenda to Act No. 20962 have no wording that separately mentions applications for international design registration. [4]

How DEFINE IP Law Firm handles this

When DEFINE IP Law Firm takes on a design case, we first check the date the application was filed and the registration date. When the law has changed, we read the applicability provisions of the Addenda and determine which provisions apply to each case. Where a case is not stated in the Addenda, we tell the applicant that it is not stated. For questions about Korean design applications, oppositions and trials to invalidate, please write to contact@defineip.kr.

Sources

  1. Design Protection Act (디자인보호법) (Act No. 20692), promulgated 2025-01-21, in force from 2025-07-22. Text of the amendment, statement of reasons for the amendment (provided by the Ministry of Government Legislation), Art. 115, Addenda Arts. 1 and 2. Art. 115(7) of the immediately preceding version (Act No. 20200, in force from 2024-08-07). Version history at https://www.law.go.kr/법령/디자인보호법 (verified 2026-10-09)
  2. Amendment of the Design Protection Act (디자인보호법) under Arts. 1 and 7 of the Addenda to the Government Organization Act (정부조직법) (Act No. 21065), promulgated and in force 2025-10-01. Text of the amendment, comparison with the immediately preceding version. Version history at https://www.law.go.kr/법령/디자인보호법 (verified 2026-10-09)
  3. Amendment of the Design Protection Act (디자인보호법) under the main text and Arts. 1 and 2 of the Addenda to the Act on the Designation of Workers’ Day (노동절 제정에 관한 법률) (Act No. 21134), promulgated and in force 2025-11-11. Text of the amendment, Art. 16. Arts. 37, 62, 68, 89, 121 and 181 of this version (the version immediately preceding Act No. 20962). Version history at https://www.law.go.kr/법령/디자인보호법 (verified 2026-10-09)
  4. Design Protection Act (디자인보호법) (Act No. 20962), promulgated 2025-05-27, in force from 2025-11-28. Text of the amendment, statement of reasons for the amendment (provided by the Ministry of Government Legislation), Addenda Arts. 1, 2 and 3, comparison with the immediately preceding version. Version history at https://www.law.go.kr/법령/디자인보호법 (verified 2026-10-09)
  5. Design Protection Act (디자인보호법) (Act No. 21065), in force from 2025-11-28, current. Arts. 3, 16, 33, 37, 39, 46, 50, 53, 62, 68, 73, 89, 96, 96-2, 100-2, 104, 115, 121, 179 and 181, list of versions by enforcement date. https://www.law.go.kr/법령/디자인보호법 (verified 2026-10-09)
  6. Ministry of Intellectual Property (지식재산처), Enforcement Decree of the Design Protection Act (디자인보호법 시행령) (Presidential Decree No. 35874), promulgated 2025-11-25, in force from 2025-11-28. Text of the amendment, statement of reasons for the amendment, Art. 10, Addenda Art. 2. Text of the amendment of the version in force from 2025-10-01 (Presidential Decree No. 35809), list of versions by enforcement date. https://www.law.go.kr/법령/디자인보호법시행령 (verified 2026-10-09)
  7. Ministry of Intellectual Property (지식재산처), Enforcement Rule of the Design Protection Act (디자인보호법 시행규칙) (Prime Ministerial Decree No. 2119), in force from 2026-06-17, Arts. 35, 50, 61 and 66, attached Table 2. Text of the amendment and Addenda of the version in force from 2025-02-12 (Ordinance of the Ministry of Trade, Industry and Energy No. 599), the version in force from 2025-10-01 (Prime Ministerial Decree No. 2054) and the version in force from 2025-11-28 (Prime Ministerial Decree No. 2061), list of versions by enforcement date. https://www.law.go.kr/법령/디자인보호법시행규칙 (verified 2026-10-09)
  8. Ministry of Intellectual Property (지식재산처), Design Examination Guidelines (디자인심사기준) (MOIP Established Rule No. 4), in force from 2025-11-28. Amendment history, Part 5, Chapter 9, 3.1.4, Part 5, Chapter 10, 2.1.2, 2.3.1, 2.3.3 and 2.3.4, Addenda. https://www.law.go.kr/행정규칙/디자인심사기준 (verified 2026-10-09)
  9. Design Protection Act (디자인보호법) (Act No. 21951), promulgated 2026-09-15, in force from 2027-03-16. Text of the amendment, Addenda Arts. 1 and 2, comparison with the current version. https://www.law.go.kr/법령/디자인보호법 (verified 2026-10-09)
  10. Ministry of Personnel Management (인사혁신처), Act on Public Holidays (공휴일에 관한 법률) (Act No. 21338), in force from 2026-05-11, current. Art. 2. The version in force from 2026-05-01 that added Art. 2, subparagraph 5 (Act No. 21543, promulgated 2026-04-09). https://www.law.go.kr/법령/공휴일에관한법률 (verified 2026-10-09)