Industrial Design Protection Act (Act No. 951 of December 31, 1961, as amended up to Act No. 11111 of December 2, 2011), Republic of Korea, WIPO Lex

Main text(s)

English Industrial Design Protection Act (Act No. 951 of December 31, 1961, as amended up to Act No. 11111 of December 2, 2011)

Design Protection Act

DESIGN PROTECTION ACT

Wholly Amended by Act No. 4208, Jan. 13, 1990

Amended by Act No. 4541, Mar. 6, 1993

Act No. 4595, Dec. 10, 1993

Act No. 4894, Jan. 5, 1995

Act No. 5082, Dec. 29, 1995

Act No. 5329, Apr. 10, 1997

Act No. 5354, Aug. 22, 1997

Act No. 5576, Sep. 23, 1998

Act No. 6024, Sep. 7, 1999

Act No. 6413, Feb. 3, 2001

Act No. 6626, Jan. 26, 2002

Act No. 6767, Dec. 11, 2002

Act No. 7289, Dec. 31, 2004

Act No. 7556, May31, 2005

Act No. 7869, Mar. 3, 2006

Act No. 8187, Jan. 3, 2007

Act No. 8357, Apr. 11, 2007

Act No. 8456, May17, 2007

IP/N/1/KOR/D/4 Page 3

Act No. 8852, Feb. 29, 2008

Act No. 9223, Dec. 26, 2008

Act No. 9381, Jan. 30, 2009

Act No. 9764, Jun. 9, 2009

Act No. 10012, Feb. 4, 2010

Act No. 10809, Jun. 30, 2011

Act No. 11111, Dec. 2, 2011

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to encourage the creation of designs by ensuring their protection and utilization,

so as to contribute to the development of industry. <Amended by Act No. 7289, Dec. 31, 2004>

Article 2 (Definitions)

The terms used in this Act shall be defined as follows: <Amended by Act No. 5082, Dec. 29, 1995; Act No. 5354,

Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 10809, Jun. 30, 2011>

1. The term "design" means the shape, pattern, or color, or a combination of these of an article(including

part of an article (excluding Article 12) and font; hereinafter the same shall apply), which produces an

aesthetic impression in the sense of sight;

1-2. The term "font" means a set of characters (including forms, such as numbers, letter marks, symbols,

etc.) of the same style which is used for recording, marking or printing;

2. The term "registered design" means a design for which design registration has been granted;

3. The term "design registration" means examined design registration or unexamined design registration;

4. The term "examined design registration" means registration of a design subject to examination as to

whether the application for design registration satisfies all the requirements for design registration;

IP/N/1/KOR/D/4 Page 4

5. The term "unexamined design registration" means registration of a design subject to examination as to

whether the application for design registration satisfies the requirements for design registration under this

Act, with the exception of the requirements not applicable under Article 26 (2);

6. The term "working of a design" means any act of manufacturing, using, assigning, leasing, exporting,

importing, or offering for assignment or lease of (including displaying for the purpose of assignment or

lease; hereinafter the same shall apply) an article to which a design has been applied.

Article 3 (Persons Entitled to Obtain Design Registration)

(1) Any person who creates or succeeds to a design shall be entitled to obtain a design registration therefor in

accordance with this Act: Provided, That employees of the Korean Intellectual Property Office and the

Intellectual Property Tribunal shall not obtain a design registration during their employment at the office

except for inheritance or bequest. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 4894, Jan. 5, 1995; Act No.

6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(2) If two or more persons jointly create a design, the right to obtain a design registration shall be jointly owned.

Article 4 (Legal Capacity of Minors, etc.)

(1) Minors, quasi-incompetents or incompetents shall not undertake the procedure for filing an application,

requesting an examination, or any other procedure related to registration of designs (hereinafter referred to

as "design-related procedure") unless represented by their legal representatives: Provided, That this shall

not apply where a minor or a quasi-incompetent is capable of performing legal acts by becoming

independent.

(2) The legal representative referred to in paragraph (1) may, without the consent of the family council, act in

any procedure for objection against unexamined design registration, trial or retrial initiated by another party.

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

Article 4-2 (Association, etc. which is not Corporation)

IP/N/1/KOR/D/4 Page 5

A representative or an administrator, who has been so designated by an association or a foundation, other

than a corporation, may file an objection against any unexamined design registration, or appear as a plaintiff

or a defendant in a trial or retrial in its association or foundation name.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-3 (Design Administrators for Overseas Residents)

(1) Any person who has neither an address nor a place of business in the Republic of Korea (hereinafter

referred to as "overseas resident") may not, except where such overseas resident (or a representative

thereof in cases of a corporation) is sojourning in the Republic of Korea, initiate any design-related

procedure, nor appeal any disposition issued by an administrative agency in accordance with this Act or any

order thereunder, unless he/she is represented by an agent with respect to such overseas resident's design,

who has an address or a place of business in the Republic of Korea (hereinafter referred to as "design

administrator").

(2) Each design administrator shall, within the scope of power delegated to him/her, represent a party in any

design-related procedure and in any legal actions against a disposition issued by an administrative agency

in accordance with this Act or any order thereunder.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-4 (Scope of Authority of Representation)

No agent who is delegated to undertake a design-related procedure by a person who has an address or a

place of business in the Republic of Korea shall conduct any of the acts described in the following

subparagraphs, unless expressly so empowered:

1. To abandon or withdraw an application for design registration, or to abandon a design right;

2. To withdraw an application;

3. To withdraw a request;

4. To request for a trial under Article 67-2 or 67-3;

5. To appoint a subagent.

IP/N/1/KOR/D/4 Page 6

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-5 (Proof of Authority of Representation)

An agent of a person who is initiating a design-related procedure (including a design administrator;

hereinafter the same shall apply) shall present a written proof of his/her authority of representation.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-6 (Ratification of Defects in Legal Capacity, etc.)

Design-related procedures, initiated by a person who has no legal capacity or authority of legal

representation or who has defects in his/her delegated authority necessary to initiate such procedures, shall

become effective retroactively to the time such procedures are performed if the procedures are ratified by

the party concerned when he/she has gained capacity to proceed or by his/her legal representative.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-7 (Non-Extinguishment of Authority of Representation)

No authority of representation of an agent commissioned by a person undertaking a design-related

procedure shall be extinguished due to any reason prescribed in the following subparagraphs:

1. Death or loss of legal capacity of the party concerned;

2. Extinguishment of the party concerned, which is a corporation, due to a merger;

3. Termination of the trust duty of the party concerned;

4. Death or loss of legal capacity of the legal representative;

5. Modification or extinguishment of the authority of representation of the legal representative.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-8 (Independence of Representation)

Where two or more agents of a person initiating a design-related procedure have been designated, each of

them shall independently represent the party concerned before the Commissioner of the Korean Intellectual

Property Office or the President of the Intellectual Property Tribunal.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

IP/N/1/KOR/D/4 Page 7

Article 4-9 (Replacement of Agents, etc.)

(1) If the Commissioner of the Korean Intellectual Property Office or a presiding administrative patent judge

considers that a person initiating a design-related procedure is not qualified to conduct such procedure

without difficulties or make oral statements, etc., he/she may order an agent to undertake the procedure.

(2) If the Commissioner of the Korean Intellectual Property Office or a presiding administrative patent judge

considers that the agent of a person initiating a design-related procedure is not qualified to conduct such

procedure without difficulties or make oral statements, etc. he/she may order the replacement of the agent.

(3) The Commissioner of the Korean Intellectual Property Office or a presiding administrative patent judge may,

in cases referred to in paragraphs (1) and (2), order the appointment of a patent attorney to undertake the

procedure.

(4) The Commissioner of the Korean Intellectual Property Office or a presiding administrative patent judge may

invalidate, in part or in whole, a design-related procedure taken before the Korean Intellectual Property

Office or the Intellectual Property Tribunal by the person initiating the design-related procedure referred to in

paragraph (1) or by the agent referred to in paragraph (2) prior to the appointment or the replacement of the

agent under paragraph (1) or (2) after the issuance of an order referred to in paragraph (1) or (2).

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-10 (Representation of Two or More Persons)

(1) Where two or more persons jointly initiate a design-related procedure, each of them shall represent the joint

initiators except for actions falling under any of the following subparagraphs: Provided, That this shall not

apply where those persons have appointed a common representative and have notified the Commissioner of

the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal thereof:

1. Abandonment or withdrawal of an application for design registration;

2. Withdrawal of an application;

3. Withdrawal of a request;

4. Request for a trial under Article 67-2 or 67-3.

IP/N/1/KOR/D/4 Page 8

(2) Where the common representative has been appointed and notified under the proviso to paragraph (1), a

written proof of the fact that the representative has been appointed shall be presented.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-11 (Mutatis Mutandis Application of the Civil Procedure Act)

Except where there are special provisions relating to agents in this Act, the provisions of Section 4 of

Chapter II of Part I of the Civil Procedure Act shall apply mutatis mutandis to agents under this Act.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-12 (Jurisdiction for Overseas Residents)

If an overseas resident has appointed a design administrator with respect to his/her design right or any other

right relating to a design, the domicile or place of business of the design administrator shall be regarded as

the location of the property under Article 11 of the Civil Procedure Act; where there is no such design

administrator, the location of the Korean Intellectual Property Office shall be regarded as that of the property

under Article 11 of the Civil Procedure Act.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-13 (Calculation of Period)

The period provided for in this Act or any orders thereunder shall be calculated as follows:

1. The first day of the period shall not be counted unless the period starts at midnight;

2. If the period is expressed in months or years, it shall be counted according to the calendar;

3. If the start of the period does not coincide with the beginning of a month or year, the period shall expire

on the day preceding the date in the last month or year of the period corresponding to the date on which

the period started: Provided, That where a month or year is used and there is no corresponding day in

the last month, the period shall expire on the last day of that month;

4. If the last day of the period for executing a design-related procedure falls on an official holiday (including

the Workers' Day under the Designation of Workers' Day Act) or Saturday, the said period shall expire on

the working day following such holiday or Saturday.

IP/N/1/KOR/D/4 Page 9

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-14 (Extension of Period, etc.)

(1) The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property

Tribunal may extend the period to amend the reasons for objecting unexamined design registration, etc.

under Article 29-3 and the period for requesting a trial under Article 67-2 or 67-3, upon request or ex officio,

only once by up to thirty days: Provided, That for the benefit of a person residing in an area that is remote

and difficult to access, the number and period of extension may be increased.

(2) When the Commissioner of the Korean Intellectual Property Office, the President of the Intellectual Property

Tribunal, a presiding administrative patent judge or an examiner has set a period for a design-related

procedure under this Act, he/she may extend or reduce it upon request, or may, ex officio, extend it. In such

cases, the Commissioner of the Korean Intellectual Property Office, etc. shall decide on extension or

reduction of such period so as not to unfairly jeopardize interest of interested parties for relevant procedures.

(3) When a presiding administrative patent judge or an examiner has set a date for initiating a design-related

procedure under this Act, he/she may change the date upon request or ex officio.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-15 (Invalidation of Procedure)

(1) When an applicant ordered to make an amendment in accordance with Article 17 fails to do so within the

designated period, the Commissioner of the Korean Intellectual Property Office or the President of the

Intellectual Property Tribunal may invalidate the design-related procedure.

(2) When a design-related procedure has been invalidated under paragraph (1) and if the delay of the time is

deemed to have been caused by reasons not attributable to an applicant ordered to make an amendment,

the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property

Tribunal may revoke a disposition of invalidation at the request of the applicant ordered to make an

amendment within 14 days from the date on which the reasons for the delay cease to exist: Provided, That

this shall not apply where one year has elapsed after the designated period expires.

IP/N/1/KOR/D/4 Page 10

(3) When the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal orders a disposition of invalidation under paragraph (1) or revokes a disposition of

invalidation under the main sentence of paragraph (2), he/she shall serve a notification of such measure on

the person who has been ordered to make an amendment.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-16 (Subsequent Completion of Procedure)

If a person who initiated a design-related procedure has failed to observe the deadline for requesting a trial

under Article 67-2 or 67-3 or the deadline for requesting a retrial under Article 73-3 due to any cause not

attributable to himself/herself, he/she may subsequently complete the procedure that he/she has failed to

take within 14 days after the said cause ceases to exist: Provided, That this shall not apply where one year

has elapsed after the said period expired.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-17 (Succession of Procedural Effect)

The effect of a procedure taken in relation to a design right or any other right relating to a design shall

extend to the successor in title thereof.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-18 (Continuation of Procedure by Successor)

Where a design right or other right relating to a design is transferred while a design-related procedure is

pending in the Korean Intellectual Property Office or the Intellectual Property Tribunal, the Commissioner of

the Korean Intellectual Property Office or the presiding administrative patent judge may have the successor

in title continue the design-related procedure.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-19 (Interruption of Procedure)

If any design-related procedure pending in the Korean Intellectual Property Office or the Intellectual Property

Tribunal falls under any of the following subparagraphs, it shall be interrupted: Provided, That this shall not

IP/N/1/KOR/D/4 Page 11

apply where there is an agent authorized to perform the procedure:

1. When the party involved has deceased;

2. When the corporation involved has ceased to exist by reason of merger;

3. When the party involved has lost the ability to perform the procedure;

4. When the legal representative of the party involved has deceased or lost his/her authority of

representation;

5. When the duty of a trustee entrusted by the party involved has terminated;

6. When the representative referred to in the proviso to the part other than the subparagraphs of Article 4-10

(1) has deceased or lost his/her qualification;

7. When a bankruptcy trustee, etc. who acted on behalf of the party involved in his/her own name under a

certain qualification has lost his/her qualification or deceased.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-20 (Resumption of Interrupted Procedure)

When a procedure pending in the Korean Intellectual Property Office or the Intellectual Property Tribunal

has been interrupted under Article 4-19, any person who falls under any of the following subparagraphs shall

resume the procedure:

1. In cases of subparagraph 1 of Article 4-19, the deceased person's successor, administrator of inheritance,

or any other person legally authorized to resume the procedure under an Act: Provided, That the

deceased person's successor shall not resume the procedure until such time as his/her right to

succession is no longer subject to renunciation;

2. In cases of subparagraph 2 of Article 4-19, the corporation established by or existing after the merger;

3. In cases of subparagraphs 3 and 4 of Article 4-19, the party whose ability to take the necessary

procedure has been restored or any person who becomes the legal representative of the party,

respectively;

4. In cases of subparagraph 5 of Article 4-19, a new trustee;

IP/N/1/KOR/D/4 Page 12

5. In cases of subparagraph 6 of Article 4-19, a new representative or each party involved;

6. In cases of subparagraph 7 of Article 4-19, a person having the same qualification.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-21 (Requests for Resumption)

(1) Resumption of a procedure interrupted under Article 4-19 may be requested by a person falling under any

subparagraph of Article 4-20 and the other party.

(2) When resumption of a procedure interrupted under Article 4-19 is requested, the Commissioner of the

Korean Intellectual Property Office or the presiding administrative patent judge shall notify the other party of

such fact.

(3) The Commissioner of the Korean Intellectual Property Office or an administrative patent judge shall, if

he/she deems that a request for resumption of the procedure interrupted under Article 4-19 is groundless,

after examining the request ex officio, dismiss the request by a decision.

(4) The Commissioner of the Korean Intellectual Property Office or an administrative patent judge shall decide,

upon request for resumption, whether to permit resumption of the interrupted procedure after a certified copy

of the decision or trial decision is served.

(5) If a person referred to in Article 4-20 fails to take over the interrupted procedure, the Commissioner of the

Korean Intellectual Property Office or an administrative patent judge shall, ex officio, order the person to

resume such procedure by setting a period.

(6) If no resumption has been made within the set period provided for in paragraph (5), it is considered that the

resumption has been made on the day following the expiration of such set period.

(7) If the Commissioner of the Korean Intellectual Property Office or a presiding administrative patent judge

deems that resumption is made in accordance with paragraph (6), he/she shall notify the parties involved

thereof.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-22 (Suspension of Procedure)

IP/N/1/KOR/D/4 Page 13

(1) If the Commissioner of the Korean Intellectual Property Office or an administrative patent judge is unable to

carry out his/her duties due to a natural disaster or other extenuating circumstances, the procedure pending

in the Korean Intellectual Property Office or the Intellectual Property Tribunal shall be suspended until such

impediments cease to exist.

(2) If a party involved is unable to resume a procedure pending in the Korean Intellectual Property Office or the

Intellectual Property Tribunal on account of impediments for an indefinite period, the Commissioner of the

Korean Intellectual Property Office or an administrative patent judge may order its suspension by issuing a

decision.

(3) The Commissioner of the Korean Intellectual Property Office or an administrative patent judge may cancel

the decision made under paragraph (2).

(4) If a procedure is suspended under paragraph (1) or (2), or a decision is canceled under paragraph (3), the

Commissioner of the Korean Intellectual Property Office or the presiding administrative patent judge shall

notify the parties involved thereof.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-23 (Effect of Interruption or Suspension)

Where a design-related procedure pending is interrupted or suspended, the running of a term shall be

suspended and the entire term shall start to run again from the time of the notification of resumption or

continuation of the procedure.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-24 (Capacity of Foreigners)

Among overseas residents, foreigners shall not enjoy design rights or other rights relating to a design except

as provided for in any of the following subparagraphs:

1. Where their countries allow nationals of the Republic of Korea to enjoy design rights or other rights

relating to a design under the same conditions as their own nationals;

2. Where their countries allow nationals of the Republic of Korea to enjoy design rights or other rights

IP/N/1/KOR/D/4 Page 14

relating to a design under the same conditions as their own nationals in cases where the Republic of

Korea allows nationals of such countries to enjoy design rights or other rights relating to a design;

3. Where they may enjoy design rights or other rights relating to a design according to a treaty or any

equivalent of a treaty (hereinafter referred to as "treaty").

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-25 Deleted. <by Act No. 11111, Dec. 2, 2011>

Article 4-26 (Effective Dates of Submitted Documents)

(1) Applications, requests or other documents (including articles; hereafter the same shall apply in this Article)

submitted to the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal under this Act, or any order thereunder, shall take effect on the date on which they are

delivered to the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal.

(2) Where applications, requests or other documents under paragraph (1) are submitted, by mail, to the

Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal,

they are deemed delivered to the Commissioner of the Korean Intellectual Property Office or the President

of the Intellectual Property Tribunal on the date stamped by the postal service if the stamped date is clear;

however, if such stamped date is unclear, they are deemed delivered on the date proved by a receipt

therefor: Provided, That this shall not apply where written applications for registration of a design right and

other rights related thereto are submitted by mail.

(3) Matters concerning the submission of documents with regard to the delay or loss of mail, or interruption of

the postal service, other than those provided for in paragraphs (1) and (2), shall be prescribed by Ordinance

of the Ministry of Knowledge Economy.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-27 (Entry of Identification Number)

(1) A person provided for in by Ordinance of the Ministry of Knowledge Economy among those who initiate a

IP/N/1/KOR/D/4 Page 15

design-related procedure shall apply for the grant of his/her identification number to the Commissioner of the

Korean Intellectual Property Office or the President of the Intellectual Property Tribunal.

(2) If any person files an application under paragraph (1), the Commissioner of the Korean Intellectual Property

Office or the President of the Intellectual Property Tribunal shall grant him/her an identification number and

notify him/her thereof.

(3) If a person fails to apply for the grant of an identification number under paragraph (1), the Commissioner of

the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal shall, ex officio,

grant him/her an identification number and notify him/her thereof.

(4) If a person to whom an identification number has been granted under paragraph (2) or (3) initiates a design-

related procedure, he/she shall enter his/her identification number in any document prescribed by Ordinance

of the Ministry of Knowledge Economy. In such cases, notwithstanding the provisions of this Act or any order

thereunder, a domicile (a place of business in cases of a corporation) need not be entered in the said

document.

(5) The provisions of paragraphs (1) through (4) shall apply mutatis mutandis to an agent of a person who

initiates a design-related procedure.

