[This Article Wholly Amended by Presidential Decree No. 18901, Jun. 30, 2005]
Article 1-3 (Documents Evidencing Compatibility with Definition of Geographical Indication) For the purpose of the latter part of Article 9 (3) of the Act and the latter part of Article 86-16 (3) of the Act, "documents attesting to the fact that it conforms to the definition of geographical indication" means the follow
ing documents:
[This Article Newly Inserted by Presidential Decree No. 18901. Jun. 30, 2005]
Article 1-4 (Submission of Opinions by Local Governments concerning Application for Registration of Geographical Collective Marks) 0) The Commissioner of the Korea Intellectual Property Office may hear
opinion of the relevant local government on the following matters regarding the examination of an application for registration of geographical collective mark, and he/she may, when necessary, ask for cooperation, such as submission of data:
1. Matters regarding the production, manufacture, processing and distribution of the goods applicable to the geographical indication;
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(2) The head of a local government may submit his/her opinion on the following matters regarding an application for registration of geographical collecti ve mark to the Commissioner of the Korean Intellectual Property Office. and when necessary for the proper protection of such geographical indication. he/she may consult or coordinate with the applicant:
[This Article Newly Inserted by Presidential Decree No. 18901. Jun. 30. 2005J
Article 2 (Transfer of Collective Mark Registration Applications. etc.) Any person who intends to obtain permission for the transfer of a collective mark registration application under the proviso to Article 12 (9) of the Act and for the transfer of a collective mark right under the proviso to Article 54 (9) of the Act shall file an application for permission for the transfer prescribed by Ordinance of the Ministry of Knowledge Economy. with the Commissioner of the Korean Intellectual Property Office. together with the following documents: (Amended by Presidential Decree No. 13870. Mar. 6.1993; Presidential Decree No. 17249, Jun. 27. 2001; Presidential Decree No. 20729, F eb. 29, 2008; Presidential Decree No. 22112. Apr. 7. 2010)
Article 2-2 (Designation Standards. etc. for Specialized Investigation Agencies)
(1) The Commissioner of the Korean Intellectual Property Office shall designate a legal entity that fully satisfies the following requirements as a specialized investigation agency referred to in Article 22-2 0) of the Act (hereinafter referred to as "specialized investigation agency"):
(Amended by Presidential Decree No. 20125, Jun. 28, 2007; Presidential Decree No. 22112, Apr. 7, 2010)
(2) No specialized investigation agency designated under paragraph (1)
shall conduct inspection work in an impartial manner. (Amended by Presidential Decree No. 22112. Apr. 7, 2010)
(3) Any person who intends to be designated as a specialized investigation agency shall submit an application for designation of specialized investigation agency accompanied by documents evidencing that requirements under each subparagraph of paragraph 0) are fully satisfied. to the Commissioner of the Korean Intellectual Property Office. (Amended by
Presidential Decree No. 22112, Apr. 7. 2010)
(4) Detailed standards for the securing of a database of documentary records. equipment. dedicated organization and human resources. and detailed standards for the handling of trademark inspection work and concrete standards for a security system and matters concerning the operation of a specialized investigation agency under each subparagraph of paragraph 0) shall be determined and announced by the Commissioner of the Korean Intellectual Property Office. (Newly Inserted by Presidential Decree
No. 22112. Apr. 7, 2010) [This Article Newly Inserted by Presidential Decree No. 15578, Dec. 31. 1997] Article 2-3 (Procedures. etc. for Request of Trademark Inspection)
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request for trademark inspection referred to in paragraph 0) from the Commissioner of the Korean Intellectual Property Office, he/she shall promptly notify the Commissioner of the Korean Intellectual Property Office of the results of the inspection. (Amended by Presidential Decree No. 17249. Jun. 27. 2001)
Article 2-4 (Subject Matter of Preferential Examinations) "Applications for trademark registration prescribed by Presidential Decree which are deemed requiring urgent disposal, including cases where an applicant for the trademark registration is using the trademark, the application of trademark registration of which was filed, for all of the designated goods" in Article 22-4 (2) 2 of the Act means any of the following cases:
[This Article Newly Inserted by Presidential Decree No. 22112. Apr. 7. 2010] Article 2-5 (Decision on Preferential Examinations)
(1) A person who intends to apply for a preferential examination under Article 22-4 (2) of the Act shall submit, to the Commissioner of the Korean Intellectual Property Office, an application for preferential examination and accompanying documents determined by Ordinance of the Ministry of Knowledge Economy.
