법령, 판례 등 모든 법령정보를 한 번에 검색 OK !
DESIGN PROTECTION ACT
[Enforcement Date 29. Feb, 2016.] [Act No.14032, 29. Feb, 2016., Partial Amendment]
특허청 (디자인심사정책곾( �42-481-5766
법제처 국가법령정보센터 www.law.go.kr
2017.10.26
「DESIGN PROTECTION ACT」
DESIGN PROTECTION ACT
[Enforcement Date 29. Feb, 2016.] [Act No.14032, 29. Feb, 2016., Partial Amendment]
특허청 (디자인심사정책과) 042-481-5766
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to developing industries by protecting
designs and promoting the use thereof and encouraging to create designs.
Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "design" means a shape, pattern, or color of an article [including parts
of an article (excluding those defined under Article 42) and fonts; the same shall
apply hereinafter], which invokes a sense of beauty through visual perception;
2. The term "font" means a set of characters (including those in the form of
numerals, punctuation marks, and symbols) made in a style with common
characteristics for recording, marking, or printing;
3. The term "registered design" means a design accepted for design registration;
4. The term "design registration" means either registration of an examined design or
partially-examined design;
5. The term "registration of an examined design" means that an application for
design registration is registered only when the application successfully passes an
examination as to whether it meets all requirements for design registration;
6. The term “registration of a partially-examined design” means that a design is
registered if an application successfully passes an examination as to whether it
meets only some of the requirements for design registration;
7. The term "working of a design" means producing, using, assigning, renting,
exporting, or importing an article that involves a design, or offering to assign or
rent such article (including displaying an article for assigning or renting; the same
shall apply hereinafter).
법제처 1 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 3 (Persons Eligible for Design Registration) (1) A person who creates a design,
or his or her successor shall have a right to register the design in accordance with
provisions of this Act: Provided, That no design shall be registered for any employee
of the Korean Intellectual Property Office or the Intellectual Property Trial and
Appeal Board while he/she is in service, except for a registered design acquired by
inheritance or bequest.
(2) If at least two persons jointly create a design, such persons shall jointly have
the right to register the design.
Article 4 (Legal Capacity of Minors, etc.) (1) No minor or person under limited
guardianship or under adult guardianship shall file an application or a claim or initiate
any other procedure in relation to design registration (hereinafter referred to as
“design-related procedure”) without being represented by his/her legal
representative: Provided, That the foregoing shall not apply where a minor or a
person under limited guardianship is allowed to do a legal act independently.
(2) A legal representative referred to in paragraph (1) may file a written opposition
to registration of a partially-examined design sought by an adverse party or a
petition for an administrative patent trial or retrial on such petition to object without
the guardianship supervisor’s consent thereto.
Article 5 (Unincorporated Associations, etc.)
If an unincorporated association or foundation has already appointed a representative
or an administrator, such association or foundation may become an opponent to
object to registration of a partially-examined design or a petitioner or respondent
for an administrative patent trial or retrial on such petition in the name of the
association or foundation.
Article 6 (Design Administrators for Non-Residents) (1) A person who has neither
domicile nor a place of business in the Republic of Korea (hereinafter referred to as
“non-resident”) shall not initiate any design-related procedure or file a lawsuit
against a disposition made by an administrative authority under this Act or pursuant
to an order issued under this Act, unless he/she is represented by a person who acts
as an agent for the non-resident’s designs and has domicile or a place of business
in the Republic of Korea (hereinafter referred to as “design administrator”),
법제처 2 국가법령정보센터
「DESIGN PROTECTION ACT」
except when the non-resident (or the representative of the non-resident, if the
non-resident is a corporation) sojourns in the Republic of Korea.
(2) A design administrator shall represent his/her principal in a lawsuit filed with
respect to a design-related procedure or a disposition made by an administrative
authority under this Act or pursuant to an order issued under this Act, within the
scope of authority delegated to him/her.
Article 7 (Scope of Power of Attorney)No agent (including a design administrator; the
same shall apply hereinafter) to whom a power of attorney is granted by a person
who has domicile or a place of business in the Republic of Korea shall do any of the
following acts, unless he/she is expressly so empowered:
1. To abandon or withdraw an application for design registration or to renounce a
design right;
2. To withdraw an application;
3. To withdraw a petition;
4. To file a petition for an administrative patent trial under Article 119 or 120;
5. To appoint a sub-agent.
Article 8 (Proof of Power of Attorney)
A person who initiates a design-related procedure as an agent shall prove his/her
power of attorney in writing.
Article 9 (Ratification of Defects in Legal Capacity, etc.)
A procedure initiated by a person who lacks legal capacity or authority for legal
representation, or by a person who has a defect in his/her power of attorney, any of
which is necessary for initiating a design-related procedure, shall take effect
retroactively when relevant acts have been done, if the right party or legal
representative, as subsequently amended, ratifies the procedure.
Article 10 (Non-Extinguishment of Power of Attorney)
A power of attorney granted to an agent by a person who initiates a design-related
procedure shall survive even when any of the following grounds arises:
1. The principal dies or loses legal capacity;
2. The principal disappears as a consequence of a merger, if the principal is a
corporation;
법제처 3 국가법령정보센터
「DESIGN PROTECTION ACT」
3. The principal’s duty as a trustee is terminated;
4. The legal representative dies or loses legal capacity;
5. The legal representative’s power of attorney is terminated or changed.
Article 11 (Independence of Representation)
If a person who initiates a design-related procedure is represented by at least two
agents, each of the agents shall independently represent the principal before the
Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board.
Article 12 (Order to Appoint or Replace Agent, etc.) (1) If the Commissioner of the
Korean Intellectual Property Office or a presiding administrative patent judge
appointed under Article 132 (hereinafter referred to as “chief administrative patent
judge”) finds that a person who initiates a design-related procedure is unable to
properly perform the procedure or to make oral arguments in oral hearings or is
incompetent to initiate the procedure on any other ground, he/she may issue an order
to appoint an agent who shall initiate the procedure on behalf of the person.
(2) If the Commissioner of the Korean Intellectual Property Office or a chief
administrative patent judge finds that an agent who initiates a design-related
procedure is unable to properly perform the procedure or to make oral arguments in
oral hearings or is incompetent to initiate the procedure on any other ground, he/she
may issue an order to replace the agent with another person.
(3) In cases falling under paragraph (1) or (2), the Commissioner of the Korean
Intellectual Property Office or a chief administrative patent judge may order a patent
attorney to represent the person.
(4) When the Commissioner of the Korean Intellectual Property Office or a chief
administrative patent judge issues an order to appoint or replace an agent under
paragraph (1) or (2), he/she may completely or partially invalidate the design-
related procedure initiated by the person under paragraph (1) or the agent under
paragraph (2) before the Commissioner of the Korean Intellectual Property Office or
the President of the Intellectual Property Trial and Appeal Board, upon receipt of a
request from the person who performs the design-related procedure.
법제처 4 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 13 (Representation of Multi-Party) (1) Where at least two persons jointly
follow a design-related procedure, each of them shall represent the others, except
for any of the following acts: Provided, That if such persons appoint a person as their
representative and report to the Commissioner of the Korean Intellectual Property
Office or the President of the Intellectual Property Trial and Appeal Board on the
appointment, the representative shall represent the others:
1. Abandonment or withdrawal of an application for design registration;
2. Withdrawal of an application;
3. Withdrawal of a petition;
4. Requests for the publication of an application under Article 52;
5. Petitions for an administrative patent trial under Article 119 or 120.
(2) When a report is filed under the proviso to paragraph (1), the appointment of
the representative shall be evidenced in writing.
Article 14 (Application Mutatis Mutandis of the Civil Procedure Act)
Except as otherwise expressly provided for 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.
Article 15 (Jurisdiction over Non-Residents)
If an non-resident has already appointed a design administrator for his/her design
right or any right to a design, the domicile or place of business of the design
administrator shall be deemed the place where the property referred to in Article 11
of the Civil Procedure Act is situated, whereas the seat of the Korean Intellectual
Property Office shall be deemed the place where such property is situated, if an
non-resident has not appointed design administrator.
Article 16 (Calculation of Period)Periods provided for in this Act or an order issued
pursuant to this Act shall be determined as follows:
1. The first day of a period shall not be counted: Provided, That the foregoing shall
not apply where a period starts at midnight;
2. If a period is expressed in months or years, it shall be counted according to the
calendar;
3. If a period does not start on the first day of a month or year, the period shall
expire on the day immediately preceding the date corresponding to the start date of
법제처 5 국가법령정보센터
「DESIGN PROTECTION ACT」
the period in the last month or year: Provided, That if a period is counted in months
or years but there is no corresponding day in the last month, the period shall expire
on the last day of the month;
4. If the last day of a period for a design-related procedure falls on a Saturday or
public holiday (including the Workers' Day under the Designation of Workers' Day
Act), the period shall expire on the day immediately following that Saturday or
public holiday.
Article 17 (Extensions of Period, etc.) (1) The Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board may, upon request or ex officio, extend a period for amending grounds,
etc. in filing a written opposition to registration of a partially-examined design under
Article 69 or a period for filing a petition for an administrative patent trial under
Article 119 or 120 only once, by up to 30 days: Provided, That the number of
extensions and the period of an extension may be additionally increased or extended
for a person from a remote and hard-to-access area, as prescribed by Ordinance of
the Ministry of Trade, Industry and Energy.
(2) When the Commissioner of the Korean Intellectual Property Office, the
President of the Intellectual Property Trial and Appeal Board, a chief administrative
patent judge, or an examiner defined under Article 58 (hereinafter referred to as
“examiner”) specifies a period for a design-related procedure under this Act,
he/she may, upon request, reduce or extend the period or may, ex officio, extend the
period. In such cases, the Commissioner of the Korean Intellectual Property Office or
other competent authority shall ensure that no parties involved in the procedure shall
be unfairly undermined when he/she makes a decision on whether to reduce or
extend a period.
(3) When a chief administrative patent judge or an examiner specifies a deadline for
a design-related procedure under this Act, he/she may change the deadline, upon
request or ex officio.
Article 18 (Invalidation of Procedures) (1) If a person ordered to amend a design-
related procedure under Article 47 fails to amend the procedure within the specified
period, the Commissioner of the Korean Intellectual Property Office or the President
of the Intellectual Property Trial and Appeal Board may invalidate the procedure.
법제처 6 국가법령정보센터
「DESIGN PROTECTION ACT」
(2) If the Commissioner of the Korean Intellectual Property Office or the President
of the Intellectual Property Trial and Appeal Board invalidates a design-related
procedure under paragraph (1) but finds that the invalidation results from an event
or cause not attributable to the person ordered to amend the procedure, but fails to
amend it within the specified period, he/she may reinstate the invalidated procedure
within two months after the event or cause terminates, upon receipt of a request
from the person ordered to amend the procedure: Provided, That the foregoing shall
not apply where one year has passed since the end of the specified period.
(3) When the Commissioner of the Korean Intellectual Property Office or the
President of the Intellectual Property Trial and Appeal Board invalidates a procedure
under paragraph (1) or revokes the invalidated procedure under the body of
paragraph (2), he/she shall give notice of the disposition to the person ordered to
amend the procedure.
Article 19 (Subsequent Amendment of Procedures)
If a person who initiated a design-related procedure fails to complete the procedure
within any of the following periods due to an event or cause for beyond his/her
control, he/she may subsequently amend the procedure within two months after the
event or cause terminates: Provided, That the foregoing shall not apply where one
year has passed since the end of the specified period.<Amended by Act No. 14032, Feb.
29, 2016>
1. The period for filing a petition for an administrative patent trial under Article 119
or 120;
2. The period for filing a petition for an administrative patent retrial under Article
160.
Article 20 (Succession to Effects of Procedures)
The effect of a procedure followed with respect to a design right or other right
relating to a design shall be transferred to a successor to the design right or the
relevant right relating to the design.
Article 21 (Continuation of Procedures)
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 in
법제처 7 국가법령정보센터
「DESIGN PROTECTION ACT」
the Intellectual Property Tribunal, the Commissioner of the Korean Intellectual
Property Office or the chief administrative patent judge may allow the successor to
the design right or the relevant right relating to the design to continue the design-
related procedure.
Article 22 (Interruption of Procedure)
In any of the following cases, a design-related procedure pending in the Korean
Intellectual Property Office or the Intellectual Property Trial and Appeal Board shall
be suspended: Provided, That the foregoing shall not apply where an agent has been
authorized to continue the procedure:
1. If a party dies;
2. If a corporate party is extinguished following a merger;
3. If a party loses a capacity for following the procedure;
4. If a party’s legal representative dies or forfeits a power of attorney;
5. If the duty of a trustee entrusted by a party terminates;
6. If the representative under the proviso to Article 13 (1) dies or forfeits his/her
qualification;
7. If a bankruptcy trustee or a person who has intervened in the procedure for other
person in his/her name with a certain qualification forfeits the qualification or dies.
Article 23 (Taking-Over of Suspended Procedures)
If a procedure pending in the Korean Intellectual Property Office or in the Intellectual
Property Trial and Appeal Board is suspended under Article 22, any of the following
persons shall take over the procedure:
1. In cases falling under subparagraph 1 of Article 22: The heir, the administrator of
the inherited estate, or a person authorized to resume the procedure under any
Act: Provided, That no heir may take over the procedure while an heir can
renounce inheritance;
2. In cases falling under subparagraph 2 of Article 22: The corporation incorporated
following a merger or the corporation surviving a merger;
3. In cases falling under subparagraph 3 or 4 of Article 22: The party whose
capacity to follow the procedure is reinstated or a person who becomes the legal
representative;
법제처 8 국가법령정보센터
「DESIGN PROTECTION ACT」
4. In cases falling under subparagraph 5 of Article 22: The new representative;
5. In cases falling under subparagraph 6 of Article 22: The new representative or
either party;
6. In cases falling under subparagraph 7 of Article 22: An equally qualified person.
Article 24 (Applications for Succession) (1) Succession of a procedure suspended
under Article 22 may be applied for by a person specified in any subparagraph of
Article 23. In such cases, the other party may request the Commissioner of the
Korean Intellectual Property Office or a administrative patent judge under Article
130 (hereinafter referred to as “administrative patent judge”) to order the person
specified in any subparagraph of Article 23 to file an application for succession.
(2) Upon receipt of an application for the succession of a suspended procedure
under Article 22, the Commissioner of the Korean Intellectual Property Office or the
chief administrative patent judge shall notify the other party thereof.
(3) If the Commissioner of the Korean Intellectual Property Office or a
administrative patent judge finds, in investigations he/she conducts ex officio, that an
application filed for the succession of a suspended procedure under Article 22 is
groundless, he/she shall determine the application dismissed.
(4) If a person specified in any subparagraph of 23 fails to succeed a suspended
procedure, the Commissioner of the Korean Intellectual Property Office or the
administrative patent judge shall order the person to resume the procedure within
the period he/she specifies ex officio.
(5) If a person ordered to succeed a procedure under paragraph (4) fails to succeed
the procedure within a period specified under the aforesaid paragraph, the procedure
shall be deemed resumed on the day immediately after the end of the period.
(6) Where a procedure is deemed succeeded under paragraph (5), the
Commissioner of the Korean Intellectual Property Office or the chief administrative
patent judge shall notify the parties thereof.
Article 25 (Abeyance of Proceeding) (1) If the Commissioner of the Korean
Intellectual Property Office or a administrative patent judge is unable to perform any
of his/her duties due to a natural disaster or other event or cause beyond his/her
control, the procedure pending in the Korean Intellectual Property Office or the
Intellectual Property Trial and Appeal Board shall be adjourned until such event or
법제처 9 국가법령정보센터
「DESIGN PROTECTION ACT」
cause terminates.
(2) If either party is unable to resume a procedure pending in the Korean
Intellectual Property Office or the Intellectual Property Trial and Appeal Board due
to a disability, the Commissioner of the Korean Intellectual Property Office or the
competent administrative patent judge may determines to issue an order to suspend
the procedure until the disability is eliminated.
(3) The Commissioner of the Korean Intellectual Property Office or a administrative
patent judge may revoke a decision made under paragraph (2).
(4) When the Commissioner of the Korean Intellectual Property Office or a
presiding administrative patent judge adjourns a procedure under paragraph (1) or
(2) or revokes a decision under paragraph (3), he/she shall notify each party
thereof.
Article 26 (Effects of Interruption or Abeyance)
When a design-related procedure is interrupted or falls into abeyance, the running of
a term shall be suspended, and the entire term shall recommence from the time the
succession of the procedure is notified or when the procedure continues.
Article 27 (Foreigners’ Legal Capacity to Hold Rights)No non-resident foreigner shall
enjoy a design right or other right relating to a design, except in any of the following
cases:
1. Where the foreigner’s country allows nationals of the Republic of Korea to enjoy
a design right or other right relating to a design under the same terms and
conditions as those applicable to the nationals of the country;
2. Where the foreigner’s country allows nationals of the Republic of Korea to enjoy
a design right or other right relating to a design under the same terms and
conditions as those applicable to the nationals of the country, if the Republic of
Korea allows the foreigner to enjoy a design right or other right relating to a
design;
3. Where the foreigner is allowed to enjoy a design right or other right relating to a
design under a treaty or any arrangement equivalent to a treaty (hereinafter
referred to as "treaty").
법제처 10 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 28 (Effective Dates of Submitted Documents) (1) An application, petition, or
other document (including articles; hereafter the same shall apply in this Article)
filed with the Commissioner of the Korean Intellectual Property Office or the
President of the Intellectual Property Trial and Appeal Board under this Act or in
accordance with an order issued under this Act, shall take effect on the date it
arrives at the Commissioner of the Korean Intellectual Property Office or the
President of the Intellectual Property Trial and Appeal Board.
(2) An application, petition, or other document falling under paragraph (1), if filed
with the Commissioner of the Korean Intellectual Property Office or the President of
the Intellectual Property Trial and Appeal Board by mail, shall be deemed delivered
to the Commissioner of the Korean Intellectual Property Office or the President of
the Intellectual Property Trial and Appeal Board on the date specified in either of the
following subparagraphs: Provided, That documents for applying for registration of a
design right or other right relating to a design shall take effect on the date they are
delivered to the Commissioner of the Korean Intellectual Property Office or the
President of the Intellectual Property Trial and Appeal Board, if filed by mail:
1. If the date stamped on the postal article by postal authorities is clear: The date
stamped thereon;
2. If the date stamped on the postal article by postal authorities is unclear: The date
evidenced by the receipt of the postal article.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters
necessary for the submission of documents where the delivery of a postal article is
delayed, a postal article is lost, or postal services are suspended, shall be prescribed
by Ordinance of the Ministry of Trade, Industry and Energy.
Article 29 (Notation of Identification Numbers) (1) A person who initiates a design-
related procedure shall apply for allocation of an identification number to the
Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Appeal Board, as prescribed by Ordinance of the Ministry of
Trade, Industry and Energy.
(2) Upon receipt of an application under paragraph (1), the Commissioner of the
Korean Intellectual Property Office or the President of the Intellectual Property Trial
and Appeal Board shall allocate an identification number to the applicant and notify
법제처 11 국가법령정보센터
「DESIGN PROTECTION ACT」
the applicant thereof.
(3) The Commissioner of the Korean Intellectual Property Office or the President of
the Intellectual Property Trial and Appeal Board shall allocate an identification
number to a person who fails to apply for an identification number under paragraph
(1) and shall notify the person thereof.
(4) A person who is allocated an identification number under paragraph (2) or (3)
shall note the identification number in documents specified by Ordinance of the
Ministry of Trade, Industry and Energy, when he/she follows a design-related
procedure. In such cases, the notation of his/her domicile (or the place of business, if
such person is a corporation) in such documents may be omitted, notwithstanding the
provisions of this Act or any order issued under this Act.
(5) Paragraphs (1) through (4) shall apply to an agent for a person who follows a
design-related procedure.
(6) Matters necessary for applications for allocating identification numbers and the
allocation and notification of identification numbers, and other matters necessary for
identification numbers shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
Article 30 (Conduct of Design-Related Procedures by Electronic Documents) (1) A
person who initiates a design-related procedure may convert an application for
design registration and other documents, which he/she intends to submit to the
Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board in accordance with this Act, into
electronic form by a method prescribed by Ordinance of the Ministry of Trade,
Industry and Energy and submit them via an information and communications
network or may submit them as stored in an electronic recording medium, such as a
portable storage device or optical disk.
(2) Electronic documents submitted under paragraph (1) shall be as valid as paper
documents submitted under this Act.
(3) An electronic document submitted via an information and communications
network under paragraph (1) shall be deemed received with the contents recorded in
a file stored in the electronic information processing system the Korean Intellectual
Property Office or the Intellectual Property Trial and Appeal Board uses for the
법제처 12 국가법령정보센터
「DESIGN PROTECTION ACT」
receipt of documents, as at the time the person who submits the document can
confirm the filing number via the information and communications network.
(4) The kinds of documents that can be submitted in electronic from under
paragraph (1), the method of submission, and other matters necessary for the
submission of documents in electronic form shall be prescribed by Ordinance of the
Ministry of Trade, Industry and Energy.
