Intellectual Property Rights Guide at a Glance PART 2: Why You Must Register Your Intellectual Property

Various cases of rights infringement that we easily come across on TV or the internet. 😟

Most of these problems arise because preparations for the protection of rights are insufficient.

While PART 1 covered the concept and role of rights, PART 2 explains in an easy and simple way why you must register intellectual property rights through formal procedures! 😊

✅ Why is copyright registration important?

🛡️ Strengthening Copyright Protection and Legal Rights

Korean copyright law adopts the 'no formalities principle,' where copyright arises automatically from the moment a work is created.

The point is that you can have your rights recognized without going through a separate registration process.

So, you might think that there is no need to go through the registration process and pay the fee.

However, along with the advantages of automatic generation, it can be difficult to assert my rights when copyright is infringed.

If you have not registered your copyright, it is difficult to identify the actual copyright holder if someone infringes on your work, and proving the amount of damages in litigation is also tricky.

However, if you register your copyright in advance, you can quickly assert your rights and claim up to 10 million won in damages without having to separately prove the amount of damages when claiming damages.

In addition, if the infringement is for commercial purposes, you may claim damages of up to 50 million won.

🕰️ Extension of protection period

There is also a difference in the duration of copyright protection. If you disclose a character anonymously, under a writer's name, or by a nickname without registering the copyright separately, the copyright lasts for 70 years from the date of disclosure. However, if you go through the formal registration process with your real name, the protection period changes to 70 years after death, allowing you to receive protection for a longer period.

✅ Is a trademark application absolutely necessary?

A trademark is a symbolic element that represents the brand image and earns the trust of consumers.

Trademark rights have now gone beyond simply distinguishing goods or services to become an important asset and right that creates value.

It is one of the most important intellectual properties for character IP holders or brands planning to engage in various activities such as licensing, collaboration, or merchandising using characters, and it is a right that is highly recommended to acquire.

🛡️Enhanced legal protection and brand identification

By securing trademark rights through a trademark application, you can obtain exclusive usage rights for a brand or character and receive legal protection.

You can prevent someone from using or reproducing your trademark without permission.

It prevents other people or companies from causing confusion or copying and using trademarks similar or identical to the character.

Even if such a situation occurs, if your trademark has been filed and registered, you can respond legally and protect your rights.

💰Increase in economic value

Trademarks increase the economic value of brands or characters.

Brands with trademarks can generate revenue by collaborating with other brand partners or through licensing.

Furthermore, trademarked brands contribute to enhancing competitiveness in the market and improving brand value.

🕰️ Maintenance and Extension of Trademark Rights

If you register a trademark, the rights to the trademark are maintained for 10 years.

During this period, trademark rights are maintained even if the trademark is not used temporarily, allowing for the continuous protection of the brand or character.

In addition, since trademark rights can be extended indefinitely, they possess permanent value.

✅ What are the benefits of filing a design application?

🛡️ Strengthening legal protection

Design rights are rights designed to protect the appearance of a character and grant rights to various products in which the character is used.

For example, if character-shaped products such as dolls, keyrings, or cups are released as counterfeit goods, effective legal action is possible if the design rights are clearly proven.

To secure design rights, it is recommended to file a design application for each product.

However, as the number of applications increases, costs rise, and since characters that do not specify an article are not protected under the Design Protection Act, it is advisable to make a decision after careful consideration of this aspect.

For those who have just started creating characters, there is no need to rush to register design rights.

However, IP holders or companies planning to soon launch merchandise or products featuring character designs should consider filing for design rights.