- INDUSTRIAL DESIGNPROTECTION ACT
- TABLE OF CONTENTS
- CHAPTER I GENERAL PROVISIONS
- Article 1 Purpose
- Article 2 Definitions
- Article 3 Persons Entitled to Obtain Design Registration
- Article 4 Capacity of minors.
- Article 4-2 Associations etc. Other than a Legal Entity
- Article 4-3 Design Administrator for Nonresidents
- Article 4-4 Scope of Power of Attorney
- Article 4-5 Proof of Power of Attorney
- Article 4-6 Ratification Regarding Defect in Legal Capacity, etc.
- Article 4-7 Continuation of Power of Attorney
- Article 4-8 Independence of Representation
- Article 4-9 Replacement of Agents etc.
- Article 4-10 Representation of Two or More Persons
- Article 4-11 Mutatis Mutandis Application of the Civil Procedure Act
- Article 4-12 Venue of Nonresidents
- Article 4-13 Calculation of Time Limits
- Article 4-14 Extension of Time Limits etc.
- Article 4-15 Invalidation of Procedure
- Article 4-16 Subsequent Completion of Procedure
- Article 4-17 Succession of Procedural Effects
- Article 4-18 Continuation of a Procedure by a Successor
- Article 4-19 Interruption of a Procedure
- Article 4-20 Resumption of an Interrupted Procedure
- Article 4-21 Request for a Resumption
- Article 4-22 Suspension of a Procedure
- Article 4-23 Effects of an Interruption or Suspension
- Article 4-24 Capacity of Foreigners
- Article 4-25 Effects of a Treaty
- Article 4-26 Effective Date of Submitted Documents
- Article 4-27 Entry of Identification Number
- Article 4-28 Procedure for Filing Patent Applications by Electronic Means
- Article 4-29 Report on Use of Electronic Documents and Electronic Signatures
- Article 4-30 Notification etc. through a Communication Network
- CHAPTER II REQUIREMENTS FOR DESIGN REGISTRATION AND DESIGNAPPLICATIONS
- Article 5 Requirements for Design Registration
- Article 6 Unregistrable Designs
- Article 7 Similar Designs
- Article 8 Exception to Loss of Novelty
- Article 9 Applications for Design Registration
- Article 10 Joint Application
- Article 11 A Single Application for a Single Design Registration
- Article 11bis Application for Multiple Design Registration
- Article 12 Design of a Set of Articles
- Article 13 Secret Designs
- Article 14 Application for Design Registration Filed by an Unentitled Person andProtection of the Lawful Holder of a Right
- Article 15 Design Registration Granted to an Unentitled Person and Protection ofthe Lawful Holder of a Right
- Article 16 First-to-File Rule
- Article 17 Amendment of Procedure
- Article 18 Amendment to Application and Change of Gist
- Article 18bis Rejection of Amendment
- Article 19 Division of Applications for the Registration of Designs
- Article 23 Priority Claim under a Treaty
- Article 23-2 Laying Open an Application
- Article 23-3 Effect of Laying Open an Application
- Article 23-4 Transfer etc. of the Right to Obtain Design Registration
- Article 23-5 Furnishing of Information
- Article 23-6 Publication of Applications Determined to Be Refused in the DesignGazette
- Article 24 Succession of the Right to Receive Design Registration
- CHAPTER III EXAMINATION
- Article 25 Examination by an Examiner
- Article 25-2 Search for Prior Art, etc
- Article 25-3 Cancellation of the Designation of a Specialized Search Organization
- Article 25-4 Preferential Examination
- Article 27 Notification of Reasons for Refusal
- Article 27bis Request for Reexamination
- Article 28 Decision to Grant Design Registration
- Article 29 Method of Deciding to Grant or Refuse Design Registration
- Article 29-2 Opposition to the Registration of an Unexamined Design
- Article 29-3 Amendment to Grounds for an Opposition to Unexamined Design Registration etc.