Article 31 (Reporting on Use of Electronic Documents and Digital Signature) (1) A
person who intends to follow a design-related procedure shall file a report on the
use of electronic documents with the Commissioner of the Korean Intellectual
Property Office or the President of the Intellectual Property Trial and Appeal Board
and shall affix his/her digital signature on electronic documents submitted to the
Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board to ensure identification of the person
who submits the document.
(2) An electronic document submitted under Article 30 shall be deemed submitted
by a person whose digital signature under paragraph (1) is affixed thereto.
(3) Matters necessary for the procedure for reporting the use of electronic
documents under paragraph (1), the method of affixing digital signatures, etc. shall
be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
Article 32 (Notification, etc. via Information and Communications Networks) (1) If the
Commissioner of the Korean Intellectual Property Office, the President of the
Intellectual Property Trial and Appeal Board, a chief administrative patent judge, an
administrative patent judge, a chief examiner appointed under Article 70 (3)
(hereinafter referred to as “chief examiner”), or an examiner intends to give
written notice to, or serve a document (hereinafter referred to as “notification or
service of documents”) on, a person who has filed a report on the use of electronic
documents in accordance with Article 31 (1), he/may use an information and
communications network.
(2) The notification or service of documents via an information and communications
network under paragraph (1) shall be as valid as notification or service in writing.
(3) The notification or service of a document shall be deemed delivered with the
contents recorded in a file stored in the electronic information processing system the
법제처 13 국가법령정보센터
「DESIGN PROTECTION ACT」
Korean Intellectual Property Office or the Intellectual Property Trial and Appeal
Board uses for dispatching as at the time the person to whom such notification or
service is addressed finds the document via the electronic information processing
system used by the person.
(4) Matters necessary for the kinds and methods of notification and service via an
electronic information processing system under paragraph (1) shall be prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
CHAPTER II REQUIREMENTS AND APPLICATION FOR DESIGN REGISTRATION
Article 33 (Requirements for Design Registration) (1) A design usable for an industrial
purpose is eligible for design registration, except:
1. A design publicly known or worked in the Republic of Korea or a foreign country
before an application for design registration is filed;
2. A design described in a printed publication distributed in the Republic of Korea or
a foreign country or made available for public use via telecommunications lines
before an application for design registration is filed;
3. A design similar to any of the designs specified in subparagraph 1 or 2.
(2) Notwithstanding the provisions of paragraph (1), no design (excluding a design
specified in paragraph (1)) that could have been easily created by a person who has
ordinary skill in the art to which the design pertains by applying any of the following
methods before an application for design registration is filed, shall be eligible for
design registration:
1. A design specified in paragraph (1) 1 or 2 or a combination of such designs;
2. A shape, pattern, or color, or a combination thereof, widely known in the Republic
of Korea or in a foreign country.
(3) Notwithstanding the provisions of paragraph (1), a design for which an
application for design registration is filed is ineligible for design registration, if the
design is identical or similar to a part of a design claimed in another application for
design registration (limited to an application filed before the date on which the
relevant application for design registration is filed), published in the Design Gazette
under Article 52, 56, or 90 (3) after the application for registration of the relevant
design was filed, or expressed in a drawing, a photograph, or a specimen
법제처 14 국가법령정보센터
「DESIGN PROTECTION ACT」
accompanying such application: Provided, That the foregoing shall not apply where
the applicant for registration of the relevant design and the applicant for registration
of another design are one and the same person.
Article 34 (Unregistrable Designs)Notwithstanding the provisions of Article 33, none of
the following designs is eligible for design registration:
1. A design identical or similar to the national flag or emblem, a military flag, a
decoration, an order of merit, or a badge of the Republic of Korea, a medal of any
public institution, the national flag or emblem of a foreign country, or the wording
or mark of an international organization;
2. A design, the meaning or any content of which offends general morality and good
customs of ordinary people, or is likely to disturb public order;
3. A design mistakable as related to an article associated with any other person's
business;
4. A design made only in a shape essential for a function of the relevant article.
Article 35 (Related Designs) (1) Notwithstanding the provisions of Articles 33 (1) and
46 (1) and (2), the owner of a design right or the applicant for design registration
may have designs similar only to his/her registered design or the design claimed in
the application pending for design registration (hereinafter referred to as “principle
design”) registered as related designs (hereinafter referred to as “related
designs”), only if he/she files an application for registration of such related designs
within one year from the filing date of the application for registration of the principle
design.
(2) No design similar only to a related design registered or applied for registration
under paragraph (1) is eligible for design registration.
(3) If an exclusive license provided for in Article 97 (hereinafter referred to as
“exclusive license”) has been granted for the design right to a principle design, no
related design for the principle design is eligible for design registration,
notwithstanding the provisions of paragraph (1).
Article 36 (Exception to Lack of Novelty) (1) If a design of the person who has the
right to register the design falls under Article 33 (1) 1 or 2 on a certain date, it shall
be deemed that the design does not fall under paragraph (1) 1 or 2 of the aforesaid
법제처 15 국가법령정보센터
「DESIGN PROTECTION ACT」
Article in applying paragraph (1) 1 or 2 of the aforesaid Article to the design claimed
in an application filed by him/her for design registration within six months from the
date: Provided, That the foregoing shall not apply to a design of which an application
or a registration is published in the Republic of Korea or in a foreign country under a
treaty or an Act.
(2) In any of the following cases, a person who intends seek the benefit of the main
sentence of paragraph (1) shall submit a document stating his/her intention to the
Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board, along with documents evidencing
his/her eligibility:
1. When a person files an application for design registration under Article 37. In
such cases, documents evidencing relevant facts shall be submitted within 30 days
from the filing date of the application for design registration;
2. When a person submits a written opinion on the notice of the ground for rejection
under Article 63 (1);
3. When a person submits a written reply to a written opposition to registration of a
partially-examined design under Article 68 (3);
4. When a person submits a written reply to a petition for an administrative patent
trial under Article 134 (1) (limited to an administrative patent trial on the
invalidation of registration of a design).
Article 37 (Applications for Design Registration) (1) A person who intends to register
a design shall file an application for design registration, stating the following matters,
with the Commissioner of the Korean Intellectual Property Office: <Amended by Act
No. 11962, Jul. 30, 2013>
1. The name and domicile of the applicant for design registration (or the name and
place of business, if the applicant is a corporation);
2. The name and domicile or place of business of the agent, if the applicant for
design registration is represented by an agent [the name and the place of business
of the patent firm or the patent firm (limited liability), and the name of the patent
attorney in charge, if the agent is a patent firm or a patent firm (limited liability)];
3. The product or the category of products in relation to which the design is to be
used under Article 40 (2) (hereinafter referred to as “category of products”);
법제처 16 국가법령정보센터
「DESIGN PROTECTION ACT」
4. Whether the application is filed to register an independent design or to register a
related design (hereafter referred to as “application for registration of a related
design”);
5. The design registration number or the design registration application number of
the principle design (applicable only where it is intended to register related designs
under Article 35 (1));
6. The name and domicile of the creator of the design;
7. Whether an application is filed for registration of multiple designs under Article
41;
8. The number of designs and the serial number of each design (applicable only to
applications for registration of multiple designs under Article 41);
9. Matters specified in Article 51 (3) (applicable only where priority is claimed).
(2) An application for design registration referred to in paragraph (1) shall be
accompanied by a drawing depicting the following matters with respect to each
design:
1. The product or the category of products in relation to which the design is to be
used;
2. A description of the design and the features of the creation;
3. The serial number of each design (applicable to applications for registration of
multiple designs under Article 41).
(3) An applicant for design registration may submit a photograph or specimen of the
design in lieu of the drawing under paragraph (2).
(4) Designs eligible for an application for registration of a partially-examined
design shall be limited to those for products specified by Ordinance of the Ministry of
Trade, Industry and Energy, among the categories of products. In such cases,
applications for design registration for eligible products shall be limited to those
subject to registration of a partially-examined design.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4),
matters necessary for filing applications for design registration shall be prescribed
by Ordinance of the Ministry of Trade, Industry and Energy.
Article 38 (Determination of Filing Date of Application for Design Registration, etc.) (1)
The date on which an application for design registration is delivered to the
법제처 17 국가법령정보센터
「DESIGN PROTECTION ACT」
Commissioner of the Korean Intellectual Property Office shall be deemed the filing
date of the application for design registration: Provided, That the foregoing shall not
apply:
1. Where an application for design registration unclearly indicates an intention to
register a design;
2. Where the name or title of the applicant for design registration is omitted or
unclearly stated in an application for design registration and thus the applicant for
design registration is unidentifiable;
3. Where no drawing, photograph, or specimen has been submitted, or a depiction in
a drawing is neither clear nor readable;
4. Where an application for design registration is not written in Korean language.
(2) If an application for design registration falls under any subparagraph of
paragraph (1), the Commissioner of the Korean Intellectual Property Office shall
order the person who intends to have the design registered to amend the application
within a reasonably specified period.
(3) Upon receipt of an order to amend under paragraph (2), a person who intends to
amend an application for design registration shall submit a document concerning the
amendment of procedure (hereafter referred to as “written amendment of
procedure” in this Article).
(4) If a person ordered to amend under paragraph (2) amends the relevant
application for design registration within the specified period, the Commissioner of
the Korean Intellectual Property Office shall deem that the application is filed on the
date the written amendment of procedure is delivered to the Commissioner of the
Korean Intellectual Property Office: Provided, That, if it is required to amend only
some designs claimed in an application filed for multiple designs registration under
Article 41, the date on which the written amendment of procedure for such designs is
delivered to the Commissioner of the Korean Intellectual Property Office shall be
deemed the filing date of the application for registration of all multiple designs.
(5) If a person who has been ordered to make an amendment under paragraph (2)
fails to make the amendment within the specified period, the Commissioner of the
Korean Intellectual Property Office may reject the application for design registration,
deeming it illegitimate. The foregoing shall also apply where a person fails to amend
some designs, among designs claimed in an application for multiple designs
법제처 18 국가법령정보센터
「DESIGN PROTECTION ACT」
registration under Article 41.
Article 39 (Joint Applications)
If a right to have a design registered is jointly owned under Article 3 (2), all co-
owners shall jointly file an application for design registration.
Article 40 (Doctrine of One-Design for One-Registration Application) (1) An
application for design registration shall be filed for each design.
(2) A person who intends to file an application for design registration shall follow
the classification of products prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
Article 41 (Multiple Designs Application)Notwithstanding the provisions of Article 40
(1), a person who intends to file an application for design registration may file one
application for registration of not exceeding 100 designs for products classified into
the same category (hereinafter referred to as “application for registration of
multiple designs”) according to the classification of products prescribed by
Ordinance of the Ministry of Trade, Industry and Energy. In such cases, each design
shall be separately represented.
Article 42 (Design for a Set of Articles) (1) Where at least two articles are used
together as a set of articles, a design for the set of products may be registered as
one design, if the design for the set of articles is unitary.
(2) The classification of a set of products under paragraph (1) shall be prescribed
by Ordinance of the Ministry of Trade, Industry and Energy.
Article 43 (Secret Designs) (1) An applicant for design registration may request that
the design be kept secret for a prescribed period of up to three years from the date
of registration for establishment of the design right. It may be also requested to keep
confidential all or some of designs claimed in an application for multiple designs
registration.
(2) An applicant for design registration may make a request under paragraph (1)
during a period between the filing date of the application for design registration and
the date on which he/she pays the initial design registration fee: Provided, That such
request may be made by the time the Commissioner of the Korean Intellectual
법제처 19 국가법령정보센터
「DESIGN PROTECTION ACT」
Property Office registers the establishment of the design right under any
subparagraph of Article 90 (2), if an applicant is exempted from the registration fee
under Article 86 (1) 1 or 2.
(3) An applicant for design registration or the owner of a design right may request a
reduction or extension of the period designated by him/her under paragraph (1). In
such cases, the period as extended shall not exceed three years from the date of
registration for establishment of the design right.
(4) In any of the following cases, the Commissioner of the Korean Intellectual
Property Office shall accept a request to permit a person to inspect a secret design:
1. Where a person with consent from the relevant design right-holder makes a
request to permit an inspection;
2. Where a party to an examination, petition to object to registration of a partially-
examined design, administrative patent trial or retrial, or lawsuit on a design
identical or similar to a secret design or an intervenor in any of such proceedings
makes a request to permit an inspection;
3. Where a person who presents prima facie evidence for the fact that he/she has
been warned of infringement on a design right;
4. Where a court or the Intellectual Property Trial and Appeal Board makes a
request to permit an inspection.
(5) No person who inspects a secret design under paragraph (4) shall retain
information about the design by photographing or photocopying it without permission
nor divulge the information known to him/her.
(6) If a request to publish an application under Article 52 is filed, a request under
paragraph (1) shall be deemed withdrawn.
Article 44 (Applications Filed by Unentitled Person for Design Registration and
Protection of Legitimate Right Holders)
If a trial decision made to reject an application filed by a person who is neither the
creator of a design nor a legitimate successor to a right to have a design registered
(hereinafter referred to as “ineligible person”) for registration of a design
becomes final and conclusive on the ground provided for in Article 62 (1) 1, the
application filed by the legitimate right-holder for registration of the design after the
application for registration of the design is filed by the unentitled person shall be
법제처 20 국가법령정보센터
「DESIGN PROTECTION ACT」
deemed filed at the time the unentitled person filed the application for design
registration: Provided, That the foregoing shall not apply where the legitimate right-
holder files an application for design registration after 30 days from the date the trial
decision to reject the application for design registration becomes final and
conclusive.
Article 45 (Design Registration by Unentitled Persons and Protection of Legitimate Right
Holders)
If a ruling to revoke registration of, or invalidation trial of a design becomes final and
conclusive on the ground that the registrant is unentitled, the application filed by the
legitimate right-holder for registration of the design subsequent to the application
filed by the person unentitled to design registration shall be deemed filed at the time
the application for the revoked or invalidated registration of the design was filed:
Provided, That the foregoing shall not apply where the legitimate right-holder files
an application for design registration after 30 days from the date the ruling to revoke
registration or invalidation trial becomes final and conclusive.
Article 46 (Earlier Application) (1) If at least two applications are filed on different
dates for registration of an identical or similar design, only the first applicant to file
an application may have his/her design registered.
(2) If at least two applications are filed on the same date for registration of an
identical or similar design, only one applicant selected by the applicants for design
registration by agreement among them may have his/her design registered. If the
applicants for design registration fail to reach agreement or it is impracticable for
them to reach agreement, none of the applicants’ designs may be registered.
(3) If an application for design registration is invalidated, withdrawn, or abandoned
or if a trial decision to reject an application for design registration under Article 62
becomes final and conclusive, the application for design registration shall be deemed
never filed, for the purpose of applying paragraph (1) or (2): Provided, That the
foregoing shall not apply in cases falling under the latter part of paragraph (2) and
the trial decision to reject an application for design registration under Article 62
becomes final and conclusive.
(4) An application filed by a person unentitled to design registration shall be deemed
never filed, for the purpose of applying paragraph (1) or (2).
법제처 21 국가법령정보센터
「DESIGN PROTECTION ACT」
(5) In cases falling under paragraph (2), the Commissioner of the Korean
Intellectual Property Office shall order the applicant to report, to him/her, on the
results of their agreement within a specified period, and it shall be deemed that the
applicants fail to reach agreement under paragraph (2), if they fail to report the
results thereof within the period.
Article 47 (Amendment of Procedures)
The Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board shall order a person who initiates a
design-related procedure to amend the procedure within a specified period if:
1. The person violates Article 4 (1) or 7;
2. The person omits any formality specified by this Act or by an order issued under
this Act;
3. The person fails to pay a fee payable under Article 85.
Article 48 (Amendment of Applications and Change of Gist) (1) An applicant for
design registration may amend any description of the application for design
registration, any drawing accompanying the application, any description in a drawing,
or any photograph or specimen to the extent that the gist of the initial application for
design registration remains unchanged.
(2) An applicant for design registration may amend an application for registration of
related designs to applications for registration of an independent design or vice
versa.
(3) An applicant for design registration may amend an application for registration of
a partially-examined design to an application for registration of an examined design
or vice versa.
(4) Amendments referred to in paragraphs (1) through (3) may be made at the time
specified in the following:
1. Before notice given a determination to reject an application for design registration
under Article 62 or a decision to accept the registration of a design under Article
65 (hereinafter referred to as “determination on whether to accept design
registration”) is served;
2. When a petition for re-examination under Article 64 is filed;
법제처 22 국가법령정보센터
「DESIGN PROTECTION ACT」
3. Within 30 days from the filing date of a petition for an administrative patent trial
on a determination to reject an application for design registration under Article
120.
(5) If an amendment made under paragraphs (1) through (3) is found, after the
establishment of the relevant design right was registered, as a modification to the
gist of the initial application for design registration, the application for design
registration shall be deemed filed as at the time the amendment was filed.
Article 49 (Dismissal of Amendments) (1) If an amendment filed pursuant to Article
48 is found to change the gist of the relevant application for design registration, the
examiner shall determine the amendment dismissed.
(2) If an examiner determines an application for registration of a design dismissed
under paragraph (1), he/she shall not determine whether to accept the registration of
the design (referring to some of designs, if a determination to dismiss an application
with regard to some designs claimed in an application filed for multiple designs
registration) as claimed in the application until before the lapse of 30 days from the
date a certified copy of the determination is served on the applicant for design
registration.
(3) If an applicant for design registration files a petition for an administrative patent
trial in accordance with Article 119 on a determination to dismiss the relevant
application under paragraph (1), the examiner shall suspend the examination of the
application for registration of the design (referring to some designs, if a petition is
filed against a determination to dismiss an application with regard to some designs
claimed in an application filed for registration of multiple designs) until a trial
decision becomes final and conclusive.
(4) A determination to dismiss an application under paragraph (1) shall be made in
writing and shall state the grounds therefor.
Article 50 (Division of Applications) (1) Any of the following persons may divide an
application filed for design registration into at least one new application for design
registration and may file the applications additionally:
1. A person who has filed one application for registration of at least two designs in
violation of Article 40;
법제처 23 국가법령정보센터
「DESIGN PROTECTION ACT」
2. A person who has filed an application for registration of multiple designs.
(2) An application for design registration that is divided under paragraph (1)
(hereinafter referred to as “divisional application”) shall be deemed filed at the
time the initial application for design registration was filed: Provided, That the
foregoing shall not apply where Article 36 (2) 1 or 51 (3) or (4) shall apply.
(3) The division of an application for design registration under paragraph (1) is
permissible during a period in which amendments under Article 48 (4) are allowed.
Article 51 (Priority Claim under Treaty) (1) For the purpose of applying Article 33 or
46 to cases where a national of a member State to a treaty that recognizes the
priority of a national of the Republic of Korea in filing an application for design
registration files an application for registration of a design in the Republic of Korea
after filing an application for registration of an identical design in the member State
or another member State and claims priority, the date an application for design
registration is filed in the member State or another member State shall be deemed
the date another application for design registration is filed in the Republic of Korea.
The foregoing shall also apply where a national of the Republic of Korea files an
application for registration of a design in the Republic of Korea after filing an
application for registration of an identical design in a member State to a treaty that
recognizes the priority of a national of the Republic of Korea in filing an application
for design registration.
(2) No person who intends to claim priority under paragraph (1) shall claim the
priority, unless he/she files an application for design registration within six months
from the filing date of the initial application on which the priority claim shall be
based.
(3) A person who intends to claim priority under paragraph (1) shall state his/her
intention, the name of the State in which the initial application was filed, the filing
date of the initial application filed for design registration.
(4) A person who claims priority under paragraph (3) shall submit a document
stating the filing date of the application for design registration, recognized by the
government of the State in which he/she filed an application first, and a certified copy
of the drawing of the design to the Commissioner of the Korean Intellectual Property
Office within three months.
법제처 24 국가법령정보센터
「DESIGN PROTECTION ACT」
(5) If a person who claims priority under paragraph (3) fails to submit documents
specified in the aforesaid paragraph within a period specified in paragraph (4), the
priority claim shall become invalid.
Article 52 (Publication of Applications) (1) An applicant for design registration may
make a request to publish his/her application, as prescribed by Ordinance of the
Ministry of Trade, Industry and Energy. In cases of an application for registration of
multiple designs, the applicant may make a request to publish all or some of the
designs claimed in the application.
(2) Upon receipt of a request to publish an application for design registration under
paragraph (1), the Commissioner of the Korean Intellectual Property Office shall
publish the application in the Design Gazette under Article 212 (hereinafter referred
to as the “Design Gazette”): Provided, That the Commissioner of the Korean
Intellectual Property Office may determine to keep an application for design
registration confidential, if the design claimed in the application falls under
subparagraph 2 of Article 34.
(3) No request to publish an application for design registration under paragraph (1)
may be filed after a certified copy of the determination on whether to accept the first
application filed for design registration prior to the relevant application for design
registration is delivered.
Article 53 (Effects of Publication of Applications) (1) An applicant for registration of a
design may warn, in writing, a person who commercially worked the design claimed
in the design application or any similar thereto, after the publication of the application
under Article 52, that the application for registration of the relevant design has been
filed.
(2) An applicant for a design registration may claim compensation, equivalent to the
amount he/she would usually charge for working the design or a similar design,
against a person who has commercially worked the design claimed in the application
or a similar design, after the person was warned thereof under paragraph (1) or
became aware of the publication of the application for the design registration under
Article 52, for a period from the time he/she was warned thereof or he/she became
aware of the publication of the application under Article 52 to the time when the
establishment of the relevant design right is registered.
