À propos de la propriété intellectuelle Formation en propriété intellectuelle Respect de la propriété intellectuelle Sensibilisation à la propriété intellectuelle La propriété intellectuelle pour… Propriété intellectuelle et… Propriété intellectuelle et… Information relative aux brevets et à la technologie Information en matière de marques Information en matière de dessins et modèles industriels Information en matière d’indications géographiques Information en matière de protection des obtentions végétales (UPOV) Lois, traités et jugements dans le domaine de la propriété intellectuelle Ressources relatives à la propriété intellectuelle Rapports sur la propriété intellectuelle Protection des brevets Protection des marques Protection des dessins et modèles industriels Protection des indications géographiques Protection des obtentions végétales (UPOV) Règlement extrajudiciaire des litiges Solutions opérationnelles à l’intention des offices de propriété intellectuelle Paiement de services de propriété intellectuelle Décisions et négociations Coopération en matière de développement Appui à l’innovation Partenariats public-privé Outils et services en matière d’intelligence artificielle L’Organisation Travailler avec nous Responsabilité Brevets Marques Dessins et modèles industriels Indications géographiques Droit d’auteur Secrets d’affaires Académie de l’OMPI Ateliers et séminaires Application des droits de propriété intellectuelle WIPO ALERT Sensibilisation Journée mondiale de la propriété intellectuelle Magazine de l’OMPI Études de cas et exemples de réussite Actualités dans le domaine de la propriété intellectuelle Prix de l’OMPI Entreprises Universités Peuples autochtones Instances judiciaires Ressources génétiques, savoirs traditionnels et expressions culturelles traditionnelles Économie Égalité des genres Santé mondiale Changement climatique Politique en matière de concurrence Objectifs de développement durable Technologies de pointe Applications mobiles Sport Tourisme PATENTSCOPE Analyse de brevets Classification internationale des brevets Programme ARDI – Recherche pour l’innovation Programme ASPI – Information spécialisée en matière de brevets Base de données mondiale sur les marques Madrid Monitor Base de données Article 6ter Express Classification de Nice Classification de Vienne Base de données mondiale sur les dessins et modèles Bulletin des dessins et modèles internationaux Base de données Hague Express Classification de Locarno Base de données Lisbon Express Base de données mondiale sur les marques relative aux indications géographiques Base de données PLUTO sur les variétés végétales Base de données GENIE Traités administrés par l’OMPI WIPO Lex – lois, traités et jugements en matière de propriété intellectuelle Normes de l’OMPI Statistiques de propriété intellectuelle WIPO Pearl (Terminologie) Publications de l’OMPI Profils nationaux Centre de connaissances de l’OMPI Série de rapports de l’OMPI consacrés aux tendances technologiques Indice mondial de l’innovation Rapport sur la propriété intellectuelle dans le monde PCT – Le système international des brevets ePCT Budapest – Le système international de dépôt des micro-organismes Madrid – Le système international des marques eMadrid Article 6ter (armoiries, drapeaux, emblèmes nationaux) La Haye – Le système international des dessins et modèles industriels eHague Lisbonne – Le système d’enregistrement international des indications géographiques eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Médiation Arbitrage Procédure d’expertise Litiges relatifs aux noms de domaine Accès centralisé aux résultats de la recherche et de l’examen (WIPO CASE) Service d’accès numérique aux documents de priorité (DAS) WIPO Pay Compte courant auprès de l’OMPI Assemblées de l’OMPI Comités permanents Calendrier des réunions WIPO Webcast Documents officiels de l’OMPI Plan d’action de l’OMPI pour le développement Assistance technique Institutions de formation en matière de propriété intellectuelle Mesures d’appui concernant la COVID-19 Stratégies nationales de propriété intellectuelle Assistance en matière d’élaboration des politiques et de formulation de la législation Pôle de coopération Centres d’appui à la technologie et à l’innovation (CATI) Transfert de technologie Programme d’aide aux inventeurs WIPO GREEN Initiative PAT-INFORMED de l’OMPI Consortium pour des livres accessibles L’OMPI pour les créateurs WIPO Translate Speech-to-Text Assistant de classification États membres Observateurs Directeur général Activités par unité administrative Bureaux extérieurs Avis de vacance d’emploi Achats Résultats et budget Rapports financiers Audit et supervision
Arabic English Spanish French Russian Chinese
Lois Traités Jugements Parcourir par ressort juridique

République de Corée

KR230

Retour

Industrial Design Protection Act (Act No. 951 of December 31, 1961, as amended up to Act No. 12288 of January 21, 2014)



DESIGN PROTECTION ACT

Wholly Amended by Act No. 11848, May 28, 2013

Amended by Act No. 11962, Jul. 30, 2013

Act No. 12288, Jan. 21, 2014

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the development of industries by promoting the

protection and use of designs and encouraging the creation of 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 typefaces; the same shall apply hereinafter],

which invokes the sense of beauty through visual perception;

2. The term "typeface" 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 examined design registration or partially-

examined design registration;

5. The term "examined design registration" means that an application for design registration is

registered only when the application successfully passes an examination on whether it meets

all requirements for design registration;

6. The term “partially-examined design registration” means that a design is registered if an

application successfully passes an examination on whether it meets only some of the

requirements for design registration;

7. The term "using of a design" means producing, making, assigning, renting, exporting, or

importing an article that involves a design or offering to assign or rent such an article

(including displaying an article for assigning or renting; the same shall apply hereinafter).

Article 3 (Persons Eligible for Design Registration)

(1) A person who creates a design or such person’s successor shall have a right to have the design

registered in accordance with provisions of this Act: Provided, That no employee of the Korean

Intellectual Property Office or the Intellectual Property Tribunal shall have any design

registered while he/she is in service, except for a registered design acquired by inheritance or

bequest.

(2) If two or more persons jointly create a design, the persons shall jointly have the right to have

the design registered.

Article 4 (Legal Capacity of Minors, etc.)

(1) Neither a minor nor a 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 conduct a legal act independently.

(2) A legal representative under paragraph (1) may initiate a procedure for a petition to object to

partially-examined design registration 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 a representative or an administrator already

appointed, such association or foundation may become a petitioner for objection to partially-

examined design registration 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 Overseas Residents)

(1) A person who has neither a domicile nor a place of business in the Republic of Korea

(hereinafter referred to as “overseas resident”) may 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 overseas resident’s designs and has a domicile or place of business in the

Republic of Korea (hereinafter referred to as “design administrator”), except when the overseas

resident (or the representative of the overseas resident, if the overseas 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 power delegated to him/her.

Article 7 (Scope of Power of Attorney)

An agent (including a design administrator; the same shall apply hereinafter) to whom power of

attorney is granted by a person who has a domicile or place of business in the Republic of Korea

shall not conduct 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 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 power to act as a legal representative

by or a person who has a defect in his/her power of attorney, 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 (Survival of Power of Attorney)

The power of attorney granted to an agent by a person who initiates a design-related procedure

shall survive even after the occurrence of any of the following events:

1. The principal’s death or loss of legal capacity;

2. The principal’s disappearance as a consequence of a merger, if the principal is a corporation;

3. The termination of the principal’s duty as a trustee;

4. The legal representative’s death or loss of legal capacity;

5. The termination of, or a change in, the legal representative’s power of attorney.

Article 11 (Independence of Representation)

If a person who initiates a design-related procedure is represented by two or more 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 Tribunal.

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 “presiding judge”) finds that

a person who initiates a design-related procedure is unable to properly carry out the procedure

or to make oral arguments in oral hearings or is incompetent for initiating 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 presiding judge finds that

an agent who initiates a design-related procedure is unable to properly carry out the procedure

or to make oral arguments in oral hearings or is incompetent for initiating the procedure on any

other ground, he/she may issue an order to replace the agent with another person.

(3) In cases of paragraph (1) or (2), the Commissioner of the Korean Intellectual Property Office or

a presiding judge may order a patent attorney to represent the person.

(4) When the Commissioner of the Korean Intellectual Property Office or a presiding 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 that the person who initiated the procedure

under paragraph (1) or the agent under paragraph (2) has formerly undergone before the

Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal, upon receipt of a request from the person who carries on the design-related

procedure.

Article 13 (Representation of Two or More Persons)

(1) Where two or more persons jointly carry on a design-related procedure, each of them shall

represent all of them, 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 Tribunal on the

appointment, the representative shall represent all of them:

1. Abandonment or withdrawal of an application for design registration;

2. Withdrawal of an application;

3. Withdrawal of a petition;

4. Request for the publication of an application under Article 52;

5. Petition for an administrative patent trial under Article 119 or 120.

(2) When a report is filed in accordance with the proviso to paragraph (1), the appointment of the

representative shall be proved in writing.

Article 14 (Application Mutatis Mutandis of the Civil Procedure Act)

Except as otherwise provided for expressly 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 Overseas Residents)

If an overseas resident has a design administrator already appointed 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 under 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 overseas resident has no design administrator.

Article 16 (Calculation of Period)

The 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 at 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 the period in the last month

or year: Provided, That if a period is counted by 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 is Saturday or an official holiday

(including the Workers' Day under the Designation of Workers' Day Act), the period shall

expire on the day immediately following the Saturday or official holiday.

Article 17 (Extension of Period, etc.)

(1) The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal may, upon request or ex officio, extend the period for amending reasons, etc.

in filing a petition to object to partially-examined design registration under Article 69 or the

period for filing a petition for an administrative patent trial under Article 119 or 120 only once

by not more than 30 days: Provided, That the number of extensions and the period of extension

may be additionally increased or extended for a person from a remote and hardly accessible 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 Tribunal, a presiding judge, or an examiner defined under Article 58

(hereinafter referred to as “examiner”) specifies the 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 the interests of interested parties involved in the procedure

shall not be unfairly jeopardized when he/she makes a decision on whether to reduce or extend a

period.

(3) When a presiding 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 Procedure)

(1) If a person who has been 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 Tribunal may invalidate the

procedure.

(2) If the Commissioner of the Korean Intellectual Property Office or the President of the

Intellectual Property Tribunal invalidates a design-related procedure under paragraph (1) but

finds that the invalidation results from an event or cause not attributable to the person who has

been ordered to amend the procedure but fails to amend it within the specified period, he/she

may revoke the invalidation within two months after the event or cause terminates, upon receipt

of a request from the person who has been ordered to amend the procedure: Provided, That the

foregoing shall not apply to cases 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 Tribunal invalidates a procedure under paragraph (1) or revokes

invalidation under the body of paragraph (2), he/she shall give notice of the disposition to the

person who has been ordered to amend the procedure.

Article 19 (Subsequent Amendment of Procedure)

If a person who initiated a design-related procedure fails to complete the procedure within the

period specified in any of the following subparagraphs due to an event or cause for which he/she is

not liable, he/she may subsequently amend the procedure within 14 days 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.

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 trial under Article 160.

Articles 20 (Transfer of Effect of Procedure)

The effect of a procedure carried out with respect to a design right or any other right relating to a

design shall be transferred to the successor to the design right or the relevant right relating to the

design.

Articles 21 (Continuation of Procedure)

Where a design right or any other right relating to a design is transferred while a design-related

procedure is pending in the Korean Intellectual Property Office or in the Intellectual Property

Tribunal, the Commissioner of the Korean Intellectual Property Office or the presiding judge may

permit 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 Tribunal shall be interrupted: Provided, That the

foregoing shall not apply where an agent has been authorized to continue the procedure:

1. If a party is dead;

2. If a corporation involved as a party ceases to exist as a consequence of a merger;

3. If a party loses the capacity for carrying out the procedure;

4. If a party’s legal representative is dead or forfeits 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) is dead 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 is dead.

Article 23 (Resumption of Interrupted Procedure)

If a procedure pending in the Korean Intellectual Property Office or in the Intellectual Property

Tribunal is interrupted under Article 22, any of the following persons shall resume the procedure:

1. In cases of 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

resume the procedure during the period in which an heir may renounce inheritance;

2. In cases of subparagraph 2 of Article 22: The corporation established as a consequence of a

merger or the corporation surviving a merger;

3. In cases of subparagraph 3 or 4 of Article 22: The party whose capacity for carrying out the

procedure is reinstated or a person who becomes the legal representative;

4. In cases of subparagraph 5 of Article 22: The new representative;

5. In cases of subparagraph 6 of Article 22: The new representative or either party;

6. In cases of subparagraph 7 of Article 22: A person who has the same qualification.

Article 24 (Application for Resumption)

(1) The resumption of a procedure interrupted under Article 22 may be applied for by a person

specified in any subparagraph of Article 23. The adverse party in such cases may request the

Commissioner of the Korean Intellectual Property Office or administrative patent judges under

Article 130 (hereinafter referred to as “administrative patent judges”) to order the person

specified in any subparagraph of Article 23 to file an application for resumption.

(2) Upon receipt of an application for the resumption of an interrupted procedure under Article 22,

the Commissioner of the Korean Intellectual Property Office or the presiding judge shall notify

the other party thereof.

(3) If the Commissioner of the Korean Intellectual Property Office or a presiding judge finds, as a

result of investigations conducted by him/her ex officio, that an application filed for the

resumption of an interrupted procedure under Article 22 is groundless, he/she shall make a

decision to dismiss the application.

(4) If a person specified in any subparagraph of 23 does not resume an interrupted procedure, the

Commissioner of the Korean Intellectual Property Office or the presiding judge shall order the

person to resume the procedure within the period specified by him/her ex officio.

(5) If a person who has been ordered to resume a procedure under paragraph (4) does not resume

the procedure within the 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 resumed under paragraph (5), the Commissioner of the Korean

Intellectual Property Office or the presiding judge shall notify the parties to the case thereof.