- Article 29-4 Collegial Body for Examinations and Decisions etc.
- Article 29-5 Ex Officio Examination of an Opposition to an Unexamined Design Registration
- Article 29-6 Combination or Separation of Oppositions to Unexamined Design Registration
- Article 29-7 Decision on Opposition to Unexamined Designs Registration
- Article 29-8 Method of Deciding upon an Opposition to an Unexamined Design Registration
- Article 29-9 Withdrawal of an Opposition to an Unexamined Design Registration
- Article 30 Mutatis Mutandis Application of the Patent Act
- Article 30bis Suspension of Examination or Litigation
- Article 30ter Mutatis Mutandis regulation
- CHAPTER IV REGISTRATION FEES AND REGISTRATION OF DESIGNS
- Article 31 Design Registration Fees
- Article 31bis Abandonment for Each Design at the Time of Paying Registration Fees
- Article 32 Payment of Registration Fees by an Interested Party
- Article 33 Late Payment of Registration Fees
- Article 33bis Remaining Payment of Registration Fees
- Article 33ter Restoration of an Application for Design Registration or a Design Right by Late Payment of Registration Fees etc.
- Article 34 Official Fees
- Article 35 Reduction or Exemption of Registration Fees or Official Fees
- Article 36 Refund of Registration Fees etc.
- Article 37 Design Register
- Article 38 Issuance of a Design Registration Certificate
- CHAPTER V DESIGN RIGHT
- Article 39 Registration of Establishment of a Design Right
- Article 40 The Term of a Design Right
- Article 41 Effects of a Design Right
- Article 42 Design Right Related to a Similar Design
- Article 43 Scope of Protection of a Registered Design
- Article 44 Limitations of a Design Right
- Article 45 Relationship with another Person's Registered Design
- Article 46 Assignment and Joint Ownership of a Design Right
- Article 47 Exclusive License
- Article 48 Effects of Registration of a Patent Right and an Exclusive License
- Article 49 Nonexclusive License
- Article 50 Nonexclusive License by Virtue of Prior Use
- Article 50bis Nonexclusive License by Virtue of Prior Application
- Article 51 Nonexclusive License Due to Working before Registration of Demand for an Invalidation Trial
- Article 52 Nonexclusive License after a Design Right Expires etc.
- Article 52bis Effects of Registration of a Nonexclusive License
- Article 53 Abandonment of a Design Right
- Article 54 Restriction on Abandonment of a Design Right etc.
- Article 55 Effect of Abandonment
- Article 56 Pledge
- Article 57 Subrogation for the Right of a Pledge
- Article 58 Nonexclusive License when Transferring the Design Right by Exercisingthe Pledge Right
- Article 59 Extinguishment of a Design Right in the Absence of a Successor
- Article 61 The Title of Execution on Amount of Compensation and Remuneration
- CHAPTER VI PROTECTION OF OWNER OF DESIGN RIGHT
- Article 62 Injunction against an Infringement etc.
- Article 63 Acts Considered to be Infringing
- Article 64 Presumption etc. of the Amount of Damages
- Article 65 Presumption of Negligence
- Article 66 Measures for Recovering the Reputation of the Owner of a Design Right etc.
- Article 67 Submission of Documents
- CHAPTER VII TRIAL
- Article 67bis Trial against a Decision to Reject an Amendment
- Article 67ter Trial against a Decision to Refuse or Revoke Design Registration
- Article 68 Trial to Invalidate a Design Registration
- Article 69 Trial to Confirm the Scope of a Design Right
- Article 70 Trial for Granting a Nonexclusive License
- Article 71 Mutatis Mutandis Application of the Provisions of Examination to Trial against the Decision to Refuse Design Registration
- Article 72 Request for a Joint Trial etc.
