As rival idol groups’ lightstick designs come under scrutiny, IP strategy takes center stage.

In recent weeks, a dispute over the similarity between two idol groups’ fan lightsticks—the Boyz and QWER—has spilled beyond fandom into the broader industry. As QWER’s publicized design is scrutinized for echoing The Boyz’s long-used megaphone-inspired form, the parties signal possible legal action, keeping tensions high.

The essence of the debate lies at the boundary between ideas and expressions in intellectual property law. The Intellectual Property Basic Act defines IP as intangible creations with potential economic value, and design protection and unfair competition laws delineate protection for outward appearance. While the concept of a megaphone-shaped lightstick is an idea, the concrete shape, color, and proportions are protectable design elements.

If one side filed a design, courts will assess whether the overall impression is similar; even without registered design, the Unfair Competition Prevention Act can offer post-fact remedies if a rival’s imitation disrupts market order and confers undue advantage. Courts consider whether a design is widely known in the market and whether imitation causes consumer confusion.

To prevent IP disputes in this fast-growing industry, businesses should systematically build an IP portfolio, adopt a first-to-file approach, and secure rights before public disclosure. They should also contractually shield collaboration from disputes by NDAs, clearly establish IP ownership for employee ideas, and include IP assignment clauses for outsourced work.

Ultimately, avoiding disputes hinges on everyday management; treating IP protection as a strategic capability rather than a regulatory burden can prevent unnecessary litigation.