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Enforcement Decree of Act on the Layout-Design of Semiconductor Integrated Circuits (Presidential Decree No. 13972 of August 31, 1993, as amended up to Presidential Decree No. 23344 of December 2, 2011), Republic of Korea

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Superseded Text  Go to latest Version in WIPO Lex
Details Details Year of Version 2012 Dates Entry into force: September 1, 1993 Adopted: August 31, 1993 Type of Text Implementing Rules/Regulations Subject Matter Trade Names, Layout Designs of Integrated Circuits, Alternative Dispute Resolution (ADR), IP Regulatory Body Notes This consolidated version of the Enforcement Decree on the Semiconductor Integrated Circuits Layout Design Act incorporates all amendments from 1995 up to 2011 (see Article 28 for the latest amendment made by Presidential Decree No. 23344 of December 2, 2011).

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Main text(s) Main text(s) English Enforcement Decree of Act on the Layout-Design of Semiconductor Integrated Circuits (Presidential Decree No. 13972 of August 31, 1993, as amended up to Presidential Decree No. 23344 of December 2, 2011)        
 반도체집적회로의배치설계에관한법률시행령.hwp

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

1011 (Supp. 48)

ENFORCEMENT DECREE OF THE ACT ON THE

LAYOUT-DESIGNS OF SEMICONDUCTOR

INTEGRATED CIRCUITS

Presidential Decree No. 13972, Aug. 31, 1993

Amended by Presidential Decree No. 14700, Jul. 1, 1995

Presidential Decree No. 15598, Dec. 31, 1997

Presidential Decree No. 16045, Dec. 31, 1998

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 19507, Jun. 12, 2006

Presidential Decree No. 20345, Oct. 26, 2007

Presidential Decree No. 20729, Feb. 29, 2008

Presidential Decree No. 21369, Mar. 25, 2009

Presidential Decree No. 21901, Dec. 22, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 23344, Dec. 2, 2011

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the

Act on the Layout-Designs of Semiconductor Integrated Circuits and those

necessary for the enforcement thereof. <Amended by Presidential Decree No.

20345, Oct. 26, 2007>

Article 2 Deleted. <by Presidential Decree No. 21369, Mar. 25, 2009>

Article 3 (Justifiable Grounds for Non-Use of Layout-Designs)

(1) Justifiable ground specified by Presidential Decree in Article 13 (1)

1 of the Act on the Layout-Designs of Semiconductor Integrated Circuits

(hereinafter referred to as the Act ) shall be any of the following cases:

<Amended by Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 21369,

Mar. 25, 2009>

1. Where a person who has made registration of establishment pursuant

to Article 21 (1) of the Act and another person who has succeeded

to right from the former (hereinafter referred to as holder of a lay-

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1012(Supp. 48)

out-design right ), or an exclusive licensee under Article 11 (2) of

the Act (hereinafter referred to as exclusive licensee ), cannot use

a layout-design under subparagraph 2 of Article 2 of the Act, due to

a mental or physical disorder. In such cases, a mental or physical disorder

shall be proved by a representative of a medical institution of a hospital

level or higher under Article 3 (4) of the Medical Service Act;

2. Where a layout-design cannot be used due to the delay of permission

or authorization of an administrative agency, or consent or approval

from a third party, required for the use of layout-designs under

subparagraph 4 of Article 2 of the Act (hereinafter referred to as use

of layout-design );

3. Where a layout-design cannot be used because raw materials or

equipment necessary for using the layout-design are prohibited from

importation;

4. Where a layout-design cannot be used because it is impossible to use

the layout-design in business scale due to a lack or shortage of demand

for the use of the layout-design.