Article 25 (Suspension of Procedure)

(1) If the Commissioner of the Korean Intellectual Property Office or an administrative patent

judge is unable to perform his/her duties due to a natural disaster or other extenuating

circumstances, the procedure pending in the Korean Intellectual Property Office or in the

Intellectual Property Tribunal shall be suspended until such event or cause terminates.

(2) If either party is unable to resume a procedure pending in the Korean Intellectual Property

Office or in the Intellectual Property Tribunal due to a disability, the Commissioner of the

Korean Intellectual Property Office or the competent administrative patent judge may make a

decision to issue an order to suspend the procedure until the disability is eliminated.

(3) The Commissioner of the Korean Intellectual Property Office or an administrative patent judge

may revoke a decision made under paragraph (2).

(4) When the Commissioner of the Korean Intellectual Property Office or a presiding judge

suspends a procedure under paragraph (1) or (2) or revokes a decision under paragraph (3),

he/she shall notify each party thereof.

Article 26 (Effect of Interruption or Suspension)

When a design-related procedure is interrupted or suspended, the running of a term shall be

interrupted, and the entire term shall start to run again from the time when the resumption of the

procedure is notified or when the procedure is continued.

Article 27 (Foreigners’ Legal Capacity to Hold Rights)

No foreigner, among overseas residents, shall enjoy a design right or any other right relating to a

design, except in any of the following cases:

1. Where the country to which a foreigner belongs allows nationals of the Republic of Korea to

enjoy a design right or any other right relating to a design under the same terms and

conditions as those applicable to the nationals of the country;

2. Where the country to which a foreigner belongs allows nationals of the Republic of Korea to

enjoy a design right or any 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 any other right relating to a design;

3. Where a foreigner is allowed to enjoy a design right or any other right relating to a design

under a treaty or any arrangement equivalent to a treaty (hereinafter referred to as "treaty").

Article 28 (Effective Dates of Submitted Documents)

(1) An application, a petition, or any 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 Tribunal 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 Tribunal.

(2) An application, a petition, or any other document under paragraph (1), if filed with the

Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal by mail, shall be deemed delivered to the Commissioner of the Korean

Intellectual Property Office or the President of the Intellectual Property Tribunal on the date

specified in either of the following subparagraphs: Provided, That documents for applying for

the registration of a design right or any other right relating to a design shall take effect on the

date it is delivered to the Commissioner of the Korean Intellectual Property Office or the

President of the Intellectual Property Tribunal, 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 not clear: The date proved by

the receipt of the postal article.

(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the

submission of documents in cases where the delivery of a postal article is delayed, a postal

article is lost, or postal services are interrupted shall be prescribed by Ordinance of the Ministry

of Trade, Industry and Energy.

Article 29 (Entry of Identification Number)

(1) A person who initiates a design-related procedure shall apply for the grant of his/her own

identification number to the Commissioner of the Korean Intellectual Property Office or the

President of the Intellectual Property Tribunal, 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 Tribunal shall grant an

identification number to the applicant and notify the applicant thereof.

(3) The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual

Property Tribunal shall grant an identification number to a person who does not apply for

his/her own identification number in accordance with paragraph (1) and shall notify the person

thereof.

(4) A person who has his/her own identification number granted under paragraph (2) or (3) shall

enter the identification number in the documents specified by Ordinance of the Ministry of

Trade, Industry and Energy, when he/she carries out a design-related procedure. In such cases,

the entry of his/her domicile (or the place of business, if such person is a corporation) in such

documents may be omitted, notwithstanding provisions of this Act or any order issued under

this Act.

(5) The provisions of paragraphs (1) through (4) shall apply to an agent for a person who carries

out a design-related procedure.

(6) Matters concerning the application for granting an identification number and the grant and

notification of an identification number 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 Document)

(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 Tribunal in

accordance with this Act, into electronic documents by the 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 an optical disk.

(2) Electronic documents submitted in accordance with paragraph (1) shall be as valid as paper

documents submitted in accordance with this Act.

(3) An electronic document submitted via an information and communications network in

accordance with paragraph (1) shall be deemed received with the contents recorded in a file

stored in the electronic information processing system that the Korean Intellectual Property

Office or the Intellectual Property Tribunal uses for the receipt of documents 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 may be submitted in the form of electronic document under

paragraph (1), the method of submission, and other matters necessary for the submission of

documents in the form of electronic document 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 carry out 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 Tribunal 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 Tribunal so that the person who submits the

document can be identified.

(2) An electronic document submitted in accordance with Article 30 shall be deemed submitted by

the person whose digital signature under paragraph (1) is affixed thereon.

(3) Matters necessary for the procedure for reporting the use of electronic documents under

paragraph (1), the method of affixing a digital signature, etc. shall be prescribed by Ordinance

of the Ministry of Trade, Industry and Energy.

Article 32 (Notification, etc. via Information and Communication Networks)

(1) If the Commissioner of the Korean Intellectual Property Office, the President of the Intellectual

Property Tribunal, a presiding judge, an administrative patent judge, a presiding examiner

appointed under Article 70 (3) (hereinafter referred to as “presiding examiner”), or an examiner

intends to give a 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 that the Korean Intellectual

Property Office or the Intellectual Property Tribunal uses for dispatching 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 that may be used for an industrial purpose is eligible for design registration, except in

any of the following cases:

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 paragraph (1), a design (excluding the designs specified in any subparagraph

of paragraph (1)) that could have been easily created by a person who has ordinary skills in the

art to which the design pertains by applying any of the following methods before an application

for design registration is filed shall not 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 paragraph (1), a design for which an application for design registration is filed

is not eligible for design registration, if the design is identical with 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), which has been

published in the Design Gazette under Article 52, 56, or 90 (3) after the application for the

registration of the relevant design was filed, or expressed in a drawing, a photograph, or a

sample accompanying such application: Provided, That the foregoing shall not apply where the

applicant for the registration of the relevant design and the applicant for the applicant for the

registration of another design are one and the same person.

Article 34 (Unregistrable Designs)

Notwithstanding Article 33, none of the following designs is eligible for design registration:

1. A design identical with 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 against general morality and good

customs of ordinary people or is likely to disturb public order;

3. A Design that is likely to be mistaken as related to an article associated with any other

person's business;

4. A design made only of a shape indispensable to secure a function of the relevant article.

Article 35 (Related Designs)

(1) Notwithstanding Articles 33 (1) and 46 (1) and (2), the owner of a design right or the applicant

for the registration of a design 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

“basic design”) registered as related designs (hereinafter referred to as “related designs”), only if

he/she files an application for the registration of such related designs within one year from the

filing date of the application for the registration of the basic design.

(2) A design similar only to a design registered as a related design or to a design claimed in an

application pending for design registration as a related design under paragraph (1) is not eligible

for design registration.

(3) If an exclusive license under Article 97 (hereinafter referred to as “exclusive license”) has been

granted for the design right to a basic design, no related design for the basic design is eligible

for design registration, notwithstanding 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 day, it shall be deemed that the design does not fall under paragraph (1) 1 or 2 of

the aforesaid 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 day:

Provided, That the foregoing shall not apply to a design claimed in an application published or a

registered design publicly announced 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 to be eligible for the application of the body

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 Tribunal, along

with documents proving his/her eligibility:

1. When a person files an application for design registration under Article 37. In such cases,

documents proving relevant facts shall be submitted within 30 days from the filing date of the

application for design registration;

2. When a person submits a letter of opinion on the notice of the ground for rejection under

Article 63 (1);

3. When a person submits a written answer to a petition for objection to partially-examined

design registration under Article 68 (3);

4. When a person submits a written answer 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 (Application for Design Registration)

(1) A person who intends to have a design registered 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 classification of products in relation to which the design is to be used under

Article 40 (2) (hereinafter referred to as “classification of products”);

4. Whether the application is filed for the registration of an independent design or for the

registration of a related design (hereafter referred to as “application for the registration of a

related design”);

5. The design registration number or the design registration application number of the basic

design (applicable only where it is intended to have related designs registered under Article

35 (1));

6. The name and domicile of the person who has created the design;

7. Whether an application is filed for the registration of multiple designs under Article 41;

8. The number of designs and the serial number of each design (applicable only where an

application is filed for the registration of multiple designs under Article 41);

9. Matters specified in Article 51 (3) (applicable only where a priority claim is made).

(2) An application for design registration under paragraph (1) shall be accompanied by a drawing

describing the following matters with respect to each design:

1. The product or the classification of products in relation to which the design is to be used;

2. The description of the design and the features of the creation;

3. The serial number of each design (applicable only where an application is filed for the

registration of multiple designs under Article 41).

(3) An applicant for design registration may submit a photograph or sample of the design in lieu of

the drawing under paragraph (2).

(4) Designs eligible for an application for partially-examined design registration shall be limited to

those for the products specified by Ordinance of the Ministry of Trade, Industry and Energy,

from among the categories of products. Applications for design registration for eligible products

shall be limited to those subject to partially-examined design registration.

(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for filing an

application 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 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 to any of the following cases:

1. Where an application for design registration does not clearly manifest the intention to have a

design registered;

2. Where the name or title of the applicant for design registration is omitted or is not clearly

stated in an application for design registration and thus the applicant for design registration is

unidentifiable;

3. Where no drawing, photograph, or sample has been submitted or the description in a drawing

is not 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 make an amendment within a reasonably specified period.

(3) Upon receipt of an order to make an amendment 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 who has been ordered to make an amendment 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 of designs claimed in an

application filed for the registration of multiple designs 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 the

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 only some designs, out of designs claimed in an

application for the registration of multiple designs under Article 41.

Article 39 (Joint Application)

If the 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 (One Registration Application for One Design)

(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 (Application for Registration of Multiple Designs)

Notwithstanding Article 40 (1), a person who intends to file an application for design registration

may file one application for the registration of not more than 100 designs for products classified

into one and the same category (hereinafter referred to as “application for the 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 One Set of Products)

(1) Where two or more products are used together as one set of products, a design for the set of

products may be registered as one design, if the design for the set of products has unity as a

whole.

(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 (Confidential Designs)

(1) An applicant for design registration may request that the design be kept confidential for a

prescribed period not exceeding three years from the registration date of the grant of the design

right. It may be also requested to keep confidential all or some of designs claimed in an

application for the registration of multiple designs.

(2) An applicant for design registration may make the request under paragraph (1) during the 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

when the Commissioner of the Korean Intellectual Property Office registers the grant 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 to reduce or

extend the period designated by him/her under paragraph (1). In such cases, the period as

extended shall not exceed three years from the registration date of the grant 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 confidential design:

1. Where a person with consent from the owner of the relevant design right requests to permit an

inspection;

2. Where a party to an examination, a petition to object to partially-examined design registration,

an administrative patent trial or retrial, or a lawsuit on a design identical with or similar to a

confidential design or an intervenor in any of such proceedings requests 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 Tribunal requests to permit an inspection.

(5) A person who inspects a confidential design under paragraph (4) shall not acquire information

about the design by photographing or photocopying it without permission or shall not 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 to be withdrawn.

Article 44 (Application Filed by Person Ineligible for Design Registration and Protection of

Legitimate Right Holders)

If a decision or an administrative judgment 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 the 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 the registration of the design after the application for the registration of the design

is filed by the ineligible person shall be deemed to have been filed at the time the ineligible 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 on

which the decision or judgment to reject the application for design registration becomes final and

conclusive.

Article 45 (Design Registration by Ineligible Persons and Protection of Legitimate Right

Holders)

If a decision to revoke the registration of a design or an administrative judgment to invalidate the

registration of a design becomes final and conclusive on the ground that the registrant is ineligible,

the application filed by the legitimate right holder for the registration of the design subsequent to

the application filed by the ineligible person for design registration shall be deemed to have been

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 on which the decision to revoke registration or

the judgment to invalidate registration becomes final and conclusive.

Article 46 (Earlier Application)

(1) If two or more applications are filed on different dates for the registration of an identical or

similar design, only the applicant who files an application first may have his/her design

registered.

(2) If two or more applications are filed on the same date for the registration of an identical or

similar design, only one applicant whom the applicants for design registration agree to select

from among them may have his/her design registered. If the applicants for design registration

fail to reach an agreement or it is impossible for them to make an agreement, none of the

applicants may have his/her design registered.

(3) If an application for design registration is invalidated, withdrawn, or abandoned or if a decision

or an administrative judgment to reject an application for design registration under Article 62

becomes final and conclusive, the application for design registration shall be deemed to have

never been filed, for the purpose of applying paragraph (1) or (2): Provided, That the foregoing

shall not apply where a case falls under the latter part of paragraph (2) and a decision or an

administrative judgment to reject an application for design registration under Article 62

becomes final and conclusive.

(4) An application files by an ineligible person for design registration shall be deemed to have

never been filed, for the purpose of applying paragraph (1) or (2).

(5) In cases of paragraph (2), the Commissioner of the Korean Intellectual Property Office shall

order the applicants 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 an agreement under paragraph (2),

if they fail to report the results thereof within the period.

Article 47 (Amendment of Procedure)

In any of the following cases, the Commissioner of the Korean Intellectual Property Office or the

President of the Intellectual Property Tribunal shall order a person who initiates a design-related

procedure to amend the procedure within a specified period.

1. If the person violates Article 4 (1) or 7;

2. If the person breaches any formality specified by this Act or by an order issued under this Act;

3. If the person does not pay a fee that shall be paid under Article 85.

Article 48 (Amendment of Application 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 sample to the extent that the gist of the initial application for design registration

remains unchanged.

