Wholly Amended by Presidential Decree No. 13080, Aug. 28, 1990
Amended by Presidential Decree No. 13746, Oct. 27, 1992 Presidential Decree No. 13870, Mar. 6, 1993 Presidential Decree No. 14060, Dec. 31, 1993 Presidential Decree No. 15011, Jun. 3, 1996 Presidential Decree No. 15577, Dec. 31, 1997 Presidential Decree No. 17248, Jun. 27, 2001 Presidential Decree No. 18312, Mar. 17, 2004 Presidential Decree No. 18903, Jun. 30, 2005 Presidential Decree No. 20126, Jun. 28, 2007 Presidential Decree No. 20729, Feb. 29, 2008
Article 1 (Purpose) The purpose of this Decree is to provide matters delegated by the Design Protection Act and other matters to implement such delegated matters. <Amended by Presidential Decree No. 18903, Jun. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 17248, Jun. 27, 2001]
Article 1-2 (Design Gazette)
(1) The Design Gazette as prescribed by Article 78 (4) of the Design Protection Act (hereinafter referred to as the “ Act” ) shall be classified into a Gazette for Examined Design Registration, a Gazette for Non-Examined Design Registration, and a Gazette for Public Design. <Amended
by Presidential Decree No. 15577, Dec. 31, 1997; Presidential Decree No. 18903, Jun. 30, 2005>
(2) The Gazette for Examined Design Registration shall include the following matters: Provided, That for the secret design under Article 13 of the Act, matters referred to in subparagraphs 7 through 9 shall be inserted at the expiration of the secret period requested by an applicant for the design registration: <Amended by Presidential Decree No. 15577, Dec. 31,
1997; Presidential Decree No. 17248, Jun. 27, 2001; Presidential Decree No. 18903, Jun. 30, 2005>
1. Name and address of the owner of the design right (in case of a cor
poration, referring to its title and the location of business place); 1-2. Purport (limited to the case of a partial design) that it is a registration of the design concerning part of the articles (hereinafter referred to as the “ partial design” );
(3) The Gazette for Non-Examined Design Registration shall include the following matters: Provided, That for the secret design under Article 13 of the Act, matters listed in subparagraphs 7 through 9 shall be inserted at the expiration of a secret period requested by an applicant for the design registration: <Newly Inserted by Presidential Decree No. 15577, Dec. 31,
1997; Presidential Decree No. 17248, Jun. 27, 2001; Presidential Decree No. 18903, Jun. 30, 2005; Presidential Decree No. 20126, Jun. 28, 2007>
(4) With respect to applications for design registration accompanied by a request for laying open pursuant to Article 23-2 (2) of the Act and applications for design registration for which a decision to refuse or a trial decision with a purport of refusal has become final and conclusive pursuant to the main text of Article 23-6 of the Act, the following matters shall be inserted into the Gazette for Public Designs: <Amended by Presi
dential Decree No. 15577, Dec. 31, 1997; Presidential Decree No. 17248, Jun. 27, 2001; Presidential Decree No. 18903, Jun. 30, 2005; Presidential Decree No. 20126, Jun. 28, 2007>
2-2. Fact that a decision to refuse all applications for design registration at issue has been made or a trial decision with a purport of refusing such applications has become final and conclusive on the ground that 2 or more applicants, each of whom filed an application for registration of an identical or similar design on the same date, failed, or were unable, to reach an agreement (applicable only where inserted pursuant to Article 23-6 of the Act);
[This Article Wholly Amended by Presidential Decree No. 15011, Jun. 3, 1996]
Article 1-3 (Notification in Case of Non-Publication of Application)
Where the Commissioner of the Korean Intellectual Property Office does not lay open any application under the proviso of Article 23-2 (2) of the Act, he shall notify an applicant for the design registration of the gist and reason. <Amended by Presidential Decree No. 18903, Jun. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 15011, Jun. 3, 1996]
Article 2 (Imposition of Fine for Negligence)
desires to impose a fine for negligence under paragraph (1), he shall give a person who is subject to the disposition of the fine for negligence an opportunity to state his opinion orally or in writing (including electronic documents) within a fixed period of ten or more days. In this case, if the said person fails to state his opinion by the designated time without any justifiable reason, he shall be considered to have no opinion. <Amended
by Presidential Decree No. 18312, Mar. 17, 2004>
Presidential Decree No. 17248, Jun. 27, 2001; Presidential Decree No. 20729, Feb. 29, 2008> [This Article Newly Inserted by Presidential Decree No. 13746, Oct. 27, 1992]
Article 3 (Application Mutatis Mutandis)
Presidential Decree No. 18903, Jun. 30, 2005>
ADDENDUM
This Decree shall enter into force on September 1, 1990.
ADDENDUM <Presidential Decree No. 13746, Oct. 27, 1992>
This Decree shall enter into force on November 1, 1992.
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 14060, Dec. 31, 1993>
This Decree shall enter into force on January 1, 1994.
ADDENDUM <Presidential Decree No. 15011, Jun. 3, 1996>
This Decree shall enter into force on July 1, 1996.
ADDENDUM <Presidential Decree No. 15577, Dec. 31, 1997>
This Decree shall enter into force on March 1, 1998.
ADDENDUM <Presidential Decree No. 17248, Jun. 27, 2001>
This Decree shall enter into force on July 1, 2001.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18903, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005. Article 2 Omitted.
ADDENDA <Presidential Decree No. 20126, Jun. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007.
Article 2 (Applicability to Insertion into Design Gazette)
The provision of Article 1-2 (4) 2-2 as amended shall be applicable to the applications for design registration in which a decision to refuse or a trial decision with a purport of refusal becomes final and conclusive pursuant to the latter sentence of Article 16 (2) of the Act on or after the date when this Decree enters into force.
ADDENDA <Presidential Decree No. 20729, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted.