제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령
1011 (Supp. 48)
ENFORCEMENT DECREE OF THE ACT ON THE
LAYOUT-DESIGNS OF SEMICONDUCTOR
INTEGRATED CIRCUITS
Presidential Decree No. 13972, Aug. 31, 1993
Amended by Presidential Decree No. 14700, Jul. 1, 1995
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16045, Dec. 31, 1998
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 19507, Jun. 12, 2006
Presidential Decree No. 20345, Oct. 26, 2007
Presidential Decree No. 20729, Feb. 29, 2008
Presidential Decree No. 21369, Mar. 25, 2009
Presidential Decree No. 21901, Dec. 22, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 23344, Dec. 2, 2011
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the
Act on the Layout-Designs of Semiconductor Integrated Circuits and those
necessary for the enforcement thereof. <Amended by Presidential Decree No.
20345, Oct. 26, 2007>
Article 2 Deleted. <by Presidential Decree No. 21369, Mar. 25, 2009>
Article 3 (Justifiable Grounds for Non-Use of Layout-Designs)
(1) Justifiable ground specified by Presidential Decree in Article 13 (1)
1 of the Act on the Layout-Designs of Semiconductor Integrated Circuits
(hereinafter referred to as the Act ) shall be any of the following cases:
<Amended by Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 21369,
Mar. 25, 2009>
1. Where a person who has made registration of establishment pursuant
to Article 21 (1) of the Act and another person who has succeeded
to right from the former (hereinafter referred to as holder of a lay-
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
1012(Supp. 48)
out-design right ), or an exclusive licensee under Article 11 (2) of
the Act (hereinafter referred to as exclusive licensee ), cannot use
a layout-design under subparagraph 2 of Article 2 of the Act, due to
a mental or physical disorder. In such cases, a mental or physical disorder
shall be proved by a representative of a medical institution of a hospital
level or higher under Article 3 (4) of the Medical Service Act;
2. Where a layout-design cannot be used due to the delay of permission
or authorization of an administrative agency, or consent or approval
from a third party, required for the use of layout-designs under
subparagraph 4 of Article 2 of the Act (hereinafter referred to as use
of layout-design );
3. Where a layout-design cannot be used because raw materials or
equipment necessary for using the layout-design are prohibited from
importation;
4. Where a layout-design cannot be used because it is impossible to use
the layout-design in business scale due to a lack or shortage of demand
for the use of the layout-design.
(2) Justifiable grounds in Article 13 (1) 2 of the Act means a ground
falling under any subparagraph of paragraph (1). <Amended by Presidential
Decree No. 20345, Oct. 26, 2007>
Article 4 (Application for Award)
(1) A person who intends to make an application for award (hereinafter
referred to as applicant for award ) on the establishment of a non-exclusive
license (hereinafter referred to as non-exclusive license ) under Article
12 of the Act, pursuant to Article 13 (2) or (3) of the Act, shall submit
a written application stating the following matters (hereinafter referred
to as application for award ) to the Commissioner of the Korean Intellectual
Property Office: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential
Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
1. The registration number of the layout-design right;
2. The name, address, and resident registration number of an applicant
for award (in cases of a juristic person, its trade name, seat of place
제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령
1013 (Supp. 48)
of business, registration number of the juristic person and name of
its representative);
3. The name, address and resident registration number of the holder of
a layout-design right or a person who has registered an exclusive license
or non-exclusive license, or pledge under Article 16 of the Act (hereinafter
referred to as right for layout-design )(in cases of a juristic person,
its trade name, seat of place of business, registration number of the
juristic person and name of its representative);
4. Purport and reasons for the application;
5. The scope of the non-exclusive license;
6. The consideration, and methods and timing for the payment thereof.
(2) An application for award under paragraph (1) shall be accompanied
by the following documents: <Amended by Presidential Decree No. 14700, Jul.