(2) An applicant for design registration may make an amendment to change an application for the

registration of related designs to applications for the registration of an independent design or

vice versa.

(3) An applicant for design registration may make an amendment to change an application for

partially-examined design registration to an application for examined design registration or vice

versa.

(4) Amendments under the provisions of paragraphs (1) through (3) may be made at the time

specified in any of the following subparagraphs:

1. Before the notice of a decision 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

“decision on whether to accept design registration”) is dispatched;

2. When a petition for re-examination under Article 64 is filed;

3. Within 30 days from the filing date of a petition for an administrative patent trial on a decision

to reject an application for design registration under Article 120.

(5) If an amendment made under the provisions of paragraphs (1) through (3) is found later, after

the grant 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 to

have been filed 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 make a decision to dismiss the

amendment without prejudice.

(2) If an examiner makes a decision to dismiss an application for the registration of a design under

paragraph (1), he/she shall not make a decision on whether to accept the registration of the

design (referring to some of designs, if a decision to dismiss an application is made with regard

to some designs claimed in an application filed for the registration of multiple designs) as

claimed in the application until before the lapse of 30 days from the date on which a certified

copy of the decision 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 decision to dismiss the relevant application under paragraph

(1), the examiner shall suspend the examination of the application for the registration of the

design (referring to some of designs, if a petition is filed against a decision to dismiss an

application with regard to some designs claimed in an application filed for the registration of

multiple designs) until the judgment rendered at the administrative patent trial becomes final

and conclusive.

(4) A decision to dismiss an application under paragraph (1) shall be made in writing and shall

contain rational therefor.

Article 50 (Division of Applications)

(1) Any of the following persons may divide part of an application filed for design registration into

one or more new applications for design registration and may file the applications additionally:

1. A person who has filed one application for the registration of two or more designs in violation

of Article 40;

2. A person who has filed an application for the registration of multiple designs.

(2) An application for design registration that is divided in accordance with paragraph (1)

(hereinafter referred to as “divided application”) shall be deemed to have been filed at the time

the initial application for design registration was filed: Provided, That the foregoing shall not

apply to cases to which 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

the 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 right of priority of a national of the Republic of Korea in filing an

application for design registration files an application for the registration of a design in the

Republic of Korea after filing an application for the registration of an identical design in the

member State or another member State and claims the right of priority, the date on which an

application for design registration is filed in the member State or another member State shall be

deemed the date on which another application for design registration is filed in the Republic of

Korea. The foregoing shall also apply to cases where a national of the Republic of Korea files

an application for the registration of a design in the Republic of Korea after filing an application

for the registration of an identical design in a member State to a treaty that recognizes the right

of priority of a national of the Republic of Korea in filing an application for design registration.

(2) A person who intends to claim the right of priority under paragraph (1) shall not claim the right

of 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 the right of priority under paragraph (1) shall state the 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 the right of 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.

(5) If a person who claims the right of priority under paragraph (3) does not submit the documents

specified in the aforesaid paragraph within the period specified in paragraph (4), the priority

claim shall become invalid.

Article 52 (Publication of Applications)

(1) An applicant for design registration may request to publish his/her application, as prescribed by

Ordinance of the Ministry of Trade, Industry and Energy. In cases of an application for the

registration of multiple designs, the applicant may 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 decide not to publish an

application for design registration, if the design claimed in the application falls under

subparagraph 2 of Article 34.

(3) No request to publish an application for design registration may be filed after the certified copy

of the decision 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 the registration of a design may warn, in writing, a person who worked the

design claimed in the application pending or any similar design for business, after the

publication of the application under Article 52, that the application for the registration of the

design concerned has been published.

(2) An applicant for the registration of a design may claim compensation, equivalent to the amount

that he/she would usually charge for working the design or a similar design, against a person

who has worked the design claimed in the application pending or a similar design for business,

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 the 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 grant of the relevant design right is registered.

(3) The right to claim compensation under paragraph (2) shall not 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 construed as “the date on

which the grant of the relevant design right is registered”.

(6) If any of the following events occurs after the publication of the application under Article 52, it

shall be deemed that the right to claim compensation under paragraph (2) has never arisen:

1. If the application for design registration is abandoned, invalidated, or withdrawn;

2. If a decision made under Article 62 to reject the application for design registration becomes

final and conclusive;

3. If a decision made under Article 73 (3) to revoke the registration of the design becomes final

and conclusive;

4. If an administrative judgment rendered under Article 121 at an administrative patent trial to

invalidate the registration of the design becomes final and conclusive (excluding the cases of

Article 121 (1) 4).

Article 54 (Transfer, etc. of Right to Have Design Registered)

(1) The right to have a design registered is transferable: Provided, That the right to have a basic

design registered and the right to have related designs registered shall be transferred together.

(2) The right to have a design registered shall not be subject to a pledge.

(3) If the right to have a design registered is owned jointly by two or more persons, none of the co-

owners may assign his/her share without consent thereto from the rest of co-owners.

Article 55 (Furnishing of Information)

Any person may inform the Commissioner of the Korean Intellectual Property Office or the

President of the Intellectual Property Tribunal that a design claimed in an application pending 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 in Design Gazette)

When a decision or an administrative judgment 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) A person who obtains the right to have a design registered by succession before an application

is filed for the registration of the design shall not assert any claim or defense, based on the right,

against a third party, unless he/she files an application for the registration of the design.

(2) If two or more persons have obtained the right to have a design registered by succession from

one and the same person and two or more applications are filed for the registration of the design

on the same date, succession shall take effect only with respect to the person whom the

applicants for the registration of the design agree to select from among them.

(3) If succession to the right to have a design registered takes place after an application for the

registration of the design is filed, the succession shall not take effect, unless a report is filed on

the change of the applicant of design registration, except for conveyance by inheritance or

general succession.

(4) If a person succeeds to the 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 two or more persons have obtained the right to have a design registered by succession from

one and the same person and two or more 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 the person

whom the reporting persons agree to select from among them.

(6) Article 46 (5) shall apply mutatis mutandis to the cases of paragraphs (2) and (5).

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 partially-examined design registration.

(2) Necessary matters concerning the qualification of examiners shall be prescribed by Presidential

Decree.

Article 59 (Designation of Specialized Organizations, etc.)

(1) If the Commissioner of the Korean Intellectual Property Office deems it necessary for the

examination of applications for design registration, he/she may designate a specialized

organization to request it to search prior designs and carry out other business affairs specified by

Presidential Decree.

(2) If the Commissioner of the Korean Intellectual Property Office deems it necessary for the

examination of applications for design registration, he/she 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. In such cases, the Commissioner of the Korean Intellectual Property Office may

reimburse them for allowances and expenses within budgetary limits.

(3) Necessary matters concerning the criteria for the designation of specialized organizations, the

request 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 the designation, or he/she

may revoke the designation of a specialized organization or rrder a specialized organization to

completely or partially suspend its business operation for a specified period of not more than six

months, if the specialized organization falls under subparagraph 2:

1. If a specialized organization obtains the designation by fraud or other misconduct;

2. If a specialized organization ceases to meet 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) Necessary matters concerning the detailed criteria and procedure for the dispositions under

paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

Article 61 (Expedited Examination)

(1) In any of the following cases, the Commissioner of the Korean Intellectual Property Office may

direct an examiner to preferentially examine an application for design registration first among

other applications:

1. Where it is found that any person, other than the applicant, is working, for business, the design

claimed in an application for design registration after the publication 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 the registration of multiple designs is to be preferentially examined

under paragraph (1), the Commissioner of the Korean Intellectual Property Office may direct an

examiner to preferentially examine only some designs that fall under any subparagraph of

paragraph (1) first.

Article 62 (Decisions to Reject Application for Design Registration)

(1) An examiner shall decide to reject an application for design registration in any of the following

cases:

1. If an applicant has no right to have a design registered under the body of Article 3 (1) or is

ineligible for design registration under the proviso to the aforesaid paragraph;

2. If an 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. If an application contravenes a treaty.

(2) An examiner shall decide to reject an application for partially-examined design registration in

any of the following cases:

1. If an applicant has no right to have a design registered under the body of Article 3 (1) or is

ineligible for design registration under the proviso to the aforesaid paragraph;

2. If an 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. If an application contravenes a treaty.

(3) An examiner shall decide 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 any

of the following subparagraphs:

1. If a related design already registered or claimed in an application for design registration is

indicated as the basic design;

2. If the design right to the basic design ceases to exist;

3. If the application for the registration of the basic design has been invalidated, withdrawn, or

abandoned, or a decision to reject the application for the registration of the basic design

becomes final and conclusive;

4. If the applicant for the registration of the related design is not the design right holder of the

basic design nor the applicant for the registration of the basic design;

5. If the related design is not similar to the basic design;

6. If the application for the registration of the related design is filed after more than one year

from the filing date of the application for the registration of the basic design;

7. If the related design is ineligible for design registration under Article 35 (3).

(4) Notwithstanding paragraph (2), an examiner may decide to reject an application for partially-

examined design registration, based on information and evidence provided under Article 55.

(5) If there is a ground to reject only some of multiple designs when an examiner intends to decide

to reject an application for the registration of multiple designs under the provisions of

paragraphs (1) through (3), the examiner may decide to reject the application only with respect

to such ineligible designs, out of all multiple designs.

Article 63 (Notification of Grounds for Rejection)

(1) When an examiner intends to decide to reject an application for design registration under

Article 62, he/she shall notify the applicant of the ground for rejection (referring to a ground

specified in any provision of Article 62 (1) through (3); hereinafter referred to as "ground for

rejection") and shall give the applicant an opportunity to submit a written argument.

(2) If an examiner finds a ground to reject an application for the registration of multiple designs

with respect to only some designs out of them, he/she shall describe the serial number of each

ineligible design, the products in relation to which each ineligible design is to be used, and the

ground for rejection in detail.

Article 64 (Petition for Re-Examination)

(1) Upon receipt of the certified copy of a decision 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 file a petition for the re-examination of the

application within 30 days (referring to the extended period, if the period under Article 120 is

extended pursuant to Article 17 (1)) from the date on which the certified copy of the decision 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 a petition for re-

examination under paragraph (1).

(3) If a petition that meets the requirements under the body of paragraph (1) is filed for re-

examination, the decision previously made to reject the relevant application for design

registration shall be deemed revoked.

(4) No petition for re-examination under paragraph (1) may be withdrawn.

Article 65 (Decisions to Accept Application for Design Registration)

If an examiner finds no ground for rejecting an application for design registration, he/she shall

decide to accept the application for design registration. If an examiner finds no ground for rejecting

some designs out of multiple designs claimed in an application for the registration of multiple

designs, he/she shall decide to accept the application for design registration with respect to such

eligible designs.

Article 66 (Ex Officio Amendment)

(1) If an examiner finds an obvious error in the contents of an application or a drawing when he/she

intends to decide to accept an application for design registration, he/she may ex officio amend

the error (hereinafter referred to as “ex officio amendment”).

(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 the certified copy of the decision 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 the

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 to have never been

made.

(5) If an ex officio amendment is entirely or partially deemed to have never been made under

paragraph (4), the examiner shall revoke the decision to accept the application for design

registration and shall examine the application all over again.

Article 67 (Method of Deciding Whether to Accept Application for Design Registration)

(1) A decision on whether to accept an application for design registration shall be made in writing

and shall contain rationale therefor.

(2) When a decision 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

decision.

Article 68 (Petition to Object to Partially-Examined Design Registration)

(1) Any person may file a petition to object to partially-examined design registration with the

Commissioner of the Korean Intellectual Property Office on any of the following grounds

during the period from the date on which the grant of the relevant design right is registered until

three months after the date on which the partially-examined design registration is publicly

announced. If a case involves the registration of designs claimed in an application for the

registration of multiple designs, a petition to object to partially-examined design registration

shall be filed with respect to each design separately:

1. Where the registrant has no right to have the design registered under the body 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);

3. Where the registration contravenes a treaty.

(2) A person who objects to partially-examined design registration (hereinafter referred to as

“petitioner for objection”) shall file a petition to object to partially-examined design registration,

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 petitioner for objection (the name and place of business of the

petitioner for objection, if the petitioner is a corporation);

2. The name and domicile or place of business of the agent, if the petitioner for objection 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 petition to object to partially-examined

design registration;

4. The purposes of the petition to object to partially-examined design registration;

5. The grounds for the petition to object to partially-examined design registration and the

description of necessary evidence.

(3) Upon receipt of a petition to object to partially-examined design registration, the presiding

examiner shall serve the owner of the design right to the registered design subject to the petition

to object to partially-examined design registration with a copy of the petition to object to

partially-examined design registration and shall give the owner of the design right an

opportunity to submit a written answer within a specified period.

(4) Article 121 (4) shall apply mutatis mutandis to petitions to object to partially-examined design

registration.

Article 69 (Amendment of Grounds, etc. for Petition to Object to Partially-Examined Design

Registration)

A petitioner for objection may amend the grounds described in the petition to object to partially-

examined design registration within 30 days from the filing date of the petition.

Article 70 (Board of Examiners for Examination and Decision-Making)

(1) A board comprised of three examiners shall examine and make a decision on a petition filed to

object to partially-examined design registration.

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

comprise a board of examiners for each petition filed to object to partially-examined design

registration.

(3) The Commissioner of the Korean Intellectual Property Office shall appoint one of the

examiners selected under paragraph (2) as the presiding examiner.