(6) An application for grant of an identification number, the grant and notification thereof or other matters

necessary therefor shall be prescribed by Ordinance of the Ministry of Knowledge Economy.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-28 (Procedure for Filing Design Applications by Means of Electronic Documents)

(1) A person who initiates a design-related procedure may, pursuant to the methods prescribed by Ordinance of

the Ministry of Knowledge Economy, convert a written application for design registration or other documents

to be submitted to the Commissioner of the Korean Intellectual Property Office or the President of the

Intellectual Property Tribunal under this Act into electronic documents, and may present them by means of

information and communications networks or electronic recording media, such as a floppy disk or optical

disk.

IP/N/1/KOR/D/4 Page 16

(2) Electronic documents presented under paragraph (1) shall have the same effect as other documents

presented under this Act.

(3) Electronic documents presented through an information and communications network under paragraph (1)

shall, if the presenter thereof confirms a receipt number through the information and communications

network, be deemed to have been received as contents recorded in a file of a computer system for receipt

operated by the Korean Intellectual Property Office or the Intellectual Property Tribunal.

(4) Types of documents which can be presented by means of electronic documents under paragraph (1), and

the methods of such presentation or other necessary matters therefor shall be prescribed by Ordinance of

the Ministry of Knowledge Economy.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-29 (Reporting on Use of Electronic Documents and Electronic Signature)

(1) A person who intends to initiate a design-related procedure by means of electronic documents shall first

report the use thereof to the Commissioner of the Korean Intellectual Property Office or the President of the

Intellectual Property Tribunal, and shall affix his/her electronic signature onto the electronic documents to be

submitted to the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal so that the presenters may be discerned.

(2) Electronic documents presented under Article 4-28 shall be deemed to have been filed by the person who

affixes his/her electronic signature under paragraph (1).

(3) Matters necessary for the procedure for reporting the use of electronic documents and the methods of

affixing an electronic signature under paragraph (1) shall be prescribed by Ordinance of the Ministry of

Knowledge Economy.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 4-30 (Notification, etc. through Information and Communication Networks)

(1) If the Commissioner of the Korean Intellectual Property Office, the President of the Intellectual Property

Tribunal, a presiding administrative patent judge, an administrative patent judge, a presiding examiner, or an

IP/N/1/KOR/D/4 Page 17

examiner intends to give notice on and serve (hereinafter referred to as "notification, etc.") any pertinent

documents to or on a person who reports the use of electronic documents under Article 4-29 (1), he/she

may do so through an information and communications network.

(2) Notification, etc. of any pertinent documents given through an information and communications network

under paragraph (1) shall have the same effect as written notification.

(3) Notification, etc. of any pertinent documents under paragraph (1) shall be deemed reached as contents

recorded in a file of a computer system for transmission operated by the Korean Intellectual Property Office

or the Intellectual Property Tribunal when it is recorded in a file of a computer system operated by a person

who receives the said notification.

(4) Matters necessary for the types and methods of notification, etc. given through an information and

communications network under paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge

Economy.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

CHAPTER II REQUIREMENTSAND APPLICATIONSFOR DESIGN

REGISTRATION

Article 5 (Requirements for Design Registration)

(1) Designs industrially applicable may be registered unless they fall under any of the following subparagraphs:

1. Any design publicly known or publicly worked in the Republic of Korea or in a foreign country prior to the

application for design registration;

2. Any design which has been carried in a publication distributed in the Republic of Korea or in a foreign

country, or which has become utilizable by the public through telecommunication lines prior to the

application for design registration;

IP/N/1/KOR/D/4 Page 18

3. Any design similar to a design falling under subparagraph 1 or 2.

(2) Where a design could easily have been created by a person having ordinary skill in the art to which the

design pertains, on the basis of a combination of designs falling under paragraph (1) 1 or 2 or on the basis

of a shape, pattern or color or a combination thereof widely known in the Republic of Korea (excluding a

design referred to in any of the subparagraphs of paragraph (1)) prior to the application for design

registration, no design registration shall be granted for such design notwithstanding paragraph (1).

(3) Notwithstanding paragraph (1), no design registration shall be granted where a design for which an

application for registration has been filed is identical with or similar to a part of a design indicated in a

specification, represented in a drawing, photograph or sample attached to another application for design

registration that was filed before and laid open, published or inserted in the Design Gazette pursuant to

Article 23-6 after the filing date of the aforesaid design application. <Newly Inserted by Act No. 6413, Feb. 3,

2001; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>

Article 6 (Unregistrable Designs)

Notwithstanding Article 5, no design falling under any of the following subparagraphs shall be registered:

1. Designs which are identical with or similar to the national flag, national emblem, military flags, decorations,

orders of merit, badges and medals of public organizations, national flags and national emblems of

foreign countries, or characters or indications of international organizations;

2. Designs whose meanings, contents, etc. are likely to cause an offense to public morality that represents

the normal moral sense of the public, or disrupt public order;

3. Designs which are feared to give rise to confusion with respect to articles connected with another

person's business;

4. Designs consisting solely of a shape that is indispensable to secure the functions of the article.

Article 7 (Similar Designs)

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(1) Any owner of design right or applicant for design registration shall be entitled to register the design which is

similar only to his/her registered design or design for which an application for registration has been filed

(hereinafter referred to as "basic design") as a similar design (hereinafter referred to as "similar design").

(2) The provisions of paragraph (1) shall not apply to a design that is similar only to a similar design registered

or applied for registration under paragraph (1). <Amended by Act No. 7289, Dec. 31, 2004>

Article 8 (Exception to Loss of Novelty)

(1) Where a design owned by a person entitled to a design registration falls under Article 5 (1) 1 or 2, it shall not

be deemed to fall under paragraph (1) 1 or 2 of the same Article in applying paragraphs (1) and (2) of the

same Article to the design for which an application for registration was filed within six months from such date.

(2) A person who intends to be subject to the provisions of paragraph (1) shall, at the time of filing the

application for design registration, submit a written application for design registration specifying the purport

of said intention to the Commissioner of the Korean Intellectual Property Office, and submit documents

proving the relevant facts within 30 days from the date of application for design registration: Provided, That

this shall not apply where the design falls under any subparagraph of Article 5 (1) against his/her will.

[This Article Wholly Amended by Act No. 5354, Aug. 22, 1997]

Article 9 (Application for Design Registration)

(1) Any person desiring to obtain design registration shall submit a written application for examined design

registration or application for unexamined design registration to the Commissioner of the Korean Intellectual

Property Office, stating each of the following: <Amended by Act No. 4595, Dec. 10, 1993; Act No. 5354, Aug. 22,

1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

1. The name and address of the applicant for design registration (in cases of a corporation, its title and

place of business);

IP/N/1/KOR/D/4 Page 20

2. The name and address, or place of business, of the agent of applicant for design registration, if any (in

cases of a patent corporation, its title, location of the office, and the name of an appointed patent

attorney);

3. Deleted; <by Act No. 6413, Feb. 3, 2001>

4. The article which is the object of the design;

4-2. Whether the application is for independent design registration or for similar design registration;

5. The registration or application number of the basic design (limited to cases where the applicant intends to

obtain registration for similar design under Article 7 (1));

6. The name and address of the creator of the design;

7. Matters provided for in Article 23 (3) (only for a priority claim).

(2) A written application for examined design registration or application for unexamined design registration

under paragraph (1) shall be accompanied by drawings specifying the following matters concerning each

design: <Amended by Act No. 4595, Dec. 10, 1993; Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No.

7289, Dec. 31, 2004>

1. The article that is the object of the design;

2. An explanation of the design and the gists of the creation;

3. The serial number of the design (limited to cases where the application is for multiple design registration

under Article 11-2).

(3) An applicant for design registration may submit a photograph or sample of the design in lieu of drawings

referred to in paragraph (2). <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(4) A person desiring to obtain unexamined design registration shall record, in the written application for

unexamined design registration, whether the application is for multiple design registration under Article 11-2,

and the number of designs in addition to matters falling under each subparagraph of paragraph (1).

(5) A person desiring to file an application for multiple design registration under Article 11-2 shall record, in the

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written application for unexamined design registration, matters referred to in the subparagraphs of

paragraph (1) and the serial number of each design. <Amended by Act No. 7289, Dec. 31, 2004>

(6) Designs qualifying for unexamined design registration shall be limited to articles designated by Ordinance of

the Ministry of Knowledge Economy among articles classified under Article 11 (2). In cases of designated

articles, an application may be filed only for unexamined design registration. <Newly Inserted by Act No. 5354,

Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>

(7) Matters other than those provided for in paragraphs (1) through (6), which are necessary for application for

design registration, shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by

Act No. 4541, Mar. 6, 1993; Act No. 5082, Dec. 29, 1995; Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act

No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>

Article 10 (Joint Application)

Where the right to obtain design registration is jointly owned under Article 3 (2), all joint owners shall jointly

file an application for design registration. <Amended by Act No. 7289, Dec. 31, 2004>

Article 11 (One Application Per Design Registration)

(1) An application for design registration shall be filed for each design. <Amended by Act No. 7289, Dec. 31, 2004>

(2) Any person desiring to file an application for design registration shall be subject to the classification of

articles prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 4541, Mar. 6,

1993; Act No. 5082, Dec. 29, 1995; Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31,

2004; Act No. 8852, Feb. 29, 2008>

Article 11-2 (Application for Multiple Design Registration)

(1) Notwithstanding Article 11 (1), an application for unexamined design registration may be filed for 20 or less

designs as one application for design registration (hereinafter referred to as "application for multiple design

registration"). In such cases, each design shall be represented separately. <Amended by Act No. 7289, Dec. 31,

2004>

(2) The scope of designs qualifying for application for multiple design registration shall be the same as that of

the classification of articles under Article 11 (2), prescribed by Ordinance of the Ministry of Knowledge

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Economy. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>

(3) A person desiring to file an application for multiple design registration may file an application for similar

design registration falling within the category of a basic design, together with the basic design. <Amended by

Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(4) Where a person files an application for multiple design registration of designs similar to his/her registered

design or a design for which design registration has been applied, he/she may file an application for multiple

design registration only with respect to similar designs belonging to one basic design, notwithstanding the

provisions of paragraph (3). <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]

Article 12 (Design of One Set of Articles)

(1) Where two or more articles are used together as one set of articles, and where the design of such set of

articles has a unity as a whole, the design may be applied for registration as one design. <Amended by Act No.

6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(2) The classification of a set of articles referred to in paragraph (1) shall be determined by Ordinance of the

Ministry of Knowledge Economy. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5082, Dec. 29, 1995; Act No.

6413, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008>

(3) Deleted. <by Act No. 6413, Feb. 3, 2001>

Article 13 (Confidential Designs)

(1) An applicant for design registration may request that the design be kept confidential for a prescribed period

not exceeding three years from the registration date of establishment of the design right: Provided, That for

a design for which multiple design registration has been applied, the request shall be made for all designs

for which a design registration is applied. <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001;

Act No. 7289, Dec. 31, 2004>

(2) An applicant for design registration may make the request referred to in paragraph (1) from the date he/she

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applies for the design registration until the date he/she pays the first design registration fee: Provided, That

where the registration fee has been exempted pursuant to Article 35 (1) 1 and (2), he/she may make such

request until the registration for establishment of the design right prescribed in Article 39 (2) is made.

(3) An applicant for design registration or an owner of design right may reduce or extend the period fixed by

him/her under paragraph (1) by a request. In such cases, where he/she extends that period, it shall not

exceed three years from the registration date of establishment of the design right. <Amended by Act No. 7289,

Dec. 31, 2004>

(4) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall comply with

a request for inspection of confidential design under paragraph (1): <Amended by Act No. 4894, Jan. 5, 1995;

Act No. 5354, Aug. 22, 1997; Act No. 7289, Dec. 31, 2004>

1. Where the request is made by a person who has obtained the consent of the owner of the design right;

2. Where the request is made by a party or an intervener in an examination, objection against unexamined

design registration, trial, retrial or litigation proceedings relating to a design identical with or similar to the

design kept confidential;

3. Where the request is made by a person who has clearly stated that he/she was warned of infringement of

the design right;

4. Where the request is made by a court or the Intellectual Property Tribunal.

(5) In cases of a request for laying open of application under Article 23-2, the request pursuant to paragraph (1)

shall be deemed to have been withdrawn. <Newly Inserted by Act No. 5354, Aug. 22, 1997>

Article 14 (Applications for Design Registration Filed by Unentitled Persons and Protection of Lawful Holders)

Where design registration could not be granted under Article 26 (1) 3 because the applicant for design

registration, who was not the creator of the design nor the successor to the right to obtain design registration,

was not a person entitled to obtain design registration (hereinafter referred to as "unentitled person")

pursuant to the main sentence of Article 3 (1), a subsequent application filed by the lawful holder shall be

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deemed to have been filed on the date of the application previously filed by the unentitled person: Provided,

That this shall not apply where the subsequent application is filed by the lawful holder after 30 days have

elapsed since the unentitled person failed to obtain design registration. <Amended by Act No. 7289, Dec. 31,

2004; Act No. 8187, Jan. 3, 2007>

Article 15 (Design Registration Obtained by Unentitled Persons and Protection of Lawful Holders)

If design registration is revoked or invalidated by a trial decision for lack of entitlement to obtain design

registration under the main sentence of Article 3 (1), a subsequent application for design registration filed by

the lawful holder shall be deemed to have been filed at the time of filing of the application for design

registration which was revoked or invalidated: Provided, That this shall not apply where the subsequent

application is filed after 30 days have elapsed since the decision to revoke or to invalidate it became final

and binding. <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 16 (Earlier Application)

(1) Where two or more applications for design registration relating to the same or a similar design are filed on

different dates, only the applicant who files the application first may obtain registration for the design.

(2) Where two or more applications for design registration relating to the same or a similar design are filed on

the same date, only one person agreed upon by all applicants after consultation may obtain registration for

the design and, if no agreement is reached or no consultation is possible, none of the applicants shall obtain

the registration therefor. <Amended by Act No. 7289, Dec. 31, 2004>

(3) Where an application for design registration is invalidated, withdrawn or abandoned, or a decision to reject

an application for design registration or a trial decision to reject an application for design registration

becomes final and binding, the application for design registration shall, in applying the provisions of

paragraphs (1) and (2), be deemed to have never been filed: Provided, That where a decision or a trial

decision to reject an application for design registration becomes final and binding because the application

falls under the latter part of paragraph (2), this shall not apply. <Amended by Act No. 8187, Jan. 3, 2007>

IP/N/1/KOR/D/4 Page 25

(4) An application for design registration filed by a person who is not the creator of a design, nor successor

entitled to obtain design registration shall, in applying the provisions of paragraphs (1) and (2), be deemed to

have never been filed. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004>

(5) The Commissioner of the Korean Intellectual Property Office shall, in cases of paragraph (2), order the

applicants to notify him/her of the results of the consultation within a designated period; if such notification is

not made within the designated period, the applicants shall be deemed not to have concluded agreement

under paragraph (2). <Amended by Act No. 7289, Dec. 31, 2004>

Article 17 (Amendment of Procedure)

The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property

Tribunal shall order the amendment of a procedure for design registration within a designated period where

the procedure falls under any of the following subparagraphs: <Amended by Act No. 6413, Feb. 3, 2001; Act No.

6767, Dec. 11, 2002; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>

1. Where it violates Article 4 (1) or 4-4;

2. Where it violates the formalities specified in this Act or orders by this Act;

3. Where the official fees to be paid in accordance with Article 34 have not been paid.

Article 18 (Amendment of Application and Change of Gists)

(1) Any applicant for design registration may amend matters mentioned in the written application, drawings

attached to the written application, matters described in the drawing, pictures and samples to the extent that

the gists of the initial application for design registration are not changed.

(2) Any applicant for design registration may make amendments to the application for similar design registration

for changing it into the application for independent design registration, and vice versa.

(3) Notwithstanding Article 8 (2), any person who intends to have the provisions of paragraph (1) of the same

Article applied in make amendments to an application for similar design registration for changing it into an

application for independent design registration shall record the purport in the written amendment and submit

it to the Commissioner of the Korean Intellectual Property Office, and shall submit a paper verifying it to the

IP/N/1/KOR/D/4 Page 26

Commissioner of the Korean Intellectual Property Office within 30 days from the date when the written

amendment is submitted. <Newly Inserted by Act No. 8187, Jan. 3, 2007>

(4) Any applicant for design registration may make amendments to the application for unexamined design

registration for changing it into the application for examined design registration, and vice versa.

(5) Any applicant for design registration may amend matters pursuant to paragraphs (1) through (4) before a

notification of decision to grant design registration under Article 28 or a notification of decision to reject

design registration under Article 26 (hereinafter referred to as "decision to grant or reject design registration")

is served: Provided, That where a request for retrial under Article 27-2 is filed, amendments may be made

when such request for retrial is filed. <Amended by Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>

(6) Where it is acknowledged after the registration of establishment of a design right that the amendments

pursuant to paragraphs (1) through (4) were made to change the gists of the initial application for design

registration, the application for design registration shall be deemed to have been filed at the time of

submitting the written amendment. <Amended by Act No. 8187, Jan. 3, 2007>

[This Article Wholly Amended by Act No. 7289, Dec. 31, 2004]

Article 18-2 (Dismissal of Amendments)

(1) Where any amendment pursuant to Article 18 is made to change the gists of the application for design

registration, an examiner shall dismiss the amendment by decision. <Amended by Act No. 7289, Dec. 31, 2004>

(2) Where a ruling to dismiss an amendment under paragraph (1) has been rendered, an examiner shall not

make a decision to grant or reject design registration about the application concerned until 30 days elapse

from the date when the certified copy of the said decision is served on the applicant for design registration.

(3) Where an applicant for design registration requests a trial under Article 67-2 against a ruling to dismiss an

amendment under paragraph (1), an examiner shall suspend examination of the application for design

registration until the trial decision becomes final and binding. <Amended by Act No. 7289, Dec. 31, 2004>

(4) A ruling to dismiss an amendment under paragraph (1) shall be made in writing and shall state the reasons

IP/N/1/KOR/D/4 Page 27

therefor.

[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]

Article 19 (Division of Applications)

(1) A person falling under any of the following subparagraphs may divide any part of his/her application for

design registration into one or more new applications: <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413,

Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>

1. A person who has filed one application for design registration of two or more designs in contravention of

Article 11;

2. A person who has filed an application for multiple design registration;

3. Deleted. <by Act No. 6413, Feb. 3, 2001>

(2) Where an application for design registration has been divided pursuant to the provisions of paragraph (1)

(hereinafter referred to as "divisional application"), such divisional application shall be deemed to have been

filed at the time the initial application for design registration was filed: Provided, That this shall not apply for

the purpose of Article 8 (2) or 23 (3) and (4). <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31,

2004; Act No. 8187, Jan. 3, 2007>

(3) Division of an application for design registration under paragraph (1) may be made within the period of

amendment under Article 18 (5). <Amended by Act No. 9764, Jun. 9, 2009>

(4) Deleted. <by Act No. 6413, Feb. 3, 2001>

Articles 20 and 20-2 Deleted. <by Act No. 7289, Dec. 31, 2004>

Articles 21 and 22 Deleted. <by Act No. 5576, Sep. 23, 1998>

Article 23 (Priority Claim under Treaty)

(1) When a national of a member country of a treaty which recognizes under the treaty a right of priority for an

application filed by a national of the Republic of Korea claims a right of priority for an application for design

registration in the Republic of Korea on the basis of the earlier application for the same design filed in his/her

country or in one of other member countries, the filing date of the earlier application in the foreign country

IP/N/1/KOR/D/4 Page 28

shall be deemed to be the filing date in the Republic of Korea in applying the provisions of Articles 5 and 16.