[This Article Newly Inserted by Presidential Decree No. 22112, Apr. 7. 2010J
Article 3 (Trademark Gazette) The Trademark Gazette as prescribed by Article 89 (1) of the Act shall include the following matters: (Amended by Presidential Decree No. 15578, Dec.
31. 1997; Presidential Decree No. 17249. Jun. 27. 2001; Presidential Decree No. 18901. Jun. 30.2005; Presidential Decree No. 20125. Jun. 28. 2007; Presidential Decree No. 22112, Apr.
7. 2010)
1. For the public notice on application under Article 24 (2) of the Act (including cases applicable mutatis mutandis under Articles 49 (3) and 81 0) of the Act). the matters in the following items:
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(rril Matters concerning ex officio correction under Article 24-3 of the Act;
Article 4 (Standards for Imposition of Fines for Negligence)
[Thjs Article Wholly Amended by Presjdential Decree No. 21582. Jun. 30. 2009]
Article 5 (Application Mutatis Mutandis)
(1) The provisions of Article 18 of the Enforcement Decree of the Patent Act shall apply mutatis mutandis to the applications. requests and other procedures relating to the trademark registration. In this case. the term "trial" in Article 18 (3) of said Decree shall be read as "objection against trademark registration and trial". (Amended by
Presjdential Decree No. 20125. Jun. 28. 2007)
(2) The provisions of Article 8 of the Enforcement Decree of the Patent Act shall apply mutatis mutandis to the examiner, the trial examiner, the presiding trial examiner and the President of the Korean Intellectual Property Tribunal. (Amended by Presidenfjal Decree No. 15578. Dec. 31. 1997:
Presidential Decree No. 18901. Jun. 30. 2005)
ADDENDUM
This Decree shall enter into force on September 1, 1990.
ADDENDUM (Presidential Decree No. 13747. Oct. 27. 1992) This Decree shall enter into force on November 1. 1992.
ADDENDA (Presiden tial Decree No. 13870. Mar. 6. 1993) Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDUM (Presidential Decree No. 15578. Dec. 31. 1997) This Decree shall enter into force on March 1, 1998.
ADDENDUM (Presidential Decree No. 17249. Jun. 27. 2001) This Decree shall enter into force on July 1. 2001: Provided, That the amended provisions of subparagraph 1 (d) of Article 3 shall enter into force on the date of taking effect on the Republic of Korea of the Protocol relating to the Madrid Agreement concerning the International Registration of Marks. (Enforced on April 10, 2003 under the Treaty No. 1625 (Official Gazette dated March 19, 2003) J
ADDENDUM (Presidential Decree No. 18312. Mar. 17. 2004) This Decree shall enter into force on the date of its promulgation.
ADDENDA (Presidential Decree No. 18901. Jun. 30. 2005) 0) (Enforcement Date) This Decree shall enter into force on July 1. 2005.
(2) (Applicability to Matters of Description in Articles of Incorporation) The amended provisions of Article 1-2 0) shall apply to applications filed on or after the enforcement of this Decree.
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ADDENDUM (Presidential Decree No. 20125, Jun. 28, 2007) This Decree shall enter into force on July 1. 2007.
ADDENDA (Presidential Decree No. 20729, F eb. 29, 2008)
This Decree shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted.
ADDENDUM (Presidential Decree No. 21582, Jun. 30, 2009) This Decree shall enter into force on July 1. 2009.
ADDENDUM (Presidential Decree No. 22112, Apr. 7. 2010) This Decree shall enter into force on July 28. 2010.