법제처 25 국가법령정보센터
「DESIGN PROTECTION ACT」
(3) No right to claim compensation under paragraph (2) shall be exercised until
after the grant of a design right to the design claimed in the application for design
registration is registered.
(4) The exercise of the right to claim compensation under paragraph (2) shall not
affect the exercise of the relevant design right.
(5) Articles 114 and 118 of this Act and Articles 760 and 766 of the Civil Act shall
apply to the exercise of the right to claim compensation under paragraph (2). In such
cases, “the date on which the injured party or his/her legal representative becomes
aware of the damage or the identity of the wrongdoer” in Article 766 (1) of the Civil
Act shall be deemed “the date on which the grant of the relevant design right is
registered.”
(6) If any of the following cases occurs after the publication of the application under
Article 52, the right to claim compensation under paragraph (2) shall be deemed
never existed:
1. If the application for design registration is abandoned, invalidated, or withdrawn;
2. If a determination made under Article 62 to reject the application for design
registration becomes final and conclusive;
3. If a determination made under Article 73 (3) to revoke the registration of the
design becomes final and conclusive;
4. If an trial decision rendered under Article 121 at an administrative patent trial to
invalidate the registration of the design becomes final and conclusive (excluding
cases falling under Article 121 (1) 4).
Article 54 (Transfer, etc. of Right to Have Design Registered) (1) A right to have a
design registered is transferable: Provided, That a right to have a principle design
registered and a right to have related designs registered shall be transferred
together.
(2) A right to have a design registered shall not be subject to a pledge.
(3) If a right to have a design registered is owned jointly by at least two persons,
none of the co-owners may assign his/her share without consent thereto from the
rest of the co-owners.
Article 55 (Furnishing of Information)
법제처 26 국가법령정보센터
「DESIGN PROTECTION ACT」
Any person may inform the Commissioner of the Korean Intellectual Property Office
or the President of the Intellectual Property Trial and Appeal Board that a design
claimed in a pending application for design registration falls under any subparagraph
of Article 62 (1) and thus is ineligible for design registration, along with evidence.
Article 56 (Publication of Rejected Application on Design Gazette)
When a determination or a trial decision rendered under Article 62 to reject an
application for design registration pursuant to the latter part of Article 46 (2)
becomes final and conclusive, the Commissioner of the Korean Intellectual Property
Office shall publish the facts relevant to the application for design registration in the
Design Gazette: Provided, That publication may be omitted if the design claimed in an
application for design registration falls under subparagraph 2 of Article 34.
Article 57 (Succession to Right to Have Design Registered) (1) No person who
succeeds to a right to have a design registered before an application is filed for
registration of the design shall assert any claim or defense, based on the right,
against a third party, unless he/she files an application for registration of the design.
(2) If at least two persons have succeeded to a right to have a design registered
from the same person and at least two applications are filed for registration of the
design on the same date, succession shall take effect only with respect to the
applicant for registration of the design selected from among the applicants.
(3) If succession to a right to have a design registered arises after an application for
registration of the design is filed, the succession shall not take effect, unless a report
is filed to change the applicant of the design registration, except for conveyance by
inheritance or general succession.
(4) If a person succeeds to a right to have a design registered by inheritance or
general succession, the successor shall report to the Commissioner of the Korean
Intellectual Property Office on the details thereof without delay.
(5) If at least two persons have succeeded to a right to have a design registered
from the same person and at least two reports are filed on the change of the
applicant of design registration on the same date, such report shall take effect only
with respect to a person appointed from among the reporting persons.
(6) Article 46 (5) shall apply mutatis mutandis to cases falling under paragraph (2)
or (5).
법제처 27 국가법령정보센터
「DESIGN PROTECTION ACT」
CHAPTER III EXAMINATION
Article 58 (Examination by Examiners) (1) The Commissioner of the Korean
Intellectual Property Office shall have examiners examine applications for design
registration and objections to registration of partially-examined designs.
(2) Matters necessary for qualifications for examiners shall be prescribed by
Presidential Decree.
Article 59 (Designation of Specialized Organizations, etc.) (1) The Commissioner of
the Korean Intellectual Property Office may designate a specialized organization to
search prior designs and perform other business affairs specified by Presidential
Decree, if he or she deems it necessary for examination of applications for design
registration.
(2) The Commissioner of the Korean Intellectual Property Office may request
appropriate administrative agencies, organizations specializing in design, or persons
who have abundant knowledge and experience in design to cooperate with him/her in
examination or may seek their advice thereon, if he or she deems it necessary for
examination of applications for design registration. In such cases, the Commissioner
of the Korean Intellectual Property Office may reimburse them for expenses or pay
allowances within budgetary limits.
(3) Matters necessary for the criteria for the designation of specialized
organizations, requests to search prior designs, etc. under paragraph (1) shall be
prescribed by Presidential Decree.
Article 60 (Revocation of Designation of Specialized Organizations, etc.) (1) If a
specialized organization designated under Article 59 (1) falls under subparagraph 1,
the Commissioner of the Korean Intellectual Property Office shall revoke such
designation, or may revoke the designation of a specialized organization or order a
specialized organization to completely or partially suspend its business operation for
a specified period of up to six months, if the specialized organization falls under
subparagraph 2:
1. If a specialized organization obtains the designation by fraudulent or other illegal
means;
법제처 28 국가법령정보센터
「DESIGN PROTECTION ACT」
2. If a specialized organization fails to meet any of the criteria for designation under
Article 59 (3).
(2) If the Commissioner of the Korean Intellectual Property Office intends to revoke
the designation of a specialized organization under paragraph (1), he/she shall hold a
public hearing.
(3) Matters necessary for the detailed criteria and procedure for taking dispositions
under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
Article 61 (Accelerated Examination) (1) The Commissioner of the Korean Intellectual
Property Office may order an examiner to preferentially examine an application for
design registration first among other applications if:
1. Where it is found that any person, other than the applicant, is commercially
working the design claimed in the application for design registration after the
laying-open of the application under Article 52;
2. Where it is deemed necessary to urgently process an application for design
registration specified by Presidential Decree.
(2) When an application for registration of multiple designs is to be preferentially
examined under paragraph (1), the Commissioner of the Korean Intellectual Property
Office may order an examiner to preferentially examine only some designs that fall
under any subparagraph of paragraph (1).
Article 62 (Determinations to Reject Applications for Design Registration) (1) An
examiner shall determine to reject an application for design registration if:
1. The applicant is unentitled to have a design registered under the main sentence of
Article 3 (1) or is ineligible for design registration under the proviso to the
aforesaid paragraph;
2. The applicant is ineligible for design registration under any provision of Articles
27, 33 through 35, 37 (4), 39 through 42, and 46 (1) and (2);
3. The application contravenes a treaty.
(2) An examiner shall determine to reject an application for registration of a
partially-examined design if:
1. The applicant is unentitled to have a design registered under the main sentence of
Article 3 (1) or is ineligible for design registration under the proviso to the
법제처 29 국가법령정보센터
「DESIGN PROTECTION ACT」
aforesaid paragraph;
2. The applicant is ineligible for design registration under any provision of Articles
27, 33 (limited to the part above subparagraphs of paragraph (1) and paragraph (2)
2), 34, 37 (4), and 39 through 42;
3. The application contravenes a treaty.
(3) An examiner shall determine to reject an application for partially-examined
registration of a related design under Article 35, if the application falls under any
subparagraph of paragraph (2) or if:
1. The related design already registered or claimed in an application for design
registration is indicated as the principle design;
2. The design right to the principle design ceases to exist;
3. The application for registration of the principle design has been invalidated,
withdrawn, or abandoned, or a determination to reject the application for
registration of the principle design becomes final and conclusive;
4. The applicant for registration of the related design is neither the design right-
holder of the principle design nor the applicant for registration of the principle
design;
5. The related design is dissimilar to the principle design;
6. The application for registration of the related design is filed one year from the
date the application for registration of the principle design is filed;
7. The related design is ineligible for design registration under Article 35 (3).
(4) Notwithstanding the provisions of paragraph (2), an examiner may determine to
reject an application for registration of a partially-examined design, based on
information and evidence provided under Article 55.
(5) If a ground exists to reject only some of multiple designs when an examiner
intends to determine to reject an application for registration of multiple designs
under the provisions of paragraphs (1) through (3), the examiner may determine to
reject the application only with respect to such ineligible designs, among all multiple
designs.
Article 63 (Notification of Grounds for Rejection) (1) When an examiner intends to
determine to reject an application for design registration under Article 62, he/she
shall notify the applicant of the ground for rejection (referring to grounds specified in
법제처 30 국가법령정보센터
「DESIGN PROTECTION ACT」
any provision of Article 62 (1) through (3); hereinafter referred to as "ground for
rejection") and shall provide the applicant with an opportunity to submit a written
argument.
(2) If an examiner finds a ground to reject an application for registration of multiple
designs with respect to only some designs among them, he/she shall note the serial
number of each ineligible design, and detail products in relation to which each
ineligible design is to be used, and the ground for rejection.
Article 64 (Request for Re-Examination) (1) Upon receipt of a certified copy of a
determination to reject an application for design registration, the applicant for design
registration may amend the application in accordance with the provisions of Article
48 (1) through (3) and may request for re-examination of the application within 30
days (referring to the extended period, if a period under Article 120 is extended
pursuant to Article 17 (1)) from the date a certified copy of the determination is
delivered to him/her: Provided, That the foregoing shall not apply where a petition
for an administrative patent trial under Article 120 is filed.
(2) An applicant for design registration may submit a written argument, along with
the request for re-examination under paragraph (1).
(3) If a petition that meets the requirements under the main sentence of paragraph
(1) is filed for re-examination, a determination previously made to reject the
relevant application for design registration shall be deemed revoked.
(4) No request for re-examination under paragraph (1) may be withdrawn.
Article 65 (Determinations of Design Registration)
If an examiner finds no ground to reject an application for design registration, he/she
shall determines to accept the application for design registration. If the examiner
finds no ground to reject some designs among multiple designs claimed in an
application for registration of multiple designs, he/she shall determine to accept the
application for design registration with respect to such eligible designs.
Article 66 (Ex Officio Amendments) (1) If an examiner finds an obvious error in the
details of an application or drawing when he/she intends to determines to accept an
application for design registration, he/she may ex officio amend such error
(hereinafter referred to as “ex officio amendment”).
법제처 31 국가법령정보센터
「DESIGN PROTECTION ACT」
(2) When an examiner ex officio amends an error, he/she shall notify the applicant
for design registration of the ex officio amendment, along with a certified copy of a
determination served under Article 67 (2) to accept the application for design
registration.
(3) If an ex officio amendment is entirely or partially unacceptable, the applicant for
design registration shall submit a written argument on the ex officio amendment
before he/she pays a design registration fee in accordance with Article 79 (1).
(4) If an applicant for design registration submits a written argument in accordance
with paragraph (3), the relevant ex officio amendment shall be entirely or partially
deemed never made.
(5) If an ex officio amendment is entirely or partially deemed never made under
paragraph (4), the examiner shall revoke the determination to accept the application
for design registration and shall fully re-examine the application.
Article 67 (Method of Determining Whether to Accept Applications for Design
Registration) (1) A determination on whether to accept an application for design
registration shall be made in writing and shall state grounds therefor.
(2) When a determination is made to accept an application for design registration,
the Commissioner of the Korean Intellectual Property Office shall serve the applicant
with a certified copy of the determination.
Article 68 (Written Oppositions to Registration of Partially-Examined) (1) Any person
may file a written opposition to registration of a partially-examined design with the
Commissioner of the Korean Intellectual Property Office on any of the following
grounds during a period from the date the grant of the relevant design right is
registered until three months after the date the registration of a partially-examined
design is publicly announced. If a case involves the registration of designs claimed in
an application for registration of multiple designs, a written opposition to registration
of a partially-examined design shall be filed with respect to each design separately:
1. Where the registrant is unentitled to have the design registered under the main
sentence of Article 3 (1) or is ineligible for design registration under the proviso to
the aforesaid paragraph;
2. Where the registration contravenes Article 27, 33, 34, 35 (2) or (3), 39, or 46
(1) or (2);
법제처 32 국가법령정보센터
「DESIGN PROTECTION ACT」
3. Where the registration contravenes a treaty.
(2) A person who objects to registration of a partially-examined design
(hereinafter referred to as “opponent”) shall file a written opposition to
registration of a partially-examined design, describing the following matters, with
the Commissioner of the Korean Intellectual Property Office, along with necessary
evidence: <Amended by Act No. 11962, Jul. 30, 2013>
1. The name and domicile of the opponent (the name and place of business of the
petitioner for opposition, if the petitioner is a corporation);
2. The name and domicile or place of business of the agent, if the opponent is
represented by an agent [the name and the place of business of the patent firm or
the patent firm (limited liability), and the name of the patent attorney in charge, if
the agent is a patent firm or a patent firm (limited liability)];
3. The description of the registered design subject to the written opposition to
registration of a partially-examined design;
4. The purposes of the written opposition to registration of a partially-examined
design;
5. The grounds for the written opposition to registration of a partially-examined
design and the description of necessary evidence.
(3) Upon receipt of a written opposition to registration of a partially-examined
design, the chief examiner shall serve a copy of the written opposition to registration
of a partially-examined design on the design right-holder to the registered design
subject to written opposition to registration of a partially-examined design and shall
provider the design right-holder with an opportunity to submit a written reply within
a specified period.
(4) Article 121 (4) shall apply mutatis mutandis to written oppositions to registration
of a partially-examined design.
Article 69 (Amendments of Grounds, etc. for Written Oppositions to Registration of
Partially-Examined Design)
A written opposition may amend grounds described in the written opposition to
registration of a partially-examined design within 30 days from the filing date of the
petition.
법제처 33 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 70 (Panel of Examiners for Examination and Rulings) (1) A panel comprised of
three examiners shall examine and rule on a written opposition to registration of a
partially-examined design.
(2) The Commissioner of the Korean Intellectual Property Office shall select
examiners who shall comprise a panel of examiners for each written opposition to
registration of a partially-examined design.
(3) The Commissioner of the Korean Intellectual Property Office shall appoint one
of the examiners selected under paragraph (2) as the chief examiner.
(4) Articles 131 (2), 132 (2), and 133 (2) and (3) shall apply mutatis mutandis to a
panel of examiners and its chief examiner.
Article 71 (Ex Officio Examination in Examining Written Oppositions to Registration of
Partially-Examined Design) (1) In examining a written opposition to registration of
a partially-examined design, the grounds on which neither the design right-holder
nor the opponent fails to assert may be also examined. In such cases, the design
right-holder and the opponent shall be provided with opportunities to make
arguments thereon.
(2) In examining a written opposition to registration of a partially-examined design,
a registered design to which the opponent has not objected shall not be subject to
examination.
Article 72 (Integration or Separation of Written Oppositions to Partially-Examined
Design Registration)The panel of examiners may integrate at least two written
oppositions to registration of a partially-examined design or separate one written
opposition into at least two written oppositions to examine and rule on the written
oppositions jointly or separately.
Article 73 (Determination on Written Oppositions to Registration of Partially-Examined
Design) (1) A panel of patent examiners shall rule on a written opposition to
registration of a partially-examined design after the end of a period specified in
Article 68 (3) or 69.
(2) Notwithstanding the provisions of Article 68 (3), a chief examiner may render a
determination to dismiss, without prejudice, a written opposition to registration of a
partially-examined design after the end of a period specified in Article 69, if the
법제처 34 국가법령정보센터
「DESIGN PROTECTION ACT」
opponent fails to present the ground of the opposition and evidence in support
thereof.
(3) If a panel of examiners finds that a written opposition to registration of a
partially-examined design has a reasonable ground, it shall determine to revoke the
registration of the relevant design (hereinafter referred to as “determination to
revoke design registration”).
(4) If a determination to revoke design registration becomes final and conclusive,
the design right shall be deemed to have never existed.
(5) If a panel of examiners finds that a written opposition to registration of a
partially-examined design is groundless, it shall determine such written opposition
dismissed (hereinafter referred to as “determination to dismiss the written
opposition”).
(6) No appeal shall be made against a determination to dismiss, without prejudice or
on the merits, a written opposition to registration of a partially-examined design.
Article 74 (Method of Determining on Written Oppositions to Registration of Partially-
Examined Design) (1) A determination on a written opposition to registration of a
partially-examined design shall be made in writing, specifying the following matters,
and the examiners who so determines shall affix their signatures or seals thereto:
<Amended by Act No. 11962, Jul. 30, 2013>
1. The case number of the written opposition to registration of a partially-examined
design;
2. Names and domiciles of the owner of the relevant design right and the opponent
(the name and place of business of the corporation, if either party is a corporation);
3. Names and domiciles or the places of business of agents, if the owner of the
relevant design right and the opponent are represented by agents respectively [the
name and place of business of the patent firm or the patent firm (limited liability),
and the name of the patent attorney in charge, if an agent is a patent firm or a
patent firm (limited liability)];
4. A description of the design relevant to the determination;
5. The conclusion of, and the grounds for, the determination;
6. The date the determination is made.
법제처 35 국가법령정보센터
「DESIGN PROTECTION ACT」
(2) When a determination is made on a written opposition to registration of a
partially-examined design, the chief examiner shall serve the opponent and the
owner of the relevant design right, respectively, with a certified copy of such
determination.
Article 75 (Withdrawal of Written Oppositions to Registration of Partially-Examined
Design) (1) No written opposition to registration of a partially-examined design
may be withdrawn after the opponent is served with a notice to make arguments
under the latter part of Article 71 (1) or a certified copy of a determination made
under Article 74 (2).
(2) If a written opposition to registration of a partially-examined design is
withdrawn, the written opposition shall be deemed to have never existed.
Article 76 (Application Mutatis Mutandis of Rules on Trials to Examination)
The provisions of Article 135 (excluding subparagraph 6 thereof) shall apply mutatis
mutandis to the examination of applications for design registration. In such cases, the
term “trial” shall be construed as “examination”, and the term “judges” as
“examiners”.
Article 77 (Suspension of Examination or Litigation Proceedings) (1) If an examiner
deems it necessary for examination of an application for design registration, he/she
may suspend the process of examination until a trial decision becomes final and
conclusive or until legal proceedings are closed.
(2) If a court deems it necessary, it may suspend legal proceedings until a
determination made on an application for design registration becomes final and
conclusive.
(3) No appeal may be filed against the suspension under paragraph (1) or (2).
Article 78 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 77, 129, 135 (excluding subparagraph 6) 142 (7), 145,
153 (3) through (6), and 154 shall apply mutatis mutandis to the examination and
ruling on written oppositions to registration of partially-examined designs.
법제처 36 국가법령정보센터
「DESIGN PROTECTION ACT」
CHAPTER IV REGISTRATION FEES, DESIGN REGISTRATION, ETC.
Article 79 (Design Registration Fees) (1) A person granted a design right registered
under Article 90 (1) shall pay a design registration fee (hereinafter referred to as
“registration fee”) for three years from the date the grant of the right is
registered, and the owner of a design right shall pay a registration fee for one year
thereafter on or before each anniversary of the registration date of the grant of the
relevant right.
(2) Notwithstanding the provisions of paragraph (1), the owner of a design right
may pay registration fees for several or all subsequent years in a lump sum in the
order of the years for which the payment will become due consecutively.
(3) Registration fees referred to in paragraphs (1) and (2), the methods and terms
of payment of such fees, and other necessary matters shall be prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
Article 80 (Partial Abandonment of Designs at Time of Payment of Registration Fees)
(1) A person who obtains a determination to accept an application for registration of
multiple designs may partially abandon designs when he/she pays a registration fee.
(2) Matters necessary for the abandonment of designs under paragraph (1) shall be
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
Article 81 (Payment of Registration Fees by Interested Parties) (1) An interested party
may pay a registration fee, regardless of the intent of a person who is obliged to pay
the registration fee.
(2) An interested party who pays a registration fee pursuant to paragraph (1) may
claim reimbursement of the fee against the person who is obliged to pay it up to the
present benefits the person gains.
Article 82 (Late Payment of Registration Fees, etc.) (1) A person who seeks to
register grant of a design right or the owner of a design right may pay a registration
fee within six months (hereinafter referred to as “grace period for late payment”)
even after the due date specified in Article 79 (3) for the payment of the registration
fee.
(2) A person who pays a registration fee after the due date in accordance with
paragraph (1) shall pay the amount specified by Ordinance of the Ministry of Trade,
법제처 37 국가법령정보센터
「DESIGN PROTECTION ACT」
Industry and Energy, which shall not exceed double the registration fee that the
person was otherwise obliged to pay.
(3) If a person who seeks to register grant of a design right fails to pay the
registration fee within a grace period for late payment (referring to cases where an
underpaid registration fee is not fully paid within a grace period for the payment
thereof, if the period for the payment of the underpaid registration fee under Article
83 (2) has not elapsed even after the end of the grace period for late payment), the
application for design registration shall be deemed abandoned, and the design right
owned by the person shall be deemed extinguished retroactively on the day
immediately following the end of a period for which a registration fee was paid in
accordance with Article 79 (1) or (2).