1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>
1. Documents stating the basis for calculation of the consideration, in
consideration of the economic value of layout-design right or exclusive
license;
2. Documents proving the grounds for application.
Article 5 (Delivery of Copy, and Public Announcement, of Application for
Award)
(1) Where an application for award under Article 4 is submitted, the
Commissioner of the Korean Intellectual Property Office shall send a copy
of such application to the holder of layout-design right and a person who
has registered the right for the layout-design, and shall provide them with
an opportunity to present their opinions in writing within a prescribed
period not less than one month but not more than three months: Provided,
That in cases of an application for award under Article 13 (3) of the Act,
the procedures to present opinions in writing may be omitted. <Amended
by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31,
1998; Presidential Decree No. 20345, Oct. 26, 2007>
(2) Where a written opinion under paragraph (1) is presented, the
Commissioner of the Korean Intellectual Property Office shall send a copy
of the written opinion in writing to the applicant for award. <Amended by
Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998;
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
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Presidential Decree No. 20345, Oct. 26, 2007>
(3) Where an application for award under Article 4 is submitted, the
Commissioner of the Korean Intellectual Property Office shall make a public
announcement of the purport in the Official Gazette or the Patent Gazette
under Article 221 of the Patent Act (hereinafter referred to as Official
Gazette, etc. ). <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential
Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
Article 6 (Abuse of Rights)
Ground prescribed by Presidential Decree in Article 13 (4) 2 of the Act
means cases falling under any of the following subparagraphs: <Amended
by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31,
1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 21369, Mar.
25, 2009>
1. Where corrective measures have been ordered by the Fair Trade
Commission pursuant to Article 24 of the Monopoly Regulation and
Fair Trade Act because the non-use of a layout-design by the holder
of the layout-design right or the exclusive licensee falls under abusive
acts under Article 3-2 of the same Act or unfair trade practices under
Article 23 of the same Act;
2. Where a layout-design is not used on a substantial business scale for
not less than two years consecutively in the Republic of Korea, or does
not meet the domestic demand in proper terms and conditions.
Article 7 (Certificate of Award)
An award under Article 13 (4) of the Act (hereinafter referred to as award )
shall be a written submission (hereinafter referred to as written award )
stating the following matters: <Amended by Presidential Decree No. 14700, Jul.
1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>
1. The serial number of the award;
2. The registration number of the layout-design right;
3. The name, address, and resident registration number of an applicant
for award (in cases of a juristic person, the trade name, seat of place
of business, registration number of the juristic person, and the name
of its representative);
4. The name, address, and resident registration number of the holder
제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령
1015 (Supp. 48)
of the layout-design right and the person who has registered for the
layout-design (in cases of a juristic person, the trade name, seat of
place of business, registration number of the juristic person, and the
name of its representative);
5. The main texts of the award (including matters falling under the subpara-
graphs of Article 13 (5) of the Act);
6. The reasons for the award (including the purport and reasons for the
application for award);
7. The date of the award.
Article 8 (Service of Certified Copy of Award)
When the Commissioner of the Korean Intellectual Property Office makes
an award, he/she shall serve a certified copy of the award on the applicant
for award, the holder of the layout-design right and a person who has
registered the layout-design right, respectively. <Amended by Presidential
Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential
Decree No. 20345, Oct. 26, 2007>
Article 9 (Deposit of Consideration)
Where an applicant for award who intends to pay a consideration under
Article 13 (5) 2 of the Act falls under any of the following subparagraphs,
he/she may deposit such consideration: <Amended by Presidential Decree No.
14700, Jul. 1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>
1. Where a person who is to receive the consideration refuses or is unable
to receive it;
2. Where a lawsuit has been filed for the consideration;
3. Where a pledge has been established for the relevant layout-design
right or exclusive license: Provided, That this shall not apply where
a pledgee consents to such remuneration.
Article 10 (Procedure for Cancellation of Award)
(1) Cancellation of award under Article 15 (1) of the Act shall be made
in writing with the ground therefor clarified. <Amended by Presidential Decree
No. 20345, Oct. 26, 2007>
(2) Articles 4, 5, and 8 shall apply mutatis mutandis to the cancellation
of award under paragraph (1). In such cases, award shall be construed
as cancellation of award , application for award as application for
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
1016(Supp. 48)
cancellation of award , applicant for award as applicant for cancellation
of award and statement of award as statement of cancellation of award ,
respectively. <Amended by Presidential Decree No. 20345, Oct. 26. 2007>
CHAPTER Ⅱ REGISTRATION OF LAYOUT-
DESIGN RIGHTS, ETC.
