Copyright attorney, what can be protected as a design?

Hello, I am a copyright attorney. You have asked about the protection of designs, so I will answer.

A 'design' as referred to in the Design Protection Act means something that produces a visual aesthetic impression through the shape, pattern, or color of an article, or a combination of these, and it can be protected only if it is embodied in the form of an 'article.'

Therefore, a visual image itself that is separated from the character of an article, such as a logo or a character, is not subject to protection under the Design Protection Act.

However, where a character is expressed in the shape of a specific article, such as a doll, a label, or wrapping paper, it can be filed and registered as a design.

In other cases, protection is generally received under the Copyright Act, and copyright registration can be carried out through the Korea Copyright Commission.

However, because a design right and a copyright differ in their protection requirements and scope, it is important to accurately determine under which law your creation can be protected.

In particular, the boundary between the two systems is often ambiguous, so if you misjudge it, you may be unable to properly exercise your rights.

Therefore, please note that it is advisable to reduce legal risk in advance with the assistance of a copyright attorney.