(2) Justifiable grounds in Article 13 (1) 2 of the Act means a ground

falling under any subparagraph of paragraph (1). <Amended by Presidential

Decree No. 20345, Oct. 26, 2007>

Article 4 (Application for Award)

(1) A person who intends to make an application for award (hereinafter

referred to as applicant for award ) on the establishment of a non-exclusive

license (hereinafter referred to as non-exclusive license ) under Article

12 of the Act, pursuant to Article 13 (2) or (3) of the Act, shall submit

a written application stating the following matters (hereinafter referred

to as application for award ) to the Commissioner of the Korean Intellectual

Property Office: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential

Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

1. The registration number of the layout-design right;

2. The name, address, and resident registration number of an applicant

for award (in cases of a juristic person, its trade name, seat of place

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

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of business, registration number of the juristic person and name of

its representative);

3. The name, address and resident registration number of the holder of

a layout-design right or a person who has registered an exclusive license

or non-exclusive license, or pledge under Article 16 of the Act (hereinafter

referred to as right for layout-design )(in cases of a juristic person,

its trade name, seat of place of business, registration number of the

juristic person and name of its representative);

4. Purport and reasons for the application;

5. The scope of the non-exclusive license;

6. The consideration, and methods and timing for the payment thereof.

(2) An application for award under paragraph (1) shall be accompanied

by the following documents: <Amended by Presidential Decree No. 14700, Jul.

1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>

1. Documents stating the basis for calculation of the consideration, in

consideration of the economic value of layout-design right or exclusive

license;

2. Documents proving the grounds for application.

Article 5 (Delivery of Copy, and Public Announcement, of Application for

Award)

(1) Where an application for award under Article 4 is submitted, the

Commissioner of the Korean Intellectual Property Office shall send a copy

of such application to the holder of layout-design right and a person who

has registered the right for the layout-design, and shall provide them with

an opportunity to present their opinions in writing within a prescribed

period not less than one month but not more than three months: Provided,

That in cases of an application for award under Article 13 (3) of the Act,

the procedures to present opinions in writing may be omitted. <Amended

by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31,

1998; Presidential Decree No. 20345, Oct. 26, 2007>

(2) Where a written opinion under paragraph (1) is presented, the

Commissioner of the Korean Intellectual Property Office shall send a copy

of the written opinion in writing to the applicant for award. <Amended by

Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998;

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1014(Supp. 48)

Presidential Decree No. 20345, Oct. 26, 2007>

(3) Where an application for award under Article 4 is submitted, the

Commissioner of the Korean Intellectual Property Office shall make a public

announcement of the purport in the Official Gazette or the Patent Gazette

under Article 221 of the Patent Act (hereinafter referred to as Official

Gazette, etc. ). <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential

Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

Article 6 (Abuse of Rights)

Ground prescribed by Presidential Decree in Article 13 (4) 2 of the Act

means cases falling under any of the following subparagraphs: <Amended

by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31,

1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 21369, Mar.

25, 2009>

1. Where corrective measures have been ordered by the Fair Trade

Commission pursuant to Article 24 of the Monopoly Regulation and

Fair Trade Act because the non-use of a layout-design by the holder

of the layout-design right or the exclusive licensee falls under abusive

acts under Article 3-2 of the same Act or unfair trade practices under

Article 23 of the same Act;

2. Where a layout-design is not used on a substantial business scale for

not less than two years consecutively in the Republic of Korea, or does

not meet the domestic demand in proper terms and conditions.

Article 7 (Certificate of Award)

An award under Article 13 (4) of the Act (hereinafter referred to as award )

shall be a written submission (hereinafter referred to as written award )

stating the following matters: <Amended by Presidential Decree No. 14700, Jul.

1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>

1. The serial number of the award;

2. The registration number of the layout-design right;

3. The name, address, and resident registration number of an applicant

for award (in cases of a juristic person, the trade name, seat of place

of business, registration number of the juristic person, and the name

of its representative);

4. The name, address, and resident registration number of the holder

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

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of the layout-design right and the person who has registered for the

layout-design (in cases of a juristic person, the trade name, seat of

place of business, registration number of the juristic person, and the

name of its representative);

5. The main texts of the award (including matters falling under the subpara-

graphs of Article 13 (5) of the Act);

6. The reasons for the award (including the purport and reasons for the

application for award);