Where a national of the Republic of Korea has filed an application for design registration in a country which

recognizes, under a treaty, a right of priority for an application filed by a national of the Republic of Korea,

and claims the right of priority for the application for design registration in the Republic of Korea on the basis

of the initial application for the same design in said country, this shall also apply. <Amended by Act No. 6413,

Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(2) A person intending to claim a right of priority under paragraph (1) shall not request it without filing an

application for design registration within six months from the filing date of the initial application serving as the

basis for claiming the right of priority. <Amended by Act No. 7289, Dec. 31, 2004>

(3) A person intending to claim a right of priority under paragraph (1) shall, at the time of filing an application for

design registration, specify such claim, the name of the country in which the initial application was filed, and

the filing date of the initial application, in the application for design registration. <Amended by Act No. 7289,

Dec. 31, 2004>

(4) A person who has claimed a right of priority in accordance with paragraph (3) shall submit a written

statement setting forth the filing date of the application, certified by the government of the country where the

prior application was filed, and a certified copy of the drawing of the design, to the Commissioner of the

Korean Intellectual Property Office within three months from the filing date of the application for design

registration. <Amended by Act No. 7289, Dec. 31, 2004>

(5) Where a person who has claimed a right of priority in accordance with paragraph (3) fails to submit the

document provided for in paragraph (4) within the required deadline under paragraph (4), the claim to the

right of priority shall lose its effect.

Article 23-2 (Laying Open of Applications)

(1) An applicant for design registration may request the laying open of his/her application for design

registrations, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That a request

for multiple design registration shall be limited to a request for all the designs being applied. <Amended by Act

IP/N/1/KOR/D/4 Page 29

No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>

(2) Where a request for the laying open of an application is filed under paragraph (1), the Commissioner of the

Korean Intellectual Property Office shall lay open the design application in the Design Gazette in accordance

with Article 78: Provided, That the Commissioner of the Korean Intellectual Property Office may choose not

to lay open the application if the meanings, contents, etc. of the design are against the good morals that

represent the normal moral sense of ordinary people, or have a possibility to disrupt public order: <Amended

by Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>

1. Where the meanings, contents, etc. that the design gives may be detrimental to the good customs being

the normal moral sense of the public or may disrupt public order;

2. Where it should be kept confidential for national defense under Article 41 (1) of the Patent Act, applied

mutatis mutandis under Article 24 of this Act.

(3) No request to lay open an application provided for in paragraph (1) shall be available after the initial certified

copy of the decision to grant or reject design registration on the application for design registration has been

transmitted. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(4) Deleted. <by Act No. 6413, Feb. 3, 2001>

[This Article Newly Inserted by Act No. 5082, Dec. 29, 1995]

Article 23-3 (Effect of Laying Open of Applications)

(1) After an application is laid open, the applicant may give warning to any person who has worked as a

business the filed design or a design similar thereto, in writing, indicating that an application for design

registration has been filed. <Amended by Act No. 7289, Dec. 31, 2004>

(2) An applicant may request a person who has received warning under the provisions of paragraph (1), or

worked as a business the filed design or a design similar thereto knowing that the design has been laid open,

to pay compensation in an amount equivalent to what he/she would normally receive for working of the

design registered or a design similar thereto from the time of receipt of the warning or the time he/she

became aware of the fact that the design application had been filed to the time of registration of the

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establishment of design right. <Amended by Act No. 7289, Dec. 31, 2004>

(3) The right to request compensation under paragraph (2) may be exercised only after the establishment of

design right is registered. <Amended by Act No. 7289, Dec. 31, 2004>

(4) The exercise of the right to demand compensation under paragraph (2) shall not affect the exercise of the

design right. <Amended by Act No. 7289, Dec. 31, 2004>

(5) The provisions of Articles 63 and 67 of this Act and Articles 760 and 766 of the Civil Act shall apply mutatis

mutandis to the exercise of the right to request compensation under paragraph (1). In such cases, "time

when the damaged party or his/her legal representative became aware of such damage and of the identity of

the person causing it" in Article 766 (1) of the Civil Act shall be construed as "date on which the

establishment of the design right is registered". <Amended by Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3,

2007>

(6) Where an application for design registration is abandoned, invalidated or withdrawn after laying open of the

application, a decision to reject design registration, a decision to revoke design registration under Article 29-

7 (3), or a trial decision to invalidate a design registration under Article 68 (excluding cases under Article 68

(1) 4) has become final and binding, the right to request compensation under paragraph (2) shall be deemed

to have never existed. <Newly Inserted by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 9764,

Jun. 9, 2009>

[This Article Newly Inserted by Act No. 5082, Dec. 29, 1995]

Article 23-4 (Transfer, etc. of Right to Obtain Design Registration)

(1)The right to obtain design registration is transferable: Provided, That the right to obtain basic design

registration and the right to obtain similar design registration shall be transferred together. <Amended by Act

No. 7289, Dec. 31, 2004>

(2)The right to obtain design registration may not serve as the object of a pledge. <Amended by Act No. 7289, Dec.

31, 2004>

(3)Where the right to obtain design registration is held jointly by two or more persons, none of the joint owners

IP/N/1/KOR/D/4 Page 31

may assign his/her share without obtaining consent from all the other joint owners. <Amended by Act No. 7289,

Dec. 31, 2004>

[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]

Article 23-5 (Furnishing of Information)

Any person may furnish the Commissioner of the Korean Intellectual Property Office with information about

a design for which application for registration has been filed, together with evidence to the effect that the

design concerned is unregistrable as it falls under any subparagraph of Article 26 (1). <Amended by Act No.

7289, Dec. 31, 2004>

[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]

Article 23-6 (Insertion in Design Gazette of Application Decided to be Rejected)

Where a decision to reject an application for design registration or a trial decision to the effect that an

application for design registration shall be rejected becomes final and binding pursuant to the latter part of

Article 16 (2), the Commissioner of the Korean Intellectual Property Office shall insert matters regarding the

application for design registration in the Design Gazette pursuant to Article 78: Provided, That where the

design that has been filed for design registration falls under the proviso to Article 23-2 (2), it may not be

inserted. <Amended by Act No. 9764, Jun. 9, 2009>

[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]

Article 24 (Succession to Right to Obtain Design Registration)

(1) No succession to the right to obtain a design registration before filing of an application for the design

registration may be duly asserted against a third party unless the successor in title files the said application.

(2) Where two or more applications for design registration are filed on the same date on the basis of the right to

obtain a design registration for the same design derived by succession from the same person, the

succession to the right to obtain a registration by any person, other than the one agreed upon by all the

design registration applicants, shall not be effective.

(3) If the right to obtain a design registration is succeeded after an application for the design registration is filed,

IP/N/1/KOR/D/4 Page 32

the succession shall not be effective without a notice of change of applicant filing for a design registration,

except for the cases of inheritance and other general succession.

(4) Upon inheritance or other general succession with respect to the right to obtain a design registration, the

successor in title shall notify the Commissioner of the Korean Intellectual Property Office of the purport

without delay.

(5) Where two or more notices of the change of applicant are made on the same date, on the basis of the right

to obtain a design registration that has been derived by succession from the same person, a notice given by

any person, other than the one agreed upon after consultations among all the persons who gave notices,

shall not be effective.

(6) Article 16 (5) shall apply mutatis mutandis to cases under paragraphs (2) and (5).

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

CHAPTER III EXAMINATION

Article 25 (Examination by Examiners)

(1) The Commissioner of the Korean Intellectual Property Office shall have examiners examine applications for

design registration and objections against unexamined design registration. <Amended by Act No. 6413, Feb. 3,

2001; Act No. 7289, Dec. 31, 2004>

(2) Necessary matters concerning eligibility requirements for examiners shall be prescribed by Presidential

Decree.

Article 25-2 (Search for Prior Designs, etc.)

(1) If deemed necessary for examination of applications for design registration, the Commissioner of the Korean

Intellectual Property Office may designate a specialized organization and commission it to search prior

designs and perform other work determined by Presidential Decree.

(2) If deemed necessary for examination of applications for design registration, the Commissioner of the Korean

Intellectual Property Office may request the cooperation of, or seek advice from, relevant administrative

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authorities, organizations specialized in the relevant technology or experts with profound knowledge and

experience in designs. In such cases, the Commissioner of the Korean Intellectual Property Office may pay

them allowances or expenses within budgetary limits.

(3) Necessary matters concerning the designation standards of specialized organizations and the commission

of search, etc. for prior designs under paragraph (1), shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 25-3 (Cancellation of Designation of Specialized Organizations, etc.)

(1) Where a specialized organization referred to in Article 25-2 (1) falls under subparagraph 1, the

Commissioner of the Korean Intellectual Property Office shall cancel such designation, and where a

specialized organization falls under subparagraph 2, he/she may cancel such designation or order

suspension of its business operation by fixing a period not exceeding six months:

1. Where the organization obtains its designation through false or unfair means;

2. Where the organization fails to conform to the standard for designation under Article 25-2 (3).

(2) Where the Commissioner of the Korean Intellectual Property Office intends to cancel the designation of a

specialized organization in accordance with paragraph (1), he/she shall conduct a public hearing.

(3) Necessary matters for the standards and procedures for the designation cancelation or suspension of

business operations of specialized organizations under paragraph (1) shall be prescribed by Ordinance of

the Ministry of Knowledge Economy.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 25-4 (Accelerated Examination)

The Commissioner of the Korean Intellectual Property Office may direct an examiner to preferentially

examine an application for design registration falling under any of the following subparagraphs over other

applications:

1. Where it is acknowledged that a person, other than the applicant, is working, as a business, the design

claimed in a design registration application after the laying-open of the application;

IP/N/1/KOR/D/4 Page 34

2. Where it is acknowledged that it is necessary to urgently process a design registration application

prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 26 (Decisions to Reject Design Registration)

(1) An examiner shall render a decision to reject design registration where an application for design registration

falls under any of the following subparagraphs: <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31,

2004; Act No. 9764, Jun. 9, 2009>

1. Where design registration cannot be made in accordance with Articles 4-24, 5 through 7, 9 (6), 10, 11,

11-2, 12, and 16 (1) and (2);

2. Deleted; <by Act No. 6413, Feb. 3, 2001>

3. Where the applicant is not entitled to obtain a design registration under the main sentence of Article 3 (1),

or where the applicant is unable to obtain a design registration under the proviso to Article 3 (1);

4. Where the application for design registration is in violation of the provisions of a treaty;

5. Where the application for unexamined similar design registration falls under any of the following items:

(a) Where a design registered as a similar design or a design for which similar design registration has

been applied, is indicated as a basic design;

(b) Where the term of the design right of a basic design has expired;

where a decision to reject basic design registration becomes final and binding;

(d) Where an applicant for unexamined similar design registration is not identical with the owner of a basic

design right or an applicant for basic design registration;

(e) Where a design for which unexamined similar design registration is applied is not similar to a basic

design.

(2) Notwithstanding paragraph (1), the provisions of Articles 5, 7, and 16 (1) and (2) shall not apply to an

application for unexamined design registration: Provided, That where the design that has been filed for

IP/N/1/KOR/D/4 Page 35

unexamined design registration is not industrially applicable pursuant to the main sentence of Article 5 (1),

or can be easily created on the basis of the shape, pattern or color, or a combination thereof which is widely

known in the Republic of Korea under Article 5 (2), a decision to reject the design registration shall be

rendered. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>

(3) Notwithstanding paragraph (2), an examiner may render a decision to reject an unexamined design

registration pursuant to paragraph (1) on the basis of information and evidence concerning an application for

unexamined design registration for which information and evidence have been provided pursuant to Article

23-5. <Newly Inserted by Act No. 7289, Dec. 31, 2004>

[This Article Wholly Amended by Act No. 5354, Aug. 22, 1997]

Article 27 (Notification of Grounds for Rejection)

(1)Where an examiner intends to render a decision to reject a design registration under Article 26, he/she shall

notify the ground for rejection (referring to a ground falling under any subparagraph of Article 26 (1);

hereinafter referred to as "ground for rejection") to the applicant for design registration, and provide him/her

an opportunity to submit an argument by a designated deadline. <Amended by Act No. 5354, Aug. 22, 1997; Act

No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(2)Where an examiner renders a decision to reject some of the designs for which multiple design registration

has been applied, he/she shall specify the serial number of the rejected design, the article that is the object

of the rejected design and the grounds for rejection. <Newly Inserted by Act No. 5354, Aug. 22, 1997; Act No.

6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 27-2 (Requests for Re-Examination)

(1) An applicant for a design registration may request re-examination (hereinafter referred to as "re-

examination") with respect to his/her application for a design registration after making amendments to the

drawings, specifications described in the drawings, photographs or samples attached to the relevant

application within 30 days (or, within the extended period if the period prescribed in Article 67-3 is extended

under Article 4-14 (1)) from the date when the certified copy of the decision to reject the application for a

IP/N/1/KOR/D/4 Page 36

design registration is served: Provided, That if a decision to reject the design registration is rendered after

re-examination, or a request for a trial is made under Article 67-3, this shall not apply.

(2) If a request for re-examination is filed under paragraph (1), the decision to reject the relevant design

registration rendered prior to the request for re-examination shall be deemed revoked.

(3) No request for re-examination filed under paragraph (1) may be withdrawn.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 28 (Decisions to Grant Design Registration)

Where an examiner finds no ground for rejecting an application for design registration, he/she shall render a

decision to grant design registration. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 29 (Method of Rendering Decisions to Grant or Reject Design Registration)

(1) A decision to grant or reject design registration shall be rendered in writing and shall state the grounds

therefor. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(2) Where a decision to grant or reject design registration has been rendered, the Commissioner of the Korean

Intellectual Property Office shall serve a certified copy of the decision on the applicant for the design

registration. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 29-2 (Objections against Unexamined Design Registration)

(1) Any person may raise an objection against unexamined design registration to the Commissioner of the

Korean Intellectual Property Office on the grounds that such registration falls under any of the following

subparagraphs, from the date when the establishment of design right is registered under an application for

the unexamined design registration to the date when three months have passed since a public notification of

unexamined design registration was made. In such cases, an objection against unexamined design

registration may be raised for each design in cases of designs for which multiple design registration is

applied: <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 9762, Jun. 9, 2009>

1. Where the unexamined design registration is in violation of Article 4-24, 5, 6, 7 (1), 10, or 16 (1) and (2);

2. Where the relevant person is not entitled to obtain a design registration under the main sentence of

IP/N/1/KOR/D/4 Page 37

Article 3 (1), or is unable to obtain a design registration under the proviso to Article 3 (1);

3. Where the unexamined design registration is in violation of the provisions of a treaty.

(2) A person raising an objection against unexamined design registration (hereinafter referred to as "person

raising an objection against unexamined design registration") shall submit an application for objection

against unexamined design registration which states each of the following matters to the Commissioner of

the Korean Intellectual Property Office, together with supporting evidence: <Amended by Act No. 6413, Feb. 3,

2001; Act No. 7289, Dec. 31, 2004>

1. The name and address of the person raising an objection against unexamined design registration (in

cases of a corporation, its title and place of business);

1-2. The name, address, or place of business, if any, of the agent (in cases of a patent corporation, its title,

the location of office, and the name of the appointed patent attorney);

2. The indication of the registered design subject to the objection against unexamined design registration;

3. The purpose of the objection against unexamined design registration;

4. The grounds for the objection against unexamined design registration and indication of supporting

evidence.

(3) Where an objection against unexamined design registration is filed, the presiding examiner designated

under Article 29-4 (3) shall serve a certified copy of the objection against unexamined design registration on

the owner of the registered design right subject to the objection and provide him/her an opportunity to submit

a written reply by a designated deadline. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(4) The provisions of Article 68 (6) shall apply mutatis mutandis to the raising of an objection against

unexamined design registration under paragraph (1). <Amended by Act No. 7289, Dec. 31, 2004>

[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]

Article 29-3 (Amendment of Grounds, etc. for Objection against Unexamined Design Registration)

A person raising an objection against unexamined design registration may amend the grounds or evidence

indicated on a written objection against unexamined design registration within 30 days from the date of filing

IP/N/1/KOR/D/4 Page 38

of the said objection. <Amended by Act No. 7289, Dec. 31, 2004>

[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]

Article 29-4 (Board of Examiners for Examination and Decision)

(1) A board of three examiners shall examine and decide on an objection against unexamined design

registration. <Amended by Act No. 7289, Dec. 31, 2004>

(2) The Commissioner of the Korean Intellectual Property Office shall designate examiners constituting a board

of examiners for each objection against unexamined design registration. <Amended by Act No. 7289, Dec. 31,

2004>

(3) The Commissioner of the Korean Intellectual Property Office shall appoint one of the examiners designated

under paragraph (2) as a presiding examiner.

(4) Articles 72-7 (2), 72-8 (2), and 72-9 (2) and (3) shall apply mutatis mutandis to a board of examiners and a

presiding examiner. <Amended by Act No. 9764, Jun. 9, 2009>

[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]

Article 29-5 (Ex Officio Examination of Objections against Unexamined Design Registration)

(1) When an objection against unexamined design registration is examined, the grounds for the objection that

are not raised by the applicant for objection against unexamined design registration may be examined. In

such cases, the owner of design right or the applicant for objection against unexamined design registration

shall be provided an opportunity to state his/her opinion about such grounds within a specified period.

(2) When an objection against unexamined design registration is examined, the registered design for which an

applicant for objection against unexamined design registration has not applied shall not be examined.

[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]

Article 29-6 (Amalgamation or Separation of Objections against Unexamined Design Registration)

A board of examiners may examine and decide on two or more objections against unexamined design

registration by amalgamating or separating them.

[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]

IP/N/1/KOR/D/4 Page 39

Article 29-7 (Decisions on Objections against Unexamined Design Registration)

(1) A board of examiners shall render a decision on any objection against unexamined design registration after

the time set under Articles 29-2 (3) and 29-3 has lapsed. <Amended by Act No. 7289, Dec. 31, 2004>

(2) Notwithstanding Article 29-2 (3), where a person filing an objection against unexamined design registration

fails to submit the grounds and evidence thereon, the presiding examiner may dismiss the objection against

unexamined design registration by decision after such time as referred to in Article 29-3 has lapsed.

(3) Where it is deemed that an objection against unexamined design registration is reasonable, a board of

examiners shall render a decision to revoke the registered design (hereinafter referred to as "decision to

revoke design registration"). <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(4)Where a decision to revoke a design registration becomes final and binding, the design right shall be deemed

to have never existed. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(5) Where it is deemed that an objection against unexamined design registration is unreasonable, a board of

examiners shall render a decision to maintain the design registration (hereinafter referred to as "decision to

maintain design registration"). <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(6) No appeal shall be made against a decision to dismiss an objection against unexamined design registration

or a decision to maintain design registration. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31,

2004>

[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]

Article 29-8 (Method of Deciding on Objections against Unexamined Design Registration)

(1) Any decision on an objection against unexamined design registration shall be made in documents which

describe each of the following matters, and the examiner who rendered a decision shall put his/her name

and seal thereon:

1. Number of the case of application for the objection against unexamined design registration;

2. Names and addresses of the owner of design right and of the applicant for the objection against

IP/N/1/KOR/D/4 Page 40

unexamined design registration (in cases of a corporation, its title and location of its place of business);

3. Where the owner of design right or the applicant for the objection against unexamined design registration

has an agent, his/her name, address and location of a business office (where the agent is a patent

corporation, its title and location of its business office and the name of the designated patent attorney);

4. Indication of the design related with the decision;

5. Conclusion and grounds for the decision;

6. Date of the decision.

(2)The presiding examiner shall serve a certified copy of decision on the applicant for the objection against

unexamined design registration and the owner of design right when a decision on the objection against

unexamined design registration has been rendered.

[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]

Article 29-9 (Withdra3wal of Applications for Objection against Unexamined Design Registration)

(1) No application for objection against unexamined design registration shall be withdrawn after a notice of

statement of opinion pursuant to the latter part of Article 29-5 (1) is given, or a certified copy of decision

pursuant to Article 29-8 (2) is served.

(2) If an application for objection against unexamined design registration is withdrawn, the said application shall

be deemed not to exist from the beginning. <Amended by Act No. 9764, Jun. 9, 2009>

[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]

Article 30 (Mutatis Mutandis Application of Provisions on Trial to Examination)

Article 72-11 (excluding subparagraph 6 of the same Article) shall apply mutatis mutandis to the examination

of applications for design registration. In such cases, "trial" shall be construed as "examination", and

"administrative patent judge" as "examiner".

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

Article 30-2 (Suspension of Examination or Litigation Proceedings)

(1) The examination procedure of a design registration application may, if necessary, be suspended until a trial

IP/N/1/KOR/D/4 Page 41

decision thereon becomes final and binding or litigation proceedings concerned have been complete.