Article 11 (Application for Registration of Establishment of Layout-Design
Rights)
(1) A person who intends to apply for registration of establishment of
a layout-design right pursuant to Article 19 (1) of the Act shall submit
a written application for registration of establishment stating the following
matters (hereinafter referred to as application for registration of
establishment ) to the Commissioner of the Korean Intellectual Property
Office: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree
No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
1. The applicant s name, address, and resident registration number (in
cases of a juristic person, the trade name, seat of place of business,
registration number of the juristic person, and name of its representa-
tive);
2. The date of application;
3. The date on which the layout-design was created;
4. Where activities defined in subparagraph 4 (c) of Article 2 of the Act
are committed for making profits, the date when such activity was
first committed;
5. The name, address and resident registration number of the creator
of the layout-design (in cases of a juristic person, the trade name,
seat of place of business, registration number of the juristic person,
and name of its representative);
6. Where there is an agent for application, the name, address and resident
registration number of the agent (in cases of a juristic person, the
trade name, seat of place of business, registration number of the juristic
person, and name of its representative);
제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령
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7. The title of the layout-design.
(2) The following materials shall be attached to a written application for
registration of establishment: <Amended by Presidential Decree No. 14700, Jul.
1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Amended by Presidential Decree
No. 20345, Oct. 26, 2007; Presidential Decree No. 20729, Feb. 29, 2008; Presidential Decree
No. 21369, Mar. 25, 2009>
1. An electronic file in the form readable by a computer on two- or three-
dimensional structure of a layout-design (hereinafter referred to as
layout-design file );
2. An explanatory note of a layout-design stating the matters prescribed
by Ordinance of the Ministry of Knowledge Economy;
3. Documents proving authority of representation when an application
for registration is made by an agent who is not the layout-design
administrator under Article 4 (1) of the Act (hereinafter referred to
as layout-design administrator );
4. A certificate of nationality if an applicant is a foreigner (documents
proving that it is a foreign juristic person if an applicant is a foreign
juristic person);
5. Documents proving the fact of succession where an applicant is a
successor of the creator of a layout-design under Article 19 (1) of the
Act.
(3) Deleted. <by Presidential Decree No. 20345, Oct. 26, 2007>
Article 12 (Rejection of Application for Registration of Establishment)
(1) Any other case prescribed by Presidential Decree, such as cases where
the applicant fails to submit accompanying documents necessary for the
application for the registration of establishment of a layout-design right
in Article 20 (1) 4 of the Act means cases falling under any of the following
subparagraphs: <Amended by Presidential Decree No. 21369, Mar. 25, 2009>
1. Where the matters to be stated under Article 11 (1) have not been
stated in a written application for registration of establishment or the
materials under Article 11 (2) have not been attached thereto;
2. Where the matters stated in a written application for registration of
establishment are inconsistent with the materials attached thereto,
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
1018(Supp. 48)
or the materials attached thereto are inconsistent with one another;
3. Where an explanatory note in which the matters to be stated under
Article 11 (2) 2 are not stated been attached to a written application
for registration of establishment;
4. Where fees under Article 40 of the Act have not been paid.
(2) Where the Commissioner of the Korean Intellectual Property Office
intends to refuse an application because it falls under any subparagraph
of paragraph (1), he/she shall issue an order to the applicant to make
a correction within a prescribed period. <Amended by Presidential Decree No.
21369, Mar. 25, 2009>
(3) An applicant may correct a written application for registration of
establishment or the materials attached thereto (excluding a layout-design
file) before registration of establishment is completed: Provided, That if
orders of correction under paragraph (2) are issued, such correction may
be made only within a prescribed period.
(4) The Commissioner of the Korean Intellectual Property Office may extend
the period under paragraph (2) ex officio or at the request of a person
who has received an order to correct.