7. The date of the award.

Article 8 (Service of Certified Copy of Award)

When the Commissioner of the Korean Intellectual Property Office makes

an award, he/she shall serve a certified copy of the award on the applicant

for award, the holder of the layout-design right and a person who has

registered the layout-design right, respectively. <Amended by Presidential

Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential

Decree No. 20345, Oct. 26, 2007>

Article 9 (Deposit of Consideration)

Where an applicant for award who intends to pay a consideration under

Article 13 (5) 2 of the Act falls under any of the following subparagraphs,

he/she may deposit such consideration: <Amended by Presidential Decree No.

14700, Jul. 1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>

1. Where a person who is to receive the consideration refuses or is unable

to receive it;

2. Where a lawsuit has been filed for the consideration;

3. Where a pledge has been established for the relevant layout-design

right or exclusive license: Provided, That this shall not apply where

a pledgee consents to such remuneration.

Article 10 (Procedure for Cancellation of Award)

(1) Cancellation of award under Article 15 (1) of the Act shall be made

in writing with the ground therefor clarified. <Amended by Presidential Decree

No. 20345, Oct. 26, 2007>

(2) Articles 4, 5, and 8 shall apply mutatis mutandis to the cancellation

of award under paragraph (1). In such cases, award shall be construed

as cancellation of award , application for award as application for

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

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cancellation of award , applicant for award as applicant for cancellation

of award and statement of award as statement of cancellation of award ,

respectively. <Amended by Presidential Decree No. 20345, Oct. 26. 2007>

CHAPTER Ⅱ REGISTRATION OF LAYOUT-

DESIGN RIGHTS, ETC.

Article 11 (Application for Registration of Establishment of Layout-Design

Rights)

(1) A person who intends to apply for registration of establishment of

a layout-design right pursuant to Article 19 (1) of the Act shall submit

a written application for registration of establishment stating the following

matters (hereinafter referred to as application for registration of

establishment ) to the Commissioner of the Korean Intellectual Property

Office: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree

No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

1. The applicant s name, address, and resident registration number (in

cases of a juristic person, the trade name, seat of place of business,

registration number of the juristic person, and name of its representa-

tive);

2. The date of application;

3. The date on which the layout-design was created;

4. Where activities defined in subparagraph 4 (c) of Article 2 of the Act

are committed for making profits, the date when such activity was

first committed;

5. The name, address and resident registration number of the creator

of the layout-design (in cases of a juristic person, the trade name,

seat of place of business, registration number of the juristic person,

and name of its representative);

6. Where there is an agent for application, the name, address and resident

registration number of the agent (in cases of a juristic person, the

trade name, seat of place of business, registration number of the juristic

person, and name of its representative);

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

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7. The title of the layout-design.

(2) The following materials shall be attached to a written application for

registration of establishment: <Amended by Presidential Decree No. 14700, Jul.

1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Amended by Presidential Decree

No. 20345, Oct. 26, 2007; Presidential Decree No. 20729, Feb. 29, 2008; Presidential Decree

No. 21369, Mar. 25, 2009>

1. An electronic file in the form readable by a computer on two- or three-

dimensional structure of a layout-design (hereinafter referred to as

layout-design file );

2. An explanatory note of a layout-design stating the matters prescribed

by Ordinance of the Ministry of Knowledge Economy;

3. Documents proving authority of representation when an application

for registration is made by an agent who is not the layout-design

administrator under Article 4 (1) of the Act (hereinafter referred to

as layout-design administrator );

4. A certificate of nationality if an applicant is a foreigner (documents

proving that it is a foreign juristic person if an applicant is a foreign

juristic person);

5. Documents proving the fact of succession where an applicant is a

successor of the creator of a layout-design under Article 19 (1) of the

Act.