(4) Articles 131 (2), 132 (2), and 133 (2) and (3) shall apply mutatis mutandis to a board of

examiners and its presiding examiner.

Article 71 (Ex Officio Examination in Examining Petition to Object Partially-Examined Design

Registration)

(1) In examining a petition to object to partially-examined design registration, the grounds on

which neither the owner of the design right nor the petitioner for objection does not assert may

be also examined. In such cases, the owner of the design right and the petitioner for objection

shall be given opportunities to make arguments thereon.

(2) In examining a petition to object to partially-examined design registration, a registered design to

which the petitioner for objection has not objected shall not be subject to examination.

Article 72 (Consolidation or Severance of Petitions to Object to Partially-Examined Design

Registration)

The board of examiners may consolidate two or more petitions to object to partially-examined

design registration or sever one petition into two or more petitions to examine and make decisions

on the petitions jointly or separately.

Article 73 (Decision on Petition to Object to Partially-Examined Design Registration)

(1) A board of examiners shall make a decision on a petition to object to partially-examined design

registration after the end of the period specified in Article 68 (3) or 69.

(2) Notwithstanding Article 68 (3), a presiding examiner may render a decision to dismiss, without

prejudice, a petition to object to partially-examined design registration after the end of the

period specified in Article 69, if the petitioner for objection fails to present the ground of the

petition and evidence thereon.

(3) If a board of examiners finds that a petition to object to partially-examined design registration

has a reasonable ground, it shall make a decision to revoke the registration of the design

concerned (hereinafter referred to as “decision to revoke design registration”).

(4) If a decision to revoke design registration becomes final and conclusive, the design right shall

be deemed to have never existed.

(5) If a board of examiners finds that a petition to object to partially-examined design registration is

groundless, it shall make a decision to dismiss the petition (hereinafter referred to as “decision

to dismiss the petition”).

(6) No appeal shall be made against a decision to dismiss, without prejudice or on the merits, a

petition to object to partially-examined design registration.

Article 74 (Method of Making Decision on Petition to Object to Partially-Examined Design

Registration)

(1) A decision on a petition to object to partially-examined design registration shall be made in

writing, specifying the following matters, and the examiners who makes the decision shall affix

their signatures or seals thereon: <Amended by Act No. 11962, Jul. 30, 2013>

1. The case number of the petition to object to partially-examined design registration;

2. Names and domiciles of the owner of the design right concerned and the petitioner (the name

and the 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 design right

concerned and the petitioner are represented by agents respectively (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. The description of the design relevant to the decision;

5. The conclusion of, and the rationale for, the decision;

6. The date of decision.

(2) When a decision is made on a petition to object to partially-examined design registration, the

presiding examiner shall serve the petitioner and the owner of the design right concerned with a

certified copy of the decision respectively.

Article 75 (Withdrawal of Petition to Object to Partially-Examined Design Registration)

(1) No petition to object to partially-examined design registration may be withdrawn after the

petitioner is served with a notice to make arguments under the latter part of Article 71 (1) or a

certified copy of a decision made under Article 74 (2).

(2) If a petition to object to partially-examined design registration is withdrawn, the petition for

objection shall be deemed to have never existed.

Article 76 (Application Mutatis Mutandis of Rules on Trials to Examination)

The provisions of Article 133 (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 the examination of an application for design registration,

he/she may suspend the proceedings for examination until an administrative judgment becomes

final and conclusive or until proceedings of a lawsuit are closed.

(2) If a court deems it necessary, it may suspend proceedings of a lawsuit until a decision made on

an application for design registration becomes final and conclusive.

(3) No protest may be made against the suspension under paragraph 1 or 2.

Article 78 (Provisions Applicable Mutatis Mutandis)

The provisions of Articles 142 (7), 145, 153 (3) through (6), and 154 shall apply mutatis mutandis

to the examination and decision-making on petitions to object to partially-examined design

registration.

CHAPTER IV REGISTRATION FEES, DESIGN REGISTRATION, ETC.

Article 79 (Design Registration Fees)

(1) A person who has the grant of a design right registered under Article 90 (1) shall pay the design

registration fee (hereinafter referred to as “registration fee”) for three years from the date on

which he/she has the grant of the right registered, and the owner of a design right shall pay the

registration fee for one year thereafter on or before each anniversary of the registration date of

the grant of the relevant right.

(2) Notwithstanding paragraph (1), the owner of a design right may pay the registration fees for

many or all subsequent years in a lump sum in the order of the years for which the payment will

become due consecutively.

(3) The registration fees under 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 Fee)

(1) A person who obtains a decision to accept an application for the registration of multiple designs

may partially abandon designs when he/she pays the 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 the person who is

obliged to pay the registration fee.

(2) An interested party who pays a registration fee pursuant to paragraph (1) may claim the

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 intends to have the grant of a design right registered or the owner of a design

right may pay a registration fee within six months (hereinafter referred to as “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 later than the due date in accordance with paragraph (1)

shall pay the amount specified by Ordinance of the Ministry of Trade, Industry and Energy,

which shall not exceed double the registration fee that the person was otherwise obliged to pay.

(3) If a person who intends to have the grant of a design right registered fails to pay the registration

fee within the period for late payment (referring to cases where a deficiency is not fully paid

within the period for the payment of a deficiency, if the period for the payment of a deficiency

under Article 83 (2) has not elapsed even after the end of the period for late payment), the

application for design registration shall be deemed to have been abandoned, and the design right

owned by the person shall be deemed to have been extinguished retroactively on the day

immediately following the end of the period for which a registration fee was paid in accordance

with Article 79 (1) or (2).

Article 83 (Payment of Deficiency in Registration Fees)

(1) If a person who intends to have the grant of a design right registered or the owner of a design

right has not paid part of a registration fee within the period specified in Article 79 (3) or 82 (1),

the Commissioner of the Korean Intellectual Property Office shall order the person to pay the

deficiency in the registration fee.

(2) Upon receipt of an order to pay a deficiency under paragraph (1), a person may pay the

deficiency in the registration fee within one month from the date on which he/she receives the

order.

(3) A person who pays a deficiency in a 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 Application for Design Registration and Design Right by Late

Payment of Registration Fee or Payment of Deficiency in Registration Fee)

(1) If a person who intends to have the grant of a design right registered or the owner of a design

right fails to pay a registration fee within the period for late payment or a deficiency in a

registration fee within the period for the payment of a deficiency, due to an event or a cause for

which he/she is not liable, he/she may pay the registration fee or the deficiency 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 period for late payment or the end

of the period for the payment of a deficiency, whichever is later.

(2) Notwithstanding Article 82 (3), a person who pays a registration fee or a deficiency in a

registration fee in accordance with paragraph (1) shall be deemed not to have abandoned the

relevant application for design registration, and the relevant design right shall be deemed to

have continued to exist.

(3) If the owner of a design right fails to pay a registration fee within the period for late payment or

fails to pay a deficiency in a registration fee within the period for the payment of the deficiency,

and the design right to the registered design concerned is extinguished while working, the owner

of the design right may pay three times the registration fee within three months from the end of

the period for late payment or the end of the period for the payment of the deficiency to apply

for the restoration of the extinguished right. In such cases, the relevant design right shall be

deemed to have continued to exist.

(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 a design similar thereto by another

person during a period (hereinafter referred to as "period of limited effect") from the date

immediately after the end of the period for late payment of the registration fee until the date on

which the registration fee or a deficiency is fully paid.

(5) A person who works, or makes preparations to work, a design claimed in an application

pending for design registration or a registered design under paragraph (2) or (3), or a similar

design, for business in good faith, within the Republic of Korea during the period in which its

validity is restricted shall be granted a non-exclusive license for the design that the person

works or makes preparations to work within the scope of business objectives.

(6) A person to whom a non-exclusive license is granted under paragraph (5) shall pay a 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) The 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 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 the following cases from registration fees and other official fees:

1. Registration fees and other official fees otherwise payable for an application for the

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 Articles 79 and 85, the Commissioner of the Korean Intellectual Property

Office may fully or partially exempt a person eligible for assistance under Article 5 of 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>

(3) A person who intends to be fully or partially exempted from registration fees and other official

fees under paragraph (2) shall submit the documents specified by Ordinance of the Ministry of

Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office.

Article 87 (Refund of Registration Fees, etc.)

(1) In any of the following cases, the registration fees and other official fees already paid shall be

refunded at the request of the person who paid them:

1. Registration fees and other official fees erroneously paid;

2. A portion for the years subsequent to the year in which a decision to revoke the registration of

a design or an administrative judgment that invalidates the registration of a design becomes

final and conclusive, out of registration fees already paid;

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 an

application for design registration in any of the following cases:

(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 the ground

for rejection under Article 63 or made a decision to accept design registration under

Article 65.

(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 shall notify the person who

paid the registration fees and other official fees thereof.

(3) No claim for the refund of registration fees and other official fees under paragraph (1) shall be

valid after the lapse of three years from the date on which the claimant is served with the 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, assignment, extinguishment, or restoration of a design right, or a limitation on the

disposal of a design right;

2. The grant, maintenance, transfer, modification, or extinguishment of an exclusive or non-

exclusive license or a limitation on the disposal of an exclusive or non-exclusive license;

3. The grant, transfer, modification, or extinguishment of a pledge on a design right or on an

exclusive or non-exclusive license or a limitation on the disposal of a pledge on a design right

or on an exclusive or non-exclusive license.

(2) The Design Register under paragraph (1) may be entirely or partially kept in electronic

recording media.

(3) Except as otherwise provided for in paragraphs (1) and (2), necessary matters concerning the

facts to be registered and the procedure for registration shall be prescribed by Presidential

Decree.

Article 89 (Issuance of Design Registration Certificate)

(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 owner of the design right, as

prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(2) If there is any discrepancy 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 and reissued it or to issue

a new design registration certificate.

CHAPTER V DESIGN RIGHT

Article 90 (Registration of Grant of Design Right)

(1) A design right arises when the grant of the right is registered.

(2) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall

register the grant of the relevant design right:

1. When the registration fee is paid in accordance with Article 79 (1);

2. When the late payment of a registration fee is made in accordance with Article 82 (1);

3. When a deficiency in the registration fee is paid in accordance with Article 83 (2);

4. When the registration fee or a deficiency in the registration fee is paid in accordance with

Article 84 (1);

5. When 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 owner of the design right and the design registration number, in

the Design Gazette to publicly announce the registration.

Article 91 (Duration of Design Right)

(1) A design right arises on the date on which the grant of the right is registered under Article 90 (1)

and continues to exist until 20 th

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 basic 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

an ineligible person for design registration.

Article 92 (Effect of Design Right)

The owner of a design right shall have the exclusive right to work the registered design or any

similar design for business: 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).

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 samples accompanying the

application, and the design depicted in accordance with the description of the design in the

drawings.

Article 94 (Scope to which Effect of Design Right is Not Extended)

(1) The effect of a design right shall not extend to any of the following:

1. Using of a design registered for the purpose of 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 existed in the Republic of Korea since an application for design registration

was filed.

(2) Where the grant of a design right to a typeface is registered, the effect of such design right shall

not extend to either of the following cases:

1. If the typeface is used in the ordinary process of typing, typesetting, or printing;

2. If it is a product made by using the typeface referred to in subparagraph 1.

Article 95 (Relationship with Another Person's 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 the registration

of the design concerned, 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 design concerned, the owner of the design right to the

registered design concerned, the exclusive licensee or a non-exclusive licensee for the registered

design concerned shall not work the registered design for business without permission from the

owner of the relevant design right, patent right, utility model right or trademark right or without

complying with Article 123.

(2) If a design similar to 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 the registration of the design concerned, 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

design concerned, the owner of the design right to the registered design concerned, the

exclusive licensee or a non-exclusive licensee for the registered design concerned shall not work

the registered design for business without permission from the owner of the relevant design

right, patent right, utility model right or trademark right or without complying with Article 123.

(3) If a registered design or a design similar thereto is a product made by applying, or conflicting

with, another person's copyright that arose earlier than the filing date of the application for the

registration of the design concerned, the owner of the design right 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

for business without permission from the owner of the copyright.

Article 96 (Assignment and Joint Ownership of Design Right)

(1) A design right is assignable: Provided, That the design right to a basic design and the design

right to related designs shall be assigned in a package to one and the same person.

(2) Where a design right is jointly owned, any co-owner shall not assign his/her share or grant a

pledge on 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 agreed expressly

by a 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 assignable.

(6) If it is intended to assign the design right to two or more designs related to a basic design, where

the design right to the basic design has been revoked, renounced, or extinguished by an

administrative judgment of invalidation, the design right to such related designs shall be

assigned in a package to one and the same person.

Article 97 (Exclusive License)

(1) The owner of a design right may grant an exclusive license for a design right to another person:

Provided, That the exclusive license for the design rights to a basic design and designs related

thereto shall be granted to one and the same person in a package.

(2) An exclusive licensee shall have the right to exclusively work the registered design or any

similar design for business within the scope specified in the relevant license agreement.

(3) No exclusive licensee may assign his/her exclusive license to another person without consent of

the owner of the design right, unless he/she assigns 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 on, or a non-exclusive license for, his/her exclusive

license to any person without consent of the owner of the design right.

(5) The provisions of Article 96 (2) through (4) shall apply mutatis mutandis to an exclusive license.

(6) If it is intended to grant an exclusive license for two or more designs related to a basic design,

where the design right to the basic design has been revoked, renounced, or extinguished by an

administrative judgment of invalidation, the exclusive license for such related designs shall be

granted in a package to one and the same person.