- Article 72-2 Formal Requirements of a Request for a Trial
- Article 72-3 Formal Requirements of a Request for a Trial on a Decision to Refusea design registration
- Article 72-4 Rejection of a Request for a Trial
- Article 72-5 Rejection of a Request for a Trial Containing Incurable Defects
- Article 72-6 Trial Examiners
- Article 72-7 Designation of Trial Examiners
- Article 72-8 Presiding Trial Examiner
- Article 72-9 Collegial Body for a Trial
- Article 72-10 Submission of a Response etc.
- Article 72-11 Exclusion of a Trial Examiner
- Article 72-12 Request for Exclusion
- Article 72-13 Recusal of a Trial Examiner
- Article 72-14 Indication of Grounds for Exclusion or Recusal
- Article 72-15 Decision on a Request to Exclude or Recuse
- Article 72-16 Suspension of Trials
- Article 72-17 Trial Examiners Recusing Themselves
- Article 72-18 Trial Proceedings etc.
- Article 72-19 Intervention
- Article 72-20 Request for an Intervention and Decision
- Article 72-21 Taking and Preserving Evidence
- Article 72-22 Continuation of Trial Proceedings
- Article 72-23 Ex Officio Trial Examination
- Article 72-24 Combination or Separation of a Trial or Ruling
- Article 72-25 Withdrawal of a Request for a Trial
- Article 72-26 Ruling on a Trial
- Article 72-27 Res Judicata
- Article 72-28 Relationship Between Trial and Litigation
- Article 72-29 Costs of a Trial
- Article 72-30 Title of Enforcement of Costs or Remuneration
- Article 72-31 Special Provisions for a Trial against a design registration
- Article 72-32 Effect of Examination or the process of opposition to an unexamineddesign registration
- Article 72-33 Reversal of a Ruling of Refusal of design registration etc.
- CHAPTER VIII RETRIAL AND LITIGATION
- Article 73 Request for a Retrial
- Article 73bis Request for a Retrial on Account of Collusion
- Article 73ter Period for Requesting a Retrial
- Article 74 Restriction on Effects of Design Rights Restored by a Retrial
- Article 74-2 Nonexclusive License for Prior User of a Design Right Restored by aRetrial
- Article 74-3 Nonexclusive License for Person Deprived of a Nonexclusive Licenseby a Retrial
- Article 74-4 Mutatis Mutandis Application of Provisions on Trial to Retrial
- Article 74-5 Mutatis Mutandis Application of the Civil Procedure Act
- Article 75 Action on a Trial Decision etc.
- Article 75-2 Qualification of Defendant
- Article 75-3 Notification of Institution of Action and Transmittal of Document
- Article 75-4 Revoking a Trial Decision or Ruling
- Article 75-5 Action against Decision on Amount of Compensation or Remuneration
- Article 75-6 Defendant in an Action Related to Compensation or Remuneration
- Article 75-7 Compensation for Patent Attorneys and Costs of Litigation
- CHAPTER IX SUPPLEMENTARY PROVISIONS
- Article 76 Inspection of Documents
- Article 77 Prohibition of Opening or Removing a Design Register and Documents Related to an Application, Examination or Trial
- Article 77-2 Agency for Digitizing design Documents
- Article 77-3 Transmittal of Documents
- Article 77-4 Transmittal by Public Notification
- Article 77-5 Transmittal of Documents to Nonresidents
- Article 78 Design Gazette
- Article 78bis Submission of Documents etc.
- Article 79 Design Registration Marking
- Article 80 Prohibition of False Marking
- Article 81 Restriction on Objections
- CHAPTER X PENAL PROVISIONS
- Article 82 Offense of Infringement
- Article 83 Offense of Perjury
- Article 84 Offense of False Marking
- Article 85 Offense of Fraud
- Article 86 Offense of Divulging Secrets
- Article 86bis Officers and Employees of Special Searching Agency as PublicOfficials and Irrefutable Presumption
- Article 87 Dual Liability
- Article 87bis Confiscation etc.