[This Article Wholly Amended by Presidential Decree No. 20345, Oct. 26, 2007]
Article 13 (Public Announcement of Registration of Establishment)
(1) Where the establishment of a layout-design has been registered pursuant
to Article 21 (1) of the Act, the Commissioner of the Korean Intellectual
Property Office shall make a public announcement thereof in the Official
Gazette, etc. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential
Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
(2) Matters to be publicly announced in the Official Gazette, etc. under
paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge
Economy. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree
No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree
No. 20729, Feb. 29, 2008>
Article 14 (Form of Original Register)
The Commissioner of the Korean Intellectual Property Office shall make
the original register of establishment of layout-design rights under Article
21 (2) of the Act (hereinafter referred to as original register ) on magnetic
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tapes, etc., and its format, records and method of filling in and kind of
annexed documents shall be prescribed by Ordinance of the Ministry of
Knowledge Economy. <Amended by Presidential Decree No. 14700, Jul. 1, 1995;
Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007;
Presidential Decree No. 20729, Feb. 29, 2008>
Article 15 (Loss of Original Register)
When the whole or part of the original register has been lost, the
Commissioner of the Korean Intellectual Property Office shall make a public
announcement that the holder of a layout-design right who has applied
for restoration of such registration within a prescribed period of not less
than three months is entitled to the same priority on the original register
granted prior to such loss. <Amended by Presidential Decree No. 14700, Jul. 1, 1995;
Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
Article 16 (Applicant for Registration)
A rightful person of registration and a responsible person for registration
shall jointly apply for registration under Article 23 (1) of the Act: Provided,
That in any of the following cases, a rightful person of registration alone
may apply for registration: <Amended by Presidential Decree No. 20345, Oct. 26,
2007>
1. Where a letter of consent of a responsible person for registration is
attached to the written application for registration concerned;
2. Where registration is made by judicial judgment, inheritance or merger.
Article 17 (Application for Registration, other than Registration of
Establishment)
(1) A person who intends to apply for registration under Articles 4 (3)
and 23 (1) of the Act shall submit a written application for registration
stating the following matters to the Commissioner of the Korean Intellectual
Property Office: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential
Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential
Decree No. 21369, Mar. 25, 2009>
1. The applicant s name, address, and resident registration number (in
cases of a juristic person, the trade name, seat of place of business,
registration number of the juristic person, and name of its representa-
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
1020(Supp. 48)
tive);
2. Date of application;
3. Where there is an agent for application, the name, address and resident
registration number of the agent (in cases of a juristic person, the
trade name, seat of place of business, registration number of the juristic
person, and name of its representative);
4. Registration number of the layout-design right;
5. Reasons for registration and the date when the reasons occurred;
6. Where the purpose of registration is the right on a layout-design, the
indication of the right to be registered;
7. Where the purpose of registration is the matters on the layout-design
administrator, the name, address and resident registration number
of the layout-design administrator (in cases of a juristic person, the
trade name, seat of place of business, registration number of the juristic
person, and name of its representative) and the scope of authority
of representation.
(2) A person who intends to apply for registration of establishment of
an exclusive license or non-exclusive license shall state the following matters
in addition to those under the subparagraphs of paragraph (1): <Amended
by Presidential Decree No. 20345, Oct. 26, 2007>
1. Scope of exclusive license or non-exclusive license to be established;
2. Matters concerning the consideration or the method and timing of
payment thereof if they are prescribed in reasons for registration.
(3) A person who intends to apply for registration of transfer of an exclusive
license or non-exclusive license shall state the scope of the exclusive license
or non-exclusive license to be transferred in addition to the matters under
the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 20345,
Oct. 26, 2007>
Article 18 (Accompanying Documents)
(1) The following documents shall be attached to an application for
registration under Article 17: <Amended by Presidential Decree No. 20345, Oct.
26, 2007>
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1021 (Supp. 48)
1. Document proving the cause of registration;
2. Document proving the consent or permission by a third party in regard
to the cause of registration, when consent or permission is necessary:
Provided, That the document may be replaced with the signing and
sealing of the third party on the application;
3. Document proving authority of representation when the application
for registration is made by an agent who is not the layout-design
administrator;
4. A certificate of nationality if an applicant is a foreigner (documents
proving that it is a foreign juristic person if an applicant is a foreign
juristic person);
5. Deleted. <by Presidential Decree No. 21901, Dec. 22, 2009>
(2) If a document certifying the cause for registration is the enforceable
decision, the attachment of a document under paragraph (1) 2 may be
omitted. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(3) With regard to Article 17 (3), where an exclusive license or a
non-exclusive license is intended to be transferred together with business
using layout-designs, documents proving such fact shall be attached in
addition to the documents under paragraph (1). <Amended by Presidential
Decree No. 20345, Oct. 26, 2007>
Article 18-2 (Documents to be Submitted by Orders of Commissioner of
Korean Intellectual Property Office)
(1) After examining a written application for registration and accompanying
documents under Articles 17 and 18, where the Commissioner of the Korean
Intellectual Property Office deems it necessary to confirm an applicant
in detail, he/she may order the applicant to submit any of the following
documents within a fixed period:
1. Certificates concerning recording of family relations, certified copy or
extract of resident registration cards, certificate of nationality (limited
to cases where the applicant is a foreigner) and other documents
confirming the applicant;
2. Notarized certificate of the signature (in cases of a foreigner, including
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1020(Supp. 48)
a certificate issued by the public agencies in his/her mother country
certifying that the applicant has signed thereon);