(3) Deleted. <by Presidential Decree No. 20345, Oct. 26, 2007>

Article 12 (Rejection of Application for Registration of Establishment)

(1) Any other case prescribed by Presidential Decree, such as cases where

the applicant fails to submit accompanying documents necessary for the

application for the registration of establishment of a layout-design right

in Article 20 (1) 4 of the Act means cases falling under any of the following

subparagraphs: <Amended by Presidential Decree No. 21369, Mar. 25, 2009>

1. Where the matters to be stated under Article 11 (1) have not been

stated in a written application for registration of establishment or the

materials under Article 11 (2) have not been attached thereto;

2. Where the matters stated in a written application for registration of

establishment are inconsistent with the materials attached thereto,

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1018(Supp. 48)

or the materials attached thereto are inconsistent with one another;

3. Where an explanatory note in which the matters to be stated under

Article 11 (2) 2 are not stated been attached to a written application

for registration of establishment;

4. Where fees under Article 40 of the Act have not been paid.

(2) Where the Commissioner of the Korean Intellectual Property Office

intends to refuse an application because it falls under any subparagraph

of paragraph (1), he/she shall issue an order to the applicant to make

a correction within a prescribed period. <Amended by Presidential Decree No.

21369, Mar. 25, 2009>

(3) An applicant may correct a written application for registration of

establishment or the materials attached thereto (excluding a layout-design

file) before registration of establishment is completed: Provided, That if

orders of correction under paragraph (2) are issued, such correction may

be made only within a prescribed period.

(4) The Commissioner of the Korean Intellectual Property Office may extend

the period under paragraph (2) ex officio or at the request of a person

who has received an order to correct.

[This Article Wholly Amended by Presidential Decree No. 20345, Oct. 26, 2007]

Article 13 (Public Announcement of Registration of Establishment)

(1) Where the establishment of a layout-design has been registered pursuant

to Article 21 (1) of the Act, the Commissioner of the Korean Intellectual

Property Office shall make a public announcement thereof in the Official

Gazette, etc. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential

Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

(2) Matters to be publicly announced in the Official Gazette, etc. under

paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge

Economy. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree

No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree

No. 20729, Feb. 29, 2008>

Article 14 (Form of Original Register)

The Commissioner of the Korean Intellectual Property Office shall make

the original register of establishment of layout-design rights under Article

21 (2) of the Act (hereinafter referred to as original register ) on magnetic

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tapes, etc., and its format, records and method of filling in and kind of

annexed documents shall be prescribed by Ordinance of the Ministry of

Knowledge Economy. <Amended by Presidential Decree No. 14700, Jul. 1, 1995;

Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007;

Presidential Decree No. 20729, Feb. 29, 2008>

Article 15 (Loss of Original Register)

When the whole or part of the original register has been lost, the

Commissioner of the Korean Intellectual Property Office shall make a public

announcement that the holder of a layout-design right who has applied

for restoration of such registration within a prescribed period of not less

than three months is entitled to the same priority on the original register

granted prior to such loss. <Amended by Presidential Decree No. 14700, Jul. 1, 1995;

Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

Article 16 (Applicant for Registration)

A rightful person of registration and a responsible person for registration

shall jointly apply for registration under Article 23 (1) of the Act: Provided,

That in any of the following cases, a rightful person of registration alone

may apply for registration: <Amended by Presidential Decree No. 20345, Oct. 26,

2007>

1. Where a letter of consent of a responsible person for registration is

attached to the written application for registration concerned;

2. Where registration is made by judicial judgment, inheritance or merger.

Article 17 (Application for Registration, other than Registration of

Establishment)

(1) A person who intends to apply for registration under Articles 4 (3)

and 23 (1) of the Act shall submit a written application for registration

stating the following matters to the Commissioner of the Korean Intellectual

Property Office: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential

Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential

Decree No. 21369, Mar. 25, 2009>

1. The applicant s name, address, and resident registration number (in

cases of a juristic person, the trade name, seat of place of business,

registration number of the juristic person, and name of its representa-

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1020(Supp. 48)

tive);

2. Date of application;

3. Where there is an agent for application, the name, address and resident

registration number of the agent (in cases of a juristic person, the

trade name, seat of place of business, registration number of the juristic

person, and name of its representative);

4. Registration number of the layout-design right;

5. Reasons for registration and the date when the reasons occurred;

6. Where the purpose of registration is the right on a layout-design, the

indication of the right to be registered;

7. Where the purpose of registration is the matters on the layout-design

administrator, the name, address and resident registration number

of the layout-design administrator (in cases of a juristic person, the

trade name, seat of place of business, registration number of the juristic

person, and name of its representative) and the scope of authority

of representation.