(2) The court may, if necessary, suspend litigation proceedings until a decision on the design registration

application becomes final and binding.

(3) No appeal shall be made against the suspension under paragraphs (1) and (2).

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 30-3 (Provisions Applicable Mutatis Mutandis)

The provisions of Articles 30-2, 72-5, 72-11 (excluding subparagraph 6 of the same Article), 72-18 (7), 72-21,

72-29 (3) through (6), and 72-30 shall apply mutatis mutandis to the examination and decision of an

application for objection against unexamined design registration.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

CHAPTER IV REGISTRATION FEES AND DESIGN REGISTRATION,

ETC.

Article 31 (Design Registration Fees)

(1) Any person desiring to register the establishment of a design right under Article 39 (1) shall pay a design

registration fee (hereafter referred to as "registration fee") covering the three-year period from the date when

he/she intends to register the establishment (hereinafter referred to as "registration date of the

establishment"), and the owner of a design right shall pay an annual registration fee, starting from the

registration fee for the next year, based on the date corresponding to the registration date of the

establishment. <Amended by Act No. 9764, Jun. 9, 2009>

(2) Notwithstanding paragraph (1), the owner of a design right may pay the registration fees for several years or

all years in lump sum in accordance with the order of payment. <Amended by Act No. 9764, Jun. 9, 2009>

(3) The registration fees, methods and periods of payment of such fees, and other necessary matters under

paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Knowledge Economy. <Newly

Inserted by Act No. 9764, Jun. 9, 2009>

IP/N/1/KOR/D/4 Page 42

Article 31-2 (Abandonment by Each Design at Time of Payment of Registration Fee)

(1) Any person who receives a decision to grant registration of designs for which multiple design registration is

applied may abandon such by each design at the time of payment of the registration fee. <Amended by Act No.

7289, Dec. 31, 2004>

(2) Matters necessary for the abandonment of a design under paragraph (1) shall be prescribed by Ordinance of

the Ministry of Knowledge Economy. <Amended by Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]

Article 32 (Payment of Registration Fees by Interested Parties)

(1) Regardless of the intent of a person liable to pay a registration fee, any interested party may pay such fee.

(2) An interested party who has paid the registration fee in accordance with paragraph (1) may request

reimbursement of the fee from a person liable to it to the extent that the person liable to it receives any profit

therefrom at present.

Article 33 (Late Payment, etc. of Registration Fees)

(1) Any person wishing to register the establishment of a design right, or an owner of a design right, may make

late payment of the registration fee within six months from the expiration of the payment period under Article

31 (3). <Amended by Act No. 9764, Jun. 9, 2009>

(2) Where late payment of the registration fee is made under paragraph (1), an amount determined by

Ordinance of the Ministry of Knowledge Economy within the extent not exceeding twice the amount of the

registration fee shall be paid. <Amended by Act No. 9764, Jun. 9, 2009>

(3) Where the registration fee is not paid within the period of late payment referred to in paragraph (1) (referring

to cases where remainder payment is not made within the period of remainder payment referred to in Article

33-2 (2), if, in spite of the expiration of the period of late payment, the period of remainder payment does not

expire), a person intending to register the establishment of a design right shall be considered to have

withdrawn the application for design registration, and the design right of the owner thereof shall be

considered to have been extinguished retroactively to the day following the expiration date of the period

IP/N/1/KOR/D/4 Page 43

covered by the registration fee paid under Article 31 (1) or (2). <Amended by Act No. 9764, Jun. 9, 2009>

Article 33-2 (Remainder Payment of Registration Fees)

(1) Where a person wishing to register the establishment of a design right or an owner of a design right fails to

pay part of the registration fee within the period fixed under Article 31 (3) or 33 (1), the Commissioner of the

Korean Intellectual Property Office shall order him/her to pay the remaining portion. <Amended by Act No.

7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>

(2) A person who receives an order to pay the remaining portion under paragraph (1) may make the remainder

payment of the registration fee within one month after the order is received.

(3) A person who makes the remainder payment of the registration fee under paragraph (2) shall pay an amount

determined by Ordinance of the Ministry of Knowledge Economy within the extent not exceeding twice the

amount of the unpaid registration fee, if he/she falls under any of the following subparagraphs: <Amended by

Act No. 9764, Jun. 9, 2009>

1. Where he/she pays the remaining portion of the registration fee after the period of payment under Article

31 (3) has elapsed;

2. Where he/she pays the remaining portion of the registration fee after the period of late payment under

Article 33 (1) has elapsed.

[This Article Newly Inserted by Act No. 6767, Dec. 11, 2002]

Article 33-3 (Restoration, etc. of Application for Design Registration and Design Right by Late Payment or

Remainder Payment of Registration Fees)

(1) Where a person wishing to register the establishment of a design right or an owner of a design right fails to

pay the registration fee within the period of late payment under Article 33 (1) or to pay the remaining portion

of the registration fee within the period of remainder payment under Article 33-2 (2) for any reasons not

attributable to him/her, he/she may pay the whole or remaining portion of the registration fee within 14 days

from the date on which the reason ceases to exist: Provided, That this shall not apply where six months

have elapsed since the expiration date of the period of late payment or remainder payment, whichever is

IP/N/1/KOR/D/4 Page 44

later. <Amended by Act No. 6767, Dec. 11, 2002; Act No. 7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>

(2) Where the whole or remaining portion of the registration fee is paid in accordance with paragraph (1), the

application for design registration concerned shall be deemed not to have been abandoned, and the design

right concerned shall be deemed to have continued to exist, notwithstanding the provisions of Article 33 (3).

(3) Where a design right is extinguished during the working of the relevant registered design due to failure to

pay the registration fee within the period of late payment under Article 33 (1) or to pay the remaining portion

of the registration fee within the period of remainder payment under Article 33-2 (2), the owner of the design

right may make an application for the restoration of the extinguished right within three months from the date

when the period of late or remainder payment expired, subject to the payment of an amount equivalent to

three times the registration fee referred to in Article 31. In such cases, the relevant design right shall be

deemed to have continued to exist. <Newly Inserted by Act No. 7556, May 31, 2005; Act No. 9764, Jun. 9, 2009>

(4) The effects of an application for design registration or a design right under paragraph (2) or (3) shall not

extend to the act of working the said design or a design similar thereto by another person from the date of

expiration of the period for late payment of the registration fee to the date of actual payment or remainder

payment of the fee (hereinafter referred to as "period of limited effect"). <Amended by Act No. 6767, Dec. 11,

2002; Act No. 7289, Dec. 31, 2004; Act No. 7556, May 31, 2005; Act No. 9764, Jun. 9, 2009>

(5) Where a person has, in good faith, been working as a business or is preparing to work a design for which

design registration has been applied, a registered design, or a design similar thereto under paragraph (2) or

(3) in the Republic of Korea during the period of limited effect, he/she shall have a non-exclusive license for

the relevant design right, within the scope of the object of the design or business that he/she is working as a

business or preparing to work. <Amended by Act No. 7289, Dec. 31, 2004; Act No. 7556, May 31, 2005>

(6) Any person who has been granted a non-exclusive license in accordance with paragraph (5) shall pay

reasonable consideration to the owner of the design right or the exclusive licensee. <Amended by Act No. 7289,

Dec. 31, 2004; Act No. 7556, May 31, 2005>

IP/N/1/KOR/D/4 Page 45

[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]

Article 34 (Official Fees)

(1) Any person who files an application for design registration, files a request, or undertakes any other

procedure shall pay an official fee. <Amended by Act No. 7289, Dec. 31, 2004>

(2) Matters necessary for the payment of official fees, including the method and deadline for payment of the

official fees under paragraph (1), shall be prescribed by Ordinance of the Ministry of Knowledge Economy.

<Amended by Act No. 4541, Mar. 6, 1993; Act No. 5082, Dec. 29, 1995; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec.

31, 2004; Act No. 8852, Feb. 29, 2008>

Article 35 (Reduction of or Exemption from Registration Fees or Official Fees)

(1) Notwithstanding Articles 31 and 34, the Commissioner of the Korean Intellectual Property Office shall grant

an exemption from the payment of registration fees or official fees falling under any of the following

subparagraphs: <Amended by Act No. 7289, Dec. 31, 2004>

1. Official fees or registration fees in relation to applications for design registration or design right belonging

to the State;

2. Official fees for request for an invalidation trial made by an examiner under Article 68 (1).

(2) Notwithstanding Articles 31 and 34, where an application for design registration has been filed by an entitled

person in accordance with Article 5 of the National Basic Living Security Act, or a person prescribed by

Ordinance of the Ministry of Knowledge Economy, the Commissioner of the Korean Intellectual Property

Office may grant a reduction or exemption of the registration fees for the first three years for the registration

of the establishment of a design right, and the official fees prescribed by Ordinance of the Ministry of

Knowledge Economy. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5082, Dec. 29, 1995; Act No. 6024, Sep. 7,

1999; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 8852, Feb. 29,

2008>

(3) A person who wishes to obtain a reduction or exemption of the registration fees and the official fees in

accordance with paragraph (2) shall submit documents prescribed by Ordinance of the Ministry of

IP/N/1/KOR/D/4 Page 46

Knowledge Economy to the Commissioner of the Korean Intellectual Property Office. <Amended by Act No.

4541, Mar. 6, 1993; Act No. 5082, Dec. 29, 1995; Act No. 6413, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008>

Article 36 (Refund of Registration Fees, etc.)

(1) The registration fees and official fees which have been paid shall not be refundable: Provided, That such

fees shall be refunded at the request of the payer where they fall under any of the following subparagraphs:

<Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan.

3, 2007>

1. Registration fees and official fees erroneously paid;

2. Amounts corresponding to the registration fees for the years following the year in which the decision to

revoke or invalidate the design registration becomes final and binding;

3. Application fees for design registration which have already been paid where the application for design

registration concerned has been withdrawn or abandoned within one month after the date when the

application for design registration (excluding an application for design registration with a request for an

accelerated examination, a divisional application, or an application for design registration that would be

the basis of a divisional application) was filed.

(2) Where the registration fees and official fees that have been paid fall under any subparagraph of paragraph

(1), the Commissioner of the Korean Intellectual Property Office shall notify those who have paid them

thereof. <Amended by Act No. 8187, Jan. 3, 2007>

(3) Requests for the refund of registration fees and official fees pursuant to the proviso to the main sentence of

paragraph (1) shall not be filed three years after the date the notification pursuant to the provisions of

paragraph (2) is received. <Amended by Act No. 8187, Jan. 3, 2007; Act No. 8456, May 17, 2007>

[This Article Wholly Amended by Act No. 4595, Dec. 10, 1993]

Article 37 (Design Register)

(1) The Commissioner of the Korean Intellectual Property Office shall keep a Design Register at the Korean

Intellectual Property Office, and register the following matters: <Amended by Act No. 6767, Dec. 11, 2002; Act No.

IP/N/1/KOR/D/4 Page 47

7289, Dec. 31, 2004>

1. The establishment, transfer, extinguishment, restoration, or restriction on disposal of a design right;

2. The establishment, maintenance, transfer, modification, extinguishment, or restriction on disposal of an

exclusive or non-exclusive license;

3. The establishment, transfer, modification, extinguishment, or restriction on disposal of a pledge on a

design right or on an exclusive or non-exclusive license.

(2) The Design Register under paragraph (1) may be stored in whole or in part in electronic format, such as an

electronic recording medium. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(3) Necessary matters for the particulars and procedures of registration, etc. other than those provided for in

paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 38 (Issuance of Design Registration Certificate)

(1) When the establishment of a design right has been registered, the Commissioner of the Korean Intellectual

Property Office shall issue a design registration certificate to the owner of the design right. <Amended by Act

No. 7289, Dec. 31, 2004>

(2) When a design registration certificate does not coincide with the Design Register or other documents, the

Commissioner of the Korean Intellectual Property Office shall, upon request or ex officio, reissue the design

registration certificate with amendments, or issue a new design registration certificate. <Amended by Act No.

7289, Dec. 31, 2004>

CHAPTER V DESIGN RIGHT

Article 39 (Registration of Establishment of Design Right)

(1) A design right shall be created by dint of the registration of its establishment. <Amended by Act No. 7289, Dec.

31, 2004>

(2) When a registration fee has been paid in accordance with Article 31 (1), the late payment of a registration

fee has been made in accordance with Article 33 (1), the remainder payment of a registration fee has been

IP/N/1/KOR/D/4 Page 48

made in accordance with Article 33-2 (2), the payment or remainder payment of a registration fee has been

made in accordance with Article 33-3 (1), or an exemption from payment of a registration fee has been

granted in accordance with Article 35 (1) 1 or (2), the Commissioner of the Korean Intellectual Property

Office shall register the establishment of the design right concerned. <Amended by Act No. 6767, Dec. 11, 2002;

Act No. 7289, Dec. 31, 2004>

(3) When a registration pursuant to paragraph (2) has been made, the Commissioner of the Korean Intellectual

Property Office shall publicize the registration by inserting matters prescribed by Presidential Decree, such

as the name and address of the owner of the design right, design registration number, etc., in the Design

Gazette. <Amended by Act No. 8187, Jan. 3, 2007>

Article 40 (Duration of Design Right)

(1) The duration of a design right shall be 15 years from the date of registration of its establishment: Provided,

That the expiration date of the duration of a design right relating to a similar design shall be the expiration

date of the duration of the design right relating to a basic design. <Amended by Act No. 4595, Dec. 10, 1993; Act

No. 5354, Aug. 22, 1997; Act No. 7289, Dec. 31, 2004>

(2) Where the establishment of a design right is registered under Article 15 with respect to an application for

design registration of a lawful holder, the duration of the design right under paragraph (1) shall be counted

from the day following the date of registration of the design right previously filed by an unentitled person.

Article 41 (Effect of Design Right)

An owner of a design right shall, as a business, have the exclusive right to work a registered design and a

design similar thereto: Provided, That where the design right is subject to an exclusive license, this shall not

apply to the extent that the exclusive licensee has the exclusive right to work the registered design or a

design similar thereto under Article 47 (2). <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31,

2004>

Article 42 (Design Right for Similar Designs)

IP/N/1/KOR/D/4 Page 49

A design right relating to a similar design as provided for in Article 7 (1) shall be incorporated in a design

right for its basic design. <Amended by Act No. 7289, Dec. 31, 2004>

Article 43 (Scope of Protection of Registered Designs)

The scope of protection of a registered design shall be determined by the matters entered in an application

for design registration, the design represented in a drawing or photograph attached to the application, and in

the explanation of the design described in the sample and drawing. <Amended by Act No. 6413, Feb. 3, 2001;

Act No. 7289, Dec. 31, 2004>

Article 44 (Scope to which Effect of Design Right is not Extended)

(1) The effect of a design right shall not extend to any of the following: <Amended by Act No. 7289, Dec. 31, 2004>

1. Working of a registered design for the purpose of research or experiment;

2. Vessels, aircraft or vehicles merely passing through the Republic of Korea, or the machinery, instruments,

equipment or other things used therein;

3. Things existing in the Republic of Korea since an application for design registration was filed.

(2) Where a font is registered as a design right, the effect of such design right shall not extend insofar as it falls

under any of the following subparagraphs: <Newly Inserted by Act No. 7289, Dec. 31, 2004>

1. Where the font is used in the ordinary process, such as typing, typesetting, printing, etc.;

2. Where it is the resulting material produced by the use of font pursuant to the provisions of subparagraph

Article 45 (Relationship with Another Person's Registered Design, etc.)

(1) Where a registered design is made by use of another person's registered design or design similar thereto,

patented invention, registered utility model or registered trademark under an application filed prior to the

filing date of the application for the registration of the design concerned, or where a design right conflicts

with another person's patent right, utility model right or trademark right under an application filed prior to the

filing date of the application for registration of the design concerned, the owner of the design right or

exclusive or non-exclusive licensee shall not work, as a business, the registered design without the

IP/N/1/KOR/D/4 Page 50

permission from the owner of the earlier design right, patent right, utility model right or trademark right, or

without compliance with Article 70. <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No.

7289, Dec. 31, 2004>

(2) Where a design similar to a registered design is made by use of another person's registered design or

design similar thereto, patented invention, registered utility model or registered trademark under an

application filed prior to the filing date of the application for the registration of the design concerned, or

where a right of the design similar to the registered design conflicts with another person's design right,

patent right, utility model right or trademark right under an application filed prior to the filing date of the

application for registration of the design concerned, the owner of the design right or exclusive or non-

exclusive licensee shall not work, as a business, the design similar to the registered design without the

permission from the owner of the earlier design right, patent right, utility model right or trademark right, or

without compliance with Article 70. <Newly Inserted by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act

No. 7289, Dec. 31, 2004>

(3) Where a registered design or a design similar thereto is made by use of, or conflicts with, another person's

owner of the design right or exclusive or non-exclusive licensee shall not work, as a business, the registered

design or design similar thereto without the permission from the owner of the copyright. <Amended by Act No.

6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 46 (Assignment and Joint Ownership of Design Right)

(1) A design right may be assigned: Provided, That a design right for a basic design and a design right for a

similar design thereto shall be assigned together. <Amended by Act No. 7289, Dec. 31, 2004>

(2) Where a design right is owned jointly, each joint owner may neither assign his/her share nor establish a

pledge upon it without the consent of all the other joint owners. <Amended by Act No. 7289, Dec. 31, 2004>

(3) Where a design right is owned jointly, each joint owner may, except as otherwise agreed by a contract

among all the joint owners, work the registered design or the design similar thereto by himself/herself

IP/N/1/KOR/D/4 Page 51

without the consent of the other joint owners. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31,

2004>

(4) Where a design right is owned jointly, each joint owner may neither establish an exclusive license nor permit

a non-exclusive license under the design right without the consent of all the other joint owners. <Amended by

Act No. 7289, Dec. 31, 2004>

(5) A design right registered as a multiple design may be divided and transferred for each design. <Newly

Inserted by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 47 (Exclusive License)

(1) An owner of a design right may establish an exclusive license on the design right for another person.

(2) An exclusive licensee who has an exclusive license established under paragraph (1) shall have the

exclusive right to work the registered design or the design similar thereto, within the limit provided for in the

act of establishment. <Amended by Act No. 7289, Dec. 31, 2004>

(3) An exclusive licensee shall not transfer the exclusive license without the consent of the owner of the design

right, except where it is transferred together with the business in which it is worked or where inheritance or

other general succession takes place. <Amended by Act No. 7289, Dec. 31, 2004>

(4) An exclusive licensee shall not establish a pledge or grant a nonexclusive license on the exclusive license

without the consent of the owner of the design right. <Amended by Act No. 7289, Dec. 31, 2004>

(5) The provisions of Article 46 (2) through (4) shall apply mutatis mutandis to exclusive licenses.

Article 48 (Effect of Registration of Design Right and Exclusive License)

(1) Each of the following shall be of no effect unless it is registered:

1. The transfer (excluding cases through inheritance or other general succession) or extinguishment by

abandonment, or restriction on the disposal of a design right;

2. The grant, transfer (excluding cases through inheritance or other general succession), modification,

extinguishment (excluding cases through confusion), or restriction on the disposal of an exclusive license;

IP/N/1/KOR/D/4 Page 52

3. The establishment, transfer (excluding cases through inheritance or other general succession),

modification, extinguishment (excluding cases through confusion), or restriction on the disposal of a

pledge on a design right or exclusive license.

(2) Inheritance of, or other general succession relating to a design right, exclusive license, and pledge under

any subparagraph of paragraph (1) shall be notified, without delay, to the Commissioner of the Korean

Intellectual Property Office.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 49 (Non-Exclusive License)

(1) An owner of a design right may grant a non-exclusive license on his/her design right for another person.