3. A transcript of corporate registry where the applicant is a juristic person.
(2) Where the Commissioner of the Korean Intellectual Property Office,
in receipt of a written application for registration and accompanying
documents under Articles 17 and 18, is able to confirm any information
on the documents falling under the subparagraphs of paragraph (1) through
a joint use of administrative information under Article 36 (1) of the Electronic
Government Act, he/she may substitute the documents to be submitted
with such confirmation: Provided, That where the applicant does not consent
to the confirmation of the relevant documents (excluding a transcript of
corporate registry), the Commissioner of the Korean Intellectual Property
Office shall order the applicant to submit the relevant documents. <Amended
by Presidential Decree No. 22151, May 4, 2010>
[This Article Newly Inserted by Presidential Decree No. 21901, Dec. 22, 2009]
Article 19 (Omission of Accompanying Documents)
(1) When two or more applications for registration of establishment under
Article 11 and registration for other than establishment under Article 17
are made at the same time, if there is duplication in attached materials
or documents for each application, the submission of attached materials
or documents to one application may replace the attached materials or
documents to the other application. In such cases, such purport shall be
stated in the other application. <Amended by Presidential Decree No. 20345, Oct.
26, 2007>
(2) When making an application for registration under paragraph (1),
if any materials or documents to be attached to the relevant written
application have already been submitted and there are no changes in their
details, the submission of such materials or documents may be omitted.
In such cases, such purport shall be stated in the relevant written
application. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
Article 20 (Description of Matters concerning Extinguishment of Rights)
A person who intends to apply for registration under Article 19 (1)
(hereinafter referred to as applicant for registration ) shall, if there is
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1021 (Supp. 48)
an agreement on the extinguishment of the right which is the purpose
of registration, enter such details in a written application. <Amended by
Presidential Decree No. 20345, Oct. 26, 2007>
Article 21 (Description of Shares, etc.)
(1) When matters concerning shares are prescribed as the joint ownership
of a layout-design right or a right for a layout-design held by not less
than two persons, an applicant for registration shall enter such shares
in a written application. The same shall also apply when an application
for registration is made for transfer of part of a layout-design right or
a right for a layout-design. <Amended by Presidential Decree No. 20345, Oct. 26,
2007>
(2) When there is a specific agreement under Article 10 (4) of the Act
(including cases where Articles 11 (6) and 12 (5) of the Act apply mutatis
mutandis) or an agreement under the proviso to Article 268 (1) of the
Civil Act as joint ownership of a layout-design right or a right for a
layout-design by not less than two persons, an applicant for registration
shall enter such matter in a written application. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
Article 22 (Attachment, etc. of Evidentiary Documents)
Where a cause of registration is inheritance or merger of juristic persons,
an applicant for registration shall attach documents proving such facts
to a written application: Provided, That where the applicant has consented
so that the Commissioner of the Korean Intellectual Property Office may
confirm the details of attached documents through joint use of the
administrative information pursuant to Article 36 (1) of the Electronic
Government Act, attached documents may be omitted. <Amended by Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 21369, Mar. 25, 2009;
Presidential Decree No. 22151, May 4, 2010>
[This Article Wholly Amended by Presidential Decree No. 19507, Jun. 12, 2006]
Article 23 (Consolidated Application)
When two or more applications for registration are made for layout-design
rights or rights for layout-designs, only one application may be made if
causes and purposes of such registration are the same. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
Article 24 (Obligee s Subrogation to Obliger)
When an application is based upon the obligee s subrogation to the obliger
pursuant to Article 404 of the Civil Act, the applicant shall submit to
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1022(Supp. 48)
the Commissioner of the Korean Intellectual Property Office a written
application stating the following matters and documents proving causes
of the subrogation attached thereto: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345,
Oct. 26, 2007>
1. The name, address, and resident registration number of the obligee
and obliger (in cases of a juristic person, its trade name, seat of place
of business, registration number of the juristic person and name of
its representative);