Article 98 (Effect of Registration of Design Right and Exclusive License)

(1) Any of the following acts shall not take effect unless it is registered:

1. 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;

2. The grant, assignment (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, assignment (excluding conveyance by inheritance or general succession),

modification, or extinguishment (excluding extinguishment by confusion) of a pledge on a

design right or on an exclusive licence or a limitation on the disposal of a pledge on 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 License)

(1) The owner of a design right may grant a non-exclusive license for his/her design right to

another person.

(2) A non-exclusive licensee shall have the right to work the registered design or any similar design

for business within the scope specified by this Act or in the relevant license agreement.

(3) A non-exclusive license under Article 123 shall be assigned 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 assigned without

consent of the owner of the design right (or the owner of the design right or the exclusive

licensee, if a non-exclusive license was granted by an exclusive licensee), unless a non-

exclusive license is assigned along with the business to which the design is applied or is

conveyed by inheritance or general succession.

(5) No pledge on a non-exclusive license, except those specified in paragraph (3), may be granted

without consent of the owner of the design right (or the owner of the design right 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 License by Prior Use)

A person who had created a design identical with a design claimed in an application filed for the

registration of the design or had learned such design from the person who had created it before the

application for design registration was filed, without knowledge of the application, and works, or

makes preparations to work, the registered design or any similar design for business within the

Republic of Korea shall be granted a non-exclusive license for the design right to the design that the

person works or makes preparations to work within the scope of business objectives.

Article 101 (Non-Exclusive License by Earlier Application)

A person who created a design identical with a design claimed in an application filed for the

registration of the design or learned such design from the person who created it at the time the grant

of the design right to another person was registered, without knowledge of the application, and

worked, or made preparations to work, the registered design or any similar design for business for

business within the Republic of Korea (excluding the 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 made preparations to work within the scope of business objectives, only if the

person meets all the following requirements:

1. The person is required to have filed an application for the registration of the identical design

or any similar design at least the day before the date on which another person filed an

application for the registration of the design in order to have the grant of the design right

registered;

2. The person is required to have worked, or have made preparations to work, the design claimed

in the 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 and that a

decision or an administrative judgment to reject the application for design registration

becomes final and conclusive.

Article 102 (Non-Exclusive License Based on Working Prior to Registration of Claim for

Judgment of Invalidation)

(1) If any of the following persons had worked, or had made preparations to work, his/her

registered design or any similar design for business within the Republic of Korea without

knowing that the registered design was invalid before a petition seeking an administrative

judgment 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 makes

preparations to work within the scope of business objectives:

1. The original owner of the design right, where one of two or more 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 design registered.

(2) In cases of 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 an administrative judgment of invalidation was registered shall be

granted a non-exclusive license, if he/she falls under either of the following subparagraphs:

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 who is granted a non-exclusive license under paragraph (1) or (2) shall pay a

reasonable consideration therefor to the owner of the design right or the exclusive licensee.

Article 103 (Non-Exclusive License After Expiration of Duration of Design Right, etc.)

(1) Where a design similar to a registered one conflicts with a design right registered on or before

the filing date of the application for the 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 at the time the duration of original design right expires,

within the scope of the original design right.

(2) In cases of paragraph (1), the exclusive licensee for the original design right which exists at the

time 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 at the time 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 on or

before the filing date of the application for the registration of the design but the duration of the

patent right or utility model right expires.

(4) A person who is 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 a

reasonable consideration therefor to the owner of the design right or the exclusive licensee for

the design right.

Article 104 (Effect of Registration of Non-Exclusive License)

(1) A non-exclusive license, once registered, shall be also 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) Any person shall not assert his/her claim or defense, based on the assignment, modification, or

extinguishment of a nonexclusive license, a limitation on the disposal of a nonexclusive license,

the grant, assignment, modification, or extinguishment of a pledge, or a limitation on the

disposal of a pledge, against a third party, unless such an act or event is registered.

Article 105 (Renunciation of Design Right)

The owner of a design right may renounce 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 Renunciation of Design Right, etc.)

(1) The owner of a design right shall not renounce 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 renounce his/her exclusive license without consent of the pledgee or

non-exclusive licensee under Article 97 (4).

(3) No non-exclusive licensee shall renounce his/her non-exclusive license without consent of the

pledgee.

Article 107 (Effect of Renunciation)

Where a design right or an exclusive or non-exclusive license is renounced, the design right or the

exclusive or non-exclusive license shall cease to be effective at the time of renunciation.

Article 108 (Pledge)

Where a pledge is granted on a design right or an exclusive or non-exclusive license, the pledgee

shall not work the registered design, except as otherwise stipulated by agreement.

Article 109 (Subrogation of Pledge)

A pledge may be exercised against a compensation under this Act or against a consideration or

goods receivable for the working of the registered design: Provided, That such a compensation,

consideration, or goods shall be attached before paid or delivered.

Article 110 (Non-Exclusive License Subsequent to Transfer of Design Right 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 another person by auction or such. In such cases,

the owner of the design right shall pay a 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 of inheritance

commence.

Article 112 (Title of Execution on Consideration and Compensation)

A final and conclusive decision on the amount of a 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 (Right to Seek Injunction against Infringement, etc.)

(1) The owner of a design right or an exclusive licensee may file a complaint to seek injunction for,

or prevention of, infringement against a person who infringes or is likely to infringe his/her

rights.

(2) The owner of a design right or an exclusive licensee, who requested to keep the relevant design

confidential under Article 43 (1), may not file a complaint under paragraph (1), unless he/she

gives a warning first 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 the principal place of business, if the claimant is a

corporation) of the owner of the design right or the exclusive licensee (applicable only where

an exclusive licensee files a claim);

2. The serial number and date of the application for design registration;

3. The design registration number and the date of registration;

4. Details of drawings, photographs, or samples accompanying the application of design

registration.

(3) When the owner of a design right or an exclusive licensee files a complaint under paragraph (1),

he/she may seek the destruction of articles that constitute infringement, the removal of facilities

provided for infringement, and other actions necessary for the prevention of infringement.

Article 114 (Acts Deemed Infringement)

Engaging in a business of producing, selling, renting, exporting, or importing the products used

only for producing the product associated with a registered design or any similar design or

engaging in a business of offering the sale or rental of such products shall be deemed infringement

on 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 the loss

inflicted upon him/her against a person who willfully or negligently committed an infringement

on 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 owner of the design right or the exclusive licensee could

have sold, but for the infringement.

(2) The amount of damages under paragraph (1) shall not exceed the amount calculated by

multiplying the quantity of products that the owner of the design right 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 owner of the design right 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 owner of the design right or

exclusive licensee could have produced from selling the products.

(3) Where the owner of a design right or an exclusive licensee claims compensation for the loss

inflicted 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 presumed to be

equivalent to the loss that the owner of the design right or exclusive licensee has sustained.

(4) Where the owner of a design right or an exclusive licensee claims compensation for the loss

inflicted by a person who willfully or negligently infringed the design right or exclusive license,

the owner of the design right or the exclusive licensee may claim the amount that he/she would

usually receive for the working of the registered design as the loss that he/she sustained.

(5) Notwithstanding 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 take

into consideration the fact that there was no willfulness or gross negligence on the part of the

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 extremely hard 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 purport of entire 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 another person shall be

presumed to have been negligent to commit the infringement: Provided, That the foregoing shall

not apply to infringement on a design right registered as a confidential design under Article 43

(1) or an exclusive license for such a confidential design.

(2) The provisions of paragraph (1) shall apply mutatis mutandis where the owner of a design right

to a design registered through partial examination or an exclusive or non-exclusive licensee for

such a registered design or any similar design infringes another person's design right or

exclusive license.

Article 117 (Restoration of Reputation of Owner of Design Right, etc.)

At the request of the owner of a design right or an exclusive licensee, the court may order the

person who degraded the business reputation of the owner of the design right or exclusive licensee

by willfully or negligently infringing the design right or exclusive license, 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 the person possessing

the documents has a reasonable ground to refuse to submit them.

CHAPTER VII TRIAL

Article 119 (Trial on Decision to Dismiss Amendment Without Prejudice)

A person who protests against the decision 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 on

which the person is served with a certified copy of the decision.

Article 120 (Trial on Decision to Reject Application for Design Registration or to Revoke

Design Registration)

A person who protests against a decision to reject an application for design registration or a

decision to revoke the registration of a design may file a petition within 30 days from the date on

which the person is served with a certified copy of the decision.

Article 121 (Trial to Invalidate Design Registration)

(1) An interested party or an 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 the registration of multiple designs under

Article 41, such petition shall be filed for each design separately:

1. Where the registrant has no right to register the design under the body of Article 3 (1) or is not

eligible for the 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 owner of the design right ceases to be eligible 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 an administrative judgment that invalidates the registration of a design becomes final and

conclusive, the design right shall be deemed to have never existed: Provided, That a design right

shall be deemed to cease to exist when the registration of a design falls under paragraph (1) 1, if

a trial judgement that invalidates the relevant design registration under the aforesaid

subparagraph becomes final and conclusive.

(4) Upon receipt of a petition for an administrative patent trial under paragraph (1), the presiding

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 (Trial to Confirm Scope of Design Right)

The owner of a design right, 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 the registration of multiple designs under Article 41, such petition shall be filed

for each design separately.

Article 123 (Trial for Granting Non-Exclusive License)

(1) If the owner of a design right, or an exclusive or non-exclusive licensee intends to obtain a

license to work another 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

impossible to obtain such license from the person, the owner of the design right 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 in accordance with the judgment made at an

administrative patent trial under paragraph (1) needs to work the registered design of the person

who has the non-exclusive license granted or any design similar thereto but the non-exclusive

licensee does not grant a license for working the design or it is impossible 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 owner of the utility model right, the owner of the design right, or the exclusive

licensee: Provided, That if it is impossible 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 a consideration

therefor or depositing the consideration in the competent court.

Article 124 (Application Mutatis Mutandis of Provisions regarding Examination to Trial on

Decision to Reject Application 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 the decision to reject an application for design registration. In such

cases, “before the notice of a decision 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 “decision on whether to accept design registration”) is dispatched” in Article 48 (4)

1 shall be construed as “by the deadline for the submission of a written argument on the notice

of the 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 judgment rendered at the trial

becomes final and conclusive” in the aforesaid paragraph as “until the judgment rendered by the

court becomes final and conclusive”.

(2) Article 63, applicable mutatis mutandis pursuant to paragraph (1), shall apply where the ground

found for rejection in the proceedings of an administrative patent trial differs from the ground

for a decision to reject an application for design registration.

Article 125 (Joinder of Petitions for 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 paragraph (1), if the persons who 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 one and the same design

right are two or more, 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 interruption 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 Petition for Trial)

(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, describing the following

matters, with the President of the Intellectual Property Tribunal: <Amended by Act No. 11962,

Jul. 30, 2013>

1. The names and domiciles of the parties (or the name and the 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 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 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 to any

of the following cases:

1. Where an amendment (including an addition) is made to correct the indication of the owner of

the relevant design right, among the parties involved under paragraph (1) 1;

2. Where the cause of the petition under paragraph (1) 4 is amended;

3. Where the respondent argues that the design that 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 owner of a design right 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

in order 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 the 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 describe the following matters in addition to the 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;

3. The scope and duration of, and the consideration for, the non-exclusive license for the

patented invention, registered utility model, or registered design.

Article 127 (Formalities for Petition for Trial on Decision to Reject Application for Design

Registration, etc.)

(1) A person who intends to file a petition for an administrative patent trial on a decision to dismiss

an amendment, a decision to reject an application for design registration, or a decision to revoke

the registration of a design shall file the petition, describing the following matters, with the

President of the Intellectual Property Tribunal and, upon receipt of a petition for an

administrative patent trial on a decision to revoke the registration of a design under Article 120,

the President of the Intellectual Property Tribunal shall notify the receipt of the petition to the

petitioner for objection: <Amended by Act No. 11962, Jul. 30, 2013>

1. The name and domicile of the petitioner (or the name and the 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 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 date and number of application (the registration date and registration number of the

design, if the petitioner protests against a decision to revoke design registration);

4. The products or the classification of products in relation to which the design is to be used;

5. The date of the decision to reject the application for design registration, the date of the

decision to revoke design registration, or the date of the decision to dismiss the amendment

without prejudice;

6. The 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:

1. Where an amendment (including an addition) is made to correct the indication 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) In any of the following cases, the presiding judge shall order the petitioner to amend the petition

with a specified period:

1. If the petition for an administrative patent trial contravenes Article 126 (1), (3), or (4) or 127

(1);

2. If the proceedings of an administrative patent trial fall under any of the following items:

(a) If the proceedings of an administrative patent trial contravene Article 4 (1) or 7;

(b) If the petitioner does not pay any fee payable under Article 85;

(c) If the proceedings of an administrative patent trial contravene the formalities prescribed by

this Act or by an order issued under this Act.

(2) If a person who was ordered to amend a petition under paragraph (1) fails to amend it within the

specified period, the presiding judge shall dismiss the petition for an administrative patent trial

without prejudice.

(3) A decision under paragraph (2) shall be made in writing and shall contain rationale therefor.

Article 129 (Judgment to Dismiss Petition for Trial 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 an administrative judgment without prejudice,

without giving the respondent an opportunity to submit a written answer.

Article 130 (Administrative Patent Judges)

(1) Upon receipt of a petition for an administrative patent trial, the President of the Intellectual

Property Tribunal shall allocate the case to administrative patent judges for a trial.

(2) The requirements for qualification of administrative patent judges shall be prescribed by

Presidential Decree.