(2) A non-exclusive licensee shall have the right to work the registered design and a design similar thereto

within the limit provided for in this Act or the act of establishment. <Amended by Act No. 4595, Dec. 10, 1993; Act

No. 7289, Dec. 31, 2004>

(3) A non-exclusive license under Article 70 shall be transferred together with the relevant design right of the

non-exclusive licensee, and shall be extinguished at the same time as the relevant design right is

extinguished. <Amended by Act No. 9764, Jun. 9, 2009>

(4) No non-exclusive license, other than those described in paragraph (3), may be transferred without the

consent of the design right holder (or the design right holder and the exclusive licensee in cases of a non-

exclusive license on an exclusive license), unless the transfer is made together with the underlying business

or through inheritance or other general succession. <Newly Inserted by Act No. 9764, Jun. 9, 2009>

(5) No pledge may be established on a non-exclusive license, other than those under paragraph (3), without the

consent of the design right holder (or the design right holder and the exclusive licensee in cases of a non-

exclusive license on an exclusive license). <Newly Inserted by Act No. 9764, Jun. 9, 2009>

(6) Article 46 (2) and (3) shall apply mutatis mutandis to non-exclusive licenses. <Newly Inserted by Act No. 9764,

Jun. 9, 2009>

IP/N/1/KOR/D/4 Page 53

Article 50 (Non-Exclusive License by Prior Use)

Where, at the time of filing an application for design registration, a person who has created the design which

is identical with or similar to the design in an existing application, without having prior knowledge of the

design in the application, or has learned the design from the creator, and has been working the design in the

Republic of Korea, or has been making preparations therefor, such person shall have a non-exclusive

license for the design right to the design applied for registration, to the extent of the objective of design and

project which he/she works or prepares for. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31,

2004; Act No. 8187, Jan. 3, 2007>

Article 50-2 (Non-Exclusive License by Earlier Application)

Where, at the time of registering the establishment of a design right of another person, a person (excluding

those falling under Article 50) who has created the design which is identical with or similar to the design in

an existing application, without having prior knowledge of the design in the application, or has learned the

design from the creator, and has been working the design in the Republic of Korea, or has been making

preparations therefor, such person shall have a non-exclusive license for the design right, to the extent of

the objective of design and project which he/she works or prepares for:

1. It is required that he/she applied for registration of the design or similar design before the date when

another person applied for design registration for the establishment and registration of design right, and

has started or has prepared to start a business practicing the design regarding the application for design

registration;

2. It is required that a decision or a trial decision to reject an application for design registration filed ahead of

others for a design referred to in subparagraph 1 has been final and binding.

[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]

Article 51 (Non-Exclusive License due to Working prior to Registration of Request for Invalidation Trial)

(1) Where a person falling under any of the following subparagraphs has been working a registered design or a

design similar thereto or has been making preparations therefor in the Republic of Korea, prior to the

IP/N/1/KOR/D/4 Page 54

registration of a request for an invalidation trial on the design registration concerned, without knowing that

the design registration is subject to invalidation, such person shall have a non-exclusive license on that

design right or on the exclusive license existing at the time the design registration was invalidated, to the

extent of the objective of design and project which he/she works or prepares for: <Amended by Act No. 7289,

Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>

1. The original owner of the design right, where one of two or more design registrations granted for the

same or a similar design has been invalidated;

2. The original owner of the design right, where his/her design registration has been invalidated and a

design registration for the same or a similar design has been granted to a lawful holder;

3. A person who has already been granted an exclusive or non-exclusive license, or non-exclusive license

on the exclusive license, at the time of registration of the request for an invalidation trial on the design

right that has been invalidated in cases of subparagraph 1 or 2 and who falls under any of the following

items:

(a) A person who has completed registration of the non-exclusive license or exclusive license concerned;

(b) A person who has been granted a non-exclusive license falling under Article 52-2 (2).

(2) A person who has been granted a non-exclusive license in accordance with paragraph (1) shall pay

reasonable consideration for the right to the owner of the design right or the exclusive licensee. <Amended by

Act No. 7289, Dec. 31, 2004>

Article 52 (Non-Exclusive License After Expiration of Duration of Design Right, etc.)

(1) Where a design similar to a registered one conflicts with a design right which has been registered prior to or

on the date of application for registration of the design (hereinafter referred to as "original design right"), the

owner of the original design right shall have a non-exclusive license with respect to the design right within

the scope of the original design right when the duration of original design right expires, or have a

nonexclusive license with respect to the exclusive license of the design right which exists at the time the

duration of original design right expires. <Amended by Act No. 7289, Dec. 31, 2004>

IP/N/1/KOR/D/4 Page 55

(2) In cases of paragraph (1), an exclusive licensee of an original design right which exists at the time the

duration of the original right expires, or a non-exclusive licensee registered under Article 52-2 (1), shall have

a non-exclusive license with respect to the design right within the scope of the original design right, or have

a non-exclusive license with respect to the exclusive license of the design right which exists at the time the

duration of original design right expires. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act

No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>

(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis where a registered design or a design

similar thereto conflicts with a patent right or a utility model right which has been registered prior to or on the

date of application for design registration, and where the duration of the patent right or utility model right

expires. <Amended by Act No. 7289, Dec. 31, 2004>

(4) A non-exclusive licensee pursuant to the provisions of paragraph (2) (including cases as applicable mutatis

mutandis in paragraph (3)) shall pay reasonable consideration for it to the owner of the design right or the

exclusive licensee in relation to the design right. <Amended by Act No. 7289, Dec. 31, 2004>

[This Article Wholly Amended by Act No. 5354, Aug. 22, 1997]

Article 52-2 (Effect of Registration of Non-Exclusive License)

(1) When a non-exclusive license has been registered, it shall also be effective against any person who

subsequently acquires the design right or an exclusive license.

(2) A non-exclusive license granted under Article 33-3 (5), 50, 50-2, 51, 52, 58, 74-2 or 74-3 of this Act and

Article 10 (1) of the Invention Promotion Act shall have the same effect as prescribed by paragraph (1) of

this Article even if it has not been registered.

(3) The transfer, modification, extinguishment or restriction on disposal of a non-exclusive license or the

establishment, transfer, modification, extinguishment or restriction on disposal of a pledge relating to a

nonexclusive license shall not be effective against a third party unless they are registered.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 53 (Abandonment of Design Right)

IP/N/1/KOR/D/4 Page 56

An owner of a design right may abandon his/her design right. <Amended by Act No. 7289, Dec. 31, 2004>

Article 54 (Restriction on Abandonment of Design Right, etc.)

(1) No owner of a design right shall abandon his/her design right without the consent of the exclusive licensee,

pledgee, or non-exclusive licensee under Articles 47 (4) or 49 (1) of this Act or Article 10 (1) of the Invention

Promotion Act. <Amended by Act No. 7289, Dec. 31, 2004; Act No. 7869, Mar. 3, 2006; Act No. 8357, Apr. 11, 2007>

(2) No exclusive licensee shall abandon his/her exclusive license without the consent of the pledgee or non-

exclusive licensee under the provisions of Article 47 (4).

(3) No non-exclusive licensee shall abandon his/her non-exclusive license without the consent of the pledgee.

Article 55 (Effect of Abandonment)

Where a design right or exclusive or non-exclusive license thereon is abandoned, such right or license shall

lose its effect from that time on. <Amended by Act No. 7289, Dec. 31, 2004>

Article 56 (Pledge)

Where a pledge right the object of which is a design right or exclusive or non-exclusive license is established,

the pledgee shall not work the registered design except as otherwise prescribed by a contract. <Amended by

Act No. 7289, Dec. 31, 2004>

Article 57 (Subrogation of Pledge Right)

A pledge may be exercised against compensation under this Act or against consideration or goods to be

received for the working of the design right: Provided, That an attachment order shall be made prior to the

payment or delivery of such. <Amended by Act No. 5354, Aug. 22, 1997; Act No. 7289, Dec. 31, 2004>

Article 58 (Non-Exclusive License Depending on Transfer of Design Right by Exercise of Pledge Right)

Where an owner of a design right has worked the registered design or the design similar thereto which is the

object of a pledge prior to the establishment of the pledge, and the design right is subsequently sold at

auction, etc., he/she shall have a non-exclusive license for the design right. In such cases, the owner of the

design right shall pay reasonable consideration to the transferee of the design right. <Amended by Act No.

7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>

IP/N/1/KOR/D/4 Page 57

[This Article Wholly Amended by Act No. 4595, Dec. 10, 1993]

Article 59 (Extinguishment of Design Right in Absence of Successor)

A design right shall be extinguished if, at the time of succession, no successor exists. <Amended by Act No.

7289, Dec. 31, 2004>

Article 60 Deleted. <by Act No. 7289, Dec. 31, 2004>

Article 61 (Title of Execution on Consideration and Amount of Compensation)

A final and binding ruling by the Commissioner of the Korean Intellectual Property Office on consideration or

the amount of compensation to be paid under this Act shall have the same effect as an enforceable title of

execution. In such cases, the enforceable writ shall be issued by a public official of the Korean Intellectual

Property Office.

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

CHAPTER VI PROTECTION OF OWNERS OF DESIGN RIGHTS

Article 62 (Right to Seek Injunction against Infringement, etc.)

(1) An owner of a design right or exclusive licensee may demand a person who is infringing or is likely to

infringe on his/her rights to discontinue or prevent such infringement. <Amended by Act No. 7289, Dec. 31,

2004>

(2) An owner of design right or exclusive licensee of a design which has been requested to be kept confidential

pursuant to Article 13 (1) shall not claim pursuant to the provisions of paragraph (1), until he/she issues a

warning by submitting a document certified by the Commissioner of the Korean Intellectual Property Office,

as prescribed by Ordinance of the Ministry of Knowledge Economy, on the following matters regarding such

design: <Newly Inserted by Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>

1. Name and address (in cases of a corporation, its title and location of the main office) of the owner of the

design right or the exclusive licensee (limited to cases where the exclusive licensee requests);

2. Number and date of an application for design registration;

IP/N/1/KOR/D/4 Page 58

3. Number and date of an design registration;

4. Drawings, pictures or contents of samples attached to the written application of design registration.

(3) An owner of a design right or an exclusive licensee who makes a demand under paragraph (1) may request

the destruction of the articles which resulted from the act of infringement, the removal of the facilities used

for the act of infringement, or other measures necessary to prevent the infringement. <Amended by Act No.

7289, Dec. 31, 2004>

Article 63 (Acts Deemed Infringement)

The acts of commercially or industrially manufacturing, assigning, leasing, exporting, importing or offering for

assigning or leasing, as a business, articles used exclusively for the manufacture of articles to which a

registered design or design similar thereto is applied shall be deemed an infringement of the design right or

exclusive license. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31,

2004; Act No. 10809, Jun. 30, 2011>

Article 64 (Presumption, etc. of Amount of Damages)

(1) Where an owner of a design right or exclusive licensee claims compensation from a person who has

intentionally or negligently infringed the design right or exclusive license and the latter transfers articles

which cause the infringement, the amount of damages suffered by the owner of the design right or exclusive

licensee may be calculated by multiplying the number of transferred articles by the profit per unit of the

articles that the owner of the design right or exclusive licensee might have sold in the absence of said

infringement. In such cases, the amount of damages shall not exceed the amount calculated by multiplying,

the number obtained by subtracting the number of articles actually sold from the number of articles which

the owner of the design right or exclusive licensee could have produced, by the estimated profit per unit:

Provided, That where circumstances, except the acts of infringement, exist that prevent the owner of the

design right or exclusive licensee from selling some of articles, a sum equivalent to the number of

transferred articles subject to said circumstances shall be deducted. <Newly Inserted by Act No. 6413, Feb. 3,

2001; Act No. 7289, Dec. 31, 2004>

IP/N/1/KOR/D/4 Page 59

(2) Where an owner of a design right or exclusive licensee claims compensation for damages from a person

who has intentionally or negligently infringed the design right or exclusive license, the profits gained by the

infringer as a result of the infringement shall be presumed to be the amount of damage suffered by the

owner of the design right or exclusive licensee. <Amended by Act No. 7289, Dec. 31, 2004>

(3) An owner of a design right or exclusive licensee may claim, the amount of money which he/she would

normally be entitled to receive for the working of the registered design from the person who has intentionally

or negligently infringed the design right or exclusive license, as the amount of damages suffered by him/her

by the infringement. <Amended by Act No. 7289, Dec. 31, 2004>

(4) Notwithstanding paragraph (3), where the amount of damages exceeds the amount referred to in the same

paragraph, the amount in excess may also be claimed as compensation for damages. In such cases, the

court may take into consideration the fact that there has been neither willfulness nor gross negligence on the

part of the person who has infringed the design right or the exclusive license when awarding damages.

(5) In litigation relating to the infringement of a design right or an exclusive license, where the court recognizes

that the nature of the facts of the case makes it difficult to provide evidence proving the amount of damages

that has occurred, notwithstanding paragraphs (1) through (4), the court may determine a reasonable

amount on the basis of an examination of the evidence and a review of all the arguments. <Newly Inserted by

Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 65 (Presumption of Negligence)

(1) A person who has infringed a design right or exclusive license of another person shall be presumed to have

been negligent regarding such act of infringement: Provided, That this shall not apply to the infringement of

a design right or exclusive license relating to a design registered as a confidential design under Article 13 (1).

(2) The provisions of paragraph (1) shall apply mutatis mutandis where an owner of a design right or exclusive

or non-exclusive licensee of design of unexamined design registration infringes another person's design

IP/N/1/KOR/D/4 Page 60

right or exclusive license. <Newly Inserted by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289,

Dec. 31, 2004>

Article 66 (Recovery of Reputation of Owner of Design Right, etc.)

Upon the request of an owner of a design right or exclusive licensee, the court may, in lieu of damages or in

addition thereto, order a person who has injured the business reputation of the owner of a design right or

exclusive licensee by intentionally or negligently infringing the design right or exclusive license, to take

necessary measures to recover the business reputation of the said owner or exclusive licensee. <Amended

by Act No. 7289, Dec. 31, 2004>

Article 67 (Submission of Documents)

In litigation relating to the infringement of a design right or exclusive license, the court may, upon the request

of a party, order the other party to submit documents necessary for the assessment of damages caused by

such infringement: Provided, That this shall not apply when the person possessing the documents has

justifiable reasons for refusing to submit them.

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

CHAPTER VII TRIAL

Article 67-2 (Trial on Ruling to Dismiss Amendment)

Where a person who receives a ruling to dismiss an amendment under Article 18-2 (1) is dissatisfied

therewith, he/she may request a trial within 30 days from the date of receipt of the certified copy of the

decision.

[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]

Article 67-3 (Trial on Decision to Reject or Revoke Design Registration)

Where a person who receives a decision to reject or revoke design registration is dissatisfied therewith,

he/she may request a trial within 30 days from the date of receipt of the certified copy of the decision.

IP/N/1/KOR/D/4 Page 61

[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]

Article 68 (Trial to Invalidate Design Registration)

(1) An interested person or an examiner may request a trial to invalidate design registration in any of the

following cases. In such cases, a request may be made with respect to each design for which an application

for multiple design registration is filed pursuant to Article 11-2: <Amended by Act No. 4595, Dec. 10, 1993; Act No.

5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No.

9764, Jun. 9, 2009>

1. Where the registration is in violation of Article 4-24, 5, 6, 7 (1), 10, 16 (1) or (2);

2. Where a person is not entitled to obtain a design registration under the main sentence of Article 3 (1) or

unable to obtain a design registration under the proviso to Article 3 (1);

3. Where the registration has been effected contrary to the provisions of a treaty;

4. Where an owner of a design right, after the design registration, is no longer capable of enjoying the

design right under Article 4-24, or the design registration no longer complies with a treaty.

(2) A trial under paragraph (1) may be requested even after the extinguishment of a design right. <Amended by

Act No. 7289, Dec. 31, 2004>

(3) Where a trial decision to invalidate a design registration (excluding a similar design registration) has become

final and binding, the design right shall be deemed to have never existed: Provided, That where a trial

decision to invalidate a design registration has become final and binding under paragraph (1) 4, the design

right shall be deemed not to have existed from the time the design registration first fell under the said

subparagraph. <Amended by Act No. 7289, Dec. 31, 2004>

(4) Where a trial decision to invalidate a basic design registration has become final and binding, a similar design

registration shall also become invalid. <Amended by Act No. 7289, Dec. 31, 2004>

(5) Where a trial decision to invalidate similar design registration has become final and binding or where similar

design registration becomes invalid under paragraph (4), the similar design right shall be deemed to have

never existed: Provided, That where a trial decision to invalidate similar design registration under paragraph

IP/N/1/KOR/D/4 Page 62

(1) 4 has become final and binding, the similar design right shall be deemed not to have existed from the

time the similar design registration first fell under the said subparagraph. <Amended by Act No. 7289, Dec. 31,

2004>

(6) Where a trial for invalidation under paragraph (1) has been requested, the presiding administrative patent

judge shall notify the exclusive licensee of the design right and other persons who are entitled to obtain a

design registration of the purport of such request. <Amended by Act No. 7289, Dec. 31, 2004>

Article 69 (Trial to Confirm Scope of Design Right)

The owner of a design right, exclusive licensee or interested parties may request a trial to confirm the scope

of the design right in order to confirm the protection scope of the registered design. <Amended by Act No. 7289,

Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>

Article 70 (Trial for Granting Non-Exclusive License)

(1) If the owner of a design right, or exclusive or non-exclusive licensee, desires to obtain permission to work

the registered design or a design similar thereto as such design falls under Article 45 (1) or (2), and if the

other party refuses to grant permission without justifiable grounds or it is impossible to obtain such

permission, the said owner or exclusive or non-exclusive licensee may request a trial for granting a non-

exclusive license to the extent necessary to work the registered design or a design similar thereto. <Amended

by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(2) If a person who has granted a non-exclusive license under paragraph (1) desires to work the registered

design or design similar thereto which is owned by the non-exclusive licensee, and if the latter rejects to

permit the working of such design or if it is impossible to obtain such permission, he/she may request a trial

to grant a non-exclusive license within the scope necessary to work the registered design or a design similar

thereto. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(3) A non-exclusive licensee under paragraphs (1) and (2) shall pay consideration to the patentee, the owner of

the utility model right, the owner of the design right or the exclusive licensee thereof: Provided, That if

payment is impossible for reasons beyond the control of the said non-exclusive licensee, the consideration

IP/N/1/KOR/D/4 Page 63

shall be deposited. <Amended by Act No. 7289, Dec. 31, 2004>

(4) No non-exclusive licensee under paragraph (3) shall work the patented invention, registered utility model or

registered design or design similar thereto without payment of consideration or deposit thereof. <Amended by

Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004>

Article 71 (Mutatis Mutandis Application of Provisions on Examination to Trial against Decision to Reject Design

Registration)

(1) The provisions of Article 18 (1) through (4), the main sentence of Article 18 (5), Articles 18-2, 27 and 28 shall

apply mutatis mutandis to a trial against a decision to reject design registration. In such cases, "before a

notification of decision to grant design registration under Article 28 or decision to reject design registration

under Article 26 (hereinafter referred to as "decision to grant or reject design registration") is served" in the

main sentence of Article 18 (5) shall be construed as "within the deadline designated for submission of

argument by notification of grounds for rejection", "where an applicant requests a trial under Article 67-2" in

Article 18-2 (3) shall be construed as "where an action has been brought pursuant to Article 75-1", and "until

the trial decision has become final and binding" in Article 18-2 (3) shall be construed as "until the ruling has

become final and binding". <Amended by Act No. 9764, Jun. 9, 2009>

(2) Articles 18-2 (1) and (4) and 27 applied mutatis mutandis under paragraph (1) shall apply only where the

grounds for rejection differ from the grounds for the examiner's original decision to reject design registration.

[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]

Article 72 (Request for Joint Trial, etc.)

(1) Where two or more persons request an invalidation trial under Article 68 (1) or a trial to confirm the scope of

a design right under Article 69 with regard to the same design right, the request may be filed individually, or

jointly.

(2) Where a trial is requested against any of the owners of a design right under joint ownership, all the joint

owners shall be made defendants.

IP/N/1/KOR/D/4 Page 64

(3) Notwithstanding paragraph (1), where the joint owners of a design right or of a right to obtain a design

registration request a trial concerning the right under joint ownership, the request shall be made jointly by all

the joint owners.

(4) Where there exist grounds for suspension or interruption of trial proceedings which apply to one of the

requesters under paragraph (1) or (3) or one of the defendants under paragraph (2), the suspension or

interruption shall be effective against all of them.