- Article 88 Administrative Fine
- ADDENDUM
INDUSTRIAL DESIGN
QPROTECTION ACT
Q
Last amended on June 9, 2009 by Act No. 9764
QPromulgated on December 31, 1961 by Act No. 951
Q
Note: This English version of the Industrial Design Protection Act of Korea is provided for information purpose only. This English version should nither be relied on as an authoritative law nor an official translation of the Industrial Design Protection Act of Korea.
TABLE OF CONTENTS
CHAPTER I GENERAL PROVISIONS 10
G Article 1 Purpose 10
G Article 2 Definitions 10
G Article 3 Persons Entitled to Obtain Design Registration11
G Article 4 Capacity of minors. 11
G Article 4-2 Associations etc. Other than a Legal Entity11
G Article 4-3 Design Administrator for Nonresidents 12
G Article 4-4 Scope of Power of Attorney 12
G Article 4-5 Proof of Power of Attorney 13
G Article 4-6 Ratification Regarding Defect in Legal Capacity, etc13
G Article 4-7 Continuation of Power of Attorney 13
G Article 4-8 Independence of Representation 13
G Article 4-9 Replacement of Agents etc14
G Article 4-10 Representation of Two or More Persons14
G Article 4-11 Mutatis Mutandis Application of the Civil Procedure Act15
G Article 4-12 Venue of Nonresidents15
G Article 4-13 Calculation of Time Limits15
G Article 4-14 Extension of Time Limits etc16
G Article 4-15 Invalidation of Procedure16
G Article 4-16 Subsequent Completion of Procedure17
G Article 4-17 Succession of Procedural Effects 17
G Article 4-18 Continuation of a Procedure by a Successor 18
G Article 4-19 Interruption of a Procedure18
G Article 4-20 Resumption of an Interrupted Procedure 19
G Article 4-21 Request for a Resumption 19
G Article 4-22 Suspension of a Procedure20
G Article 4-23 Effects of an Interruption or Suspension21
G Article 4-24 Capacity of Foreigners21
G Article 4-25 Effects of a Treaty21
G Article 4-26 Effective Date of Submitted Documents22
G Article 4-27 Entry of Identification Number 22
G Article 4-28 Procedure for Filing Patent Applications by Electronic Means 23
G Article 4-29 Report on Use of Electronic Documents and Electronic Signatures. 24
G Article 4-30 Notification etc. through a Communication Network 24
G CHAPTER II REQUIREMENTS FOR DESIGN REGISTRATION AND DESIGN APPLICATIONS25
G Article 5 Requirements for Design Registration 25
G Article 6 Unregistrable Designs26
G Article 7 Similar Designs26
GArticle 14 Application for Design Registration Filed by an Unentitled Person and
Article 15 Design Registration Granted to an Unentitled Person and Protection of
Article 23-6 Publication of Applications Determined to Be Refused in the Design
Article 8 Exception to Loss of Novelty 26
G Article 9 Applications for Design Registration 27
G Article 10 Joint Application 29
G Article 11 A Single Application for a Single Design Registration29
G Article 11bis Application for Multiple Design Registration29
G Article 12 Design of a Set of Articles 30
G Article 13 Secret Designs30
G Protection of the Lawful Holder of a Right31
G the Lawful Holder of a Right31
G Article 16 First-to-File Rule32
G Article 17 Amendment of Procedure33
G Article 18 Amendment to Application and Change of Gist33
G Article 18bis Rejection of Amendment 34
G Article 19 Division of Applications for the Registration of Designs 35
G Article 20 Deleted. 35
G Article 20bis Deleted.
QPromulgated on December 31, 1961 by Act No. 951
Q
Note: This English version of the Industrial Design Protection Act of Korea is provided for information purpose only. This English version should nither be relied on as an authoritative law nor an official translation of the Industrial Design Protection Act of Korea.
TABLE OF CONTENTS
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GArticle 14 Application for Design Registration Filed by an Unentitled Person and
Article 15 Design Registration Granted to an Unentitled Person and Protection of
Article 23-6 Publication of Applications Determined to Be Refused in the Design
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