2. The reason for the subrogation.
Article 25 (Notification of Errors or Omissions)
If any errors or omissions are found after registration under Article 21
(1) or 23 (1) of the Act, the Commissioner of the Korean Intellectual Property
Office shall immediately notify a rightful person of registration, a responsible
person for registration and other interested persons thereof in writing. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045,
Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
Article 26 (Ex Officio Correction)
If errors or omissions under Article 25 were caused by public officials under
his/her control, the Commissioner of the Korean Intellectual Property Office
shall immediately correct registration except when there is a third party
having interest of registration, and notify a rightful person of registration
and a responsible person for registration of such purport in writing. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31,
1998; Presidential Decree No. 20345, Oct. 26, 2007>
Article 27 (Cancellation of Registered Establishment of Layout-Design
Rights)
(1) Cancellation of registered establishment of a layout-design right under
Article 24 of the Act shall be made in writing with the ground therefor
clarified. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(2) Details of cancellation of registered establishment under paragraph
(1) shall be publicly announced in the Official Gazette, etc. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
Article 28 (Cases where Applied Mutatis Mutandis by the Decree on
Registration of Patents Rights, etc.)
The provisions of Articles 4, 6 (1), 7, 8, 12 through 14, 15 (5) and (9),
17 through 19, 27 through 29, 34, and 40 through 61 of the Decree on
Registration of Patent Rights, etc. shall apply mutatis mutandis to
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1023 (Supp. 48)
registration under Article 23 (1) of the Act. In such cases, patent rights
shall be construed as layout-design rights , patents as
layout-designs , register as layout-design register , registration
number as layout-design registration number of a layout-design right ,
exclusive license as exclusive right of use , non-exclusive license as
non-exclusive right of use , and patent trust register as layout-design
trust register
[This Article Wholly Amended by Presidential Decree No. 23344, Dec. 2, 2011]
CHAPTER Ⅲ COMMITTEE FOR
DELIBERATION AND
CONCILIATION ON
LAYOUT-DESIGNS
Article 29 (Chairperson and Vice-Chairperson)
(1) The chairperson of the Committee for Deliberation and Conciliation
on Layout-Designs under Article 25 (1) of the Act (hereinafter referred
to as the Committee ) shall take overall control over the affairs of the
Committee, and shall represent the Committee. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(2) The vice-chairperson shall assist the chairperson, and, if the
chairperson is unable to perform his/her duties due to extenuating
circumstances, the vice-chairperson shall act on behalf of the chairperson. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
Article 30 (Convocation of Meetings and Quorum)
(1) The chairperson shall convene a meeting of the Committee and preside
over it.
(2) When the chairperson intends to convene a meeting of the Committee
(hereinafter referred to as meeting ), he/she shall notify deliberators
and conciliators under Article 25 (2) of the Act (hereinafter referred to
as committee member ) of the date and time and venue of the meeting
and of issues to be deliberated or conciliated in the meeting by at least
five days before the meeting: Provided, That the same shall not apply
when the meeting shall be urgently convened or an extenuating circumstance
exists. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(3) The Committee shall commence a meeting with the attendance of not
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
1024(Supp. 48)
less than two-thirds of current committee members including the
chairperson and shall pass resolutions by a concurrent vote of a majority
of those present. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(4) No committee member shall participate in deliberation or conciliation
of a case in which he/she has a direct interest.
Article 31 (Allowances and Travel Expenses)
Committee members and expert witnesses participating in a meeting may
receive allowances and travel expenses within budget limits: Provided,
That no allowance shall be paid to a committee member who is a public
official participating in a meeting in direct connection with his/her duties. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
Article 32 (Procedure for Conciliation)
(1) A person who intends to apply for conciliation pursuant to Article
27 (1) of the Act, shall submit a written application for conciliation to
the Committee, as determined by the Committee. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(2) When the chairperson has received a written application for conciliation
under paragraph (1), he/she shall refer such application to the conciliation
panel (hereinafter referred to as conciliation panel ) under Article 28
of the Act. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(3) The conciliation panel, in receipt of a written application for conciliation
under paragraph (2), shall provide parties, their agents or other interested
parties with an opportunity to state their opinions, and may consider the
opinions of relevant experts. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(4) The conciliation panel may prepare a proposal of conciliation, present
it to the parties concerned, and recommend them to accept it.