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

Article 72-2 (Formal Requirements of Request for Trial)

(1) Any person who intends to request a trial shall submit a written request to the President of the Intellectual

Property Tribunal, stating the following:

1. The names and domiciles of the parties (in cases of a corporation, its title and location of the place of

business);

2. The name and domicile, or location of the place of business, of the agent, if designated (if the agent is a

patent corporation, its title, location of office and designated patent attorney's name);

3. Identification of the trial case;

4. The purport of the request and the grounds therefor.

(2) No amendment to a written request for a trial submitted under paragraph (1) shall be made with regard to

the intent or purpose thereof: Provided, That this shall not apply when such amendment falls under any of

the following subparagraphs:

1. An amendment (including supplementation) is made to correct the description of an owner of the design

right among the parties prescribed by paragraph (1) 1;

2. The ground for a request is amended under paragraph (1) 4;

3. At a trial requested by an owner of a design right or an exclusive licensee as a petitioner to confirm the

scope of a design right, the drawings of the design subject to confirmation on the written request for a

trial are amended by the petitioner in order to make them identical with the design which is used by the

IP/N/1/KOR/D/4 Page 65

defendant, in cases where the defendant insists that the design subject to confirmation on the written

request for a trial (referring to the defendant's design claimed by the petitioner) is different from the

design which is used by him/herself.

(3) When a trial is requested to confirm the scope of a design right under Article 69, drawings that can be

compared with the registered design shall be attached to the written request.

(4) A written request for a trial to grant a non-exclusive license under Article 70 (1) shall, in addition to the

particulars referred to in paragraph (1), state the following:

1. The number and title of his/her registered design to be worked;

2. The number, title and date of patent or registration of the other party's patented invention, registered

utility model or registered design to be worked;

3. The scope, duration and consideration for the non-exclusive license for a patented invention, registered

utility model or registered design.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-3 (Formal Requirements of Request for Trial against Decision to Reject Design Registration, etc.)

(1) Any person who intends to request a trial against a ruling to dismiss an amendment, a decision to reject a

design registration, or a decision to cancel a design registration under Article 67-2 or 67-3 shall,

notwithstanding the provisions of Article 72-2 (1), submit a written request stating the following matters to the

President of the Intellectual Property Tribunal, and if there is a request for a trial against a decision to cancel

a design registration under Article 67-3, the President of the Intellectual Property Tribunal shall notify the

purport of such request to the applicant for objection against unexamined design registration:

1. The name and domicile of the petitioner (if the petitioner is a corporation, its title and location of the place

of business);

2. The name and domicile, or location of the place of business, of the agent, if designated (if the agent is a

patent corporation, its title, location of the office and designated patent attorney's name);

3. The filing date and number of the application (in cases of an appeal against a decision to cancel a design

IP/N/1/KOR/D/4 Page 66

registration, the registration date and registration number of the design);

4. Goods made by the design;

5. The date of the decision to reject a design registration, the date of decision to cancel a design registration

or the date of ruling to dismiss an amendment;

6. The identification of the trial case;

7. The purport of the request and the grounds therefor.

(2) If a written request for a trial submitted under paragraph (1) is to be amended, the purport thereof shall not

be amended: Provided, That this shall not apply to any of the following subparagraphs:

1. An amendment (including supplementation) is made to correct the description of a petitioner prescribed in

paragraph (1) 1;

2. An amendment is made to correct the grounds for request prescribed in paragraph (1) 7.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-4 (Dismissal of Request for Trial by Ruling)

(1) The presiding administrative patent judge shall order an amendment to a written request within a specified

period in any of the following cases:

1. Where a written request for trial does not comply with Article 72-2 (1), (3), (4) or 72-3 (1);

2. Where a procedure relating to a trial falls under any of the following items:

(a)Where the procedure is not in compliance with Article 4 (1) or 4-4;

(b)Where official fees payable in accordance with Article 34 have not been paid;

(c)Where the procedure is not in compliance with the methods specified in this Act or orders thereunder.

(2) Where a person who has been ordered to make an amendment to a written request under paragraph (1)

fails to do so within the specified period, the presiding administrative patent judge shall dismiss the request

for trial by a ruling.

(3) A ruling under paragraph (2) shall be issued in writing and shall state the grounds therefor.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

IP/N/1/KOR/D/4 Page 67

Article 72-5 (Dismissal of Request for Trial containing Incurable Defects by Trial Decision)

If an application for objection against unexamined design registration or a request for a trial contains

unlawful defects which cannot be amended, such request may be dismissed by a trial decision without

providing the defendant an opportunity to submit a written reply.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-6 (Administrative Patent Judges)

(1) When a trial is requested, the President of the Intellectual Property Tribunal shall direct administrative patent

judges to hear the case.

(2) The eligibility requirements of administrative patent judges shall be prescribed by Presidential Decree.

(3) Administrative patent judges shall conduct their official duties for a trial in an independent manner.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-7 (Designation of Administrative Patent Judges)

(1) For each trial case, the President of the Intellectual Property Tribunal shall designate administrative patent

judges constituting a board under Article 72-9.

(2) When any administrative patent judge designated in accordance with paragraph (1) is unable to participate

in a trial, the President of the Intellectual Property Tribunal may appoint another administrative patent judge

to take his/her place.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-8 (Presiding Administrative Patent Judge)

(1) The President of the Intellectual Property Tribunal shall select one of the administrative patent judges

designated under Article 72-7 (1) as the presiding administrative patent judge.

(2) The presiding administrative patent judge shall preside over all matters relating to a trial.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-9 (Board for Trial)

(1) A trial shall be conducted by a board comprised of three or five administrative patent judges.

IP/N/1/KOR/D/4 Page 68

(2) The board referred to in paragraph (1) shall make its decisions by a majority vote.

(3) The consultations of the administrative patent judges shall not be open to the public.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-10 (Submission of Written Response, etc.)

(1) When a trial has been requested, the presiding administrative patent judge shall serve a copy of the written

request on the defendant and shall provide him/her an opportunity to submit a response within a designated

period.

(2) Upon receipt of a response under paragraph (1), the presiding administrative patent judge shall serve a copy

of the response on the petitioner.

(3) The presiding administrative patent judge may directly examine the parties in relation to a trial.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-11 (Exclusion of Administrative Patent Judges)

In any of the following cases, an administrative patent judge shall be precluded from exercising his/her

functions in a trial:

1. Where the administrative patent judge or his/her present or former spouse is a party, an intervenor, or an

applicant for objection against unexamined design registration;

2. Where the administrative patent judge is or was a relative of a party, an intervenor or an applicant for

objection against unexamined design registration;

3. Where the administrative patent judge is or was a legal representative of a party, an intervenor, or an

applicant for objection against unexamined design registration;

4. Where the administrative patent judge has become a witness or an expert witness or was an expert

witness;

5. Where the administrative patent judge is or was an agent of a party, an intervenor, or an applicant for

objection against unexamined design registration;

6. Where the administrative patent judge has participated as an examiner or an administrative patent judge

IP/N/1/KOR/D/4 Page 69

in a decision to reject an amendment, a decision to grant or reject design registration, or a decision on an

application for objection against unexamined design registration, or a trial decision thereof;

7. Where the administrative patent judge has a direct interest in the relevant case.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-12 (Request for Exclusion)

Where there exist grounds for exclusion under Article 72-11, a party or an intervenor may request exclusion

of the relevant administrative patent judge.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-13 (Recusation of Administrative Patent Judges)

(1) Where there exist circumstances wherein the participation of an administrative patent judge would prejudice

the fairness of the proceedings in a trial, a party or intervenor may request recusation of such administrative

patent judge.

(2) After a party or intervenor has made a written or oral statement with regard to the case before an

administrative patent judge, he/she may not request recusation of the administrative patent judge: Provided,

That where the party or intervenor did not know that there exists a ground for recusation or where a ground

for recusation arose subsequently, this shall not apply.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-14 (Indication of Grounds for Exclusion or Recusation)

(1) Any person who requests exclusion or recusation under Articles 72-12 and 72-13 shall submit a document

stating the grounds therefor to the President of the Intellectual Property Tribunal: Provided, That in oral

proceedings, such may be made orally.

(2) The underlying causes for exclusion or recusation shall be substantiated within three days from the date the

motion was presented.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-15 (Decision on Petition for Exclusion or Recusation)

IP/N/1/KOR/D/4 Page 70

(1) Where a petition for exclusion or recusation is filed, the decision shall be rendered by a trial.

(2) An administrative patent judge subject to exclusion or recusation shall not participate in the trial of the

exclusion or recusation: Provided, That he/she may state his/her opinion.

(3) A decision under paragraph (1) shall be rendered in writing and shall state the grounds therefor.

(4) No appeal shall be made against a decision rendered under paragraph (1).

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-16 (Suspension of Trial Proceedings)

When a petition for exclusion or recusation has been filed, the trial proceedings shall be suspended until a

decision thereon has been rendered: Provided, That this shall not apply to matters requiring urgent attention.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-17 (Administrative Patent Judges Recusing Themselves)

Where an administrative patent judge falls under Article 72-11 or 72-13, he/she may recuse himself/herself

from trial proceedings relating to the relevant case with permission from the President of the Intellectual

Property Tribunal.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-18 (Trial Proceedings, etc.)

(1) Trial proceedings shall be conducted by oral proceedings or documentary proceedings: Provided, That

where requested by the party concerned, trial proceedings shall be conducted only by oral proceedings

except where it is recognized that a decision can be rendered on the basis of documentary proceedings

alone.

(2) Oral proceedings shall be conducted in public: Provided, That this shall not apply where public order or

morality is likely to be injured thereby.

(3) Where trial proceedings are conducted by oral proceedings in accordance with paragraph (1), the presiding

administrative patent judge shall designate the date and place thereof and serve a document containing

IP/N/1/KOR/D/4 Page 71

such information on the parties and intervenors: Provided, That this shall not apply where the parties or

intervenors having attended the relevant case have already been notified thereof.

(4) The presiding administrative patent judge shall, where trial proceedings are conducted by oral proceedings

under paragraph (1), have an official designated by the President of the Intellectual Property Tribunal

prepare a protocol setting forth the gist of the proceedings and other necessary matters in time for the date

of each trial proceeding.

(5) The presiding administrative patent judge and the official who has prepared a protocol under paragraph (4)

shall sign the protocol and affix their seals thereto.

(6) The provisions of Articles 153, 154, and 156 through 160 of the Civil Procedure Act shall apply mutatis

mutandis to protocols under paragraph (4).

(7) The provisions of Articles 143, 259, 299 and 367 of the Civil Procedure Act shall apply mutatis mutandis to

trials.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-19 (Intervention)

(1) Any person having the right to request a trial under Article 72 (1) may intervene in the trial until the trial

proceedings are concluded.

(2) An intervenor under paragraph (1) may continue trial proceedings even after the request for the trial has

been withdrawn by the party for whose honor he/she intervened.

(3) Any person having an interest in the result of a trial may intervene in the trial until the trial proceedings are

concluded in order to assist one of the parties.

(4) An intervenor under paragraph (3) may initiate and take part in any procedure relating to the trial.

(5) Where there exist grounds for suspension of trial proceedings applicable to an intervenor under paragraph

(1) or (3), the suspension shall also be effective against the party for whose honor he/she intervened.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-20 (Request for Intervention and Decision thereon)

IP/N/1/KOR/D/4 Page 72

(1) Any person intending to intervene in a trial shall submit a written request for intervention to the presiding

administrative patent judge.

(2) The presiding administrative patent judge shall serve a copy of the request for intervention on the parties

and other intervenors and provide them an opportunity to submit arguments within a designated period.

(3) Where a request for intervention is made, the decision thereon shall be rendered by trial.

(4) A decision under paragraph (3) shall be rendered in writing and shall state the grounds therefor.

(5) No appeal shall be made against a decision rendered under paragraph (3).

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-21 (Examining and Preserving Evidence)

(1) With respect to a trial, evidence may be examined or preserved upon the request of a party, intervenor,

interested person, or ex officio.

(2) The provisions of the Civil Procedure Act relating to the examination and preservation of evidence shall

apply mutatis mutandis to any examination and preservation thereof under paragraph (1): Provided, That the

administrative patent judge may not impose fines for negligence, order compulsory appearance, or require

the deposit of money as security.

(3) A request to preserve evidence shall be filed with the President of the Intellectual Property Tribunal prior to a

request for a trial and to the presiding administrative patent judge of the case while the trial is pending.

(4) Where a petition for preservation of evidence has been filed under paragraph (1) prior to a request for a trial,

the President of the Intellectual Property Tribunal shall designate an administrative patent judge to be

responsible for the preservation of evidence.

(5) Where evidence has been examined or preserved, ex officio, under paragraph (1), the presiding

administrative patent judge shall serve the result thereof on the parties, intervenors, and interested persons

and shall provide them an opportunity to submit an argument within a designated period.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-22 (Continuation of Trial Proceedings)

IP/N/1/KOR/D/4 Page 73

Notwithstanding the failure of a party or intervenor to take any proceedings within the period designated in

accordance with this Act, or prescribed by other Acts, or failure to appear on the designated date in

accordance with Article 72-18 (3), the presiding administrative patent judge may proceed with the trial

proceedings.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-23 (Ex Officio Trial Proceedings)

(1) Grounds which have not been pleaded by a party or intervenor may be examined in a trial. In such cases,

the parties and intervenors shall be provided an opportunity to state their opinions regarding such grounds,

within a designated period.

(2) In a trial, no examination shall be made on the purpose of a claim not requested by the petitioner.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-24 (Joint or Separate Conduct of Trial Proceedings or Trial Decisions)

An administrative patent judge may combine the trial examination or trial decision of two or more trial

proceedings where one or both of the parties thereto are the same, or, may examine them separately.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-25 (Withdrawal of Request for Trial)

(1) A request for a trial may be withdrawn before a trial decision has become final and binding: Provided, That

the consent of the other party shall be obtained if such withdrawal is to be made after a response has

already been submitted.

(2) Where a request for a trial is withdrawn in accordance with paragraph (1), the said request shall be deemed

to have never been filed.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-26 (Trial Decisions)

(1) Except as otherwise provided for, when a trial decision has been rendered, the trial shall be closed.

IP/N/1/KOR/D/4 Page 74

(2) A trial decision under paragraph (1) shall be rendered in writing, signed and sealed by the administrative

patent judges who have rendered it, and shall state the following matters:

1. The number of the trial;

2. The names and domiciles of the parties and intervenors (in cases of a corporation, its title and location of

the place of business);

3. The name and domicile or place of business of the agent, if any (if the agent is a patent corporation, its

title, place of office and name of the designated patent attorney);

4. The identification of the trial case;

5. The text of the trial decision (including the scope, duration and consideration of a non-exclusive license in

trial cases under Article 70);

6. The grounds for the trial decision (including the purport and a summary of the ground for the request);

7. The date of the trial decision.

(3) When a case has been thoroughly examined and is ready to be ruled, the presiding administrative patent

judge shall notify the parties and intervenors of the closure of the trial examination.

(4) Even after notification of the closure of a trial examination under paragraph (3), the presiding administrative

patent judge may, if necessary, reopen the case upon the request of a party or intervenor or ex officio.

(5) A trial decision shall be rendered within 20 days following the date on which notification of the closure of the

trial examination is served under paragraph (3).

(6) When a trial decision or a decision has been rendered, the presiding administrative patent judge shall serve

a certified copy of the trial decision or decision on the parties, intervenors, and persons who have requested

intervention in the trial but have been rejected.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-27 (Res Judicata)

When a trial decision has become final and binding pursuant to this Act, no person may request the trial

again for the relevant case on the basis of the same facts and evidence: Provided, That this shall not apply

IP/N/1/KOR/D/4 Page 75

where the final and binding trial decision is a decision of dismissal.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-28 (Relationship with Litigations)

(1) A presiding administrative patent judge shall, if necessary for a trial, suspend the proceedings until the

decision on an application for objection against unexamined design registration or the trial decision of

another trial relevant to the trial becomes final and binding, or litigation proceedings thereon are concluded.

(2) The court may, if necessary for litigation proceedings, suspend the litigation proceedings until a trial decision

on the design becomes final and binding.

(3) Where an action relating to the infringement of a design right or exclusive license is instituted, the relevant

court shall notify the President of the Intellectual Property Tribunal of the purport thereof. This shall also

apply where the litigation proceedings have been terminated.

(4) Where a trial for invalidating a design right, etc. is requested in response to a legal action against an

infringement of a design right or exclusive license under paragraph (3), the President of the Intellectual

Property Tribunal shall notify the relevant court under paragraph (3) of the purport thereof. This shall also

apply where there is a decision to dismiss a request for trial, a trial decision or a withdrawal of a request.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-29 (Costs of Trial)

(1) The imposition of costs in connection with a trial under Articles 68 (1) and 69 shall be decided by a trial

decision in the event the trial is terminated by a trial decision, or by a decision in the trial where the trial is

terminated in a manner, other than by a trial decision.

(2) Articles 98 through 103, 107 (1) and (2), 108, 111, 112, and 116 of the Civil Procedure Act shall apply

mutatis mutandis to the costs of a trial under paragraph (1).

(3) The costs of a trial under Article 67-2, 67-3, or 70 shall be borne by a petitioner or an applicant for objection

against unexamined design registration.

(4) Article 102 of the Civil Procedure Act shall apply mutatis mutandis to costs borne by a petitioner or an

IP/N/1/KOR/D/4 Page 76

applicant for objection against unexamined design registration under paragraph (3).

(5) The President of the Intellectual Property Tribunal shall decide upon the total costs of a trial upon the

request of a party and after the trial decision or the decision has become final and binding.

(6) The extent, amount, and payment of the costs of a trial, as well as the payment of the costs for performing

any procedural acts in a trial, shall be governed by the examples of relevant provisions of the Costs of Civil

Procedure Act, unless contrary to its nature.

(7) The official fees which a party has paid or will pay to a patent attorney who represents the party in a trial

shall be deemed the costs of the trial to the extent determined by the Commissioner of the Korean

Intellectual Property Office. In such cases, even if two or more patent attorneys have represented a person

for the trial, it shall be deemed to have been represented by one patent attorney.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-30 (Title of Enforcement of Trial Costs or Consideration)

A final and binding ruling on the costs of a trial decided upon by the President of the Intellectual Property

Tribunal or on the consideration decided upon by an administrative patent judge under this Act shall have

the same effect as an enforceable title of liability. In such cases, the enforceable writ shall be issued by an

public official of the Intellectual Property Tribunal.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-31 (Special Provisions for Trial against Decision to Reject Design Registration)

Articles 72-10 (1) and (2), 72-19 and 72-20 shall not apply to a trial under Article 67-2 or 67-3.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-32 (Effects of Examination or Application for Objection against Unexamined Design Registration

Proceedings)

Design-related procedures previously taken during the course of an examination or with regard to an

application for objection against unexamined design registration shall also remain effective in a trial against

a decision to reject a design registration or a decision to cancel a design registration.

IP/N/1/KOR/D/4 Page 77

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 72-33 (Revocation of Decision to Reject Design Registration, etc.)

(1) Where an administrative patent judge acknowledges that a request for a trial filed under Article 67-2 or 67-3

is well grounded, he/she shall revoke a ruling to dismiss an amendment, reject a design registration, or

revoke a design registration by a trial decision.

(2) Where a ruling to dismiss an amendment, reject a design registration, or cancel a design registration is

revoked in a trial, a trial decision may be rendered to refer the relevant matter to an examination.

(3) The grounds for a trial decision rendered under paragraphs (1) and (2) which constitute the basis for the

revocation shall be binding on the examiner with respect to the case.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

CHAPTER VIII RETRIAL AND LITIGATION

Article 73 (Request for Retrial)

(1) Any party may request a retrial on a trial decision that has become final and binding.

(2) Articles 451 and 453 of the Civil Procedure Act shall apply mutatis mutandis to requests for retrial under

paragraph (1). <Amended by Act No. 6626, Jan. 26, 2002; Act No. 8187, Jan. 3, 2007>

Article 73-2 (Request for Retrial on Trial Decision of Fraudulence)

(1) Where the parties in a trial acted in collusion for the purpose of causing a trial decision to be rendered which

damages the rights or interests of a third party, the third party may request a retrial against the trial decision

which has become final and binding.