(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 Tribunal shall designate administrative patent judges

who shall form a board under Article 133 for each trial case.

(2) If any of the administrative patent judges designated under paragraph (1) has a problem in

getting involved in an administrative patent trial, the President of the Intellectual Property

Tribunal 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 Tribunal shall select one of the administrative patent

judges designated under Article 131 (1) as the presiding judge.

(2) The presiding judge shall administer all affairs relating to the case on trial.

Article 133 (Board for Trial)

(1) An administrative patent trial shall be conducted by a board comprised of three or five

administrative patent judges.

(2) The board under paragraph (1) shall make a decision by a majority vote.

(3) Consultations among administrative patent judges shall not be open to the public.

Article 134 (Submission of Written Answer, etc.)

(1) Upon receipt of a petition for an administrative patent trial, the presiding judge shall serve the

respondent with a copy of the petition and shall give the respondent an opportunity to submit a

written answer within a specified period.

(2) Upon receipt of a written answer, the presiding administrative patent judge shall serve the

petitioner with a copy of the written answer.

(3) The presiding 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 getting

involved in a trial:

1. Where an administrative patent judge or his/her present or former spouse is a party, an

intervenor, or a petitioner for objection to the case on trial;

2. Where an administrative patent judge is or was a relative of a party, an intervenor, or a

petitioner for objection to the case on trial;

3. Where an administrative patent judge is or was the legal representative of a party, an

intervenor, or a petitioner for objection to the case on trial;

4. Where an administrative patent judge is summoned as a witness or an expert witness or was an

expert witness to the case on trial;

5. Where an administrative patent judge is or was an agent of a party, an intervenor, or a

petitioner for objection to the case on trial;

6. Where an administrative patent judge was involved as an examiner or an administrative patent

judge in a decision to reject an amendment, a decision on whether to accept an application for

design registration, or a decision or administrative judgment on a petition for objection to

partially-examined design registration;

7. Where an administrative patent judge has a direct interest in the case on trial.

Article 136 (Request 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 (Challenge of Administrative Patent Judges)

(1) If a party or an intervenor has a ground to believe that it is hard 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, oral 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, describing the cause thereof, with the President of

the Intellectual Property Tribunal: Provided, that such motion may be 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) The administrative patent judge against whom a motion for exclusion or challenge is filed shall

not participate in the trial on the exclusion or challenge: Provided, That the administrative

patent judge may make arguments.

(3) A decision under paragraph (1) shall be made in writing with the rationale 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 where an urgent action is

required.

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 Tribunal.

Article 142 (Hearings, etc.)

(1) A hearing in trial proceedings shall be either oral or written: Provided, That a case shall be tried

in oral hearings if either party requests oral hearings, unless it is found that a decision can be

made only in written hearings.

(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 presiding judge intends to hold an oral hearing under paragraph (1), he/she shall

determine the date and place of hearing and serve the parties and intervenors with a written

notice thereof: Provided, That the foregoing shall not appy where such notice is given to the

parties and intervenors present at a hearing for the relevant case.

(4) When the presiding judge presides over an oral hearing under paragraph (1), he/she shall have

an official assigned by the President of the Intellectual Property Tribunal make a proceeding

report on the hearing and other necessary facts relevant to each hearing.

(5) The presiding judge and the official who makes a proceeding report under paragraph (4) shall

print their names and affix their seals on the proceeding report.

(6) The provisions of Articles 153, 154, and 156 through 160 of the Civil Procedure Act shall apply

mutatis mutandis to the proceeding 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 presiding judge shall maintain order in the trial tribunal.

Article 143 (Intervention)

(1) A person who has a right 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 result of an administrative patent trial may intervene in the

trial proceedings to assist either party before the closing of hearings.

(4) An intervenor under paragraph (3) may take part in all trial proceedings.

(5) If an intervenor has cause to suspend or discontinue trial proceedings, such suspension or

discontinuance shall be effective also to the party for whose favor the intervenor entered the

proceedings.

Article 144 (Petition for Intervention and Decision thereon)

(1) A person who intends to intervene in an administrative patent trial shall file a petition for

intervention with the presiding judge.

(2) Upon receipt of a petition for intervention, the presiding judge shall serve each party and other

intervenors with a copy of the petition for intervention and shall give them 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 with the rationale therefor.

(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 an administrative patent judge shall not make a

decision to impose a fine for negligence, 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

Tribunal, if it is filed before filing a petition for an administrative patent trial, or with the

presiding judge, if it is filed while the trial is pending.

(4) Upon receipt of a request for the preservation of evidence under paragraph (1) before a petition

for an administrative patent trial is filed, the President of the Intellectual Property Tribunal shall

assign the examination of the request for the preservation of evidence to an administrative

patent judge.

(5) When the presiding 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 results

thereof and shall give them an opportunity to present their arguments thereon within a specified

period.

Article 146 (Continuation of Trial Proceedings)

The presiding judge may proceed with a trial, regardless of whether a party or intervenor neglects a

procedure by the statutory deadline or by a specified deadline or fails to make an appearance on a

date of hearing under Article 142 (3).

Article 147 (Ex Officio Examination)

(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 given an

opportunity to present arguments thereon within a specified period.

(2) No claim but the claims asserted by a petitioner in his/her petition may be examined in trial

proceedings.

Article 148 (Joinder or Severance of Hearings or Judgments)

An administrative patent judge may join hearings or judgments for two or more 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 an

administrative judgment becomes final and conclusive: Provided, That withdrawal after a

written answer is submitted in accordance with Article 134 (1) is subject to the adverse party’s

consent thereto.

(2) A petition withdrawn in accordance with paragraph (1) shall be deemed to have never been

filed.

Article 150 (Administrative Judgment)

(1) Except as otherwise provided for in any Act, an administrative patent trial shall be closed with

an administrative judgment.

(2) an administrative judgment under paragraph (1) shall be made in writing with the description of

the following matters, on which administrative patent judges participating in the judgment 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. The indication of the case on trial;

5. The holding of the judgment (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. Rationale for the judgment (including claims and the cause of action);

7. The date of judgment.

(3) When a case becomes mature enough to make an administrative judgment, the presiding judge

shall notify the parties and intervenors of the closing of hearings.

(4) If the presiding judge deems it necessary, he/she may reopen a case for hearings upon request

from a party or intervenor or ex officio, even after he/she gives the notice of the closing of

hearings under paragraph (3).

(5) An administrative judgment shall be rendered within 20 days from the date on which the notice

of the closing of hearings is given under paragraph (3).

(6) When an administrative judgment or decision is rendered, the presiding judge shall serve the

parties, intervenors, and persons whose petition filed to intervene in the trial was rejected with a

copy of the judgment or decision respectively.

Article 151 (Res Judicata)

If an administrative judgment rendered under this Act becomes final and conclusive, no person may

file a petition for an administrative patent trial again, based on the same facts and evidence:

Provided, That the foregoing shall not apply where the a final and conclusive judgment is rendered

as an administrative judgment to dismiss a petition without prejudice.

Article 152 (Relationship to Litigation)

(1) A presiding judge may suspend trial proceedings until a decision on a petition filed to object to

partially-examined design registration in connection with the case on the administrative patent

trial or an administrative judgment rendered in any other administrative patent trial becomes

final and conclusive or proceedings of a lawsuit filed in connection with the case are completed.

(2) A court may suspend its proceedings of a lawsuit until an administrative judgment 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 on a design right or an exclusive

license, a court shall notify the President of the Intellectual Property Tribunal of the claims

asserted in the lawsuit. A notice shall be also given when the proceedings of such a 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 on a design right or an exclusive

license under paragraph (3), the President of the Intellectual Property Tribunal shall notify the

competent court under paragraph (3) of the claims thereof. A notice shall be also given when a

decision or judgment 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.

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 an administrative judgment is rendered at the closing of the trial,

or in the decision, if a decision is rendered in lieu of an administrative judgment at the closing

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 the

petitioner for the trial or the petitioner for objection.

(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 a petitioner for objection under

paragraph (3).

(5) The amount of cost of an administrative patent trial shall be determined by the President of the

Intellectual Property Tribunal, upon request from a party, after the relevant judgment or

decision 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 two

or more patent attorneys for an administrative patent trial, the party shall be deemed to have

been 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 Tribunal on the amount of cost of

an administrative patent trial or by administrative patent judges on consideration shall be as

effective 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.

Article 155 (Special Provisions concerning Trial on Decision 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 for Objection to Partially-

Examined Design Registration)

Proceedings precedently carreied out for examination or with respect to a petition filed to object to

partially-examined design registration shall remain effective to the trial on the decision to reject the

registration of the relevant design or the 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 an administrative

judgment to cancel the relevant decision to dismiss an amendment without prejudice, reject an

application for design registration, or revoke design registration.

(2) When a decision to dismiss an amendment without prejudice, reject an application for design

registration, or revoke design registration is cancelled in an administrative patent trial, an

administrative judgment that the case shall be subjected to examination may be rendered.

(3) The rationale that underlies cancellation by an administrative judgment rendered under

paragraph (1) or (2) shall bind examiners as regards the relevant case.

CHAPTER VIII RETRIAL AND LITIGATION

Article 158 (Petition for Retrial)

(1) Either party may file a petition for an administrative patent retrial on an administrative

judgment that has become final and conclusive.

(2) Articles 451 and 453 of the Civil Procedure Act shall apply mutatis mutandis to the retrials

under paragraph (1).

Article 159 (Petition to Protest against Decision Obtained by Fraud)

(1) If the parties to an administrative patent trial conspired to obtain an administrative judgment by

fraud with intent to 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 (Time Limits for Petition for Retrial)

(1) A petition for an administrative patent retrial shall be filed within 30 days from the date on

which the petitioner becomes aware of the cause of action for the retrial after the relevant

judgment 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, the period under paragraph (1) shall be counted from the day immediately after the

date on which the petitioner or his/her legal representative becomes aware that a judgement was

rendered upon receipt of a certified copy of the judgment.

(3) No petition for an administrative patent retrial may be filed three years from the date the

relevant judgment becomes final and conclusive.

(4) If the cause of action for an administrative patent retrial arises after the relevant judgment

becomes final and conclusive, the period under paragraph (3) shall be counted from the day

immediately after the date on which 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 judgment conflicts with another judgment that has become

final and conclusive.

Article 161 (Restriction on Effects of Design Right Restored by Retrial)

(1) In any of the following cases, the effect of a design right shall not be extended to the goods

imported or domestically produced or acquired in good faith after the relevant judgment 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 the decision to revoke design registration) is restored in the

retrial;

2. Where an administrative judgment that a product was not within the scope of a design right

became final and conclusive but another judgment that reverses the former judgment

subsequently becomes final and conclusive;

3. Where the grant of a design right is registered according to an administrative patent retrial on

the application for design registration, which was rejected by an administrative judgment.

(2) The effect of a design right in any case of paragraph (1) shall not be extended to any of the

following acts:

1. Working the relevant design in good faith after the relevant judgment became final and

conclusive but before the 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 the

petition filed for a retrial is registered.

Article 162 (Non-Exclusive License for Prior User of Design Right Restored by Retrial)

In any case of Article 161 (1), a person who works, or makes preparations to work, the relevant

design for business in good faith within the Republic of Korea after the relevant judgment became

final and conclusive but before the 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

makes preparations to work within the scope of business objectives.

Article 163 (Non-Exclusive License for Former Right Holder Deprived of Non-Exclusive

License by Retrial)

(1) If an administrative judgment 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, the person who works, or

makes preparations to work, the relevant design for business in good faith within the Republic

of Korea before the 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 makes

preparations to work or the exclusive license existing at the time the judgment rendered in the

retrial becomes final and conclusive within the scope of business objectives.

(2) A person to whom a non-exclusive license is granted under paragraph (1) shall pay a reasonable

consideration therefor to the owner or exclusive licensee of the relevant design right.

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 contravene its nature.

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 (Lawsuits against Judgment, etc.)

(1) The Patent Court of Korea shall have exclusive jurisdiction over lawsuits against an

administrative judgment rendered by administrative patent judges, lawsuits against a decision to

dismiss a petition without prejudice under Article 49 (1), lawsuits against a decision 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 cases to which

the aforesaid provisions shall apply mutatis mutandis pursuant to Article 164).

(2) A lawsuit under 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) A lawsuit under paragraph (1) shall be filed within 30 days from the date on which a certified

copy of the relevant judgment or decision rendered in an administrative patent trial is served.

(4) The period under 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

hardly accessible area.

(6) A lawsuit on a subject matter of an administrative patent trial may be filed only against an

administrative judgment.

(7) A lawsuit under paragraph (1) may not be filed independent of an administrative judgment on

the consideration under Article 150 (2) 5 or an administrative judgment or a decision on the cost

of trial under Article 153 (1).

(8) A judgment rendered by paragraph (1) may be appealed to the Supreme Court.

Article 167 (Standing to be Sued)

In a lawsuit 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 a lawsuit filed against an administrative judgment rendered in an administrative patent

trial or retrial under Article 121 (1), 122, or 123 (1) or (2).

Article 168 (Notification of Lawsuit and Dispatch of Authenticated Copy of Written Judgment)

(1) Upon receipt of a lawsuit filed against an administrative judgment, a lawsuit against a decision

to dismiss a petition without prejudice under Article 49 (1), which shall apply mutatis mutandis

pursuant to Article 124 (1) (including cases to which 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 Commissioner of the Korean Intellectual Property Office of the

lawsuit or appeal without delay.