Article 83 (Payment of Underpaid Registration Fees) (1) If a person who seeks to
register grant of a design right or the owner of a design right fail to fully pay a
registration fee within a period specified in Article 79 (3) or 82 (1), the
Commissioner of the Korean Intellectual Property Office shall order the person to
pay the underpaid registration fee.
(2) Upon receipt of an order to pay an underpaid registration fee under paragraph
(1), a person may pay the underpaid registration fee within one month from the date
on which he/she receives such order.
(3) A person who pays an underpaid registration fee in accordance with paragraph
(2) shall pay the amount specified by Ordinance of the Ministry of Trade, Industry
and Energy, which shall not exceed double the amount he/she was otherwise obliged
to pay.
Article 84 (Restoration, etc. of Applications for Design Registration and Design Right by
Late Payment of Registration Fees or Payment of Underpaid Registration Fees) (1)
If a person who seeks to register grant of a design right or the owner of a design
right fails to pay a registration fee within the grace period of late payment or an
underpaid registration fee within the payment deadline due to an event or a cause
beyond his/her control, he/she may pay the registration fee or the underpaid
registration fee within two months from the date on which such event or cause
terminates: Provided, That the foregoing shall not apply where one year has passed
since the end of the grade period of late payment or the end of the payment deadline
법제처 38 국가법령정보센터
「DESIGN PROTECTION ACT」
of an underpaid registration fee, whichever is later.
(2) Notwithstanding the provisions of Article 82 (3), if a person pays a registration
fee or an underpaid registration fee in accordance with paragraph (1), the relevant
application for design registration shall be deemed not abandoned, and the relevant
design right shall be deemed perpetual.
(3) If the owner of a design right fails to pay a registration fee within a grace period
of late payment or fails to pay an underpaid registration fee within a payment
deadline of the underpaid registration fee, and the design right-holder to the
relevant registered design is extinguished, the design right may pay twice the
registration fee within three months from the end of the grace period of late payment
or the end of the payment deadline of the underpaid registration fee to apply for the
restoration of the extinguished right. In such cases, the relevant design right shall be
deemed perpetual. <Amended by Act No. 13840, Jan. 27, 2016>
(4) The effects of an application for design registration or a design right under
paragraph (2) or (3) shall not extend to the working of the relevant design or design
similar thereto by another person during a period (hereinafter referred to as "period
of limited effects") from the date immediately after the end of a grace period of late
payment of the registration fee until the date the registration fee or underpaid
registration fee is fully paid.
(5) A person who commercially works, or prepares to commercially work, a design
claimed in an application for design registration or a registered design under
paragraph (2) or (3), or similar design, in good faith, within the Republic of Korea
during a period in which its validity is restricted, shall be granted a non-exclusive
license for the design that the person works or prepares to work within the scope of
business objectives.
(6) A person granted a non-exclusive license under paragraph (5) shall pay
reasonable consideration therefor to the owner or exclusive licensee of the relevant
design right.
Article 85 (Official Fees) (1) A person who initiates a design-related procedure shall
pay official fees.
(2) Official fees under paragraph (1), the methods and term of payment of the fees,
and other necessary matters shall be prescribed by Ordinance of the Ministry of
법제처 39 국가법령정보센터
「DESIGN PROTECTION ACT」
Trade, Industry and Energy.
Article 86 (Full or Partial Exemption from Registration Fees and other Official Fees) (1)
Notwithstanding Articles 79 and 85, the Commissioner of the Korean Intellectual
Property Office shall fully exempt registration fees and other official fees in the
following cases:
1. Registration fees and other official fees otherwise payable for an application for
registration of a design that belongs to the State or for a design right owned by the
State;
2. Official fees for a trial litigated by an examiner to seek invalidation under Article
121 (1).
(2) Notwithstanding the provisions of Articles 79 and 85, the Commissioner of the
Korean Intellectual Property Office may fully or partially exempt a person eligible for
medical care assistance under the National Basic Living Security Act or a person
specified by Ordinance of the Ministry of Trade, Industry and Energy from
registration fees and other official fees specified by Ordinance of the Ministry of
Trade, Industry and Energy for an application filed by the person for design
registration or a design right arising from an application filed by the person for
design registration. <Amended by Act No. 12288, Jan. 21, 2014; Act No. 13840, Jan.
27, 2016>
(3) A person who intends to be fully or partially exempted from registration fees
and other official fees under paragraph (2) shall submit documents specified by
Ordinance of the Ministry of Trade, Industry and Energy to the Commissioner of the
Korean Intellectual Property Office.
Article 87 (Refunds of Registration Fees, etc.) (1) In any of the following cases,
registration fees and other official fees already paid shall be refunded upon request
by the payor: <Amended by Act No. 13840, Jan. 27, 2016>
1. Registration fees and other official fees erroneously paid;
2. Registration fees for the years subsequent to the year in which a ruling to revoke
the registration of a design or a trial decision that invalidates the registration of a
design becomes final and conclusive, or a design right is abandoned, out of
registration fees already paid;
법제처 40 국가법령정보센터
「DESIGN PROTECTION ACT」
3. Fees for filing an application for design registration and for filing a petition for
priority claim, out of fees already paid, where an application for design registration
is withdrawn or abandoned within one month after filing it: Provided, That the
foregoing shall not apply to any of the following applications:
(a) A divisional application or an application for design registration on which a
divisional application is based;
(b) An application for design registration, filed for the expedited examination
under Article 61 (1);
(c) An application for design registration, concerning which the examiner notified
a ground for rejection under Article 63 or made a determination to accept design
registration under Article 65;
4. Fees for filing a petition for a trial (where it is a retrial, this means fees for filing
a petition for a retrial; hereinafter the same shall apply), out of fees already paid,
where the determination to dismiss an amendment without prejudice, reject an
application for design registration, or revoke design registration is cancelled under
Article 157 (1) (this includes cases of application mutatis mutandis to a retrial
under Article 164, but excludes trails and retrials to which amendment is made in
accordance with Article 48 (4) 3 or Article 48 (4) 1 applied mutatis mutandis by
Article 124 (1));
5. Half the fees for filing a petition for a trial, out of fees already paid, where such
petition for a trial is dismissed without prejudice under Article 128 (2) and such
dismissal becomes final (this includes cases of application mutatis mutandis to a
retrial under Article 164);
6. Half the fees for intervention, out of fees already paid, where such application for
intervention is withdrawn before receiving notification of the closing of hearings
(this includes cases of application mutatis mutandis to a retrial under Article 164);
7. Half the fees for intervention, out of fees already paid, where such application for
intervention is dismissed without prejudice (this includes cases of application
mutatis mutandis to a retrial under Article 164);
8. Half the fees for filing a petition for a trial, out of fees already paid, where such
petition is withdrawn before receiving notification of the closing of hearings (this
includes cases of application mutatis mutandis to a retrial under Article 164).
법제처 41 국가법령정보센터
「DESIGN PROTECTION ACT」
(2) If registration fees and other official fees already paid fall under any
subparagraph of paragraph (1), the Commissioner of the Korean Intellectual Property
Office or the President of the Intellectual Property Trial and Appeal Board shall
notify the payor of registration fees and other official fees thereof. <Amended by
Act No. 13840, Jan. 27, 2016>
(3) No claim for a refund of registration fees and other official fees under paragraph
(1) shall be valid after three years from the date on which the claimant is served
with a notice under paragraph (2).
Article 88 (Design Register) (1) The Commissioner of the Korean Intellectual
Property Office shall keep the Design Register at the Korean Intellectual Property
Office and shall enter records of the following matters in the register:
1. The grant, transfer, extinguishment, or reinstatement of design rights, or
limitations on the disposal of a design right;
2. The grant, maintenance, transfer, modification, or extinguishment of exclusive or
non-exclusive licenses or limitations on the disposal of exclusive or non-exclusive
licenses;
3. The grant, transfer, modification, or extinguishment of a pledge over design rights
or exclusive or non-exclusive licenses or limitations on the disposal of a pledge
over design rights or exclusive or non-exclusive licenses.
(2) The Design Register referred to in paragraph (1) may be entirely or partially
kept in electronic medium.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters
necessary for facts to be registered and the procedure for registration shall be
prescribed by Presidential Decree.
Article 89 (Issuance of Design Registration Certificates) (1) When the grant of a
design right is registered, the Commissioner of the Korean Intellectual Property
Office shall issue a design registration certificate to the design right-holder, as
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) If any discrepancy exists between a design registration certificate and the
Design Register or any other document, the Commissioner of the Korean Intellectual
Property Office shall, upon request or ex officio, recall the design registration
certificate to correct it or issue a new design registration certificate.
법제처 42 국가법령정보센터
「DESIGN PROTECTION ACT」
CHAPTER V DESIGN RIGHTS
Article 90 (Registration of Grant of Design Rights) (1) A design right arises when the
grant of the right is registered.
(2) The Commissioner of the Korean Intellectual Property Office shall register the
grant of the relevant design right if:
1. The registration fee is paid in accordance with Article 79 (1);
2. The late payment of a registration fee is made in accordance with Article 82 (1);
3. The underpaid registration fee is paid in accordance with Article 83 (2);
4. The registration fee or underpaid registration fee is paid in accordance with
Article 84 (1);
5. An applicant is exempted from the registration fee under Article 86 (1) 1 or (2).
(3) When a design right is registered under paragraph (2), the Commissioner of the
Korean Intellectual Property Office shall publish the details specified by Presidential
Decree, such as the name and domicile of the design right-holder and the design
registration number, on the Design Gazette, to publicly announce the registration.
Article 91 (Duration of Design Rights) (1) A design right arises on the date the grant
of the right is registered under Article 90 (1) and perpetuates until 20th anniversary
of the filing date of the relevant application of design registration: Provided, That a
design right to a related design registered under Article 35 expires at the end of the
duration of the design right to its principle design.
(2) If the grant of a design right claimed in an application filed by a legitimate right-
holder for design registration is registered under Article 44 or 45, the duration of the
design right under paragraph (1) shall begin on the day immediately after the filing
date of an application filed by a person ineligible for design registration.
Article 92 (Effects of Design Rights)
The owner of a design right shall have the exclusive right to work the registered
design or any similar design commercially: Provided, That the foregoing shall not
apply where an exclusive license for a design right is granted and the exclusive
licensee has the exclusive right to work the registered design or any similar design
under Article 97 (2).
법제처 43 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 93 (Scope of Protection of Registered Designs)
The scope of protection of a registered design shall be specified in the contents of
the relevant application for design registration, the drawings, photographs, or
specimens accompanying the application, and the design depicted in accordance with
the description of the design in the drawings.
Article 94 (Limits of Design Rights) (1) The effect of a design right shall not extend to
any of the following:
1. Working of a design registered for conducting research or experiment or any
similar design;
2. A ship, aircraft, or vehicle that merely passes through the Republic of Korea, or
machines, instruments, equipment, and other things used therein;
3. Things that have already existed in the Republic of Korea when an application for
design registration is filed.
(2) Where the grant of a design right for a font is registered, the effects of such
design right shall not extend to either of the following cases:
1. If the font is used in the ordinary process of typing, typesetting, or printing;
2. If it is a product made by using the font referred to in subparagraph 1.
Article 95 (Relationship with other Persons’ Registered Designs, etc.) (1) If a
registered design is a product made by applying another person's registered design
or a design similar thereto, patented invention, registered utility model or registered
trademark claimed in an application filed earlier than the filing date of the application
for registration of the relevant design, or if a design right conflicts with another
person's patent right, utility model right, or trademark right claimed in an application
filed prior to the filing date of the application for registration of the relevant design,
the design right-holder to the relevant registered design, the exclusive licensee or a
non-exclusive licensee for the relevant registered design shall not work the
registered design, commercially, without permission from the owner of the relevant
design right, patent right, utility model right or trademark right or in breach of Article
123.
(2) If a design similar to a registered design is of a product made by applying
another person's registered design or a design similar thereto, patented invention,
registered utility model or registered trademark claimed in an application filed earlier
법제처 44 국가법령정보센터
「DESIGN PROTECTION ACT」
than the filing date of the application for registration of the relevant design, or if a
design similar to a registered design subject to such 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
relevant design, the design right-holder to the registered design, the exclusive
licensee or a non-exclusive licensee for the registered design shall not work the
registered design, commercially, for business without permission from the owner of
the relevant design right, patent right, utility model right or trademark right or in
breach of Article 123.
(3) If a registered design or a design similar thereto is of a product made by
applying, or conflicting with, another person's copyright that arose earlier than the
filing date of the application for registration of the relevant design, the design right-
holder to the registered design or a design similar thereto or the exclusive licensee
or a non-exclusive licensee for the registered design or a design similar thereto
shall not work the registered design or design similar thereto, commercially, without
permission from the copyright owner.
Article 96 (Transfer and Joint Ownership of Design Rights) (1) A design right is
transferable: Provided, That a design right to a principle design and a design right to
related designs shall be transferred in a bundle to the same person.
(2) Where a design right is jointly owned, no co-owner shall transfer his/her share
or grant a pledge over his/her share to any person without consent of other co-
owners.
(3) Where a design right is jointly owned, any co-owner may work the registered
design or any similar design alone without consent of other co-owners, except as
otherwise expressly agreed upon by contract.
(4) Where a design right is jointly owned, no co-owner may grant or permit an
exclusive or non-exclusive license for the design right to any person without
consent of other co-owners.
(5) The design right to multiple registered designs may be divided into multiple
design rights that are individually transferable.
(6) Where a design right to the principle design has been extinguished by
revocation, abandonment, or invalidation trial, and it is intended to transfer the design
법제처 45 국가법령정보센터
「DESIGN PROTECTION ACT」
right to at least two designs related to a principle design, the design right to such
related designs shall be transferred in a bundle to the same person.
Article 97 (Exclusive Licenses) (1) The owner of a design right may grant an
exclusive license for a design right to a third person: Provided, That the exclusive
license for the design rights to a principle design and designs related thereto shall be
granted to the same person in a bundle.
(2) An exclusive licensee shall have the right to exclusively work the registered
design or any similar design commercially within the scope specified in the relevant
license agreement.
(3) No exclusive licensee may transfer his/her exclusive license to a third person
without consent of the design right-holder, unless he/she transfers the license along
with the business to which the design is applied or the license is conveyed by
inheritance or general succession.
(4) No exclusive licensee may grant a pledge over, or a non-exclusive license for,
his/her exclusive license to any person without consent of the design right-holder.
(5) The provisions of Article 96 (2) through (4) shall apply mutatis mutandis to an
exclusive license.
(6) Where the design right to the principle design has been extinguished by
revocation, abandonment, or invalidation trial and it is intended to grant an exclusive
license for at least two designs related to a principle design, the exclusive license for
such related designs shall be granted in a bundle to the same person.
Article 98 (Effects of Registration of Design Rights and Exclusive Licenses) (1) None
of the following acts shall take effect unless it is registered:
1. The transfer (excluding conveyance by inheritance or general succession) of a
design right, extinguishment of a design right by renunciation, or a limitation on the
disposal of a design right;
2. The grant, transfer (excluding conveyance by inheritance or general succession),
modification, or extinguishment (excluding extinguishment by confusion) of an
exclusive license or a limitation on the disposal of an exclusive license;
3. The grant, transfer (excluding conveyance by inheritance or general succession),
modification, or extinguishment (excluding extinguishment by confusion) of a
pledge over a design right or on an exclusive licence or a limitation on the disposal
법제처 46 국가법령정보센터
「DESIGN PROTECTION ACT」
of a pledge over a design right or an exclusive licence.
(2) The conveyance of a design right, an exclusive license, or a pledge by
inheritance or general succession under paragraph (1) shall be reported to the
Commissioner of the Korean Intellectual Property Office without delay.
Article 99 (Non-Exclusive Licenses) (1) The owner of a design right may grant a
non-exclusive license for his/her design right to a third person.
(2) A non-exclusive licensee shall have the right to work the registered design or
any similar design commercially within the scope specified by this Act or in the
relevant license agreement.
(3) A non-exclusive license under Article 123 shall be transferred along with the
relevant design right, exclusive license, or non-exclusive license of the non-
exclusive licensee and shall be extinguished simultaneously when the relevant design
right, exclusive license, or non-exclusive license is extinguished.
(4) No non-exclusive license, except those specified in paragraph (3), may be
transferred without consent of the design right-holder (or the design right-holder
or the exclusive licensee, if a non-exclusive license was granted by an exclusive
licensee), unless a non-exclusive license is transferred along with the business to
which the design is applied or is conveyed by inheritance or general succession.
(5) No pledge over a non-exclusive license, except those specified in paragraph
(3), may be granted without consent of the design right-holder (or the design right-
holder or the exclusive licensee, if a non-exclusive license was granted by an
exclusive licensee).
(6) Article 96 (2) and (3) shall apply mutatis mutandis to non-exclusive licenses.
Article 100 (Non-Exclusive Licenses by Prior Use)
A person who had created a design identical with a design claimed in an application
filed for registration of the design or had learned such design from the creator
thereof before the application for design registration was filed, without knowledge of
the application, and works, or prepares to work, the registered design or any similar
design commercially within the Republic of Korea, shall be granted a non-exclusive
license for the design right to the design that the person works or prepares to work
within the scope of business objectives.
법제처 47 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 101 (Non-Exclusive Licenses by Earlier Application)
A person who created a design identical to a design claimed in an application filed for
registration of the design or learned such design from the creator thereof at the time
the grant of the design right to a third person was registered, without knowledge of
the application, and worked, or prepared to work, the registered design or any
similar design commercially within the Republic of Korea (excluding persons who
meet the requirements under Article 100), shall be granted a non-exclusive license
for the design right to the design that the person worked or prepared to work within
the scope of business objectives, only if:
1. The person is required to have filed an application for registration of the identical
design or any similar design at least the day before the date on which another
person filed an application for registration of the design to have the grant of the
design right registered;
2. The person is required to have worked, or have prepared to work, the design
claimed in an application filed for design registration under subparagraph 1 at the
time the grant of the design right to another person was registered;
3. It is required that the design claimed in the application filed earlier for design
registration, among those referred in subparagraph 1, falls under any subparagraph
of Article 33 (1) and that a decision to reject design registration, or trial decision
that the registration is to be rejected becomes final and conclusive.
Article 102 (Non-Exclusive Licenses Based on Working Prior to Registration of Claim
for Ruling of Invalidation) (1) If any of the following persons had worked, or had
prepared to work, his/her registered design or any similar design commercially
within the Republic of Korea without knowing that the registered design was invalid
before a petition seeking a trial decision of invalidation of the registration of the
design was filed, the person shall be granted a non-exclusive license for the design
right to the design that the person works or prepares to work within the scope of
business objectives:
1. The original owner of the design right, where one of at least two registered
designs was invalidated as an identical or similar design;
2. The original owner of the design right, where the registration of his/her design
was invalidated and the legitimate right-holder had his/her identical or similar
법제처 48 국가법령정보센터
「DESIGN PROTECTION ACT」
design registered.
(2) In cases falling under paragraph (1) 1 or 2, a person who had an exclusive or
non-exclusive license for the invalidated design right or a non-exclusive license for
an exclusive license already granted before a petition seeking a trial decision of
invalidation was registered, shall be granted a non-exclusive license, if he/she is
either of the following:
1. A person who had the relevant non-exclusive or exclusive license registered;
2. A person whose non-exclusive license falls under Article 104 (2).
(3) A person granted a non-exclusive license under paragraph (1) or (2) shall pay
reasonable consideration therefor to the design right-holder or the exclusive
licensee.
Article 103 (Non-Exclusive Licenses After Expiration of Duration of Design Right, etc.)
(1) Where a design similar to a registered one conflicts with a design right
registered by the filing date of an application for registration of the design
(hereinafter referred to as "original design right") but the duration of the original
design right expires, the owner of the original design right shall have a non-
exclusive license for the design right or for an exclusive license that exists for the
design right when the duration of original design right expires, within the scope of
the original design right.
(2) In cases falling under paragraph (1), the exclusive licensee for the original
design right which exists when the duration of the original right expires or a non-
exclusive licensee registered under Article 104 (1) shall have a non-exclusive
license for the design right or for an exclusive license that exists for the design right
when the duration of original design right expires, within the scope of the original
design right.
(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 registered by the filing date of an application for registration of the
design but the duration of the patent right or utility model right expires.
(4) A person granted a non-exclusive license under paragraph (2) (including cases
to which the aforesaid paragraph shall apply mutatis mutandis pursuant to paragraph
(3)) shall pay reasonable consideration therefor to the design right-holder or the
법제처 49 국가법령정보센터
「DESIGN PROTECTION ACT」
exclusive licensee for the design right.
Article 104 (Effects of Registration of Non-Exclusive Licenses) (1) A non-exclusive
license, once registered, shall also be effective against any person who subsequently
acquires the design right or an exclusive license.
(2) A non-exclusive license granted under any provision of Article 84 (5), 100
through 103, 110, 162, and 163 of this Act and Article 10 (1) of the Invention
Promotion Act shall have the same effect as provided for in paragraph (1) of this
Article, irrespective of whether it has been registered.
(3) No person shall assert his/her claim or defense against a third party, based on
the transfer, modification, or extinguishment of a nonexclusive license, a limitation on
the disposal of a nonexclusive license, the grant, transfer, modification, or
extinguishment of a pledge, or a limitation on the disposal of a pledge, unless such
act or event is registered.