(2) A person who intends to apply for registration of establishment of

an exclusive license or non-exclusive license shall state the following matters

in addition to those under the subparagraphs of paragraph (1): <Amended

by Presidential Decree No. 20345, Oct. 26, 2007>

1. Scope of exclusive license or non-exclusive license to be established;

2. Matters concerning the consideration or the method and timing of

payment thereof if they are prescribed in reasons for registration.

(3) A person who intends to apply for registration of transfer of an exclusive

license or non-exclusive license shall state the scope of the exclusive license

or non-exclusive license to be transferred in addition to the matters under

the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 20345,

Oct. 26, 2007>

Article 18 (Accompanying Documents)

(1) The following documents shall be attached to an application for

registration under Article 17: <Amended by Presidential Decree No. 20345, Oct.

26, 2007>

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

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1. Document proving the cause of registration;

2. Document proving the consent or permission by a third party in regard

to the cause of registration, when consent or permission is necessary:

Provided, That the document may be replaced with the signing and

sealing of the third party on the application;

3. Document proving authority of representation when the application

for registration is made by an agent who is not the layout-design

administrator;

4. A certificate of nationality if an applicant is a foreigner (documents

proving that it is a foreign juristic person if an applicant is a foreign

juristic person);

5. Deleted. <by Presidential Decree No. 21901, Dec. 22, 2009>

(2) If a document certifying the cause for registration is the enforceable

decision, the attachment of a document under paragraph (1) 2 may be

omitted. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(3) With regard to Article 17 (3), where an exclusive license or a

non-exclusive license is intended to be transferred together with business

using layout-designs, documents proving such fact shall be attached in

addition to the documents under paragraph (1). <Amended by Presidential

Decree No. 20345, Oct. 26, 2007>

Article 18-2 (Documents to be Submitted by Orders of Commissioner of

Korean Intellectual Property Office)

(1) After examining a written application for registration and accompanying

documents under Articles 17 and 18, where the Commissioner of the Korean

Intellectual Property Office deems it necessary to confirm an applicant

in detail, he/she may order the applicant to submit any of the following

documents within a fixed period:

1. Certificates concerning recording of family relations, certified copy or

extract of resident registration cards, certificate of nationality (limited

to cases where the applicant is a foreigner) and other documents

confirming the applicant;

2. Notarized certificate of the signature (in cases of a foreigner, including

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1020(Supp. 48)

a certificate issued by the public agencies in his/her mother country

certifying that the applicant has signed thereon);

3. A transcript of corporate registry where the applicant is a juristic person.

(2) Where the Commissioner of the Korean Intellectual Property Office,

in receipt of a written application for registration and accompanying

documents under Articles 17 and 18, is able to confirm any information

on the documents falling under the subparagraphs of paragraph (1) through

a joint use of administrative information under Article 36 (1) of the Electronic

Government Act, he/she may substitute the documents to be submitted

with such confirmation: Provided, That where the applicant does not consent

to the confirmation of the relevant documents (excluding a transcript of

corporate registry), the Commissioner of the Korean Intellectual Property

Office shall order the applicant to submit the relevant documents. <Amended

by Presidential Decree No. 22151, May 4, 2010>

[This Article Newly Inserted by Presidential Decree No. 21901, Dec. 22, 2009]

Article 19 (Omission of Accompanying Documents)

(1) When two or more applications for registration of establishment under

Article 11 and registration for other than establishment under Article 17

are made at the same time, if there is duplication in attached materials

or documents for each application, the submission of attached materials

or documents to one application may replace the attached materials or

documents to the other application. In such cases, such purport shall be

stated in the other application. <Amended by Presidential Decree No. 20345, Oct.