(2) Where a request for a retrial under paragraph (1) is filed, the parties of the trial shall be joint defendants.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 73-3 (Period for Requesting Retrial)

(1) A retrial shall be requested within 30 days from the date on which the petitioner becomes aware of the

grounds for the retrial after the trial decision became final and binding.

IP/N/1/KOR/D/4 Page 78

(2) Where a retrial is requested by reason of defects in the authority of representation, the period provided for in

paragraph (1) shall be counted from the day following the date on which the petitioner or his/her legal

representative becomes aware that the trial decision has been rendered, by means of service of a certified

copy of such trial decision.

(3) No request for a retrial shall be filed after the expiration of three years from the date on which the trial

decision becomes final and binding.

(4) Where grounds for a retrial arise after the trial decision has become final and binding, the period prescribed

in paragraph (3) shall be counted from the day following the date on which the grounds first accrue.

(5) Paragraphs (1) and (3) shall not apply to a request for a retrial on the grounds that the trial decision conflicts

with a final and binding trial decision previously rendered.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 74 (Restriction on Effects of Design Rights Restored by Retrial)

(1) In any of the following cases, no effect of a design right shall be extended to goods imported in good faith, or

produced or acquired in the Republic of Korea after the trial decision becomes final and binding but before a

request for a retrial is registered: <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

1. Where a design right (including a design right that has been finally and bindingly revoked in a trial against

a decision to revoke a design registration) had been invalidated but is restored by a retrial;

2. Where, after a trial decision became final and binding, ruling that a product was outside the scope of the

design right, a decision to the contrary at a retrial has become final and binding;

3. Where a trial decision to reject an application for design registration has become final and binding but the

establishment of the design right is registered by a retrial.

(2) Where a design right falls under any subparagraph of paragraph (1), the effect of the design right shall not

extend to any of the following acts: <Amended by Act No. 5082, Dec. 29, 1995; Act No. 7289, Dec. 31, 2004; Act No.

10809, Jun. 30, 2011>

1. Working of the design in good faith after the trial decision became final and binding but before the request

IP/N/1/KOR/D/4 Page 79

for a retrial is registered;

2. Manufacturing, assigning, leasing, exporting, importing, or offering for assigning or leasing of the products

to which the registered design has been applied, after the trial decision became final and binding but

before the request for a retrial is registered.

Article 74-2 (Non-Exclusive License for Prior User of Design Right Restored by Retrial)

For cases which fall under any subparagraph of Article 74 (1), any person who has been, in good faith,

commercially conducting a business using the relevant design in the Republic of Korea, or has been

preparing therefor, after a trial decision became final and binding but prior to the registration of a request for

retrial, shall have a non-exclusive license on the design right to the extent of the design and of the purpose

of business which is being conducted or prepared for.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 74-3 (Non-Exclusive License for Person Deprived of Non-Exclusive License by Retrial)

(1) Where, after a trial decision to grant a non-exclusive license under Article 70 (1) or (2) has become final and

binding, a trial decision to the contrary is rendered finally and bindingly at a retrial, any person who has been,

in good faith, commercially conducting a business using the design concerned in the Republic of Korea, or

has been preparing therefor prior to the registration of a retrial request shall have a non-exclusive license on

the design right or on the exclusive license existing at the time the trial decision of the retrial becomes final

and binding, within the objective of the non-exclusive license and the scope of the design.

(2) Any person holding a non-exclusive license under paragraph (1) shall pay reasonable consideration to the

owner of the design right or the exclusive licensee.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 74-4 (Mutatis Mutandis Application of Provisions on Trial to Retrial)

The provisions relating to trial proceedings shall apply mutatis mutandis to a retrial, unless contrary to its

nature.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

IP/N/1/KOR/D/4 Page 80

Article 74-5 (Mutatis Mutandis Application of the Civil Procedure Act)

Article 459 (1) of the Civil Procedure Act shall apply mutatis mutandis to a request for retrial.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 75 (Actions against Trial Decisions, etc.)

(1) The Patent Court of Korea shall have exclusive jurisdiction over any action against a trial decision, a

decision of rejection under Article 18-2 (1) applied mutatis mutandis pursuant to Article 71 (1) (including

cases as applicable mutatis mutandis in Article 74-4), a decision of rejection of a request for a trial or retrial.

(2) An action prescribed in paragraph (1) may be brought by a person who is a party, an intervenor or any

person who has requested intervention in the trial but has been rejected.

(3) An action prescribed in paragraph (1) may be brought within 30 days from the date of receipt of a certified

copy of the trial decision or decision.

(4) The period prescribed in paragraph (3) shall be a peremptory period.

(5) With respect to a peremptory period referred to in paragraph (3), the presiding administrative patent judge

may, ex officio, determine any additional period for the benefit of a person whose domicile or residence is in

a remote area or a person residing in an area difficult to access.

(6) An action on matters for which a trial may be requested may not be brought unless it is related to a trial

decision.

(7) An action under paragraph (1) on a trial decision on consideration under Article 72-26 (2) 5 and a trial

decision or decision on trial costs under Article 72-29 (1) may not be brought independently.

(8) Any person who has received a ruling from the Patent Court under paragraph (1) may appeal to the

Supreme Court.

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

Article 75-2 (Qualifications for Defendants)

In any action under Article 75 (1), the Commissioner of the Korean Intellectual Property Office shall be the

defendant: Provided, That in cases of an action against the trial decision of a trial, or a retrial thereof, under

IP/N/1/KOR/D/4 Page 81

Articles 68 (1), 69, and 70 (1) and (2), the petitioner or the defendant thereof shall be the defendant.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 75-3 (Notification of Institution of Action and Service of Original Copies of Judgments)

(1) When any action is instituted against a trial decision or a decision of dismissal under Article 18-2 (1) applied

mutatis mutandis pursuant to Article 71 (1) (including cases as applicable mutatis mutandis in Article 74-4),

or an appeal is filed under Article 75 (8), the court shall notify, without delay, the President of the Intellectual

Property Tribunal of the purport thereof.

(2) When a litigation procedure regarding an action under the proviso to Article 75-2 has been concluded, the

court shall serve the original copies of the judgments rendered in all instance levels with regard to the action

on the President of the Intellectual Property Tribunal.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 75-4 (Revocation of Trial Decision or Decision)

(1) Where the court has deemed that an action filed under Article 75 (1) was well grounded, it shall revoke the

trial decision or decision by judgment.

(2) Where a revocation of a trial decision or decision becomes final and binding under paragraph (1), the

administrative patent judge shall review the case and issue a trial decision or decision.

(3) The grounds for a judgment on an action under paragraph (1) which constitute the basis for the revocation

shall be binding on the Intellectual Property Tribunal with respect to the case.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 75-5 (Action against Decision on Consideration)

(1) Any person who is dissatisfied with a trial decision or decision regarding consideration under Article 70 (3)

may file an action in the court.

(2) An action under paragraph (1) shall be filed within 30 days from the date of receipt of a certified copy of the

trial decision or decision.

(3) The period prescribed in paragraph (2) shall be a peremptory period.

IP/N/1/KOR/D/4 Page 82

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 75-6 (Defendant in Action relating to Consideration)

In any action under Article 75-5, the exclusive licensee, non-exclusive licensee, or owner of the design right

shall be the defendant with regards to consideration under Article 70 (3).

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 75-7 (Remuneration for Patent Attorneys and Costs of Litigation)

With respect to remuneration for a patent attorney representing a party in an action, Article 109 of the Civil

Procedure Act shall apply mutatis mutandis. In such cases, "lawyer" shall be construed as "patent attorney".

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

CHAPTER IX SUPPLEMENTARY PROVISIONS

Article 76 (Inspection, etc. of Documents)

(1) A person who needs certification of application for a design registration or trial, etc., delivery of a certified

copy or extract of documents, inspection or copy of the Design Register or other documents may request the

Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal

to do so. <Amended by Act No. 4894, Jan. 5, 1995; Act No. 7289, Dec. 31, 2004>

(2) The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property

Tribunal may reject a request under paragraph (1) if the required document relates to an application that is

not laid open and the establishment of design right is not registered, or it is liable to contravene public order

or virtuous manners and customs. <Amended by Act No. 4894, Jan. 5, 1995; Act No. 5082, Dec. 29, 1995; Act No.

7289, Dec. 31, 2004>

Article 77 (Prohibition of Carrying Out or Opening of Documents Relating to Application, Examination, Trial, etc.)

(1) Documents relating to applications for design registration, examinations, applications for objection against

unexamined design registration, trials or retrials, and the Design Register shall not be carried out to the

outside unless they fall under any of the following subparagraphs: <Amended by Act No. 8187, Jan. 3, 2007; Act

IP/N/1/KOR/D/4 Page 83

No. 9764, Jun. 9, 2009; Act No. 10012, Feb. 4, 2010>

1. Where documents relating to an application for design registration or examination are carried out to the

outside in order to investigate, etc. into a prior design pursuant to Article 25-2 (1) or (2);

2. Where documents relating to an application for design registration, examination, application for objection

against unexamined design registration, trial or retrial, and the Design Register are carried out to the

outside for the entrustment of affairs of digitizing design documents pursuant to Article 77-2 (1);

3. Where documents relating to an application for design registration, examination, application for objection

against unexamined design registration, trial or retrial, and the Design Register are carried out to the

outside for on-line remote performance of duties pursuant to Article 32 (2) of the Electronic Government

Act.

(2) A response shall not be given to a request for an expert opinion, testimony or an inquiry as to the contents of

a pending application for design registration, examination, objection against unexamined design registration,

trial or retrial or as to the contents of a trial decision or ruling. <Amended by Act No. 5354, Aug. 22, 1997; Act No.

6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 77-2 (Agency for Affairs of Digitizing Design Documents)

(1) Where it is considered necessary to deal effectively with design-related procedures, the Commissioner of the

Korean Intellectual Property Office may entrust any corporation equipped with facilities and manpower

prescribed by Ordinance of the Ministry of Knowledge Economy with affairs of digitizing documents relating

to design registration applications, examinations, applications for objection against unexamined design

registration, trials or retrials or the Design Register through an electronic information processing system and

the technology of utilizing the electronic information processing system, or any affairs similar thereto

(hereinafter referred to as "affairs of digitizing design documents").

(2) No present or former executive or employee of a person entrusted with the affairs of digitizing design

documents pursuant to paragraph (1) (hereinafter referred to as "agency for digitizing design documents")

shall divulge nor appropriate confidential information on a design contained in a pending application to which

IP/N/1/KOR/D/4 Page 84

he/she had access during the course of his/her duties.

(3) The Commissioner of the Korean Intellectual Property Office may, pursuant to paragraph (1), digitize written

applications for design registration or other documents prescribed by Ordinance of the Ministry of

Knowledge Economy, which are not submitted in electronic documents prescribed in Article 4-28 (1), and

may record them in a file of an electronic information processing system operated by the Korean Intellectual

Property Office or the Intellectual Property Tribunal.

(4) The details written in a file under paragraph (3) shall be deemed to be same as those entered in the relevant

documents.

(5) Methods of performing affairs of digitizing design documents and other matters necessary therefor shall be

determined by Ordinance of the Ministry of Knowledge Economy.

(6) Where any agency for digitizing design documents which falls short of the standards for the facilities and

manpower prescribed by Ordinance of the Ministry of Knowledge Economy under paragraph (1) fails to take

corrective measures therefor requested by the Commissioner of the Korean Intellectual Property Office, the

latter may cancel the entrustment of the affairs of digitizing design documents to the said agency. In such

cases, he/she shall first provide the agency an opportunity to present its opinion thereabout.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 77-3 (Service of Documents)

Necessary matters related to the procedure, etc. for serving documents prescribed in this Act shall be

provided for by Presidential Decree.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 77-4 (Service by Public Announcement)

(1) Where documents cannot be served because the domicile or place of business of a person to be served is

unclear, such documents shall be served by public announcement.

(2) Service by public announcement shall be implemented by publishing a notice in the Design Gazette to the

effect that the documents to be served will be delivered at any time to the person to be served.

IP/N/1/KOR/D/4 Page 85

(3) The initial service by public announcement shall come into force after two weeks elapse from the date it is

published in the Design Gazette: Provided, That a subsequent service by public announcement on the same

party shall come into force from the date following the date of publishing it in the Design Gazette.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 77-5 (Service on Overseas Residents)

(1) For an overseas resident having a design administrator, documents to be served to him/her shall be served

on his/her design administrator.

(2) For an overseas resident without a design administrator, documents to be served to him/her may be sent to

him/her by registered airmail.

(3) When documents have been sent by registered airmail under paragraph (2), such documents shall be

deemed to have been served on the mailing date.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 78 (Design Gazette)

(1) The Korean Intellectual Property Office shall publish the Design Gazette. <Amended by Act No. 7289, Dec. 31,

2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>

(2) The Design Gazette may be published through electronic media, as prescribed by Ordinance of the Ministry

of Knowledge Economy. <Newly Inserted by Act No. 5329, Apr. 10, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289,

Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>

(3) When the Design Gazette is published through electronic media, the Commissioner of the Korean

Intellectual Property Office shall make public the fact of publication of the Design Gazette, its principal

contents and service by public announcement through information and communications networks. <Newly

Inserted by Act No. 5329, Apr. 10, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(4) Matters to be published in the Design Gazette under paragraph (1) shall be determined by Presidential

Decree. <Amended by Act No. 7289, Dec. 31, 2004>

Article 78-2 (Submission, etc. of Documents)

IP/N/1/KOR/D/4 Page 86

The Commissioner of the Korean Intellectual Property Office or an examiner may require a party concerned

to submit documents and articles necessary for dealing with proceedings, other than those relating to a trial

or retrial.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 79 (Indication of Design Registration)

An owner of a design right or an exclusive or non-exclusive licensee may indicate the design registration on

the articles to which the registered design is applied, or vessels, packing, etc. of such articles. <Amended by

Act No. 7289, Dec. 31, 2004>

Article 80 (Prohibition of False Indication)

No person shall perform the following acts: <Amended by Act No. 7289, Dec. 31, 2004>

1. Indicating design registration or application for design registration or making an indication to be confused

easily with it on the articles whose designs are not registered, or whose design registration is not applied,

or on the vessels or packing of such articles;

2. Transferring, lending or displaying those made an indication as referred to in subparagraph 1;

3. Indicating articles whose designs are not registered or whose design registration is not applied, in an

advertisement, signboard or tag as if the design registration or application for design registration were

made, or making an indication to be confused easily with it, for the purpose of producing, using,

transferring or lending them.

Article 81 (Restriction on Appeal)

(1) No appeal may be filed under other Acts against a ruling to dismiss an amendment, a decision to grant or

reject a design registration, a decision to cancel a design registration, a trial decision, or a decision to reject

a request for a trial or retrial under this Act, and no objection may be raised under other Acts against any

disposition against which no appeal may be filed under this Act.

(2) Any objection against a disposition, other than that referred to in paragraph (1), shall be governed by the

Administrative Appeals Act or the Administrative Litigation Act.

IP/N/1/KOR/D/4 Page 87

[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]

Article 81-2 (Order to Preserve Confidentiality)

(1) In a lawsuit against infringement of a design right or an exclusive license, where a party clearly explains all

the grounds of the matters prescribed in each of the following subparagraphs with respect to the trade secret

(referring to the trade secret defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and

Trade Secret Protection Act) that he/she possesses, the court may order, at the request of such party, by its

decision the other party (in cases of a corporation, the representative thereof), litigation representative of the

parties, and other persons who have learned the trade secret in the course of the lawsuit concerned not to

use such trade secret for purposes other than continuous proceedings of the lawsuit concerned or not to

disclose it to any person other than those who have received such order with respect to the trade secret

under this paragraph: Provided, That this shall not apply where the other party (in cases of a corporation, the

representative thereof), litigation representatives of the parties, and other persons who have learned the

trade secret in the course of the lawsuit concerned had already acquired the trade secret before the request

is filed through other means than the inspection of preparatory documents or the examination of evidence:

1. That the trade secret is contained in the preparatory documents already submitted or to be submitted or

in the evidence already examined or to be examined;

2. That, where the trade secret referred to in subparagraph 1 is used or disclosed for purposes other than

proceedings of the lawsuit concerned, it is likely to interfere with the business of the party and,

accordingly, it is necessary to restrict the use or disclosure of such trade secret.

(2) Request for the order under paragraph (1) (hereinafter referred to as "order to preserve confidentiality") shall

be filed in writing wherein each of the following matters are included:

1. Persons who shall be subject to the order to preserve confidentiality;

2. Facts with which it is sufficient to specify the trade secret which shall be subject to the order to preserve

confidentiality;

3. Facts to support the grounds that he/she falls under each subparagraph of paragraph (1).

IP/N/1/KOR/D/4 Page 88

(3) Where a judgement on an order to preserve confidentiality is made, the court shall deliver the written

decision thereof to the persons ordered to preserve confidentiality.

(4) An order to preserve confidentiality shall take its effect at the time the written decision thereof is delivered to

a person ordered to preserve confidentiality.

(5) A court decision of dismissal or rejection of the order to preserve confidentiality may be subject to an

immediate appeal.

[This Article Newly Inserted by Act No. 11111, Dec. 2, 2011]

Article 81-3 (Revocation of Order to Preserve Confidentiality)

(1) If any of the requirements under Article 81-2 (1) is not fulfilled or is no longer fulfilled, the person who has

filed the request for an order to preserve confidentiality or any person who has been ordered to preserve

confidentiality may file a request for revocation of such order with the court where trial records are kept

(where there exists no court where trial records are kept, referring to the court that has ordered to preserve

confidentiality).

(2) Where the court makes a judgement with respect to a request for the revocation of an order to preserve

confidentiality, the written decision thereof shall be delivered to the person who has filed the request and the

other party thereof.

(3) A judgement of the court on a request for the revocation of an order to preserve confidentiality may be

subject to an immediate appeal.

(4) A judgement of the court to revoke an order to preserve confidentiality shall take its effect at the time such

judgement is concluded.

(5) Where there exists any person who is not the person who has filed a request for the revocation of an order

to preserve confidentiality nor the other party thereof, the court which has made a judgement to revoke the

order to preserve confidentiality shall immediately inform such person of the fact that it has made a

judgement on the revocation of the order to preserve confidentiality.

[This Article Newly Inserted by Act No. 11111, Dec. 2, 2011]

IP/N/1/KOR/D/4 Page 89

Article 81-4 (Notification, etc. of Request for Perusal, etc. of Trial Records)

(1) Where there has been any ruling referred to in Article 163 (1) of the Civil Procedure Act with respect to the

trial records of the lawsuit in whose case an order to preserve confidentiality was issued (excluding all the

lawsuits in whose cases orders to preserve confidentiality are revoked), if any party files a request for

perusal, etc. of the portions containing any secrets through a procedure taken by another person who is not

subject to the order to preserve confidentiality, any of the court clerical official of Grade Ⅳ, court clerical

official of Grade Ⅴ or court clerk or assistant court clerk (hereafter referred to as "court clerical official of

Grade Ⅴ, etc." in this Article) shall inform immediately after filing of such request the party who applies for

such request under Article 163 (1) of the Civil Procedure Act (excluding the person who has filed a request

for perusal, etc.; hereafter the same shall apply in paragraph (3)) of the fact that there exists such request

for perusal, etc.

(2) In cases falling under paragraph (1), a court clerical official of Grade Ⅴ, etc. shall not allow a person who

has taken the procedure for the request to peruse, etc. the portions containing any secrets referred to in

paragraph (1) until two weeks lapse after the date of the request under paragraph (1) (where the request for

an order to preserve confidentiality against the person who has taken the procedure for the request is

processed within such period, until the judgement on such request is concluded).

(3) Paragraph (2) shall not apply where an agreement is obtained from all the parties who have filed an

application referred to in Article 163 (1) with respect to the perusal, etc. of the portions containing any secret

under paragraph (1) by a person who has filed an application for the perusal, etc. under paragraph (1).