Article 105 (Abandonment of Design Rights)
The owner of a design right may abandon the design right. In such cases, the design
right to multiple registered designs may be divided into design rights to individual
designs and may be separately renounced.
Article 106 (Limitations on Abandonment of Design Rights, etc.) (1) No owner of a
design right shall abandon the design right without consent of the exclusive licensee,
pledgee, or non-exclusive licensee under any provision of Articles 97 (4) and 99
(1) of this Act or Article 10 (1) of the Invention Promotion Act.
(2) No exclusive licensee shall abandon his/her exclusive license without consent of
the pledgee or non-exclusive licensee under Article 97 (4).
(3) No non-exclusive licensee shall abandon his/her non-exclusive license without
consent of the pledgee.
Article 107 (Effects of Abandonment)
Where a design right or an exclusive or non-exclusive license is abandoned, the
design right or the exclusive or non-exclusive license shall cease to be effective as
at the time of renunciation.
법제처 50 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 108 (Pledge)
Where a pledge is granted on a design right or an exclusive or non-exclusive
license, no pledgee shall work the registered design, except as otherwise stipulated
contractually.
Article 109 (Subrogation of Pledge)
A pledge may be exercised against compensation under this Act or against
consideration or goods receivable for the working of the registered design: Provided,
That such compensation, consideration, or goods shall be seized before being paid or
delivered.
Article 110 (Non-Exclusive Licenses Subsequent to Transfer of Design Rights by
Exercise of Pledge)
If the owner of a design right had worked the registered design or a design similar
thereto before a pledge was granted on the design right, he/she shall have a non-
exclusive license for the design right even after the design right is transferred to a
third person by auction or such. In such cases, the design right-holder shall pay
reasonable consideration to the transferee of the design right.
Article 111 (Extinguishment of Design Right in Absence of Heir)
A design right shall be extinguished if no heir exists at the time proceedings for
inheritance commence.
Article 112 (Title of Execution on Consideration and Compensation)
A final and conclusive decision on the amount of consideration or compensation
determined by the Commissioner of the Korean Intellectual Property Office 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.
CHAPTER VI PROTECTION OF OWNERS OF DESIGN RIGHTS
Article 113 (Rights to Prohibit Infringement, etc.) (1) The owner of a design right or
an exclusive licensee may file a claim for injunction for, or prevention of,
infringement against a person who infringes or is likely to infringe his/her rights.
법제처 51 국가법령정보센터
「DESIGN PROTECTION ACT」
(2) The owner of a design right or an exclusive licensee, who made a request to
keep the relevant design confidential under Article 43 (1), cannot file a claim under
paragraph (1), unless he/she issue a warning by presenting a document certified by
the Commissioner of the Korean Intellectual Property Office on the following matters
regarding the design, as prescribed by Ordinance of the Ministry of Trade, Industry
and Energy:
1. The name and domicile (or the name and principal place of business, if the
claimant is a corporation) of the design right-holder or the exclusive licensee
(applicable only where an exclusive licensee files a claim);
2. The serial number and date of an application for design registration;
3. The design registration number and the date of registration;
4. Details of drawings, photographs, or specimens accompanying the application of
design registration.
(3) When the owner of a design right or an exclusive licensee files a claim under
paragraph (1), he/she may seek the destruction of infringing articles, the removal of
facilities provided for infringement, and other actions necessary for the prevention of
infringement.
Article 114 (Acts Deemed Infringement)
Engaging in producing, transferring, leasing, exporting, or importing any product
used only for producing a product associated with a registered design or any similar
design or engaging in offering the sale or rental of such product shall be deemed
infringement of the relevant design right or exclusive license.
Article 115 (Estimation of Damages) (1) Where the owner of a design right or an
exclusive licensee claims compensation for any loss inflicted upon him/her against a
person who willfully or negligently infringed the design right or exclusive license and
the infringing person transferred the products that constituted the infringement to
third parties, the amount of the loss that the claimant has sustained may be
calculated by multiplying the quantity of the products so transferred by the profit per
unit of the products that the design right-holder or the exclusive licensee could have
sold if not for the infringement.
(2) The amount of damages calculated under paragraph (1) shall not exceed the
amount calculated by multiplying the quantity of products that the design right-
법제처 52 국가법령정보센터
「DESIGN PROTECTION ACT」
holder or exclusive licensee could have produced, less the quantity of products
actually sold, by the profit per unit: Provided, That the quantity of products that the
design right-holder or exclusive licensee could not sold due to any cause or event,
other than the infringement, shall be subtracted therefrom, if such cause or event, in
addition to the infringement, prevented the design right-holder or exclusive licensee
from selling the products.
(3) Where a design right-holder or an exclusive licensee claims compensation for
any loss incurred by a person who willfully or negligently infringed the design right
or exclusive license, the profits that the infringing person gained by infringement, if
any, shall be deemed equivalent to the loss that the design right-holder or exclusive
licensee has sustained.
(4) Where a design right-holder or an exclusive licensee claims compensation for
any loss incurred by a person who infringed the design right or exclusive license by
intention or negligence, the design right-holder or the exclusive licensee may claim
the amount that he/she would usually receive for working the registered design as
the loss that he/she sustained.
(5) Notwithstanding the provisions of paragraph (4), the amount by which the
damages exceed the amount specified in the aforesaid paragraph may be also claimed
as damages. In such cases, the court may consider the fact that the absence of
intention or gross negligence on the part of a person who infringed the design right
or exclusive license in determining damages.
(6) If the court finds in a lawsuit for infringement on a design right or exclusive
license that the loss has been incurred by infringement but it is impracticable to find
the facts necessary for proving the damages in light of the nature of relevant facts, it
may award reasonable damages based on the summation of all arguments and the
results of examination of evidence, notwithstanding the provisions of paragraphs (1)
through (5).
Article 116 (Presumption of Negligence) (1) A person who has infringed a design right
or an exclusive license of a third person shall be presumed to have been negligent in
not committing the infringement: Provided, That the foregoing shall not apply to
infringement of a design right registered as a secret design under Article 43 (1) or
an exclusive license for such secret design.
법제처 53 국가법령정보센터
「DESIGN PROTECTION ACT」
(2) Paragraph (1) shall apply mutatis mutandis where a design right-holder of a
design registered through partial examination or an exclusive or non-exclusive
licensee for such registered design or any similar design infringes a third person's
design right or exclusive license.
Article 117 (Restoration of Reputation of Design Right-Holders, etc.)
At the request of a design right-holder or an exclusive licensee, the court may order
a person who degrades the business reputation of the design right-holder or
exclusive licensee by infringing the design right or exclusive license by intention or
negligence, to take necessary measures to restore the business reputation of the
owner or exclusive licensee in lieu of damages or in addition thereto.
Article 118 (Submission of Documents)
In a lawsuit for infringement of a design right or an exclusive license, the court may,
at the request of either party, order the other party to submit documents necessary
for the assessment of damages caused by infringement: Provided, That the foregoing
shall not apply where a person possessing the documents has a reasonable ground to
refuse to submit them.
CHAPTER VII TRIAL
Article 119 (Trials on Determination to Dismiss Amendment Without Prejudice)
A person who is dissatisfied with any determination to dismiss an amendment
without prejudice under Article 49 (1) may file a petition for an administrative patent
trial within 30 days from the date the person is served with a certified copy of such
determination.
Article 120 (Trials on Determination to Reject Applications for Design Registration or to
Revoke Design Registration)
A person who is dissatisfied with any determination to reject an application for
design registration or a determination to revoke the registration of a design may file
a petition within 30 days from the date the person is served with a certified copy of
such determination.
법제처 54 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 121 (Trials to Invalidate Design Registration) (1) An interested party or
examiner may file a petition for an administrative patent trial to invalidate the
registration of a design in any of the following cases. If a case involves the
registration of designs claimed in an application for registration of multiple designs
under Article 41, such petition shall be filed separately for each design:
1. Where the registrant has no right to register the design under the main sentence
of Article 3 (1) or is ineligible for registration of the design under the proviso to
the aforesaid paragraph;
2. Where the registration contravenes Article 27, 33, 34, 35 (2) or (3), 39, or 46
(1) or (2);
3. Where the registration contravenes a treaty;
4. Where the design right-holder becomes ineligible for the design right under
Article 27 or the registration of the design at issue is found to contravene a treaty,
after the design is registered.
(2) A petition for an administrative patent trial under paragraph (1) may be filed
even after the relevant design right is extinguished.
(3) If a invalidation trial of a design registration becomes final and conclusive, the
design right shall be deemed never existed: Provided, That if the invalidation trial
that invalidates the relevant design registration becomes final and conclusive under
paragraph (1) 4, the design right shall be deemed to cease to exist from the time the
registration of a design falls under paragraph (1) 4.
(4) Upon receipt of a petition for an administrative patent trial under paragraph (1),
the chief administrative patent judge shall notify the receipt of the petition to the
exclusive licensee for the relevant design right or any person who has a registered
right to the design.
Article 122 (Trials to Confirm Scope of Design Rights)
A design right-holder, an exclusive licensee, or any interested party may file a
petition for an administrative patent trial to have the scope of the design right
confirmed in order to ascertain the extent of protection of the registered design. If a
case involves the registration of designs claimed in an application for registration of
multiple designs under Article 41, such petition shall be filed separately for each
design.
법제처 55 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 123 (Trials for Granting Non-Exclusive Licenses) (1) If a design right-holder,
or an exclusive or non-exclusive licensee intends to obtain a license to work a third
person’s registered design that falls under Article 95 (1) or (2) or a design similar
thereto but the person refuses to grant a license without valid cause or it is
impracticable to obtain such license from the person, the design right-holder or the
exclusive or non-exclusive licensee may file a petition for an administrative patent
trial, seeking the grant of a non-exclusive license to the extent necessary to work
the registered design or a design similar thereto.
(2) If a person who granted a non-exclusive license under the ruling made at an
administrative patent trial under paragraph (1) needs to work the registered design
of the non-exclusive licenses or any design similar thereto but the non-exclusive
licensee fails to grant a license for working the design or it is impracticable to obtain
the license, he/she may file a petition for an administrative patent trial, seeking the
grant of a non-exclusive license to the extent necessary to work the registered
design or a design similar thereto.
(3) A non-exclusive licensee under paragraphs (1) and (2) shall pay consideration
therefor to the patentee, the utility model right-holder, the design right-holder, or
the exclusive licensee: Provided, That if it is impracticable to pay consideration due
to any cause or event for which he/she is not liable, he/she shall deposit the
consideration in the competent court.
(4) No non-exclusive licensee under paragraph (3) shall work a patented invention,
a registered utility model, or a registered design or any design similar thereto
without paying consideration therefor or depositing the consideration in the
competent court.
Article 124 (Application Mutatis Mutandis of Provisions regarding Examination to Trials
on Determination to Reject Applications for Design Registration) (1) Articles 48 (1)
through (3), 48 (4) 1, 49, 63, and 65 shall apply mutatis mutandis to an
administrative patent trial on a determination to reject an application for design
registration. In such cases, “before the notice of a determination to reject an
application for design registration under Article 62 or a determination to accept the
registration of a design under Article 65 (hereinafter referred to as “determination
on whether to accept design registration”) is served” in Article 48 (4) 1 shall be
법제처 56 국가법령정보센터
「DESIGN PROTECTION ACT」
construed as “by a deadline for the submission of a written argument on the notice
of a ground for rejection”, “if an applicant for design registration files a petition for
an administrative patent trial in accordance with Article 119” in Article 49 (3) as
“a person files a lawsuit in accordance with Article 166 (1)”, and “until the rulin
rendered at the trial becomes final and conclusive” in the aforesaid paragraph as
“until the ruling rendered by the court becomes final and conclusive.”
(2) Article 63, applicable mutatis mutandis pursuant to paragraph (1), shall apply
where a ground found for rejection in the proceedings of an administrative patent
trial differs from a ground for a determination to reject an application for design
registration.
Article 125 (Petition for Joint Trial, etc.) (1) Where persons who jointly own a design
right or a right to have a design registered intend to file a petition for an
administrative patent trial on the jointly owned right, all co-owners shall jointly file
such petition.
(2) Notwithstanding the provisions of paragraph (1), if at least two persons intend
to file a petition for an administrative patent trial, seeking the invalidation of the
registration of a design under Article 121 (1) or the confirmation of the scope of a
right under Article 122 with respect to the same design right, they may severally or
jointly file a petition for an administrative patent trial.
(3) When a person files a petition for an administrative patent trial against owners
of a jointly-owned design right, all co-owners shall be named as respondents.
(4) If a ground for the suspension or adjournment of proceedings of an
administrative patent trial is applicable to one of petitioners under paragraph (1) or
(2) or one of respondents under paragraph (3), the ground shall be applicable to all
of them.
Article 126 (Formalities of Petitions for Trials) (1) A person who intends to file a
petition for an administrative patent trial for the invalidation of the registration of a
design, the confirmation of the scope of a right, or the grant of a non-exclusive
license under Articles 121 through 123 shall file the petition, stating the following
matters, with the President of the Intellectual Property Trial and Appeal Board:
<Amended by Act No. 11962, Jul. 30, 2013>
법제처 57 국가법령정보센터
「DESIGN PROTECTION ACT」
1. The names and domiciles of the parties (or the name and place of business, if
either party is a corporation);
2. The name and domicile or place of business of the agent, if either party is
represented by an agent [the name and place of business of a patent firm or a
patent firm (limited liability), and the name of a patent attorney in charge, if the
agent is a patent firm or a patent firm (limited liability)];
3. An indication of the trial case;
4. Claims and the cause of the petition.
(2) No amendment to a petition filed under paragraph (1) for an administrative
patent trial shall be permitted to amend the gist of the petition: Provided, That the
foregoing shall not apply if:
1. An amendment (including an addition) is made to correct the description of the
relevant design right-holder, among the parties involved under paragraph (1) 1;
2. The cause of the petition under paragraph (1) 4 is amended;
3. The respondent argues that the design the petitioner actually works differs from
the design in the drawing (referring to the respondent’s design contended by the
petitioner) subject to the confirmation sought by the design right-holder or an
exclusive licensee in the petition filed for the confirmation of the scope of a right
under Article 122 and the petitioner amends the drawing of the design subject to
the confirmation sought in the petition to make the design identical with the design
that the respondent works.
(3) A petition filed for an administrative patent trial on the confirmation of the scope
of a right under Article 122 shall be accompanied by drawings for comparison with
the registered design.
(4) A petition for an administrative patent trial on the grant of a non-exclusive
license under Article 123 (1) shall state the following matters in addition to matters
specified in paragraph (1):
1. The registration number and name of the registered design that the petitioner
intends to work;
2. The registration number, name, and date of registration of another person’s
patented invention, registered utility model, or registered design that the petitioner
intends to work;
법제처 58 국가법령정보센터
「DESIGN PROTECTION ACT」
3. The scope and duration of, and the consideration for, a non-exclusive license for
the patented invention, registered utility model, or registered design.
Article 127 (Formalities for Petitions for Trials on Determination to Reject Applications
for Design Registration, etc.) (1) A person who intends to file a petition for an
administrative patent trial on a determination to dismiss an amendment, a
determination to reject an application for design registration, or a determination to
revoke the registration of a design under Article 119 or 120 shall file the petition,
stating the following matters, with the President of the Intellectual Property Trial and
Appeal Board, and, upon receipt of a petition for an administrative patent trial on a
determination to revoke the registration of a design under Article 120, the President
of the Intellectual Property Trial and Appeal Board shall notify the opponent of the
receipt of the petition: <Amended by Act No. 11962, Jul. 30, 2013>
1. The name and domicile of the petitioner (or the name and place of business, if the
petitioner is a corporation);
2. The name and domicile or place of business of the agent, if the petitioner is
represented by an agent [the name and place of business of the patent firm or the
patent firm (limited liability), and the name of the patent attorney in charge, if the
agent is a patent firm or a patent firm (limited liability)];
3. The date and number of an application (the registration date and registration
number of the design, if the petitioner protests against a determination to revoke
design registration);
4. The products or category of products in relation to which the design is to be
used;
5. The date of the determination to reject the application for design registration, the
date of the determination to revoke design registration, or the date of the
determination to dismiss the amendment without prejudice;
6. An indication of the trial case;
7. Claims and the cause of the petition.
(2) No amendment to a petition filed under paragraph (1) for an administrative
patent trial shall be permitted to amend the gist of the petition: Provided, That the
foregoing shall not apply to either of the following cases:
법제처 59 국가법령정보센터
「DESIGN PROTECTION ACT」
1. Where an amendment (including an addition) is made to correct the description of
the petitioner under paragraph (1) 1;
2. Where the cause of the petition under paragraph (1) 7 is amended.
Article 128 (Dismissal of Petition for Trial Without Prejudice) (1) The chief
administrative patent judge shall order the petitioner to amend the petition within a
specified period if:
1. The petition for an administrative patent trial contravenes Article 126 (1), (3), or
(4) or 127 (1);
2. The proceedings of an administrative patent trial fall under any of the following
items:
(a) If the proceedings of the administrative patent trial contravene Article 4 (1) or
7;
(b) If the petitioner fails to pay any fee payable under Article 85;
(c) If the proceedings of the administrative patent trial omit any of the formalities
prescribed by this Act or by an order issued under this Act.
(2) If a person ordered to amend a petition under paragraph (1) fails to amend it
within the specified period, the chief administrative patent judge shall dismiss the
petition for the administrative patent trial without prejudice.
(3) A determination under paragraph (2) shall be made in writing and shall state the
grounds therefor.
Article 129 (Rulings to Dismiss Petitions for Trials with Incurable Defects)
If an inappropriate petition for an administrative patent trial contains a defect
incurable by an amendment, such petition may be dismissed by a trial decision
without prejudice, without providing the respondent with an opportunity to submit a
written reply.
Article 130 (Administrative Patent Judge) (1) Upon receipt of a petition for an
administrative patent trial, the President of the Intellectual Property Trial and Appeal
Board shall allocate the case to administrative patent judges for a trial.
(2) Qualifications of administrative patent judges shall be prescribed by Presidential
Decree.
법제처 60 국가법령정보센터
「DESIGN PROTECTION ACT」
(3) Administrative patent judges shall be independent in performing their duty to
examine a case on trial.
Article 131 (Designation of Administrative Patent Judges) (1) The President of the
Intellectual Property Trial and Appeal Board shall designate administrative patent
judges who shall form a panel under Article 133 for each trial case.
(2) If any of the administrative patent judges designated under paragraph (1) has a
conflict of interest in an administrative patent trial, the President of the Intellectual
Property Trial and Appeal Board may designate another administrative patent judge
to replace him/her.
Article 132 (Designation of Presiding Administrative Patent Judge) (1) The President
of the Intellectual Property Trial and Appeal Board shall appoint one of the
administrative patent judges designated under Article 131 (1) as the chief
administrative patent judge.
(2) The chief administrative patent judge shall administer all affairs relating to the
case on trial.
Article 133 (Panel for Trial) (1) An administrative patent trial shall be conducted by a
panel comprised of three or five administrative patent judges.
(2) The panel referred to in paragraph (1) shall make a ruling by a majority vote.
(3) No consultations among administrative patent judges shall be open to the public.
Article 134 (Submission of Written Replies, etc.) (1) Upon receipt of a petition for an
administrative patent trial, the chief administrative patent judge shall serve the
respondent with a copy of the petition and shall provide the respondent with an
opportunity to submit a written reply within a specified period.
(2) Upon receipt of a written reply, the presiding administrative patent judge shall
serve the petitioner with a copy of the written reply.
(3) The chief administrative patent judge may directly examine the parties to the
administrative patent trial.
Article 135 (Exclusion of Administrative Patent Judges)
In any of the following cases, an administrative patent judge shall be precluded from
being involved in a trial:
법제처 61 국가법령정보센터
「DESIGN PROTECTION ACT」
1. Where the administrative patent judge or his/her present or former spouse is a
party, an intervenor, or an opponent to the case on trial;
2. Where the administrative patent judge is or was a relative of a party, an
intervenor, or an opponent to the case on trial;
3. Where the administrative patent judge is or was the legal representative of a
party, an intervenor, or an opponent to the case on trial;
4. Where the administrative patent judge is summoned as a witness or an expert
witness or was an expert witness to the case on trial;
5. Where the administrative patent judge is or was an agent of a party, an
intervenor, or an opponent to the case on trial;
6. Where the administrative patent judge was involved as an examiner, or an
administrative patent judge in a determination to reject an amendment, a
determination on whether to accept an application for design registration, or a
determination or administrative ruling on a petition for objection to registration of a
partially-examined design;
7. Where the administrative patent judge has a direct interest in the case on trial.
Article 136 (Requests for Exclusion)
If a party or an intervenor finds a ground for exclusion under Article 135, he/she
may make a request to exclude an administrative patent judge.
Article 137 (Challenging Administrative Patent Judges) (1) If a party or an intervenor
has a ground to believe that it is impracticable to expect impartiality in a trial from an
administrative patent judge, he/she may challenge the administrative patent judge.
(2) No party or intervenor may challenge an administrative patent judge after
he/she makes a statement, orally or in writing, to the administrative patent judge
concerning the case on trial: Provided, That the foregoing shall not apply where a
party or an intervenor did not know that there is a cause of challenge or the cause of
challenge arises thereafter.