26, 2007>

(2) When making an application for registration under paragraph (1),

if any materials or documents to be attached to the relevant written

application have already been submitted and there are no changes in their

details, the submission of such materials or documents may be omitted.

In such cases, such purport shall be stated in the relevant written

application. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

Article 20 (Description of Matters concerning Extinguishment of Rights)

A person who intends to apply for registration under Article 19 (1)

(hereinafter referred to as applicant for registration ) shall, if there is

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

1021 (Supp. 48)

an agreement on the extinguishment of the right which is the purpose

of registration, enter such details in a written application. <Amended by

Presidential Decree No. 20345, Oct. 26, 2007>

Article 21 (Description of Shares, etc.)

(1) When matters concerning shares are prescribed as the joint ownership

of a layout-design right or a right for a layout-design held by not less

than two persons, an applicant for registration shall enter such shares

in a written application. The same shall also apply when an application

for registration is made for transfer of part of a layout-design right or

a right for a layout-design. <Amended by Presidential Decree No. 20345, Oct. 26,

2007>

(2) When there is a specific agreement under Article 10 (4) of the Act

(including cases where Articles 11 (6) and 12 (5) of the Act apply mutatis

mutandis) or an agreement under the proviso to Article 268 (1) of the

Civil Act as joint ownership of a layout-design right or a right for a

layout-design by not less than two persons, an applicant for registration

shall enter such matter in a written application. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

Article 22 (Attachment, etc. of Evidentiary Documents)

Where a cause of registration is inheritance or merger of juristic persons,

an applicant for registration shall attach documents proving such facts

to a written application: Provided, That where the applicant has consented

so that the Commissioner of the Korean Intellectual Property Office may

confirm the details of attached documents through joint use of the

administrative information pursuant to Article 36 (1) of the Electronic

Government Act, attached documents may be omitted. <Amended by Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 21369, Mar. 25, 2009;

Presidential Decree No. 22151, May 4, 2010>

[This Article Wholly Amended by Presidential Decree No. 19507, Jun. 12, 2006]

Article 23 (Consolidated Application)

When two or more applications for registration are made for layout-design

rights or rights for layout-designs, only one application may be made if

causes and purposes of such registration are the same. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

Article 24 (Obligee s Subrogation to Obliger)

When an application is based upon the obligee s subrogation to the obliger

pursuant to Article 404 of the Civil Act, the applicant shall submit to

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1022(Supp. 48)

the Commissioner of the Korean Intellectual Property Office a written

application stating the following matters and documents proving causes

of the subrogation attached thereto: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345,

Oct. 26, 2007>

1. The name, address, and resident registration number of the obligee

and obliger (in cases of a juristic person, its trade name, seat of place

of business, registration number of the juristic person and name of

its representative);

2. The reason for the subrogation.

Article 25 (Notification of Errors or Omissions)

If any errors or omissions are found after registration under Article 21

(1) or 23 (1) of the Act, the Commissioner of the Korean Intellectual Property

Office shall immediately notify a rightful person of registration, a responsible

person for registration and other interested persons thereof in writing. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045,

Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

Article 26 (Ex Officio Correction)

If errors or omissions under Article 25 were caused by public officials under

his/her control, the Commissioner of the Korean Intellectual Property Office

shall immediately correct registration except when there is a third party

having interest of registration, and notify a rightful person of registration

and a responsible person for registration of such purport in writing. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31,

1998; Presidential Decree No. 20345, Oct. 26, 2007>

Article 27 (Cancellation of Registered Establishment of Layout-Design

Rights)

(1) Cancellation of registered establishment of a layout-design right under

Article 24 of the Act shall be made in writing with the ground therefor

clarified. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(2) Details of cancellation of registered establishment under paragraph

(1) shall be publicly announced in the Official Gazette, etc. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

Article 28 (Cases where Applied Mutatis Mutandis by the Decree on

Registration of Patents Rights, etc.)

