Democratic People's Republic of Korea
Invention Office
- Section 1: General
- Section 2: Private and/or non-commercial use
- Section 3: Experimental use and/or scientific research
- Section 4: Preparation of medicines
- Section 5: Prior use
- Section 6: Use of articles on foreign vessels, aircrafts and land vehicles
- Section 7: Acts for obtaining regulatory approval from authorities
- Section 8: Exhaustion of patent rights
- Section 9: Compulsory licenses and/or government use
- Section 10: Exceptions and limitations related to farmers’ and/or breeders’ use of patented inventions
- Section 11: Other Exceptions and Limitations
Section 1. General
1. As background for the exceptions and limitations to patents investigated in this questionnaire, what is the legal standard used to determine whether an invention is patentable? If the standard for patentability includes provisions that vary according to the technology involved, please include examples of how the standard has been interpreted, if available. Please indicate the source of law (statutory and-or case law) by providing the relevant provisions and/or a brief summary of the relevant decisions.
Correspondingly, please list exclusions from patentability that exist in your law. Furthermore, please provide the source of those exclusions from patentability if different from the source of the standard of patentability, and provide any available case law or interpretive decisions specific to the exclusions.
[Note from the Secretariat: response was not provided.]
2. As background for the exceptions and limitations to patents investigated in this questionnaire, what exclusive rights are granted with a patent? Please provide the relevant provision in the statutory or case law. In addition, if publication of a patent application accords exclusive rights to the patent applicant, what are those rights?
The relevant provision is provided for in the Article 28 of the Invention Law of DPR Korea as follows: “If institutions, enterprises, organizations or citizens wish to use for the production of goods, the science and technology under protection as a patent, they shall obtain the permission of the patent owner. The patented science and technology may not be transferred to a third party without the consent of the owner.”
3. Which exceptions and limitations does the applicable law provide in respect to patent rights (please indicate the applicable exceptions/limitations):
Private and/or non-commercial use;
Experimental use and/or scientific research;
Prior use;
Use of articles on foreign vessels, aircrafts and land vehicles;
Exhaustion of patent rights;
Compulsory licensing and/or government use.
Section 2: Private and/or non-commercial use
4. If the exception is contained in statutory law, please provide the relevant provision(s):
The relevant provision is provided for in the Article 33 of the Invention Law of DPR Korea as follows:
”A patented science and technology may be used without the consent of the patent owner if:
a) it is used for the repair or maintenance of a foreign transport means that stays temporarily in DPRK;
b) it is used for scientific research and experiment; or
c) it is used for the preparation of medicaments necessary for medical treatment under a doctor’s prescription."
5.-10.
[Note from the Secretariat: response was not provided.]
Section 3: Experimental use and/or scientific research
11. If the exception is contained in statutory law, please provide the relevant provision(s):
The relevant provision is provided for in the above-mentioned Article 33-b.
12.-13.
[Note from the Secretariat: response was not provided.]
14. Does the applicable law make a distinction concerning the nature of the organization conducting the experimentation or research (for example, whether the organization is commercial or a not-for-profit entity)? Please explain:
No.
15.-22.
[Note from the Secretariat: response was not provided.]
Section 4: Preparation of medicines
23.-30.
[Note from the Secretariat: response was not provided. However, the exception is provided by Article 33(c) of the Invention Law of the Democratic People's Republic of Korea.]
Section 5: Prior use
31.-33.
[Note from the Secretariat: response was not provided.]
34. How does the applicable law define the scope of “use”? Does the applicable law provide for any quantitative or qualitative limitations on the application of the “use” by prior user? Please explain your answer by citing legal provision(s) and/or decision(s):
No.
35. Does the applicable law provide for a remuneration to be paid to the patentee for the exercise of the exception? Please explain:
No.
36. According to the applicable law, can a prior user license or assign his prior user’s right to a third party?
No.
37.-41.
[Note from the Secretariat: response was not provided.]
Section 6: Use of articles on foreign vessels, aircrafts and land vehicles
42. If the exception is contained in statutory law, please provide the relevant provision(s):
The relevant provision is provided for in the above-mentioned Article 33-a.
43.-44.
[Note from the Secretariat: response was not provided.]
45. The exception applies in relation to:
Vessels;
Aircrafts;
Land Vehicles.
46. In determining the scope of the exception, does the applicable law apply such terms as ”temporarily” and/or “accidentally” or any other equivalent term in relation to the entry of foreign transportation means into the national territory? Please provide the definitions of those terms by citing legal provision(s) and/or decision(s):
[Note from the Secretariat: response was not provided.]
47. Does the applicable law provide for any restrictions on the use of the patented product on the body of the foreign vessels, aircrafts, land vehicles and spacecraft for the exception to apply (for example, the devices to be used exclusively for the needs of the vessel, aircraft, land vehicle and/or spacecraft)? Please explain your answer by citing legal provision(s) and/or decision(s):
No.
48.-50.
[Note from the Secretariat: response was not provided.]
Section 7: Acts for obtaining regulatory approval from authorities
51.-59.
[Note from the Secretariat: the applicable law of the Democratic People's Republic of Korea does not provide exceptions related to acts for obtaining regulatory approval from authorities.]
Section 8: Exhaustion of patent rights
60.-64.
[Note from the Secretariat: the applicable law of the Democratic People's Republic of Korea does not provide exceptions related to exhaustion of patent rights.]
Section 9: Compulsory licenses and/or government use
Compulsory licenses
65. If the exception is contained in statutory law, please provide the relevant provision(s):
The relevant provision is provided for in the Article 31of the Invention Law of DPR Korea as follows: “Where the patented science and technology is needed for the public interest, the state may take over the patent or the right to use the science and technology. In this case, the state shall reimburse the patent owner.”
66. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response was not provided.]
67. What grounds for the grant of a compulsory license does the applicable law provide in respect to patents (please indicate the applicable grounds):
Non-working or insufficient working of the patented invention;
National security;
Other, please specify:
68.-70.
[Note from the Secretariat: response was not provided.]
71. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide for a certain time period to be respected before a compulsory license can be requested?
No.
72. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide that a compulsory license shall be refused if the patentee justifies his inaction by legitimate reasons?
No.
73.-80.
[Note from the Secretariat: response was not provided.]
Government use
81.-88.
[Note from the Secretariat: the applicable law of the Democratic People's Republic of Korea does not provide exceptions related to government use.]
Section 10: Exceptions and limitations related to farmers’ and/or breeders’ use of patented inventions
89.-100.
[Note from the Secretariat: the applicable law of the Democratic People's Republic of Korea does not provide exceptions and limitations related to farners' and/or breeders' use of patented inventions.]
Section 11: Other Exceptions and Limitations
101.-103.
[Note from the Secretariat: the applicable law of the Democratic People's Republic of Korea does not provide other exceptions and limitations.]
[End of Questionnaire]
March 2012