Article 138 (Prima Facie Case for Exclusion or Challenge) (1) A person who intends to
move to exclude or challenge an administrative patent judge under Article 136 or
137 shall file a written motion, stating the cause thereof, with the President of the
Intellectual Property Trial and Appeal Board: Provided, that such motion may be
법제처 62 국가법령정보센터
「DESIGN PROTECTION ACT」
verbally filed in an oral hearing.
(2) Prima facie evidence shall be presented for the cause of exclusion or challenge
within three days from the filing date of the petition.
Article 139 (Decision on Motion for Exclusion or Challenge) (1) A decision on a motion
for excluding or challenging an administrative patent judge shall be made in a trial.
(2) No administrative patent judge against whom a motion for exclusion or challenge
is filed, shall participate in the trial on the exclusion or challenge: Provided, That
such administrative patent judge may make arguments.
(3) A decision under paragraph (1) shall be made in writing stating the grounds
therefor.
(4) No appeal shall be permitted against a decision made under paragraph (1).
Article 140 (Suspension of Trial Proceedings)
If a motion for exclusion or challenge is filed, trial proceedings shall be suspended
until a decision is made on the motion: Provided, That the foregoing shall not apply in
an emergency.
Article 141 (Avoidance by Administrative Patent Judges)
If an administrative patent judge has good cause under Article 135 or 137, he/she
may voluntary avoid his/her participation in trials of the relevant case with
permission from the President of the Intellectual Property Trial and Appeal Board.
Article 142 (Hearings, etc.) (1) A hearing in trial proceedings shall be either oral or
written: Provided, That a case shall be tried orally if either party requests an oral
hearing, unless it is found that a decision can be made in writing.
(2) An oral hearing shall be open to the public: Provided, That the foregoing shall
not apply where public order or morality is likely to be disturbed.
(3) When the chief administrative patent judge intends to hold an oral hearing under
paragraph (1), he/she shall determine the date and venue of hearing and serve the
parties and intervenors with written notice thereof: Provided, That the foregoing
shall not apply where such notice is given to the parties and intervenors present at a
hearing for the relevant case.
(4) When the chief administrative patent judge presides over an oral hearing under
paragraph (1), he/she shall have an official assigned by the President of the
법제처 63 국가법령정보센터
「DESIGN PROTECTION ACT」
Intellectual Property Trial and Appeal Board make a report on the hearing and other
necessary facts relevant to each hearing.
(5) The chief administrative patent judge and an official who makes a report under
paragraph (4) shall print their names and affix their seals on the report.
(6) The provisions of Articles 153, 154, and 156 through 160 of the Civil Procedure
Act shall apply mutatis mutandis to reports under paragraph (4).
(7) Articles 143, 259, 299, and 367 of the Civil Procedure Act shall apply mutatis
mutandis to administrative patent trials.
(8) The chief administrative patent judge shall maintain order in the trial tribunal.
Article 143 (Intervention) (1) A person entitled to file a petition for an administrative
patent trial under Article 125 (2) may intervene in the trial before the closing of
hearings.
(2) An intervenor under paragraph (1) may continue trial proceedings even after
the party for whose favor the intervenor enters the proceedings voluntarily
withdraws his/her petition for the trial.
(3) A person who has an interest in the results of an administrative patent trial may
intervene in the trial proceedings to assist either party before the close of hearings.
(4) An intervenor under paragraph (3) may participate in all trial proceedings.
(5) If an intervenor under paragraph (1) or (3) has any cause to suspend or
discontinue trial proceedings, such suspension or discontinuance shall have effect
also on the party for whose favor the intervenor entered the proceedings.
Article 144 (Petitions for Intervention and Decisions thereon) (1) A person who
intends to intervene in an administrative patent trial shall file a petition for
intervention with the chief administrative patent judge.
(2) Upon receipt of a petition for intervention, the chief administrative patent judge
shall serve each party and other intervenors with a copy of the petition for
intervention and shall provide them with an opportunity to submit a written argument
within a specified period.
(3) Upon receipt of a petition for intervention, a decision on whether to permit
intervention shall be made in a trial.
(4) A decision under paragraph (3) shall be made in writing stating the grounds
therefor.
법제처 64 국가법령정보센터
「DESIGN PROTECTION ACT」
(5) No appeal shall be permitted against a decision rendered under paragraph (3).
Article 145 (Examination and Preservation of Evidence) (1) Evidence may be
examined or preserved, upon request by a party, intervenor, or interested party or
ex officio, in trial proceedings.
(2) The provisions concerning the examination and preservation of evidence in Part
II, Chapter III of the Civil Procedure Act shall apply mutatis mutandis to the
examination and preservation of evidence under paragraph (1): Provided, That no
administrative patent judge shall determine to impose an administrative fine, issue an
order to take a person into custody, or require a person to deposit guarantee money.
(3) A request to preserve evidence shall be filed with the President of the
Intellectual Property Trial and Appeal Board, if it is filed before filing a petition for
an administrative patent trial, or with the chief administrative patent judge, if it is
filed while the trial is pending.
(4) Upon receipt of a request for preservation of evidence under paragraph (1)
before a petition for an administrative patent trial is filed, the President of the
Intellectual Property Trial and Appeal Board shall assign the examination of the
request for preservation of evidence to an administrative patent judge.
(5) When the chief administrative patent judge ex officio examines or preserves
evidence under paragraph (1), he/she shall serve the parties and intervenors and
interested parties with a statement of the findings therefrom and shall provide them
with an opportunity to present their arguments thereon within a specified period.
Article 146 (Continuation of Trial Proceedings)
The chief administrative patent judge may proceed with a trial, regardless of whether
a party or intervenor neglects a procedure by a statutory deadline or by a specified
deadline or fails to appear on a date of hearing under Article 142 (3).
Article 147 (Ex Officio Trial Examinations) (1) A cause of action that neither a party
nor an intervenor requests to examine may also be examined in trial proceedings. In
such cases, the parties and intervenors shall be provided with an opportunity to
present arguments thereon within a specified period.
(2) No claim other than the claims asserted by a petitioner in his/her petition may
be examined in trial proceedings.
법제처 65 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 148 (Consolidation or Severance of Hearings or Rulings)
An administrative patent judge may consolidate hearings or rulings for at least two
trials in which both parties or either party is identical, or sever hearings for one trial.
Article 149 (Withdrawal of Petition for Trial) (1) A petition for an administrative patent
trial may be voluntarily withdrawn before a trial decision becomes final and
conclusive: Provided, That withdrawal after a written reply is submitted in
accordance with Article 134 (1) is subject to the adverse party’s consent thereto.
(2) A petition withdrawn under paragraph (1) shall be deemed never filed.
Article 150 (Trial Decision) (1) Except as otherwise expressly provided for in any Act,
an administrative patent trial shall be closed with a trial decision.
(2) A trial decision referred to in paragraph (1) shall be made in writing stating the
following matters, on which administrative patent judges participating in the decision
shall print their names and affix their seals: <Amended by Act No. 11962, Jul. 30,
2013>
1. The trial number;
2. Names and domiciles of parties and intervenors (names and the places of
business of corporations, if parties are corporations);
3. The name and domicile or place of business of agents, if parties are represented
by agents [the name and the place of business of the patent firm or the patent firm
(limited liability), and the name of the patent attorney in charge, if an agent is a
patent firm or a patent firm (limited liability)];
4. An indication of the case on trial;
5. The main sentence of the trial decision (including the scope and duration of the
relevant non-exclusive license and the consideration therefor, in the case of a trial
under Article 123);
6. Grounds for the trial decision (including claims and the cause of action);
7. The date of trial decision.
(3) When a case becomes sufficiently mature to render a trial decision, the chief
administrative patent judge shall notify the parties and intervenors of the close of
hearings.
(4) If the chief administrative patent judge deems it necessary, he/she may reopen a
case for hearings upon request from a party or intervenor or ex officio, even after
법제처 66 국가법령정보센터
「DESIGN PROTECTION ACT」
he/she gives the notice of the close of hearings under paragraph (3).
(5) A trial decision shall be rendered within 20 days from the date the notice of the
close of hearings is given under paragraph (3).
(6) When a trial decision or ruling is rendered, the chief administrative patent judge
shall serve the parties, intervenors, and persons whose petition filed to intervene in
the trial was rejected, with a copy of the ruling or decision, respectively.
Article 151 (Prohibition against Double Jeopardy)
If a trial decision rendered under this Act becomes final and conclusive, no person
may file a further petition for an administrative patent trial, based on the same facts
and evidence: Provided, That the foregoing shall not apply where a final and
conclusive decision is rendered as a decision to dismiss a petition without prejudice.
Article 152 (Relationship to Litigation) (1) A chief administrative patent judge may
suspend trial proceedings until a determination on a petition filed to object to
registration of a partially-examined design in connection with the case on the
administrative patent trial or a trial decision rendered in any other administrative
patent trial becomes final and conclusive or proceedings of a lawsuit filed in
connection with the case are complete.
(2) A court may suspend its proceedings of a lawsuit until a trial decision rendered
at an administrative patent trial becomes final and conclusive, if it is necessary for
the proceedings of the lawsuit.
(3) Upon receipt of a lawsuit filed with regard to infringement of a design right or an
exclusive license, a court shall notify the President of the Intellectual Property Trial
and Appeal Board of the claims asserted in the lawsuit. A notice shall also be given
when the proceedings of such lawsuit are closed.
(4) Upon receipt of a petition for an administrative patent trial on the invalidation of
the registration of a design right in response to a lawsuit filed on infringement of a
design right or an exclusive license under paragraph (3), the President of the
Intellectual Property Trial and Appeal Board shall notify the competent court under
paragraph (3) of the claims thereof. Notice shall be also given when a determination
or trial decision is rendered to dismiss a petition for an administrative patent trial
without prejudice or where a petition for an administrative patent trial is voluntarily
withdrawn.
법제처 67 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 153 (Cost of Trial) (1) The allocation of the cost of an administrative patent
trial under Article 121 (1) or 122 shall be articulated in the judgment, if a trial
decision is rendered at the close of the trial, or in a decision, if a decision is rendered
in lieu of a trial decision at the close of the trial.
(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 cost of an administrative patent
trial under paragraph (1).
(3) The cost of an administrative patent trial under Article 119, 120, or 123 shall be
borne by a petitioner for the trial or an opponent.
(4) Article 102 of the Civil Procedure Act shall apply mutatis mutandis to the cost
that shall be borne by a petitioner for an administrative patent trial or an opponent
under paragraph (3).
(5) The cost of an administrative patent trial shall be determined by the President of
the Intellectual Property Trial and Appeal Board, upon request from a party, after the
relevant trial decision or determination becomes final and conclusive.
(6) Relevant provisions of the Costs of Civil Procedure Act shall apply to the scope,
amount, and payment of the cost of an administrative patent trial and the payment of
the cost required for procedural motions in an administrative patent trial, unless such
provisions contravene the nature of the cost.
(7) Fees that a party has paid or shall pay to a patent attorney who has represented
the party for an administrative patent trial shall be deemed the cost of the trial up to
the amount specified by the President of the Intellectual Property Tribunal. Even
where a party has been represented by at least two patent attorneys for an
administrative patent trial, the party shall be deemed represented by one patent
attorney for the purpose of this paragraph.
Article 154 (Title of Execution of Cost of Trial or Consideration)
A decision rendered by the President of the Intellectual Property Trial and Appeal
Board on the amount of cost of an administrative patent trial or by administrative
patent judges on consideration shall be of the same effect as an enforceable title of
execution. In such cases, the enforceable writ shall be issued by a public official of
the Intellectual Property Trial and Appeal Board.
법제처 68 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 155 (Special Provisions concerning Trial on Determination to Reject Application
for Design Registration)
The provisions of Articles 134 (1) and (2), 143, and 144 shall not apply to an
administrative patent trial under Article 119 or 120.
Article 156 (Effects of Proceedings of Examination or Petition to Oppose Registration of
Partially-Examined Designs)
Proceedings previously carried out for examination, or with respect to a petition filed
to oppose registration of a partially-examined design shall remain effective in
relation to the trial on a determination to reject the registration of the relevant
design or a decision to revoke the registration of the relevant design.
Article 157 (Cancellation of Decision to Reject Application for Design Registration, etc.)
(1) When an administrative patent judge upholds claims asserted in a petition filed
for an administrative patent trial under Article 119 or 120, he/she shall render a trial
decision to cancel the relevant determination to dismiss an amendment without
prejudice, reject an application for design registration, or revoke the relevant design
registration.
(2) When a determination to dismiss an amendment without prejudice, reject an
application for design registration, or revoke design registration is cancelled in an
administrative patent trial, a trial decision that the case shall be subjected to
examination may be rendered.
(3) The grounds for cancellation by a trial decision rendered under paragraph (1) or
(2) shall bind patent examiners as regards the relevant case.
CHAPTER VIII RETRIALS AND LITIGATION
Article 158 (Petitions for Retrials) (1) Either party may file a petition for an
administrative patent retrial on a trial decision that has become final and conclusive.
(2) Articles 451 and 453 of the Civil Procedure Act shall apply mutatis mutandis to
retrials under paragraph (1).
Article 159 (Petitions to Oppose Decision Obtained by Fraud) (1) If the parties to an
administrative patent trial conspire to obtain a trial decision by fraud with intent to
법제처 69 국가법령정보센터
「DESIGN PROTECTION ACT」
infringe a third party’s right or interest, the third party may file a petition for a
retrial on the judgment that has become final and conclusive.
(2) In a petition filed for a retrial under paragraph (1), the parties to the relevant
administrative patent trial shall be named as joint respondents.
Article 160 (Deadlines for Petition for Retrial) (1) A petition for an administrative
patent retrial shall be filed within 30 days from the date the petitioner becomes
aware of the cause of action for the retrial after the relevant trial decision became
final and conclusive.
(2) Where a petition for an administrative patent retrial is filed on the ground of a
defect in power of attorney, a period under paragraph (1) shall be counted from the
day immediately after the date the petitioner or his/her legal representative becomes
aware that a trial decision is rendered upon receipt of a certified copy of the
decision.
(3) No petition for an administrative patent retrial may be filed three years from the
date the relevant trial decision becomes final and conclusive.
(4) If the cause of action for an administrative patent retrial arises after the relevant
trial decision becomes final and conclusive, a period under paragraph (3) shall be
counted from the day immediately after the date the cause of action arises.
(5) Paragraphs (1) and (3) shall not apply where a petition for an administrative
patent retrial is filed on the ground that the relevant trial decision conflicts with
another judgment that has become final and conclusive.
Article 161 (Restrictions on Effects of Design Right Restored by Retrial) (1) In any of
the following cases, the effect of a design right shall not extend to the goods
imported or domestically produced or acquired in good faith after the relevant trial
decision became final and conclusive but before a petition filed for an administrative
patent retrial is registered:
1. Where an invalidated design right (including a design right that has been finally
and conclusively revoked in a trial on a determination to revoke design
registration) is restored in the retrial;
2. Where a trial decision that a product was outside the scope of a design right
became final and conclusive but another judgment that reverses the former
judgment subsequently becomes final and conclusive;
법제처 70 국가법령정보센터
「DESIGN PROTECTION ACT」
3. Where the grant of a design right is registered according to an administrative
patent retrial on an application for design registration, which was rejected by a trial
decision.
(2) The effect of a design right in any case falling under paragraph (1) shall not
extend to any of the following acts:
1. Working the relevant design in good faith after the relevant judgment became final
and conclusive but before a petition filed for a retrial is registered;
2. Producing, transferring, renting, exporting, or importing the goods used only for
the production of the products related to the registered design or offering to
transfer or rent such goods, in good faith, after the relevant judgment became final
and conclusive but before a petition filed for a retrial is registered.
Article 162 (Non-Exclusive Licenses for Prior Users of Design Right Restored by Retrial)
In any case falling under Article 161 (1), a person who works, or prepares to work,
the relevant design for business in good faith within the Republic of Korea after the
relevant trial decision became final and conclusive but before a petition filed for an
administrative patent retrial is registered shall be granted a non-exclusive license
for the design right to the design that the person works or prepares to work within
the scope of business objectives.
Article 163 (Non-Exclusive Licenses for Former Right Holders Deprived of Non-
Exclusive Licenses by Retrial) (1) If a trial decision to grant a non-exclusive license
to a person under Article 123 (1) or (2) is reversed by another judgment that was
rendered in a retrial and becomes final and conclusive after the former judgment
became final and conclusive, a person who works, or prepares to work, the relevant
design for business in good faith within the Republic of Korea before a petition filed
for an administrative patent retrial is registered shall be granted a non-exclusive
license for the design right to the design that the person works or prepares to work
or the exclusive license existing at the time the trial decision rendered in the retrial
becomes final and conclusive within the scope of business objectives.
(2) A person granted a non-exclusive license under paragraph (1) shall pay
reasonable consideration therefor to the relevant design right-holder or exclusive
licensee.
법제처 71 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 164 (Application Mutatis Mutandis of Provisions concerning Trials to Retrials)
The provisions concerning trial proceedings shall apply mutatis mutandis to an
administrative patent retrial, unless such provisions are contrary in nature thereto.
Article 165 (Application Mutatis Mutandis of the Civil Procedure Act)
The provisions of Article 459 (1) of the Civil Procedure Act shall apply mutatis
mutandis to a petition for an administrative patent retrial.
Article 166 (Appeals against Trial Decision, etc.) (1) The Patent Court of Korea shall
have exclusive jurisdiction over appeals against a trial decision rendered by
administrative patent judges, lawsuits against a determination to dismiss a petition
without prejudice under Article 49 (1), appeals against a determination to dismiss a
petition for an administrative patent trial or retrial without prejudice, to which the
aforesaid provisions shall apply mutatis mutandis pursuant to Article 124 (1)
(including where the aforesaid provisions shall apply mutatis mutandis pursuant to
Article 164).
(2) An appeal referred to in paragraph (1) may be filed only by a party, an
intervenor, or a person whose petition filed to intervene in the relevant
administrative patent trial or retrial was rejected.
(3) An appeal referred to in paragraph (1) shall be filed within 30 days from the
date a certified copy of the relevant trial decision or determination rendered in an
administrative patent trial is served.
(4) The period referred to in paragraph (3) shall be a peremptory period.
(5) A presiding administrative patent judge may ex officio add a period to the
peremptory period under paragraph (3) for the benefit of a person who has his/her
domicile or abode in a remote or hard-to-access area.
(6) An appeal on a subject matter of an administrative patent trial may be filed only
against a trial decision.
(7) No appeal referred to in paragraph (1) shall be filed independently for a trial
decision on the consideration under Article 150 (2) 5 or a trial decision or a
determination on the cost of trial under Article 153 (1).
(8) A judgment rendered by the Patent Court of Korea under paragraph (1) may be
appealed to the Supreme Court.
법제처 72 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 167 (Standing to be Sued)
In an appeal filed under Article 166 (1), the Commissioner of the Korean Intellectual
Property Office shall be the defendant: Provided, That, the petitioner or respondent
shall be sued as the defendant in an appeal filed against a trial decision rendered in
an administrative patent trial or retrial under Article 121 (1), 122, or 123 (1) or (2).
Article 168 (Notification of Lawsuit and Sending of Authenticated Copy of Written
Judgment) (1) Upon receipt of an appeal filed against a trial decision, an appeal
against a determination to dismiss a petition without prejudice under Article 49 (1),
which shall apply mutatis mutandis pursuant to Article 124 (1) (including where the
aforesaid provisions shall apply mutatis mutandis pursuant to Article 164), or an
appeal filed under Article 166 (8), the competent court shall notify the President of
the Intellectual Property Trial and Appeal Board of the appeal without delay.
(2) When the proceedings of an appeal filed under the proviso to Article 167 are
complete, the competent court shall dispatch an authenticated copy of the judgment
rendered by the court at each level on the case to the President of the Intellectual
Property Trial and Appeal Board without delay.
Article 169 (Cancellation of Trial Decision or Ruling) (1) If a court upholds claims
asserted in an appeal filed under Article 166 (1), it shall render a trial decision to
cancel the relevant administrative ruling or decision.
(2) When a judgment to cancel a trial decision or decision under paragraph (1)
becomes final and conclusive, administrative patent judges shall hold a further
hearing to render another trial decision or ruling.
(3) The grounds for cancellation by a judgment rendered under paragraph (1) shall
bind the Intellectual Property Trial and Appeal Board as regards the relevant case.
Article 170 (Lawsuit against Trial Decision or Ruling on Consideration) (1) A person
who is dissatisfied with a trial decision or ruling rendered on consideration under
Article 123 (3) may file a lawsuit with a court.
(2) A lawsuit referred to in paragraph (1) shall be filed within 30 days from the date
a certified copy of the relevant trial decision or ruling is served.
(3) The period referred to in paragraph (2) shall be a peremptory period.
법제처 73 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 171 (Defendants in Lawsuit on Consideration)
In a lawsuit filed under Article 170 on the consideration under Article 123 (3), a
non-exclusive licensee, an exclusive licensee, or a design right-holder shall be sued
as a defendant.
Article 172 (Patent Attorney’s Fee and Cost of Litigation)
The provisions of Article 109 of the Civil Procedure Act shall apply to fees payable
to patent attorneys representing either party to a lawsuit. In such cases, the term
“attorney at law” shall be construed as “patent attorney.”