The provisions of Articles 4, 6 (1), 7, 8, 12 through 14, 15 (5) and (9),

17 through 19, 27 through 29, 34, and 40 through 61 of the Decree on

Registration of Patent Rights, etc. shall apply mutatis mutandis to

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

1023 (Supp. 48)

registration under Article 23 (1) of the Act. In such cases, patent rights

shall be construed as layout-design rights , patents as

layout-designs , register as layout-design register , registration

number as layout-design registration number of a layout-design right ,

exclusive license as exclusive right of use , non-exclusive license as

non-exclusive right of use , and patent trust register as layout-design

trust register

[This Article Wholly Amended by Presidential Decree No. 23344, Dec. 2, 2011]

CHAPTER Ⅲ COMMITTEE FOR

DELIBERATION AND

CONCILIATION ON

LAYOUT-DESIGNS

Article 29 (Chairperson and Vice-Chairperson)

(1) The chairperson of the Committee for Deliberation and Conciliation

on Layout-Designs under Article 25 (1) of the Act (hereinafter referred

to as the Committee ) shall take overall control over the affairs of the

Committee, and shall represent the Committee. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(2) The vice-chairperson shall assist the chairperson, and, if the

chairperson is unable to perform his/her duties due to extenuating

circumstances, the vice-chairperson shall act on behalf of the chairperson. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

Article 30 (Convocation of Meetings and Quorum)

(1) The chairperson shall convene a meeting of the Committee and preside

over it.

(2) When the chairperson intends to convene a meeting of the Committee

(hereinafter referred to as meeting ), he/she shall notify deliberators

and conciliators under Article 25 (2) of the Act (hereinafter referred to

as committee member ) of the date and time and venue of the meeting

and of issues to be deliberated or conciliated in the meeting by at least

five days before the meeting: Provided, That the same shall not apply

when the meeting shall be urgently convened or an extenuating circumstance

exists. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(3) The Committee shall commence a meeting with the attendance of not

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1024(Supp. 48)

less than two-thirds of current committee members including the

chairperson and shall pass resolutions by a concurrent vote of a majority

of those present. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(4) No committee member shall participate in deliberation or conciliation

of a case in which he/she has a direct interest.

Article 31 (Allowances and Travel Expenses)

Committee members and expert witnesses participating in a meeting may

receive allowances and travel expenses within budget limits: Provided,

That no allowance shall be paid to a committee member who is a public

official participating in a meeting in direct connection with his/her duties. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

Article 32 (Procedure for Conciliation)

(1) A person who intends to apply for conciliation pursuant to Article

27 (1) of the Act, shall submit a written application for conciliation to

the Committee, as determined by the Committee. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(2) When the chairperson has received a written application for conciliation

under paragraph (1), he/she shall refer such application to the conciliation

panel (hereinafter referred to as conciliation panel ) under Article 28

of the Act. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(3) The conciliation panel, in receipt of a written application for conciliation

under paragraph (2), shall provide parties, their agents or other interested

parties with an opportunity to state their opinions, and may consider the

opinions of relevant experts. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(4) The conciliation panel may prepare a proposal of conciliation, present

it to the parties concerned, and recommend them to accept it.

(5) If conciliation is concluded pursuant to Article 29 (1) of the Act, the

Committee shall report it without delay to the Commissioner of the Korean

Intellectual Property Office, and shall manage and preserve a protocol

and other records concerning such conciliation. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

Article 33 (Executive Secretary and Clerical Staff Members)

(1) The Committee shall have one executive secretary and a few clerical

staff members. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

(2) The Commissioner of the Korean Intellectual Property Office shall

appoint the executive secretary and clerical staff members from among

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

1025 (Supp. 48)

public officials in charge of layout-design registration of establishment

under Article 21 of the Act. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

(3) The executive secretary shall manage the general affairs of the Com-

mittee in accordance with orders issued by the chairperson and shall be

assisted by clerical staff members.