[This Article Newly Inserted by Act No. 11111, Dec. 2, 2011]

CHAPTER X PENAL PROVISIONS

Article 82 (Offense of Infringement)

(1) Any person who infringes a design right or an exclusive license shall be punished by imprisonment for not

more than seven years or by a fine not exceeding 100 million won. <Amended by Act No. 5354, Aug. 22, 1997;

IP/N/1/KOR/D/4 Page 90

Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

(2) The offense under paragraph (1) shall be initiated upon filing of a complaint by an injured party.

Article 83 (Offense of Perjury)

(1) Where any witness, expert witness or interpreter who took an oath under this Act makes a false statement,

or provides a false expert opinion or interprets falsely before the Intellectual Property Tribunal, he/she shall

be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won.

(2) Where a person who has committed an offense as referred to in paragraph (1), surrenders himself/herself to

justice before the decision to grant or reject a design registration, decision on objection against unexamined

design registration, or trial decision on the case becomes final and binding, the sentence may be reduced or

exempted. <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 84 (Offense of False Indication)

Any person who violates the provisions of Article 80 shall be punished by imprisonment for not more than

three years or by a fine not exceeding 20 million won.

Article 85 (Offense of Fraud)

Any person who has obtained a design registration or a trial decision by means of a fraudulent or any other

unjust act, shall be punished by imprisonment for not more than three years or by a fine not exceeding 20

million won. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>

Article 85-2 (Offense of Order to Preserve Confidentiality)

(1) Any person who violates the order to preserve confidentiality under Article 81-2 (1) in or out of Korea without

any justifiable ground shall be punished by imprisonment for not more than five years or by a fine not

exceeding 50 million won.

(2) No public prosecution shall be instituted against an offense prescribed in paragraph (1), unless a complaint

is filed by a person who has applied for an order to preserve confidentiality.

[This Article Newly Inserted by Act No. 11111, Dec. 2, 2011]

IP/N/1/KOR/D/4 Page 91

Article 86 (Offense of Divulging Confidential Information, etc.)

Where any present or former employee of the Korean Intellectual Property Office or the Intellectual Property

Tribunal has divulged or appropriated confidential information relating to a design contained in a pending

application, or requested to be kept confidential under Article 13 (1) to which he/she had access during the

course of his/her duties, he/she shall be punished by imprisonment for not more than five years, or by a fine

not exceeding 50 million won. <Amended by Act No. 4894, Jan. 5, 1995; Act No. 7289, Dec. 31, 2004; Act No. 9764,

Jun. 9, 2009>

[This Article Wholly Amended by Act No. 4595, Dec. 10, 1993]

Article 86-2 (Executives and Employees of Specialized Organization, etc. Deemed Public Officials)

Any person who is or was an executive or employee of any specialized organization under Article 25-2 (1) or

any agency for digitizing design documents under Article 77-2 shall be deemed one who is or was an

employee of the Korean Intellectual Property Office for purposes of applying Article 86.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 87 (Joint Penal Provisions)

Where a representative of a corporation or an agent, employee, or any other servant of a corporation or

individual commits any violation under Article 82 (1), 84, or 85 in connection with the business of the

corporation or individual, the corporation, in addition to the offender, shall be sentenced to a fine which falls

under any of the following subparagraphs and the individual shall be sentenced to a fine provided for in the

relevant Article: Provided, That if the said corporation or individual has not been negligent in giving due

attention and supervision over the relevant business in order to prevent such violation, this shall not apply:

1. In cases of Article 82 (1): A fine not exceeding 300 million won;

2. In cases of Article 84 or 85: A fine not exceeding 60 million won.

[This Article Wholly Amended by Act No. 9223, Dec. 26, 2008]

Article 87-2 (Confiscation, etc.)

(1) Any article that is the subject of an infringing act falling under Article 82 (1), or any article arising out of such

IP/N/1/KOR/D/4 Page 92

act, shall be confiscated, or, upon the request of the injured party, a judgment shall be rendered to the effect

that such article shall be delivered to the injured party.

(2) Where an article is delivered to the injured party under paragraph (1), that person may claim compensation

for damages in excess of the value of the article.

[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]

Article 88 (Fines for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence

not exceeding five hundred thousand won: <Amended by Act No. 4894, Jan. 5, 1995; Act No. 6626, Jan. 26, 2002;

Act No. 8187, Jan. 3, 2007>

1. Any person who took an oath under Articles 299 (2) and 367 of the Civil Procedure Act, and makes a

false statement before the Intellectual Property Tribunal;

2. Any person who has been ordered by the Intellectual Property Tribunal to submit or present documents

or other articles in relation to examining or preservation of evidence, but fails to comply with the order

without justifiable grounds;

3. Deleted; <by Act No. 7289, Dec. 31, 2004>

4. Any person with a subpoena of the Intellectual Property Tribunal to appear as a witness, expert witness

or interpreter fails to comply with such subpoena, or refuses to make an oath or statement, or give a

testimony or expert opinion or interpret, without justifiable grounds.

(2) Fines for negligence referred to in paragraph (1) shall be imposed and collected by the Commissioner of the

Korean Intellectual Property Office, as prescribed by Presidential Decree.

(3) through (5) Deleted. <by Act No. 9764, Jun. 9, 2009>

Article 89 Deleted. <by Act No. 9764, Jun. 9, 2009>

ADDENDA

Article 1 (Enforcement Date)

IP/N/1/KOR/D/4 Page 93

This Act shall enter into force on September 1, 1990.

Article 2 (General Transitional Measures)

Except as otherwise provided for in Articles 3 through 7 of the Addenda, this Act shall also apply to matters

that have taken place before this Act enters into force: Provided, That this Act shall have no influence on any

effect produced pursuant to the previous provisions.

Article 3 (Transitional Measures concerning Applications, etc.)

Any appellate trial on dissatisfaction with an examination of an application for design registration and a

rejection ruling made before this Act enters into force shall be governed by the previous provisions.

Article 4 (Transitional Measures concerning Trial, etc. on Registered Design Right of which is Established)

Any trial, appellate trial, retrial and lawsuit on a registered design of which the right is established on the

base of an application for design registration filed before this Act enters into force shall be governed by the

previous provisions.

Article 5 (Transitional Measures concerning Dismissal of Amendments)

Any amendment made before this Act enters into force shall be governed by the previous provisions.

Article 6 (Transitional Measures concerning Expropriation, etc. of Design Right)

Any disposition or lawsuit pertaining to a restriction, expropriation, revlocation or working of a design right

requested before this Act enters into force shall be governed by the previous provisions.

Article 7 (Transitional Measures concerning Procedure and Expenses of Trial and Compensation for Damages,

etc.)

Any procedure, expenses, compensation for damages, etc. as to a trial, appellate trial, retrial and lawsuit

requested before this Act enters into force shall be governed by the previous provisions.

ADDENDA <Act No. 4541, Mar. 6, 1993>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

IP/N/1/KOR/D/4 Page 94

Articles 2 through 5 Omitted.

ADDENDA <Act No. 4595, Dec. 10, 1993>

(1) (Enforcement Date) This Act shall enter into force on January 1, 1994.

(2) (Transitional Measures concerning Term of Design Right) Notwithstanding the amended provisions of

Article 40 (1), the term of a design right established, or to be established by an application for registration of

design, before this Act enters into force, shall be governed by the previous provisions.

(3) (Transitional Measures concerning Period for Return of Design Registration Fees, etc.) The return of

design registration fees and other official fees erroneously paid before this Act enters into force shall be

governed by the previous provisions.

(4) (Applicability concerning Return of Design Registration Fees) The revised provisions of Article 36 (1) 2

concerning the return of design registration fees due to a final decision on invalidation of a design registration

shall apply to those the invalidation of which is decided conclusively after this Act enters into force.

ADDENDA <Act No. 4894, Jan. 5, 1995>

Article 1 (Enforcement Date)

This Act shall enter into force on March 1, 1998.

Article 2 (Transitional Measures on Cases Pending)

(1) Any case for which a request for trial has been filed or a case pending for which a request for appellate

trial against a ruling of rejection or a decision to dismiss an amendment before this Act enters into force shall

be deemed to have been brought before the Intellectual Property Tribunal and to have been pending therein.

(2) Any case for which a request for appellate trial against a trial decision has been filed or a case pending

for which a request for immediate appeal against a decision to dismiss a written request for trial before this

Act enters into force shall be deemed to have been brought before the Patent Court under this Act and to

have been pending therein.

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Article 3 (Transitional Measures on Cases, etc. against which Appeal may be Filed)

(1) A court action may be brought against a case on which a trial decision, a decision to dismiss a request

for trial, a ruling of rejection, or a decision to dismiss an amendment by an examiner as at the time this Act

enters into force, and against which an appeal has not been filed with the Intellectual Property Tribunal

under the previous provisions within 30 days from the date this Act enters into force; a court action as

referred to in Article 186 (1) of the Patent Act applied mutatis mutandis pursuant to Article 75 of this Act may

be brought against a trial decision and a decision to dismiss a request for trial; and a trial as referred to in

Article 132-3 or 132-4 of the Patent Act applied mutatis mutandis pursuant to Article 72 of this Act may be

requested against a ruling of rejection, or a decision to dismiss an amendment by an examiner: Provided,

That this shall not apply where any period for requesting a retrial has expired under the previous provisions

as at the time this Act enters into force.

(2) Any appeal may be filed, within 30 days from the date this Act enters into force, against a case on which

a trial decision of an appellate trial, a decision to dismiss a request for appellate trial and a decision to

dismiss an amendment by an appellate administrative patent judge, as at the time this Act enters into force

has been served, with the Supreme Court: Provided, That this shall not apply where any period for

requesting a retrial has expired under the previous provisions as at the time this Act enters into force.

(3) Any case against which an appeal has been filed with the Supreme Court and which is pending therein

before this Act enters into force and any case against which an appeal has been filed pursuant to paragraph

(2) shall be deemed to have been pending or to have been filed with the Supreme Court by this Act.

Article 4 (Transitional Measures on Cases of Retrial)

The provisions of Articles 2 and 3 of the Addenda shall apply mutatis mutandis to any case of retrial pending.

Article 5 (Transfer, etc. of Documents)

(1) The Commissioner of the Korean Intellectual Property Office shall transfer documents on cases which

are pending as prescribed in Article 2 (1) of the Addenda (including those as applicable mutatis mutandis

under Article 4 of the Addenda) without delay to the President of the Intellectual Property Tribunal.

IP/N/1/KOR/D/4 Page 96

(2) The Commissioner of the Korean Intellectual Property Office shall transfer documents on any case which

is pending as prescribed in Article 2 (2) of the Addenda (including those as applicable mutatis mutandis

under Article 4 of the Addenda) without delay to the Chief Judge of the Patent Court. In such cases, matters

necessary for the transfer, etc. of documents shall be determined by the Supreme Court Regulations.

ADDENDA <Act No. 5082, Dec. 29, 1995>

(1) (Enforcement Date) This Act shall enter into force on July 1, 1996.

(2) (Transitional Measures concerning Procedure and Expenses for Trial, and Compensation for Damage, etc.)

The procedure, expenses, compensation for damages, etc. related to the trial, appellate trial, retrial and

lawsuit requested against any act committed before this Act enters into force, shall be governed by the

previous provisions.

ADDENDA <Act No. 5329, Apr. 10, 1997>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1997. (Proviso Omitted.)

Articles 2 through 5 Omitted.

ADDENDA <Act No. 5354, Aug. 22, 1997>

Article 1 (Enforcement Date)

This Act shall enter into force on March 1, 1998.

Article 2 (Transitional Measures as to Applications, etc.)

An examination or ruling of rejection in respect of an application for registration of design filed before this Act

enters into force shall be governed by the previous provisions.

Article 3 (Transitional Measures as to Trials, etc. on Registered Designs)

Trials, retrials, and court actions in respect of registered designs on which rights are established in

accordance with applications for registration of design before this Act enters into force shall be governed by

IP/N/1/KOR/D/4 Page 97

the previous provisions.

Article 4 (Transitional Measures as to Dismissal of Amendments)

Any amendment made before this Act enters into force shall be governed by the previous provisions.

Article 5 (Applicability concerning Allowance of Exceptions to Loss of Novelty)

The amended provisions of Article 8 (1) and (2) shall apply to applications for design registration filed on or

after the date this Act enters into force.

Article 6 (Applicability concerning Extension of Terms of Design Rights)

The amended provisions of Article 40 (1) shall apply to design rights registered by applications for design

registration filed on or after the date this Act enters into force.

Article 7 (Applicability concerning Relationship with Third Persons' Design Rights, etc.)

The amended provisions of Article 45 (2) shall apply to owners of design rights registered by applications for

design registration filed on or after the date this Act enters into force, or to exclusive licensees thereto.

ADDENDA <Act No. 5576, Sep. 23, 1998>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1999: Provided, That …

Articles 2 through 5 Omitted.

ADDENDA <Act No. 6024, Sep. 7, 1999>

Article 1 (Enforcement Date)

This Act shall enter into force on October 1, 2000. (Proviso Omitted.)

Articles 2 through 13 Omitted.

ADDENDA <Act No. 6413, Feb. 3, 2001>

(1) (Enforcement Date) This Act shall enter into force on July 1, 2001: Provided, That the amended provisions

of Article 36 (2) and (3) shall enter into force on the date of its promulgation.

IP/N/1/KOR/D/4 Page 98

(2) (General Transitional Measures) The previous provisions shall apply to the requirements for registration,

division, modification, examination, design registration, design right, objection to an unexamined design

registration, trial, retrial, or litigation related to an application for a design registration which is submitted as at

the time this Act enters into force: Provided, That this shall not apply to cases falling under any of the following

subparagraphs:

1. The amended provisions of Article 31-2 shall apply to cases where each design in an application for

multiple design registration is abandoned;

2. The amended provisions of Article 33-2 shall apply to cases where an application for design registration or

design right is deemed to have existed retroactively by late payment of registration fees;

3. The proviso to Article 140-2 (1) and Article 140-2 (3) of the Patent Act applied mutatis mutandis under the

amended provisions of Article 72 shall apply to cases where a trial against a ruling to reject a design

registration is requested.

ADDENDA <Act No. 6626, Jan. 26, 2002>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2002.

Articles 2 through 7 Omitted.

ADDENDA <Act No. 6767, Dec. 11, 2002>

(1)(Enforcement Date) This Act shall enter into force five months after the date of its promulgation.

(2)(Applicability concerning Handling of Objections against Unexamined Design Registrations) The amended

provisions of Article 30 (2) shall apply to objections against unexamined design registrations filed on or after

the date this Act enters into force.

ADDENDA <Act No. 7289, Dec. 31, 2004>

Article 1 (Enforcement Date)

IP/N/1/KOR/D/4 Page 99

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Transitional Measures concerning Applications, etc.)

The qualifications for registration, modification, examination, trial, retrial of application, and legal

proceedings concerning an application for design registration made before this Act enters into force shall be

governed by the previous provisions.

Article3(Transitional Measures concerning Trials, etc. of Registered Design)

Any objection against unexamined design registration, trial, retrial and litigation concerning a registered

design over which right is established pursuant to an application for design registration filed before this Act

enters into force shall be governed by the previous provisions.

Article 4 (Transitional Measures concerning Change of Name, such as Registered Design)

A registered design or application for design registration pursuant to the previous provisions as at the time

this Act enters into force shall be deemed a registered design or application for design registration pursuant

to the amended provisions of this Act.

Article 5 Omitted.

ADDENDUM <Act No. 7556, May 31, 2005>

This Act shall enter into force on September 1, 2005.

ADDENDA <Act No. 7869, Mar. 3, 2006>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 6 Omitted.

ADDENDA <Act No. 8187, Jan. 3, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the

IP/N/1/KOR/D/4 Page 100

latter part of Article 4, Articles 13 (2), 16 (3), 18 (3) through (6), 23-6, 26 (2), 29-5 through 29-9, 30 (2), 36 (1)

3, (2) and (3), and 50-2, the latter part of Article 72 and the latter part of Article 81 shall enter into force on

July 1, 2007.

Article 2 (Applicability concerning Confidential Designs)

The amended provisions of Article 13 (2) shall apply to applications for design registration filed on or after

July 1, 2007.

Article 3 (Applicability concerning Prior Applications, etc.)

(1) The amended provisions of Article 16 (3) shall apply to applications for design registration filed on or

after July 1, 2007 but abandoned, or for which decisions of rejection or trial decisions to reject such are

concluded.

(2) The amended provisions of Article 23-6 shall apply to applications for design registration filed on or after

July 1, 2007 for which decisions of rejection or trial decisions to reject such are concluded.

Article 4 (Applicability concerning Amendments to Applications)

The amended provisions of Article 18 (3) shall apply to independent applications for design registration

amended on or after July 1, 2007.

Article 5 (Applicability concerning Decisions to Reject Design Registration)

The amended provisions of Article 26 (2) shall apply to applications for unexamined design registration filed

on or after July 1, 2007.

Article 6 (Applicability concerning Refund of Registration Fees, etc.)

The part regarding application fees for design registration under the amended provisions of Article 36 (1) 3,

(2) and (3) shall apply to applications for design registration filed on or after July 1, 2007.

Article 7 (Applicability concerning Non-Exclusive License following Prior Application)

The amended provisions of Article 50-2 shall apply to applications for design registration filed on or after July

1, 2007 and meeting the requirements of the aforementioned amended provisions.

Article 8 (Applicability concerning Remuneration for Patent Attorneys)

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The amended provisions of Article 75 shall apply to cases in which patent attorneys stand proxy on or after

the date this Act enters into force.

Article 9 (Transitional Measures concerning Refund of Registration Fees, etc.)

Notwithstanding the amended provisions of Article 36 (2) and (3), the former provisions of Article 36 (3) shall

apply to requests for refund of amounts corresponding to registration fees under Article 36 (1) 2 where

decisions to cancel design registration or trial decisions to invalidate design registration become final and

binding before July 1, 2007.

ADDENDA <Act No. 8357, Apr. 11, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDA <Act No. 8456, May 17, 2007>

(1)(Enforcement Date) This Act shall enter into force six months after the date of its promulgation.

(2)(Applicability concerning Refund of Registration Fees, etc.) The amended provisions of Article 36 (3) shall

also apply to the registration fee and official fee for which the period of request for refund pursuant to the

former provisions has not passed as at the time this Act enters into force.

ADDENDA <Act No. 8852, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDUM <Act No. 9223, Dec. 26, 2008>

This Act shall enter into force on the date of its promulgation.

IP/N/1/KOR/D/4 Page 102

ADDENDA <Act No. 9381, Jan. 30, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2009. (Proviso Omitted.)

Articles 2 through 11 Omitted.

ADDENDA <Act No. 9764, Jun. 9, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2009.

Article 2 (Applicability concerning Payment, Late Payment and Remainder Payment of Design Registration Fees)

The amended provisions of Articles 31, 33, 33-2 and 33-3 shall apply to payment, late payment or remainder

payment of registration fees on or after the date this Act enters into force.

Article 3 (Applicability concerning Amendments to Written Requests for Trial)

The amended provisions of Articles 72-2 (2) and 72-3 (2) shall apply to requests for a trial on or after the

date this Act enters into force.

Article 4 (General Transitional Measures)

With respect to any application for a design registration filed pursuant to the previous provisions as at the

time this Act enters into force, the previous provisions shall apply.

ADDENDA <Act No. 10012, Feb. 4, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 6 Omitted.

ADDENDUM <Act No. 10809, Jun. 30, 2011>

This Act shall enter into force on the date on which the Free Trade Agreement between the Republic of Korea,

IP/N/1/KOR/D/4 Page 103

of the One Part, and the European Union and Its Member States, of the Other Part, enters into force.

ADDENDUM <Act No. 11111, Dec. 2, 2011>

This Act shall enter into force on the date on which the Free Trade Agreement between the Republic of Korea

and the United States of America and Exchange of Letters related to the Agreement enters into force.

__________

IP/N/1/KOR/D/4 Page 104

Industrial Design Protection Act (Act No. 951 of December 31, 1961, as amended up to Act No. 11111 of December 2, 2011), Republic of Korea

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