CHAPTER IX INTERNATIONAL APPLICATIONS UNDER THE HAGUE AGREEMENT
CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
SECTION 1 International Applications via Korean Intellectual Property Office
Article 173 (International Applications)
A person who intends to file an application for international registration (hereinafter
referred to as “international registration”) under Article 1 (iv) of the Hague
Agreement concerning the International Registration of Industrial Designs (referring
to the treaty adopted at the Diplomatic Conference in 1999 by the World Intellectual
Property Organization; hereinafter referred to as “the Hague Agreement”) may file
an international application under Article 1 (vii) of the Hague Agreement via the
Korean Intellectual Property Office (hereinafter referred to as “international
application via the Korean Intellectual Property Office”).
Article 174 (Persons Entitled to File International Applications)
In order for a person to be entitled to file an international application via the Korean
Intellectual Property Office, he/she shall meet any of the following requirements. If
at least two persons intend to jointly file an application, each of them shall meet any
of the following requirements:
1. A national of the Republic of Korea;
2. A person domiciled in the Republic of Korea (referring to the place of business, if
an applicant is a corporation);
3. A person with an abode in the Republic of Korea, as prescribed by Ordinance of
the Ministry of Trade, Industry and Energy.
법제처 74 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 175 (Procedures for International Applications) (1) A person who intends to file
an international application via the Korean Intellectual Property Office shall submit a
written international application prepared in the manner prescribed by Ordinance of
the Ministry of Trade, Industry and Energy and the documents required for the
application (referring documents required by specific Contracting Parties to the
Hague Agreement) with the Commissioner of the Korean Intellectual Property Office.
(2) An international application shall state describe the following matters or shall be
accompanied by a statement stating such matters:
1. Claims asserted in the international application under Article 1 (vii) of the Hague
Agreement;
2. The name and domicile of the person who intends to file an International
Application via the Korean Intellectual Property Office (referring to the name and
place of business of the applicant, if the applicant is a corporation). If at least two
persons intend to jointly file an international application but their domiciles differ
and they are not represented by an agent, an address for contact shall be
additionally specified;
3. Matters specified in Article 174;
4. The States in which it is intended to have the relevant design protected (including
intergovernmental organizations under Article 1 (xii) of the Hague Agreement;
hereinafter referred to as “designated Contracting Parties”);
5. Drawings (including photographs; the same shall apply hereinafter);
6. The product or category of products in relation to which the design is to be used;
7. The payment method for fees referred to in Article 5 (1) (vi) of the Hague
Agreement;
8. Other matters specified by Ordinance of the Ministry of Trade, Industry and
Energy.
(3) If a person who intends to file an international application via the Korean
Intellectual Property Office intends to request deferment of publication under Article
5 (5) of the Hague Agreement, he/she may submit a specimen specified by
Ordinance of the Ministry of Trade, Industry and Energy in lieu of drawings, along
with the international application.
(4) A person who intends to file an international application via the Korean
Intellectual Property Office shall state the following matters in the international
법제처 75 국가법령정보센터
「DESIGN PROTECTION ACT」
application, if requested by a designated Contracting Party:
1. The name and domicile of the creator of the design;
2. Notes about drawings or characteristic features of the design;
3. The scope of claims under the design right.
Article 176 (Effective Date of Submission of International Applications and other
Documents)
An international application, documents required for the application, and documents
under Article 177 (2) shall take effect on the date the documents are delivered to
the Commissioner of the Korean Intellectual Property Office. The foregoing shall also
apply where the documents are submitted by mail.
Article 177 (Examinations of Contents, etc.) (1) The Commissioner of the Korean
Intellectual Property Office shall note the arrival date of an international application
on the international application, dispatch the international application to the
International Bureau under Article 1 (xxviii) of the Hague Agreement (hereinafter
referred to as “the International Bureau”), and send a copy of the international
application to a person who filed the international application via the Korean
Intellectual Property Office (hereafter referred to as “international applicant” in
this Article).
(2) Notwithstanding the provisions of paragraph (1), the Commissioner of the
Korean Intellectual Property Office shall submit documents necessary for the
supplementation of contents of an international application (hereafter referred to as
“replacement documents” in this Chapter) within a reasonable time specified by
him/her in any of the following cases:
1. Where the international application is not written in a language designated by
Ordinance of the Ministry of Trade, Industry and Energy;
2. Where the claims of the international application are unclearly stated;
3. Where it is impracticable to identify the international applicant because the name
of a person who filed the international application via the Korean Intellectual
Property Office is omitted or is not clearly stated;
4. Where an address for contacting the international applicant (referring to his/her
agent, if his/her agent complies with the procedure for the design) is unclearly
stated;
법제처 76 국가법령정보센터
「DESIGN PROTECTION ACT」
5. Where no drawings or specimens accompany the international application;
6. Where no designated State is indicated.
(3) If a person ordered to submit replacement documents under paragraph (2)
submits such documents within a specified period, the relevant application shall be
deemed delivered on the date the replacement documents are delivered to the
Commissioner of the Korean Intellectual Property Office.
Article 178 (Payment of Transmittal Fee) (1) A person who intends to file an
international application via the Korean Intellectual Property Office shall pay the
amount of money required for transmitting the international application and other
documents necessary for the application to the International Bureau (hereinafter
referred to as “transmittal fees”) to the Commissioner of the Korean Intellectual
Property Office.
(2) Transmittal fee, methods and deadline of the payment thereof, and other
necessary matters shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
(3) If a person who intends to file an international application via the Korean
Intellectual Property Office fails to pay the transmittal fees, the Commissioner of the
Korean Intellectual Property Office shall order the person to pay them within a
reasonable period specified by him/her.
(4) If a person ordered to pay the transmittal fees under paragraph (3) fails to pay
them within a specified period, the Commissioner of the Korean Intellectual Property
Office may declare the relevant procedure invalid.
SECTION 2 Applications for International Design Registration
Article 179 (Applications for International Design Registration) (1) An application for
international registration under Article 1 (vi) of the Hague Agreement (hereinafter
referred to as “application for international design registration”) shall be deemed
an application filed for design registration under this Act, if the application designates
the Republic of Korea as a designated State.
(2) The date of international registration under Article 10 (2) of the Hague
Agreement shall be deemed the filing date of an application for design registration
법제처 77 국가법령정보센터
「DESIGN PROTECTION ACT」
under this Act.
(3) The name and address of an international registrant (referring to the name and
place of business of the corporation, if the registrant is a corporation), the drawings,
the product or category of products in relation to which the design is to be used, the
name and address of the creator of the design, and the description of the design,
which are recorded in the International Register under Article 1 (viii) of the Hague
Agreement, shall be deemed the name and address of an applicant for design
registration (referring to the name and seat of business place of the corporation, if
the applicant is a corporation), the drawings, the product or category of products in
relation to which the design is to be used, the name and address of the creator of the
design, and the description of the design under this Act.
Article 180 (Special Provisions concerning Requirements for Design Registration)
In applying Article 33 (3) to an application for international design registration, “the
Design Gazette under Article 52, 56, or 90 (3)” in the aforesaid provisions shall be
construed as “the publication of the international registration under Article 10 (3) of
the Hague Agreement and the Design Gazette under Article 56 or 90 (3).”
Article 181 (Special Provisions concerning Applications for Design Registration) (1) In
applying this Act to applications for international design registration, the publication
of international registration shall be deemed the filing of an application for design
registration under Article 37 (1).
(2) In applying this Act to applications for international design registration, the
matters and drawings recorded in the International Register shall be deemed the
contents of an application for design registration and relevant drawings under Article
37 (1) and (2).
(3) The provisions concerning brief description of the creation in Article 37 (2) 2
and Article 37 (3) shall not apply to applications for international design registration.
Article 182 (Special Provisions concerning Filing Dates of Applications)
The provisions of Article 38 shall not apply to applications for international design
registration.
Article 183 (Withdrawal of Applications for International Design Registration or
Renunciation of Internationally Registered Design Rights Following Termination of
법제처 78 국가법령정보센터
「DESIGN PROTECTION ACT」
International Registration) (1) If the international registration fully or partially
terminates according to the recording of any change, such as the renunciation under
Article 16 (1) (iv) of the Hague Agreement or any limitation under Article 16 (1)
(v) of said Agreement, the relevant application for international design registration
shall be deemed voluntarily withdrawn, fully or partially, to the extent of such
termination, and the relevant design right internationally registered (referring to the
design right, the grant of which is registered by the applicant for the international
design registration in the Republic of Korea under Article 198 (2); the same shall
apply hereinafter) shall be deemed fully or partially renounced.
(2) Withdrawal or renunciation under paragraph (1) shall take effect on the date the
relevant change in the international registration is recorded in the International
Register.
Article 184 (Special Provisions concerning Secret Designs)
The provisions of Article 43 shall not apply to applications for international design
registration.
Article 185 (Inspection of Applications for International Design Registration subject to
Requests for Deferment of Publication of International Registration) (1) In either of
the following cases, the Commissioner of the Korean Intellectual Property Office
shall accept a request to permit the inspection of a confidential copy of an application
for international design registration under Article 10 (5) (a) of the Hague
Agreement, regarding which a request for the deferment of publication of the
international registration is filed under Article 11 of the Hague Agreement:
1. Where a party to a dispute makes a request to permit him/her to inspect the
relevant application for international design registration for administrative or
judicial proceedings concerning the entitlement of a person who has filed an
application for international design registration (hereafter referred to as “applicant
for international design registration” in this Section);
2. Where a person who has obtained consent from the international registrant
recorded in the International Register makes a request to permit an inspection.
(2) No person who inspects a confidential copy under paragraph (1) shall divulge or
misappropriate the information acquired or known to him/her by photographing or
photocopying the inspected contents without authorization.
법제처 79 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 186 (Special Provisions concerning Amendments to Applications) (1) In
applying Article 48 (1) to applications for international design registration, “any
description in a drawing or any photograph or specimen” in the aforesaid provisions
shall be construed as “any description in a drawing.”
(2) Article 48 (3) shall not apply to applications for international design registration;
(3) In applying Article 48 (4) to applications for international design registration,
“the provisions of paragraphs (1) through (3)” in the aforesaid provisions shall be
construed as “paragraphs (1) and (2)”, and “a determination to reject an
application for design registration under Article 62” as “a determination to reject
an application for design registration under Article 62 from the date the international
registration is published under Article 10 (3) of the Hague Agreement.”
(4) In applying Article 48 (5) to applications for international design registration,
“the provisions of paragraphs (1) through (3)” in the aforesaid provisions shall be
construed as “paragraphs (1) and (2)”
Article 187 (Special Provisions concerning Divided Applications) (1) In applying
Article 50 (1) to applications for international design registration, “part of an
application filed for design registration” in the aforesaid provisions shall be
construed as “part of an application filed for design registration only upon receipt of
a notice of the grounds for rejection under Article 63.”
(2) In applying Article 50 (3) to an application for international design registration,
“Article 48 (4)” in the aforesaid provisions shall be construed as “Article 186
(3).”
Article 188 (Special Provisions concerning Priority Claims under Treaty)
In applying Article 51 (4) to applications for international design registration, “the
filing date of an application for design registration” in the aforesaid provisions shall
be construed as “the date the international registration was published under Article
10 (3) of the Hague Agreement.”
Article 189 (Special Provisions concerning Publication of Applications)
The provisions of Article 52 shall not apply to applications for international design
registration.
법제처 80 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 190 (Special Provisions concerning Effects of Publication of Applications)
In applying Article 53 (1) to applications for international design registration, “the
publication of the application under Article 52” in the aforesaid provisions shall be
construed as “the publication of international registration under Article 10 (3) of the
Hague Agreement”, while “the publication of an application for design registration
under Article 52” as “the publication of international registration under Article 10
(3) of the Hague Agreement” in applying the provisions of Article 53 (2) and (6) to
applications for international design registration.
Article 191 (Special Provisions concerning Succession to Rights to Have Design
Registered) (1) In applying Article 57 (3) to applications for international design
registration, “unless a report is filed on the change of an applicant of design
registration, except conveyance by inheritance or general succession” in the
aforesaid provisions shall be construed as “unless a report is filed by an applicant
for international design registration with the International Bureau on the change of
the registrant.”
(2) Article 57 (4) and (5) shall not apply to applications for international design
registration.
(3) In applying Article 57 (6) to applications for international design registration,
“paragraphs (2) and (5)” shall be construed as “paragraph (2).”
Article 192 (Special Provisions concerning Expedited Examination)
In applying Article 61 (1) 1 to applications for international design registration, “the
publication of the application under Article 52” shall be construed as “the
publication of international registration under Article 10 (3) of the Hague
Agreement.”
Article 193 (Special Provisions concerning Decisions to Reject)
Cases specified in Article 62 (1) 2 in which an applicant is unentitled to design
registration under Article 37 (4) shall not apply to applications for international
design registration.
Article 194 (Special Provisions concerning Notification of Grounds for Rejection)
In applying Article 63 (1) to applications for international design registration, “the
applicant for design registration” in the aforesaid provisions shall be construed as
법제처 81 국가법령정보센터
「DESIGN PROTECTION ACT」
“the applicant for international design registration via the International Bureau.”
Article 195 (Special Provisions concerning Ex Officio Amendments)
The provisions of Article 66 shall not apply to applications for international design
registration.
Article 196 (Special Provisions concerning Registration Fees and Official Fees) (1) A
person who intends to renew the duration of a design right internationally registered
under Article 17 (2) of the Hague Agreement or an applicant for international design
registration shall pay the prescribed designation fees under Article 7 (1) of the
Agreement or the individual designation fees under Article 7 (2) of the Agreement to
the International Bureau according to the classification of products or category of
products prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) Matters necessary for the prescribed designation fees and individual designation
fees under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
(3) Articles 79 through 84 and 86 (excluding provisions concerning fees for a
petition for an administrative patent trial on invalidation under paragraph (1) 2) shall
not apply to applications for international design registration or an internationally
registered design right.
Article 197 (Special Provisions concerning Refund of Registration Fees and Official
Fees)
In applying Article 87 to applications for international design registration, paragraph
(1) 3 of said Article shall not apply to applications for international design
registration.
Article 198 (Special Provisions concerning Registration of Grant of Design Rights) (1)
Article 90 (2) shall not apply to applications for international design registration.
(2) When a decision is made to register a design under Article 65 in regard to an
application for international design registration, the Commissioner of the Korean
Intellectual Property Office shall register the grant of the design right.
Article 199 (Special Provisions concerning Duration of Design Rights) (1) An
internationally registered design right shall arise on the date the grant of the design
법제처 82 국가법령정보센터
「DESIGN PROTECTION ACT」
right is registered in the Republic of Korea under Article 198 (2) and shall remain
effective until the fifth anniversary of the date of the international registration under
Article 10 (2) of the Hague Agreement (hereinafter referred to as the “date of the
international registration”): Provided, That a design right, the grant of which is
registered in the Republic of Korea under Article 198 (2) according to a decision
rendered after the fifth anniversary of the date of the international registration
(hereafter referred to as “expiry date of the international registration” in this
paragraph) to register the design right, shall arise on the registration date of the
grant of the right and shall remain effective until the fifth anniversary of the expiry
date of the international registration.
(2) The duration of an internationally registered design right under paragraph (1)
may be renewed for additional five consecutive years under Article 17 (2) of the
Hague Agreement.
Article 200 (Special Provisions concerning Scope of Protection of Registered Designs)
In applying Article 93 to an internationally registered design right, the scope of
protection of the internationally registered design right shall be determined as
follows:
1. If no amendment is made under Article 48: The description recorded in the
International Register, drawings, and a description of the design;
2. If an amendment is made under Article 48: The description in the amended
application for design registration, amended drawings, and an amended description
of the design.
Article 201 (Special Provisions concerning Effects of Registration of Design Rights) (1)
The assignment of an internationally registered design right, extinguishment of an
internationally registered design right by renunciation, or renewal of the duration of
an internationally registered design right shall take effect when such event is
recorded in the International Register: Provided, That the foregoing shall not apply
where the Commissioner of the Korean Intellectual Property Office notifies the
International Bureau that the assignment of an internationally registered design right
does not take effect because the assignment contravenes the proviso to Article 96
(1) or Article 96 (2).
법제처 83 국가법령정보센터
「DESIGN PROTECTION ACT」
(2) In applying Article 98 (1) 1 to internationally registered design rights, “the
assignment (excluding conveyance by inheritance or general succession) or
extinguishment of a design right by renunciation or a limitation on the disposal of a
design right” in the aforesaid provisions shall be construed as “a limitation on the
disposal of a design right.”
(3) In applying Article 98 (2) to internationally registered design rights, “a design
right, an exclusive license” in the aforesaid provisions shall be construed as “an
exclusive license.”
Article 202 (Special Provisions concerning Renunciation of Design Rights) (1) Article
106 (1) shall not apply to internationally registered design rights.
(2) In applying Article 107 to internationally registered design rights, “a design
right, an exclusive license” in the aforesaid provisions shall be construed as “an
exclusive license.”
Article 203 (Effects of Correction of International Register, etc.) (1) If a correction to
the International Register under Article 1 (viii) of the Hague Agreement (hereafter
referred to as “correction” in this Article) is made, the relevant application for
international design registration shall remain effective as corrected.
(2) A correction shall take effect retroactively from the date of international
registration of the relevant application for international design registration.
(3) If a correction is related to a matter specified by Ordinance of the Ministry of
Trade, Industry and Energy and is notified a decision on whether to register the
relevant application for international design registration, the decision on whether to
register the application shall be deemed never made.
Article 204 (Special Provisions concerning Rights to Seek Injunction against
Infringements, etc.)
The provisions of Article 113 (2) shall not apply to internationally registered design
rights.
Article 205 (Special Provisions concerning Inspection of Documents, etc.)
In applying Article 206 (2) to applications for international design registration, “the
publication of an application under Article 52” shall be construed as “the
publication of international registration under Article 10 (3) of the Hague
법제처 84 국가법령정보센터
「DESIGN PROTECTION ACT」
Agreement.”
CHAPTER X SUPPLEMENTARY PROVISIONS
Article 206 (Inspection of Documents, etc.) (1) A person may request the
Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board to certify an application for design
registration or an administrative trial, issue a certified copy of or extract from a
document, or permit him/her to inspect or photocopy the Design Register or any
other document, as he/she requires.
(2) Upon receipt of a request under paragraph (1), the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board may determine not to permit the certification, inspection, or
photocopying of the documents relating to an application for design registration in
which the application has not been published under Article 52 and the grant of the
design right has not yet been registered, and documents that are likely to disturb
public order or morality.
Article 207 (Prohibition against Removal or Disclosure of Documents Relating to
Applications, Examinations, Trials, etc.) (1) Except in any of the following cases, an
application for design registration, the documents relating to the examination of such
application, a petition to oppose registration of a partially-examined design,
documents relating to an administrative patent trial or retrial, or the Design Register
shall be removed from the office:
1. Where an application for design registration or documents relating to the
examination of such application are removed from the office for searching for prior
designs under Article 59 (1) or (2);
2. Where an application for design registration, documents relating to the
examination of such application, a petition to oppose registration of a partially-
examined design, documents relating to an administrative patent trial or retrial, or
the Design Register are removed from the office for the entrustment of digitization
of design documents under Article 208 (2);
법제처 85 국가법령정보센터
「DESIGN PROTECTION ACT」
3. Where documents relating to an application for design registration and
examination thereof, petition to oppose registration of a partially-examined design,
or administrative patent trial, or retrial, or the Design Register are removed from
the office for the online remote service under Article 32 (2) of the Electronic
Government Act.
(2) No testimony as an expert witness or as a witness nor an answer to an inquiry
can be given with regard to an application for design registration, the examination on
such application, a case pending for an administrative patent trial or retrial, a
decision or a trial decision on whether to register a design, or a decision on any
other matter.
Article 208 (Entrustment of Digitization of Design Documents) (1) In order to
efficiently perform design-related procedures, the Commissioner of the Korean
Intellectual Property Office may perform services for digitizing applications for
design registration, documents relating to the examination of such applications,
petitions to oppose registration of partially-examined designs, or documents relating
to administrative patent trials or retrials, or the Design Register or similar services
(hereinafter referred to as “services for digitization of design documents”) by
using electronic information processing systems and applied technology for
electronic information processing systems.
(2) The Commissioner of the Korean Intellectual Property Office may entrust the
services for digitization of design documents to corporations equipped with facilities
and human resources prescribed by Ordinance of the Ministry of Trade, Industry and
Energy.
(3) No current or former executive or employee of a person to whom the services
for digitization of design documents are entrusted under paragraph (2) (hereinafter
referred to as “agency for digitizing design documents”) shall divulge or
misappropriate confidential information about the design claimed in an application for
design registration and known to him/her in the course of performing his/her duties.
(4) The Commissioner of the Korean Intellectual Property Office may digitize
applications for design registration not filed in the form of electronic document under
Article 30 (1) and other documents specified by Ordinance of the Ministry of Trade,
Industry and Energy in accordance with paragraph (1) and store such applications
법제처 86 국가법령정보센터
「DESIGN PROTECTION ACT」
and documents in the files in the electronic information processing systems used by
the Korean Intellectual Property Office and the Intellectual Property Trial and Appeal
Board.
(5) Contents stored in a file under paragraph (4) shall be deemed the same as
contents written in relevant paper documents.