(2) When the proceedings of a lawsuit filed under the proviso to Article 167 are completed, the

competent court shall dispatch the authenticated copy of the judgment rendered by the court at

each level on the case to the Commissioner of the Korean Intellectual Property Office without

delay.

Article 169 (Cancellation of Administrative Judgement or Decision)

(1) If a court upholds claims asserted in a lawsuit filed under Article 166 (1), it shall render a

judgment to cancel the relevant administrative judgment or decision.

(2) When a judgement to cancel an administrative judgment or decision under paragraph (1)

becomes final and conclusive, administrative patent judges shall hold hearings again to render

another administrative judgment or decision.

(3) The rationale that underlies cancellation by a judgment rendered under paragraph (1) shall bind

the Intellectual Property Tribunal as regards the relevant case.

Article 170 (Lawsuit against Administrative Judgment or Decision on Consideration)

(1) A person who is dissatisfied with an administrative judgment or decision rendered on

consideration under Article 123 (3) may file a lawsuit with a court.

(2) A lawsuit under paragraph (1) shall be filed within 30 days from the date on which a certified

copy of the relevant administrative judgment or decision is served.

(3) The period under paragraph (2) shall be a peremptory period.

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 the owner of a design right 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 APPLICATION UNDER THE HAGUE

AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF

INDUSTRIAL DESIGNS

SECTION 1 International Application via Korean Intellectual Property Office

Article 173 (International Application)

A person who intends to file an application for the 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”).

[Enforcement Date: Not Determined Yet] Article 173

Article 174 (Persons Entitled to International Application)

In order for a person to be entitled to filing an international application via the Korean Intellectual

Property Office. he/she shall meet any of the following requirements. If two or more 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 who has a domicile in the Republic of Korea (referring to the place of business, if an

applicant is a corporation);

3. A person who has an abode in the Republic of Korea, as prescribed by Ordinance of the

Ministry of Trade, Industry and Energy.

[Enforcement Date: Not Determined Yet] Article 174

Article 175 (Procedure for International Application)

(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 describe the following matters or shall be accompanied by a

statement describing 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 two or more persons intend to jointly file an

international application but their domiciles are different from one another 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 the classification of products in relation to which the design is to be used;

7. The payment method for the fees under 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 make a request for deferment of publication under Article 5 (5) of the Hague

Agreement, he/she may submit a sample 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 include the description of the following matters in the international application, if a

designated Contracting Party requires such description:

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.

[Enforcement Date: Not Determined Yet] Article 175

Article 176 (Effective Date of Submission of International Application and Other Documents)

An international application, documents required for the application, and the documents under

Article 177 (2) shall become effective 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.

[Enforcement Date: Not Determined Yet] Article 176

Article 177 (Examination of Contents, etc.)

(1) The Commissioner of the Korean Intellectual Property Office shall put 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 the

person who filed the international application via the Korean Intellectual Property Office

(hereafter referred to as “international applicant” in this Article).

(2) Notwithstanding 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 “documents for replacement” 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 the language designated by Ordinance of

the Ministry of Trade, Industry and Energy;

2. Where the claims of the international application are not clearly stated;

3. Where it is impossible to identify the international applicant because the name of the 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 executes the procedure for the design);

5. Where the international application is not accompanied by drawings or samples;

6. Where no designated State is indicated.

(3) If a person who was ordered to submit documents for replacement under paragraph (2) submits

such documents within the specified period, the relevant application shall be deemed to be

delivered on the date the documents for replacement are delivered to the Commissioner of the

Korean Intellectual Property Office.

[Enforcement Date: Not Determined Yet] Article 177

Article 178 (Payment of Delivery Charge)

(1) A person who intends to file an international application via the Korean Intellectual Property

Office shall pay the amount of money required for dispatching the international application and

other documents necessary for the application to the International Bureau (herein after referred

to as “delivery charge”) to the Commissioner of the Korean Intellectual Property Office.

(2) The delivery charge, the method and deadline for the payment of the delivery charge, 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 delivery charge, the Commissioner of the Korean Intellectual Property

Office shall order the person to pay it within a reasonable period specified by him/her.

(4) If a person who was ordered to pay the delivery charge under paragraph (3) fails to pay it within

the specified period, the Commissioner of the Korean Intellectual Property Office may declare

the relevant procedure as invalid.

[Enforcement Date: Not Determined Yet] Article 178

SECTION 2 Application for International Design Registration

Article 179 (Application for International Design Registration)

(1) An application for the 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 the design registration under this Act, if the application designates the

Republic of Korea as a designated State.

(2) The date of the international registration under Article 1 (vi) of the Hague Agreement shall be

deemed the filing date of the application for the design registration 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 the

classification 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 place of business

of the corporation, if the applicant is a corporation), the drawings, the product or the

classification 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.

[Enforcement Date: Not Determined Yet] Article 179

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)”.

[Enforcement Date: Not Determined Yet] Article 180

Article 181 (Special Provisions concerning Application for Design Registration)

(1) In applying this Act to an application for international design registration, the publication of the

international registration shall be deemed the filing of an application for design registration

under Article 37 (1).

(2) In applying this Act to an application 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 the brief description of the creation in Article 37 (2) 2 and Article 37

(3) shall not apply to an application for international design registration.

[Enforcement Date: Not Determined Yet] Article 181

Article 182 (Special Provisions concerning Filing Date of Application)

The provisions of Article 38 shall not apply to an application for international design registration.

[Enforcement Date: Not Determined Yet] Article 182

Article 183 (Withdrawal of Application for International Design Registration or Renunciation

of Internationally Registered Design Right Following Termination of International

Registration)

(1) If the international registration terminates, in whole or in part, 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 to be voluntarily withdrawn, in whole or in part, to the

extent of the termination, and the relevant design right internationally registered (referring to the

design right the grant of which the applicant for the international design registration has

registered in the Republic of Korea under Article 198 (2); the same shall apply hereinafter) shall

be deemed to be renounced in whole or in part.

(2) The 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.

[Enforcement Date: Not Determined Yet] Article 183

Article 184 (Special Provisions concerning Confidential Designs)

The provisions of Article 43 shall not apply to an application for international design registration.

[Enforcement Date: Not Determined Yet] Article 184

Article 185 (Inspection of Application for International Design Registration subject to Request

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 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 requests to permit him/her to inspect the relevant application for

international design registration for the purposes of administrative or judicial proceedings

concerning the entitlement of the person who filed the application for international design

registration (hereafter referred to as “applicant for the international design registration” in this

Section);

2. Where a person who has obtained consent from the international registrant recorded in the

International Register requests to permit the inspection.

(2) A person who inspects a confidential copy under paragraph (1) shall not divulge or

misappropriate the information acquired or known to him/her by photographing or

photocopying the inspected contents without authorization.

[Enforcement Date: Not Determined Yet] Article 185

Article 186 (Special Provisions concerning Amendment of Application)

(1) In applying Article 48 (1) to an application for international design registration, “any

description in a drawing or any photograph or sample” in the aforesaid provisions shall be

construed as “any description in a drawing”.

(2) Article 48 (3) shall not apply to an application for international design registration;

(3) In applying Article 48 (4) to an application 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 decision to reject an application for design registration under Article 62” as “a

decision to reject an application for design registration under Article 62 from the date on which

the international registration is published under Article 10 (3) of the Hague Agreement”.

(4) In applying Article 48 (5) to an application for international design registration, “the provisions

of paragraphs (1) through (3)” in the aforesaid provisions shall be construed as “paragraphs (1)

and (2)”

[Enforcement Date: Not Determined Yet] Article 186

Article 187 (Special Provisions concerning Divided Application)

(1) In applying Article 50 (1) to an application 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)”.

[Enforcement Date: Not Determined Yet] Article 187

Article 188 (Special Provision concerning Priority Claim under Treaty)

In applying Article 51 (4) to an application for international design registration, “the filing date of

the application for design registration” in the aforesaid provisions shall be construed as “the date on

which the international registration was published under Article 10 (3) of the Hague Agreement”.

[Enforcement Date: Not Determined Yet] Article 188

Article 189 (Special Provisions concerning Publication of Application)

The provisions of Article 52 shall not apply to an application for international design registration.

[Enforcement Date: Not Determined Yet] Article 189

Article 190 (Special Provisions concerning Effect of Publication of Application)

In applying Article 53 (1) to an application for international design registration, “the publication of

the application under Article 52” in the aforesaid provisions shall be construed as “the publication

of the international registration under Article 10 (3) of the Hague Agreement”, while “the

publication of the application for the design registration under Article 52” in Article 53 (1) and (6)

shall be construed as “the publication of the international registration under Article 10 (3) of the

Hague Agreement” in applying the aforesaid provisions to an application for international design

registration.

[Enforcement Date: Not Determined Yet] Article 190

Article 191 (Special Provisions concerning Succession to Right to Have Design Registered)

(1) In applying Article 57 (3) to an application for international design registration, “unless a report

is filed on the change of the applicant of design registration, except for conveyance by

inheritance or general succession” in the aforesaid provisions shall be construed as “unless a

report is filed by the 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 an application for international design registration.

(3) In applying Article 57 (6) to an application for international design registration, “paragraphs (2)

and (5)” shall be construed as “paragraph (2)”.

[Enforcement Date: Not Determined Yet] Article 191

Article 192 (Special Provisions concerning Expedited Examination)

In applying Article 61 (1) 1 to an application for international design registration, “the publication

of the application under Article 52” shall be construed as “the publication of the international

registration under Article 10 (3) of the Hague Agreement”.

[Enforcement Date: Not Determined Yet] Article 192

Article 193 (Special Provisions concerning Decisions to Reject)

The cases specified in Article 62 (1) 2 as those in which an applicant is not entitled to design

registration under Article 37 (4) shall not be applicable to an application for international design

registration.

[Enforcement Date: Not Determined Yet] Article 193

Article 194 (Special Provisions concerning Notification of Grounds for Rejection)

In applying Article 63 (1) to an application for international design registration, “the applicant for

design registration” in the aforesaid provisions shall be construed as “the applicant for international

design registration via the International Bureau”.

[Enforcement Date: Not Determined Yet] Article 194

Article 195 (Special Provisions concerning Ex Officio Amendment)

The provisions of Article 66 shall not apply to an application for international design registration.

[Enforcement Date: Not Determined Yet] Article 195

Article 196 (Special Provisions concerning Registration Fees and Other 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 the classification of products prescribed by Ordinance of the

Ministry of Trade, Industry and Energy.

(2) Matters concerning 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 an

application for international design registration or an internationally registered design right.

[Enforcement Date: Not Determined Yet] Article 196

Article 197 (Special Provisions concerning Refund of Registration Fees and Other Official Fees)

In applying Article 87 to an application for international design registration, paragraph (1) 3 of said

Article shall not apply to the application for international design registration.

[Enforcement Date: Not Determined Yet] Article 197

Article 198 (Special Provisions concerning Registration of Grant of Design Right)

(1) Article 90 (2) shall not apply to an application 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.

[Enforcement Date: Not Determined Yet] Article 198

Article 199 (Special Provisions concerning Duration of Design Right)

(1) An internationally registered design right shall arise on the date the grant of the design right is

registered in the Republic of Korea under Article 198 (2) and shall remain effective until the

fifth anniversary of the date of international registration under Article 10 (2) of the Hague

Agreement (hereinafter referred to as “the date of 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 international

registration (hereafter referred to as “expiry date of international registration”) 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 international registration.

(2) The duration of an internationally registered design right under paragraph (1) may be renewed

for additional terms of five years consecutively under Article 17 (2) of the Hague Agreement.

[Enforcement Date: Not Determined Yet] Article 199

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 there is no amendment under Article 48: The description recorded in the International

Register, drawings, and the description of the design;

2. If there is an amendment under Article 48: The description in the amended application for

design registration, the amended drawings, and the amended description of the design.

[Enforcement Date: Not Determined Yet] Article 200

Article 201 (Special Provisions concerning Effect of Registration of Design Right)

(1) The assignment of an internationally registered design right, the extinguishment of an

internationally registered design right by renunciation, or the renewal of the duration of an

internationally registered design right shall take effect when such an 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).

(2) In applying Article 98 (1) 1 to an internationally registered design right, “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

construed as “a limitation on the disposal of a design right”.

(3) In applying Article 98 (2) to an internationally registered design right, “a design right, an

exclusive license” in the aforesaid provisions shall be construed as “an exclusive license”.

[Enforcement Date: Not Determined Yet] Article 201

Article 202 (Special Provisions concerning Renunciation of Design Right)

(1) Article 106 (1) shall not apply to an internationally registered design right.

(2) In applying Article 107 to an internationally registered design right, “a design right, an

exclusive license” in the aforesaid provisions shall be construed as “an exclusive license”.

[Enforcement Date: Not Determined Yet] Article 202

Article 203 (Effect 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 “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 after a decision is made on whether to register the relevant

application for international design registration, the decision on whether to register the

application shall be deemed to have never been made.

[Enforcement Date: Not Determined Yet] Article 203

Article 204 (Special Provisions concerning Right to Seek Injunction against Infringement, etc.)

The provisions of Article 113 (2) shall not apply to an internationally registered design right.

[Enforcement Date: Not Determined Yet] Article 204

Article 205 (Special Provisions concerning Inspection of Documents, etc.)

In applying Article 206 (2) to an application 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 Agreement”.

[Enforcement Date: Not Determined Yet] Article 205

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 Tribunal to certify an application for design registration or

of an administrative trial or retrial, issue a certified transcript or abstract of a document, or

permit him/her to inspect or photocopy the Design Register or any other document, as he/she

needs.