Article 34 (Detailed Operation Regulations)

Matters necessary for the operation of the Committee, other than those

prescribed by this Decree, shall be determined by the chairperson through

resolution by the Committee. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 20345, Oct. 26, 2007>

CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS

Article 35 (Certificate of Layout-Design Registration)

The following matters shall be stated in a certificate of layout-design

registration under Article 21 (3) of the Act (hereinafter referred to as

certificate of layout-design registration ): <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 20729, Feb. 29, 2008>

1. The holder of a layout-design right;

2. The registration number and registration date of a layout-design right;

3. Other matters prescribed by Ordinance of the Ministry of Knowledge

Economy.

Article 36 (Perusal, etc. of Original Register)

(1) If there is a request falling under any of the following subparagraphs

pursuant to Article 21 (4) of the Act, the Commissioner of the Korean

Intellectual Property Office shall promptly comply with such request unless

any extraordinary ground exists otherwise: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>

1. Request for a certified copy or an extract of the original register;

2. Request for perusal or reproduction of a certificate of layout-design

registration, a written application for registration of establishment or

a written application for registration under Article 17 and materials

and documents attached thereto: Provided, That only a holder of a

layout-design right may request perusal or reproduction of a certificate

of layout-design registration or a layout-design file.

ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS

1026(Supp. 48)

(2) Perusal under paragraph (1) shall be made in a designated place in

the presence of the public official concerned. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>

Article 37 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997>

Article 38 Deleted. <by Presidential Decree No. 16045, Dec. 31, 1998> Article 39 (Administration of Layout-Design Files)

The Commissioner of the Korean Intellectual Property Office shall keep

layout-design files submitted pursuant to Article 11 (2) in custody so that

confidentiality may be maintained and take necessary measures for security. [This Article Newly Inserted by Presidential Decree No. 20345, Oct. 26, 2007]

ADDENDA

(1) (Enforcement Date) This Decree shall enter into force on September

1, 1993.

(2) (Provisions on Enforcement Date of the Act on Layout-Designs of

Semiconductor Integrated Circuits) Under paragraph (1) of the Addenda,

the Act on the Layout-Designs of Semiconductor Integrated Circuits (Act

No. 4526) shall enter into force on September 1, 1993.

ADDENDUM <Presidential Decree No. 14700, Jul. 1, 1995>

This Decree shall enter into force on July 1, 1995.

ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>

This Decree shall enter into force on January 1, 1998.

ADDENDUM <Presidential Decree No. 16045, Dec. 31, 1998>

This Decree shall enter into force on January 1, 1999.

ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>

This Decree shall enter into force on the date of its promulgation.

ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>

This Decree shall enter into force on the date of its promulgation.

ADDENDA <Presidential Decree No. 20345, Oct. 26, 2007>

Article 1 (Enforcement Date)

제26편 상업․무역․공업 반도체집적회로의 배치설계에 관한 법률 시행령

1027(~1030) (Supp. 48)

This Decree shall enter into force on October 28, 2007. Article 2 (Applicability to Application, etc. for Registration of Creation

of Layout-Design Rights)

Parts concerning layout-design files of the amended provisions of Articles

11, 12 and 36 shall apply beginning from the first application for registra-

tion of establishment of a layout-design right made after 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.

ADDENDA <Presidential Decree No. 21369, Mar. 25, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on March 27, 2009. Article 2 (Applicability)

The amended provision of the proviso to Article 22 shall apply beginning

with the first application for registration after this Decree enters into

force.

ADDENDUM <Presidential Decree No. 21901, Dec. 22, 2009>

This Decree shall enter into force on the date of its promulgation.

ADDENDA <Presidential Decree No. 22151, May 4, 2010>

Article 1 (Enforcement Date)

This Decree shall enter into force on May 5, 2010.

Articles 2 through 4 Omitted.

ADDENDA <Presidential Decree No. 23344, Dec. 2, 2011>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2012.

Articles 2 through 5 Omitted.


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