(6) Methods for digitization of design documents and other matters necessary for
the services for digitization of design documents shall be prescribed by Ordinance of
the Ministry of Trade, Industry and Energy.
(7) If an agency for digitizing design documents fails to meet the standards
prescribed by Ordinance of the Ministry of Trade, Industry and Energy for facilities
and human resources under paragraph (2), the Commissioner of the Korean
Intellectual Property Office may order the agency to take a corrective measure or
may terminate entrustment, if an agency for digitizing design documents fails to
comply with an order to take the corrective measure. An agency for digitizing design
documents shall be provided with an opportunity to explain its position before issuing
such order.
Article 209 (Service of Documents)
Matters necessary for procedures for serving documents specified in this Act shall
be prescribed by Presidential Decree.
Article 210 (Service by Public Notice) (1) If it is impracticable to serve a document on
a person because of unknown whereabouts of the person, the service on the person
shall be made by public notice.
(2) Public notice in lieu of service shall be made by publishing the statement that
the relevant document is available for delivery to a person on whom it is to be served
at any time in the Design Gazette.
(3) Public notice in lieu of initial service shall take effect two weeks after the date
of publication in the Design Gazette: Provided, That public notice in lieu of
subsequent service to the same party shall take effect on the day immediately after
the date of publication in the Design Gazette.
Article 211 (Service on Non-Residents) (1) Documents to be served on an non-
resident shall be delivered to his/her design administrator, if the non-resident has a
법제처 87 국가법령정보센터
「DESIGN PROTECTION ACT」
design administrator.
(2) Documents to be served on an non-resident may be dispatched to the non-
resident by registered airmail, if the non-resident has no design administrator.
(3) If documents are dispatched by registered airmail under paragraph (2), such
documents shall be deemed served on the mailing date of the documents.
Article 212 (Design Gazette) (1) The Commissioner of the Korean Intellectual
Property Office shall publish the Design Gazette.
(2) The Design Gazette may be published in electronic media, as prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
(3) If the Design Gazette is published by an electronic medium, the Commissioner of
the Korean Intellectual Property Office shall notify the issuance of the Design
Gazette, its main contents, and matters concerning public notice in lieu of service
through the information and communications networks.
(4) Information to be published in the Design Gazette shall be prescribed by
Presidential Decree.
Article 213 (Submission of Documents)
The Commissioner of the Korean Intellectual Property Office or an examiner may
require a party to submit documents and other articles necessary for any proceeding
other than the proceedings of an administrative patent trial or retrial.
Article 214 (Indication of Design Registration)
A design right-holder or an exclusive or non-exclusive licensee may place a mark
indicating design registration on products to which the registered design is applied or
containers or packaging materials of such products.
Article 215 (Prohibition of False Indication)No person shall commit any of the following
offences:
1. Placing a mark indicating design registration or application pending for design
registration or any mark easily mistakable as such mark on a product with no
registered design or with no application for design registration or the container or
packaging materials of such product;
2. Transferring, renting, or displaying any product with a mark referred to in
subparagraph 1;
법제처 88 국가법령정보센터
「DESIGN PROTECTION ACT」
3. Placing a mark indicating design registration or application pending for design
registration for a product with no registered design or with no application for
design registration or any mark easily mistakable as such mark on an
advertisement, signboard, or tag in order to produce, use, transfer, or rent such
product.
Article 216 (Restrictions on Appeals) (1) No appeal may be filed under any other Act
against a determination to dismiss an amendment without prejudice, a determination
on whether to accept an application for design registration, a determination or a trial
decision to cancel the registration of a design, or a determination to dismiss a
petition for an administrative patent trial or retrial without prejudice, and no appeal
may be filed under any other Act against any disposition against which no appeal is
permitted under this Act.
(2) An appeal against any disposition other than the dispositions specified in
paragraph (1) shall be governed by the Administrative Appeals Act or the
Administrative Litigation Act.
Article 217 (Orders to Maintain Confidentiality) (1) If a party to a lawsuit on
infringement of a design right or an exclusive license established a prima facie case
for either of the following grounds with respect to his/her own trade secret
(referring to a trade secret defined under subparagraph 2 of Article 2 of the Unfair
Competition Prevention and Trade Secret Protection Act; the same shall apply
hereinafter), the court may order, by decision upon the party’s request, the
counterparty (the representative of the corporation, if the counterparty is a
corporation), the person representing the party for the lawsuit, and other persons
who become aware of the trade secret in the course of the lawsuit to refrain from
using the trade secret for any purpose other than the continuation of the lawsuit nor
disclose the trade secret to any person other than those to whom the aforementioned
order is issued under this paragraph: Provided, That the foregoing shall not apply
where the counterparty (the representative of the corporation, if the counterparty is
a corporation), the person representing the party for the lawsuit, or other person
who becomes aware of the trade secret in the course of the lawsuit has already
acquired the trade secret by any means other than the reading of briefs or the
examination of evidence as referred to in subparagraph 1:
법제처 89 국가법령정보센터
「DESIGN PROTECTION ACT」
1. The trade secret is stated in a brief already submitted or to be submitted or in the
evidence already examined or to be examined;
2. It is necessary to limit the use or disclosure of the trade secret to prevent the
requesting party’s business from being harmed by the possible use or disclosure
of the trade secret referred to in subparagraph 1 for any purpose other than the
proceedings of the lawsuit.
(2) A request for an order under paragraph (1) (hereinafter referred to as “order
for confidentiality”) shall be made in writing, stating the following matters therein:
1. Persons to whom the order for confidentiality shall be issued;
2. Facts sufficient to identify the trade secret to be protected by the order for
confidentiality;
3. Facts relevant to a ground specified in either subparagraph of paragraph (1).
(3) A court that decides to issue an order for confidentiality shall serve a written
decision on persons who shall comply with the order for confidentiality.
(4) An order for confidentiality shall take effect at the time a written decision under
paragraph (3) is served on persons who shall comply with the order for
confidentiality.
(5) An immediate complaint may be filed against a determination to dismiss, on the
merits or without prejudice, a request to issue an order for confidentiality.
Article 218 (Revocation of Orders of Confidentiality) (1) If any of the requirements
provided for in Article 217 (1) is not met or ceases to be met, a person who has
requested an order for confidentiality or a person who has been subjected to an
order for confidentiality may request the court in which trial records are preserved
(or the court that issued the order for confidentiality, if the trial records are not
preserved in any court) to revoke the order for confidentiality.
(2) When a court makes a decision on a request for revocation of an order for
confidentiality, it shall serve a written decision on the person who has filed the
request and the counterparty.
(3) An immediate complaint may be filed against a decision on a request for
revocation of an order for confidentiality.
(4) A decision to revoke an order for confidentiality takes effect when it becomes
final and conclusive.
법제처 90 국가법령정보센터
「DESIGN PROTECTION ACT」
(5) If any person is subject to an order for confidentiality to keep trade secret
confidential, in addition to a person who filed a request for revocation of an order for
confidentiality or the counterparty, the court that makes a decision to revoke the
order for confidentiality shall notify the person immediately of the decision to revoke
the order for confidentiality.
Article 219 (Notification, etc. of Requests for Permission for Inspection, etc. of Trial
Records) (1) If a decision under Article 163 (1) of the Civil Procedure Act was
rendered with respect to trial records concerning a lawsuit in relation to which an
order for confidentiality was issued (excluding lawsuits in which an order for
confidentiality has been revoked) and the party who has filed a request to permit the
inspection of confidential records defined under the aforesaid paragraph is not a
person subject to the order for confidentiality in the relevant lawsuit, the court
official of Grade IV, V, VI, or VII in charge (hereinafter referred to as “court
official”) shall notify the party who has filed the request under Article 163 (1) of
the Civil Procedure Act (excluding a person who filed a request for permission for
inspection; the same shall also apply in paragraph (3)) of the fact that the request
for permission for inspection was filed immediately after such request.
(2) In cases falling under paragraph (1), no court official shall permit a person who
has filed a request for permission for inspection of confidential records under
paragraph (1) to inspect such confidential records before two weeks elapse from the
filing date of the request under paragraph (1) (or before the date a decision on the
request to issue an order for confidentiality to a person who filed the request under
paragraph (1) becomes final and conclusive, if the request for the order for
confidentiality was filed before the date).
(3) Paragraph (2) shall not apply where a person who filed a request for permission
for inspection under paragraph (1) is permitted to inspect confidential records under
paragraph (1) with consent of all the parties who filed a request under Article 163
(1) of the Civil Procedure Act.
CHAPTER XI PENALTY PROVISIONS
법제처 91 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 220 (Infringements) (1) Any person who infringes a design right or an
exclusive license shall be punished by imprisonment with labor for not more than
seven years or by a fine not exceeding 100 million won.
(2) A prosecution for a crime under paragraph (1) shall be instituted only if a
criminal complaint thereof is filed.
Article 221 (Perjury) (1) Any witness, expert witness, or interpreter who makes a
false statement under oath under this Act in his/her testimony, expert opinion, or
interpretation before the Intellectual Property Trial and Appeal Board shall be
punished by imprisonment with labor for not more than five years or by a fine not
exceeding ten million won.
(2) If a person who committed a crime provided for in paragraph (1) surrenders
himself/herself to justice before a determination on whether to accept an application
for design registration or a determination or administrative ruling on a petition to
oppose registration of a partially-examined design becomes final and conclusive with
respect to the relevant case, the sentence imposed upon him/her may be mitigated or
revoked.
Article 222 (Offense of False Indication)
Any person who violates Article 215 shall be punished by imprisonment with labor
for not more than three years or by a fine not exceeding 20 million won.
Article 223 (Fraud)
Any person who obtains design registration or a trial decision by fraudulent or other
illegal means shall be punished by imprisonment with labor for not more than three
years or by a fine not exceeding 20 million won.
Article 224 (Breach of Orders for Confidentiality) (1) Any person who breaches an
order for confidentiality issued under Article 217 (1), inside or outside the Republic
of Korea, without valid cause shall be punished by imprisonment with labor for not
more than five years or by a fine not exceeding 50 million won.
(2) A prosecution for a crime under paragraph (1) shall be instituted only if a
criminal complaint thereof is filed by a person who has requested an order for
confidentiality.
법제처 92 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 225 (Offense of Divulging Secrets, etc.) (1) Any employee of the Korean
Intellectual Property Office or the Intellectual Property Trial and Appeal Board that
divulges or misappropriates confidential information which becomes known to
him/her about a design claimed in a pending application for design registration
(including designs claimed in a pending application for international design
registration, for which a request for deferment has been filed under Article 11 of the
Hague Agreement) in the course of performing his/her duties shall be punished by
imprisonment with labor for not more than five years or by a fine not exceeding 50
million won.
(2) Any employee of the Korean Intellectual Property Office or the Intellectual
Property Trial and Appeal Board that divulges confidential information which
becomes known to him/her about a secret design under Article 43 (1) in the course
of performing his/her duties shall be punished by imprisonment with labor for not
more than five years or by a fine not exceeding 50 million won.
(3) Any person who divulges information acquired or known to him/her about a
secret design by photographing or photocopying it without permission in violation of
Article 43 (5), while inspecting the confidential information under Article 43 (4),
(excluding persons specified in Article 43 (4) 4) shall be punished by imprisonment
with labor for not more than two years or by a fine not exceeding 20 million won.
(4) Any person who divulges information acquired or known to him/her about a
confidential copy by photographing or photocopying it without permission in violation
of Article 185 (2), while inspecting the confidential copy under Article 185 (1), shall
be punished by imprisonment with labor for not more than two years or by a fine not
exceeding 20 million won.
Article 226 (Legal Fiction as Public Official of Executives and Employees of Specialized
Organizations, etc.)
Any current or former employee or executive of a specialized organization referred
to in Article 59 (1) or an agency for the digitization of design documents under
Article 208 shall be deemed a current or former employee of the Korean Intellectual
Property Office for the purposes of Article 225.
Article 227 (Joint Penalty Provisions)
법제처 93 국가법령정보센터
「DESIGN PROTECTION ACT」
If the representative of a corporation or an agent, employee, or other servant of the
corporation or an individual commits an offence provided for in Article 220 (1), 222,
or 223 in connection with the business of the corporation or the individual, not only
shall such offender be punished, but also the corporation shall be punished by a fine
prescribed in either of the following subparagraph and the individual by a fine
prescribed in the relevant Article: Provided, That the foregoing shall not apply where
such corporation or individual has not been negligent in giving due attention and
supervision concerning the relevant duties to prevent such offence:
1. For a violation of Article 220 (1): A fine not exceeding 300 million won;
2. For a violation of Article 222 or 223: A fine not exceeding 60 million won.
Article 228 (Confiscation, etc.) (1) Any article made by conduct that constitutes the
infringement provided for in Article 220 (1) or any article obtained by such
infringement shall be confiscated or ordered to be delivered to the injured party upon
the injured party’s request.
(2) If an injured party accepts an article delivered under paragraph (1), he/she may
claim damages only for the portion that exceeds the value of the article among the
total amount of his/her damages.
Article 229 (Administrative Fines) (1) Any of the following persons shall be punished
by an administrative fine not exceeding 500,000 won:
1. A person who makes a false statement before the Intellectual Property Trial and
Appeal Board under oath taken under Article 299 (2) or 367 of the Civil Procedure
Act, which shall apply mutatis mutandis pursuant to Article 145;
2. A person ordered by the Intellectual Property Trial and Appeal Board to submit
or present a document or any other article in connection with the examination or
preservation of evidence, but fails to comply with the order without valid cause;
3. A person summoned by the Intellectual Property Trial and Appeal Board to
appear as a witness, expert witness, or interpreter, but fails to comply with the
summons or refuses to take oath, make statements, give a testimony or expert
opinion, or serve as an interpreter without valid cause.
(2) Administrative fines provided for in paragraph (1) shall be imposed and
collected by the Commissioner of the Korean Intellectual Property Office, as
prescribed by Presidential Decree.
법제처 94 국가법령정보센터
「DESIGN PROTECTION ACT」
ADDENDA <No. 11848, 28. May, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014: Provided, That the amended
provisions of Article 4, and Article 11 of the Addenda shall enter into force on July 1,
2013, and the amended provisions of Chapter IX (Articles 173 through 205) shall
enter into force on the date the Republic of Korea becomes bound by the Hague
Agreement.
Article 2 (General Applicability)
This Act shall apply to applications filed for design registration after this Act enters
into force.
Article 3 (Applicability to Exceptions to Expanded Prior Applications)
The amended proviso to Article 33 (3) shall apply to applications filed for design
registration after this Act enters into force.
Article 4 (Applicability to Application for Registration of Related Designs)
(1) The amended provisions of Article 35 (1) shall also apply to designs claimed as
related designs in an application filed for design registration within one year after
this Act enters into force, among designs registered before this Act enters into force
or the designs similar only to a design claimed in an application filed for design
registration before this Act enters into force.
(2) The amended provisions of Article 35 (3) shall also apply to designs claimed as
related designs in an application filed for design registration after this Act enters into
force, among designs similar only to a design for which an exclusive license was
granted before this Act enters into force.
Article 5 (Applicability to Amendments to Response to Petition for Administrative Patent
Trial)
The amended provisions of Article 48 (4) 3 shall also apply where a decision is
made after this Act enters into force to reject an application filed for design
registration before this Act enters into force.
Article 6 (Applicability to Suspension of Examination Following Determination to Dismiss
Amendments to Applications for Registration of Multiple Designs)
법제처 95 국가법령정보센터
「DESIGN PROTECTION ACT」
The amended provisions of Article 49 (3) shall also apply where a decision is made
after this Act enters into force to dismiss an amendment without prejudice with
regard to some designs claimed in an application filed for registration of multiple
designs before this Act enters into force.
Article 7 (Applicability to Ex Officio Amendments)
The amended provisions of Article 66 shall also apply where a decision is made after
this Act enters into force to accept an application filed for design registration before
this Act enters into force.
Article 8 (Applicability to Petitions to Oppose Registration of Partially-Examined Design
of Multiple Designs)
The amended provisions of Article 68 (1) shall apply to applications filed for design
registration after this Act enters into force.
Article 9 (Applicability to Late Payment, Refund, etc. of Registration Fees)
The amended provisions of Articles 84 (1) and 87 (1) 3 shall apply to applications
filed for design registration after this Act enters into force.
Article 10 (Applicability to Duration of Design Rights)
The amended provisions of Article 91 shall apply to the design right to a design
applied for and registered after this Act enters into force.
Article 11 (Applicability to Renunciation of Registered Multiple Designs)
The amended provisions of Article 105 shall also apply to design right to multiple
designs registered before this Act enters into force.
Article 12 (Applicability to Trial on Invalidation of Design Registration)
The amended provisions of Article 121 (1) shall apply to applications filed for design
registration after this Act enters into force.
Article 13 (Applicability to Trial on Confirmation of Scope of Design Right)
The amended provisions of Article 122 shall apply to applications filed for design
registration after this Act enters into force.
Article 14 (Transitional Measures concerning Persons Declared Incompetent, etc.)
The term “incompetent under the adult guardianship and quasi-incompetent under
the limited guardianship” in the amended provisions of Article 4 (1) shall be deemed
to include persons upon whom a declaration of incompetence or quasi-incompetence
remains effective under Article 2 of the Addenda to the partial amendment (Act No.
10429) to the Civil Act.
법제처 96 국가법령정보센터
「DESIGN PROTECTION ACT」
Article 15 (Transitional Measures concerning Similar Designs) Notwithstanding the
amended provisions of Articles 35, 37, 49, 54, 62, 91, 92, 96, 97, and 121
concerning related designs, designs claimed
Article 16 (Transitional Measures concerning Denial of Applications Abandoned or
Rejected Following Amendments to Former Act as Prior Application)
The former provisions (referring to Article 16 (3) of the Design Protection Act
before amended by the partial amendment (Act No. 8187)) shall apply where an
application filed for design registration before July 1, 2007 is abandoned or a
determination or ruling to reject such application becomes final and conclusive.
Article 17 (Transitional Measures concerning Publication of Applications Rejected in
Design Gazette Following Amendments to Former Act)
The provisions of Article 23-6 (corresponding to the amended provisions of Article
56 of this Act) of the partial amendment (Act. No. 8187) to the Design Protection
Act shall not apply where a decision rendered to reject an application filed for design
registration before July 1, 2007 becomes final and conclusive.
Article 18 (Transitional Measures concerning Non-Exclusive Licenses of Prior
Applications Following Amendments to Former Act)
The provisions of Article 50-2 (corresponding to the amended provisions of Article
101 of this Act) of the partial amendment (Act. No. 8187) to the Design Protection
Act shall not apply to applications filed for design registration before July 1, 2007,
even where such applications meet the requirements for a non-exclusive license
otherwise granted for prior application.
Article 19 Omitted.
Article 20 (Relationship to other Acts and Subordinate Statutes)
A citation of any provision of the former Design Protection Act by any Act or
subordinate statute in force as at the time this Act enters into force shall be deemed
a citation of the relevant provision of this Act in lieu of the former provision, if such
provisions exists herein.
ADDENDA <No. 13840, 27. Jan, 2016>
Article 1 (Enforcement Date)
법제처 97 국가법령정보센터
「DESIGN PROTECTION ACT」
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Application for Restoration of Design Right)
The amended provision of Article 84 (3) shall apply, starting with the first
applications filed for the restoration of design right after this Act enters into force.
Article 3 (Transitional Measures concerning Applications for Registration of Design Filed
by Persons Eligible for Medical Care Assistance under Article 5 of the National Basic
Living Security Act)Notw
Article 4 (Applicability to Refunds of Registration Fees)
The amended provision of Article 87 (1) 2 shall apply, starting with the first cases
where a design right is relinquished, after this Act enters into force.
Article 5 (Applicability to Cancellation of Determination to Dismiss Amendment without
Prejudice, Reject Application for Design Registration, or Revoke Design Registration)
The amended provision of Article 87 (1) 4 shall apply, starting with the first petition
for a trial (this includes petitions for a retrial; hereafter the same shall apply in the
Addenda) for which the determination to dismiss an amendment without prejudice,
reject an application for design registration, or revoke design registration is
cancelled.
Article 6 (Applicability to Dismissal without Prejudice of Petition for Trial)
The amended provision of Article 87 (1) 5 shall apply, starting with the first petition
for a trial, of which the dismissal without prejudice becomes final, after this Act
enters into force.
Article 7 (Applicability to Withdrawal of Application for Intervention)
The amended provision of Article 87 (1) 6 shall apply, starting with the first
withdrawal of an application for intervention, after this Act enters into force.
Article 8 (Applicability to Dismissal without Prejudice of Application for Intervention)
The amended provision of Article 87 (1) 7 shall apply, starting with the first
application for intervention, which is dismissed without prejudice after this Act
enters into force.
Article 9 (Applicability to Withdrawal of Petition for Trial)
The amended provision of Article 87 (1) 8 shall apply, starting with the first
withdrawal of a petition, after this Act enters into force.
법제처 98 국가법령정보센터
「DESIGN PROTECTION ACT」
ADDENDA <No. 14032, 29. Feb, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Subsequent Amendment of Procedures)
Notwithstanding the amended provisions of Article 19, former provisions shall apply
where the period for subsequent amend
법제처 99 국가법령정보센터