(2) Upon receipt of a request under paragraph (1), the Commissioner of the Korean Intellectual

Property Office or the President of the Intellectual Property Tribunal may determine not to

permit the certification, inspection, or photocopying of the documents relating to an application

for design registration in which case the application has not been published under Article 52 and

the grant of the design right has not be registered yet, and the documents that are likely to

disturb public order or morality.

Article 207 (Prohibition of Taking-Out or Disclosure of Documents Relating to Application,

Examination, Trial, 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 for objection to partially-examined

design registration, documents relating to an administrative patent trial or retrial, or the Design

Register shall not be taken outside:

1. Where an application for design registration or documents relating to the examination of such

application are taken outside 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 for objection to partially-examined design registration, documents

relating to an administrative patent trial or retrial, or the Design Register is taken outside for

the entrustment of digitization of design documents under Article 208 (2);

3. Where an application for design registration, documents relating to the examination of such

application, a petition for objection to partially-examined design registration, documents

relating to an administrative patent trial or retrial, or the Design Register is taken outside for

the online remote service under Article 32 (2) of the Electronic Government Act.

(2) Neither a testimony as an expert witness or as a witness nor an answer to an inquiry may 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 an administrative

judgment 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 carry out 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 for objection

to partially-examined design registration, or documents relating to administrative patent trials or

retrials, or the Design Register or similar services (hereinafter referred to as “services for the

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 the

digitization of design documents to corporations equipped with facilities and human resources

prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(3) A person who works or worked as an executive or employee for a person to whom the services

for the digitization of design documents are entrusted under paragraph (2) (hereinafter referred

to as “agency for digitizing design documents”) shall not divulge or misappropriate confidential

information about the design claimed in an application for design registration and known to

him/her in the course of performance of 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 and documents in the files in the electronic

information processing systems used by the Korean Intellectual Property Office and the

Intellectual Property Tribunal.

(5) The contents stored in a file in accordance with paragraph (4) shall be deemed the same as the

contents written in relevant paper documents.

(6) The methods for the digitization of design documents and other matters necessary for the

services for the 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 measures for rectification or may revoke entrustment, if an agency for digitizing

design documents does not comply with an order to take measures for rectification. An agency

for digitizing design documents shall be given an opportunity to vindicate itself before issuing

such an order.

Article 209 (Service of Documents)

Necessary matters concerning the procedure for serving documents specified in this Act shall be

prescribed by Presidential Decree.

Article 210 (Service by Public Notice)

(1) If it is impossible to serve a document on a person because of incorrect information about the

address or place of business of the person, the service on the person shall be made by public

notice.

(2) Service by public notice shall be made by publishing the statement that the relevant document is

available for delivery to the person on whom it is to be served at any time in the Design Gazette.

(3) The initial service by public notice shall take effect two weeks after the date of publication in

the Design Gazette: Provided, That subsequent service by public notice to the same party shall

take effect on the day immediately after the date of publication in the Design Gazette.

Article 211 (Service on Overseas Residents)

(1) The documents that shall be served on an overseas resident shall be delivered to his/her design

administrator, if the overseas resident has a design administrator.

(2) The documents that shall be served on an overseas resident may be dispatched to the overseas

resident by registered airmail, if the overseas resident has no design administrator.

(3) If documents are dispatched by registered airmail under paragraph (2), such documents shall be

deemed to be served on the mailing date of the documents.

Article 212 (Design Gazette)

(1) The Korean Intellectual Property Office shall publish the Design Gazette.

(2) The Design Gazette may be published by an electronic medium, 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 service by public notice through information and communications

networks.

(4) Information that shall 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

a case 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)

The owner of a design right or an exclusive or non-exclusive licensee may put a mark indicating

design registration on the products to which the registered design is applied or containers or

packaging materials of such products.

Article 215 (Prohibition of Fraudulent Indication)

No person shall commit any of the following acts:

1. Putting a mark indicating design registration or application pending for design registration or

any mark that can be easily mistaken 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;

3. Putting 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

that can be easily mistaken as such mark on an advertisement, signboard, or tag in order to

produce, use, transfer, or rent the product.

Article 216 (Restriction on Appeal)

(1) No appeal may be filed under any other Act against a decision to dismiss an amendment

without prejudice, a decision on whether to accept an application for design registration, a

decision or an administrative judgment to cancel the registration of a design, or a decision 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 (Order to Keep Confidential)

(1) If a party to a lawsuit on infringement on 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 the 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 adverse party (the representative of

the corporation, if the adverse party 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 or

disclose the trade secret to any person other than those to whom the afore-mentioned order is

issued under this paragraph: Provided, That the foregoing shall not apply where the adverse

party (the representative of the corporation, if the adverse party is a corporation), the person

representing the party for the lawsuit, or any 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:

1. The trade secret is contained in a brief that has been already submitted or shall be submitted or

in the evidence that has been already examined or shall 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 the order under paragraph I1) (hereinafter referred to as “order of confidentiality”)

shall be filed in writing, describing the following matters therein:

1. The persons to whom the order of confidentiality shall be issued;

2. Facts sufficient to identify the trade secret to be protected by the order of confidentiality;

3. Facts relevant to the ground specified in either subparagraph of paragraph (1).

(3) A court that decides to issue an order of confidentiality shall serve the written decision on the

persons who shall comply with the order of confidentiality.

(4) An order of confidentiality shall take effect at the time the written decision under paragraph (3)

is served on the persons who shall comply with the order of confidentiality.

(5) An immediate complaint may be filed against a decision to dismiss, on the merits or without

prejudice, a request to issue an order of confidentiality.

Article 218 (Revocation of Order of Confidentiality)

(1) If any of the requirements under Article 217 (1) is not met or ceases to be met, the person who

requested an order of confidentiality or a person who has been subjected to an order of

confidentiality may request the court in which trial records are preserved (or the court that

issued the order of confidentiality, if the trial records are not preserved in any court) to revoke

the order of confidentiality.

(2) When a court makes a decision on a request for the revocation of an order of confidentiality, it

shall serve the written decision on the person who filed the request and the adverse party.

(3) An immediate complaint may be filed against a decision on a request for the revocation of an

order of confidentiality.

(4) A decision to revoke an order of confidentiality takes effect when it becomes final and

conclusive.

(5) If there is any person who has been subjected to an order of confidentiality to keep trade secret

confidential in addition to the person who filed the request for the revocation of an order of

confidentiality or the adverse party, the court that makes a decision to revoke the order of

confidentiality shall notify the person immediately of the decision to revoke the order of

confidentiality.

Article 219 (Notification, etc. of Request 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 of confidentiality was issued

(excluding lawsuits in which an order of confidentiality has been revoked) and the party who

filed a request to permit the inspection of the confidential records defined under aforesaid

paragraph is not a person who had been subjected to the order of 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 filed the request under Article 163 (1) of the Civil

Procedure Act (excluding the person who filed the request for the 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 the request.

(2) In cases of paragraph (1), no court official shall permit a person who filed a request for the

permission for the 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 on which the decision on the request to issue an order of confidentiality

to the person who filed the request under paragraph (1) becomes final and conclusive, if the

request for the order of confidentiality was filed before the date).

(3) Paragraph (2) shall not apply where a person who filed a request for the 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 PENAL PROVISIONS

Article 220 (Infringement)

(1) Any person who infringes a design right or an exclusive license shall be punished by

imprisonment for not more than seven years or by a fine not exceeding 100 million won.

(2) No person shall be prosecuted for the crime under paragraph (1) without a criminal complaint

filed by the injured party.

Article 221 (Perjury)

(1) Any witness, expert witness, or interpreter who gives a false statement under oath under this

Act in his/her testimony, expert opinion, or interpretation before the Intellectual Property

Tribunal shall be punished by imprisonment for not more than five years or by a fine not

exceeding 10 million won.

(2) If a person who committed the crime under paragraph (1) surrenders himself/herself to justice

before the decision on whether to accept an application for design registration or the decision or

administrative judgment on a petition for objection to partially-examined design registration

becomes final and conclusive with respect to the relevant case, the sentence upon him/her may

be abated or remitted.

Article 222 (Fraudulent Indication)

Any person who violates Article 215 shall be punished by imprisonment 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 an administrative judgment by fraud or other

misconduct shall be punished by imprisonment for not more than three years or by a fine not

exceeding 20 million won.

Article 224 (Breach of Order of Confidentiality)

(1) Any person who breaches an order of confidentiality issued under Article 217 (1), inside or

outside the Republic of Korea, without valid cause shall be punished by imprisonment for not

more than five years or by a fine not exceeding 50 million won.

(2) No person shall be prosecuted for the crime under paragraph (1) without a criminal complaint

filed by the person who requested to issue the order of confidentiality.

Article 225 (Divulgence of Confidential Information, etc.)

(1) Any person who divulges or misappropriates confidential information known to him/her about a

design claimed in an application pending for design registration (including designs claimed in

an application pending for international design registration, for which a request for deferment

has been filed under Article 11 of the Hague Agreement) in the course of performance of his/her

duties, while working for the Korean Intellectual Property Office or the Intellectual Property

Tribunal as an employee, shall be punished by imprisonment for not more than five years or by

a fine not exceeding 50 million won.

(2) Any person who divulges confidential information known to him/her about a confidential

design under Article 43 (1) in the course of performance of his/her duties, while working for the

Korean Intellectual Property Office or the Intellectual Property Tribunal as an employee, shall

be punished by imprisonment 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 confidential design

by photographing or photocopying it without permission in violation of Article 43 (5), while

inspecting the confidential information under Article 43 (4), (excluding the persons specified in

Article 43 (4) 4) shall be punished by imprisonment 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 for

not more than two years or by a fine not exceeding 20 million won.

Article 226 (Legal Fiction of Deeming Executives and Employees of Specialized Organizations,

etc. as Public Officials)

Any person who works or worked for a specialized organization under Article 59 (1) or an agency

for the digitization of design documents under Article 208 as an executive or employee shall be

deemed as a person who works or worked for the Korean Intellectual Property Office or the

Intellectual Property Tribunal as an employee for the purpose of applying Article 225 to the person.

Article 227 (Joint Penal Provisions)

If the representative of a corporation or an agent, employee, or servant who works for a corporation

or for an individual commits an offense in violation of Article 220 (1), 222, or 223 in connection

with the business of the corporation or individual, not only such offender be punished accordingly,

but the corporation also shall be punished by the fine prescribed in either of the following

subparagraph and the individual by the fine prescribed in the relevant Article: Provided, That the

foregoing shall not apply where the corporation or individual has not neglected due care and

supervision over the relevant business to prevent such offense:

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 an act that constitutes the infringement under 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 out of the total amount of his/her

damages.

Article 229 (Fines for Negligence)

(1) Any of the following persons shall be punished by a fine for negligence not exceeding 500,000

won:

1. A person who gives a false statement before the Intellectual Property Tribunal 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 who was ordered by the Intellectual Property Tribunal to submit or present a

document or any other article in connection with the examination or preservation of evidence

but does not comply with the order without valid cause;

3. A person who was summoned by the Intellectual Property Tribunal to make an appearance as

a witness, expert witness, or interpretor but does not comply with the summons or refuses to

take oath, make statements, give a testimony or expert opinion, or serve as an interpretor

without valid cause.

(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Commissioner

of the Korean Intellectual Property Office, as prescribed by Presidential Decree.

ADDENDA <Act No. 11848, May 28, 2013>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2014: Provided, That the amended provisions of Article 4

above 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 the 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 the designs claimed as related

designs in an application filed for design registration within one year after this Act enters into force,

among the 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 the designs claimed as related

designs in an application filed for design registration after this Act enters into force, among the

designs similar only to a design for which an exclusive license was granted before this Act enters

into force.

Article 5 (Applicability to Amendment in 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 Decision to Dismiss

Amendment to Application for Registration of Multiple Designs)

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 of the designs

claimed in an application filed for the registration of multiple designs before this Act enters into

force.

Article 7 (Applicability to Ex Officio Amendment)

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 for Objection to Partially-Examined Design Registration of

Multiple Designs)

The amended provisions of Article 68 shall apply to the 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 the applications filed for

design registration after this Act enters into force.

Article 10 (Applicability to Duration of Design Right)

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)

Duration of Design Right)

The amended provisions of Article 105 shall also apply to the 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 the 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 the applications filed for design registration

after this Act enters into force.

Article 14 (Transitional Measures concerning Persons Declared Incompetent, etc.)

The term “persons under adult guardianship and persons under limited guardianship” in the amended

provisions of Article 4 (1) shall be deemed to include the persons upon whom the 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.

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, the designs claimed in an application for design registration or registered

as similar designs under former provisions before this Act enters into force shall be governed by

former provisions.

Article 16 (Transitional Measures concerning Denial of Application Abandoned or Decided to

Reject Following Amendment 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 decision or judgment to reject such application becomes final

and conclusive.

Article 17 (Transitional Measures concerning Publication of Application Decided to Reject in

Design Gazette Following Amendment 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 License of Prior Application

Following Amendment 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 an

application filed for design registration before July 1, 2007, even where such application meets 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 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 this Act contains such relevant provision.

ADDENDA <Act No. 11962, Jul. 30, 2013>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That Article

10 (5) of the Addenda shall enter into force on July 1, 2014. (Proviso Partially Omitted.)

Articles 2 through 10 Omitted.

ADDENDUM <Act No. 12288, Jan. 21, 2014>

This Act shall enter into force on the date of its promulgation: Provided, That the amended

provisions of Article 86 (2) of the whole amendment (Act No. 11848) to the Design Protection Act

shall enter into force on July 1, 2014.