(5) If conciliation is concluded pursuant to Article 29 (1) of the Act, the
Committee shall report it without delay to the Commissioner of the Korean
Intellectual Property Office, and shall manage and preserve a protocol
and other records concerning such conciliation. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
Article 33 (Executive Secretary and Clerical Staff Members)
(1) The Committee shall have one executive secretary and a few clerical
staff members. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
(2) The Commissioner of the Korean Intellectual Property Office shall
appoint the executive secretary and clerical staff members from among
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1025 (Supp. 48)
public officials in charge of layout-design registration of establishment
under Article 21 of the Act. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
(3) The executive secretary shall manage the general affairs of the Com-
mittee in accordance with orders issued by the chairperson and shall be
assisted by clerical staff members.
Article 34 (Detailed Operation Regulations)
Matters necessary for the operation of the Committee, other than those
prescribed by this Decree, shall be determined by the chairperson through
resolution by the Committee. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>
CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS
Article 35 (Certificate of Layout-Design Registration)
The following matters shall be stated in a certificate of layout-design
registration under Article 21 (3) of the Act (hereinafter referred to as
certificate of layout-design registration ): <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 20729, Feb. 29, 2008>
1. The holder of a layout-design right;
2. The registration number and registration date of a layout-design right;
3. Other matters prescribed by Ordinance of the Ministry of Knowledge
Economy.
Article 36 (Perusal, etc. of Original Register)
(1) If there is a request falling under any of the following subparagraphs
pursuant to Article 21 (4) of the Act, the Commissioner of the Korean
Intellectual Property Office shall promptly comply with such request unless
any extraordinary ground exists otherwise: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>
1. Request for a certified copy or an extract of the original register;
2. Request for perusal or reproduction of a certificate of layout-design
registration, a written application for registration of establishment or
a written application for registration under Article 17 and materials
and documents attached thereto: Provided, That only a holder of a
layout-design right may request perusal or reproduction of a certificate
of layout-design registration or a layout-design file.
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
1026(Supp. 48)
(2) Perusal under paragraph (1) shall be made in a designated place in
the presence of the public official concerned. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>
Article 37 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997>
Article 38 Deleted. <by Presidential Decree No. 16045, Dec. 31, 1998> Article 39 (Administration of Layout-Design Files)
The Commissioner of the Korean Intellectual Property Office shall keep
layout-design files submitted pursuant to Article 11 (2) in custody so that
confidentiality may be maintained and take necessary measures for security. [This Article Newly Inserted by Presidential Decree No. 20345, Oct. 26, 2007]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on September
1, 1993.
(2) (Provisions on Enforcement Date of the Act on Layout-Designs of
Semiconductor Integrated Circuits) Under paragraph (1) of the Addenda,
the Act on the Layout-Designs of Semiconductor Integrated Circuits (Act
No. 4526) shall enter into force on September 1, 1993.
ADDENDUM <Presidential Decree No. 14700, Jul. 1, 1995>
This Decree shall enter into force on July 1, 1995.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16045, Dec. 31, 1998>
This Decree shall enter into force on January 1, 1999.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20345, Oct. 26, 2007>
Article 1 (Enforcement Date)
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This Decree shall enter into force on October 28, 2007. Article 2 (Applicability to Application, etc. for Registration of Creation
of Layout-Design Rights)
Parts concerning layout-design files of the amended provisions of Articles
11, 12 and 36 shall apply beginning from the first application for registra-
tion of establishment of a layout-design right made after this Decree enters
into force.
ADDENDA <Presidential Decree No. 20729, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21369, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2009. Article 2 (Applicability)
The amended provision of the proviso to Article 22 shall apply beginning
with the first application for registration after this Decree enters into
force.
ADDENDUM <Presidential Decree No. 21901, Dec. 22, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23344, Dec. 2, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012.
Articles 2 through 5 Omitted.