Об интеллектуальной собственности Обучение в области ИС Обеспечение уважения интеллектуальной собственности Информационно-просветительская работа в области ИС ИС для ИС и ИС в области Информация о патентах и технологиях Информация о товарных знаках Информация о промышленных образцах Информация о географических указаниях Информация о новых сортах растений (UPOV) Законы, договоры и судебные решения в области ИС Ресурсы в области ИС Отчеты в области ИС Патентная охрана Охрана товарных знаков Охрана промышленных образцов Охрана географических указаний Охрана новых сортов растений (UPOV) Разрешение споров в области ИС Деловые решения для ведомств ИС Оплата услуг в области ИС Органы по ведению переговоров и директивные органы Сотрудничество в целях развития Поддержка инновационной деятельности Государственно-частные партнерства Инструменты и сервисы на базе ИИ Организация Работа с ВОИС Подотчетность Патенты Товарные знаки Промышленные образцы Географические указания Авторское право Коммерческая тайна Академия ВОИС Практикумы и семинары Защита прав ИС WIPO ALERT Информационно-просветительская работа Международный день ИС Журнал ВОИС Тематические исследования и истории успеха Новости ИС Премии ВОИС Бизнеса Университетов Коренных народов Судебных органов Генетические ресурсы, традиционные знания и традиционные выражения культуры Экономика Финансирование Нематериальные активы Гендерное равенство Глобальное здравоохранение Изменение климата Политика в области конкуренции Цели в области устойчивого развития Передовых технологий Мобильных приложений Спорта Туризма PATENTSCOPE Патентная аналитика Международная патентная классификация ARDI – исследования в интересах инноваций ASPI – специализированная патентная информация Глобальная база данных по брендам Madrid Monitor База данных Article 6ter Express Ниццкая классификация Венская классификация Глобальная база данных по образцам Бюллетень международных образцов База данных Hague Express Локарнская классификация База данных Lisbon Express Глобальная база данных по ГУ База данных о сортах растений PLUTO База данных GENIE Договоры, административные функции которых выполняет ВОИС WIPO Lex – законы, договоры и судебные решения в области ИС Стандарты ВОИС Статистика в области ИС WIPO Pearl (терминология) Публикации ВОИС Страновые справки по ИС Центр знаний ВОИС Серия публикаций ВОИС «Тенденции в области технологий» Глобальный инновационный индекс Доклад о положении в области интеллектуальной собственности в мире PCT – международная патентная система Портал ePCT Будапештская система – международная система депонирования микроорганизмов Мадридская система – международная система товарных знаков Портал eMadrid Cтатья 6ter (гербы, флаги, эмблемы) Гаагская система – система международной регистрации образцов Портал eHague Лиссабонская система – международная система географических указаний Портал eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Посредничество Арбитраж Вынесение экспертных заключений Споры по доменным именам Система централизованного доступа к результатам поиска и экспертизы (CASE) Служба цифрового доступа (DAS) WIPO Pay Текущий счет в ВОИС Ассамблеи ВОИС Постоянные комитеты График заседаний WIPO Webcast Официальные документы ВОИС Повестка дня в области развития Техническая помощь Учебные заведения в области ИС Поддержка в связи с COVID-19 Национальные стратегии в области ИС Помощь в вопросах политики и законодательной деятельности Центр сотрудничества Центры поддержки технологий и инноваций (ЦПТИ) Передача технологий Программа содействия изобретателям (IAP) WIPO GREEN PAT-INFORMED ВОИС Консорциум доступных книг Консорциум «ВОИС для авторов» WIPO Translate для перевода Система для распознавания речи Помощник по классификации Государства-члены Наблюдатели Генеральный директор Деятельность в разбивке по подразделениям Внешние бюро Вакансии Закупки Результаты и бюджет Финансовая отчетность Надзор
Arabic English Spanish French Russian Chinese
Законы Договоры Решения Просмотреть по юрисдикции

Республика Корея

KR111

Назад

Patent Attorney Act (Act No. 864 of December 23, 1961, as amended up to Act No. 9224 of December 26, 2008)

 Patent Attorney Act

PATENT ATTORNEY ACT

Act No. 864, Dec. 23, 1961 Amended byAct No. 2510, Feb. 8, 1973

Act No. 2957, Dec. 31, 1976 Act No. 4541, Mar. 6, 1993 Act No. 5454, Dec. 13, 1997 Act No. 5815, Feb. 5, 1999 Act No. 5826, Feb. 8, 1999 Act No. 6225, Jan. 28, 2000 Act No. 6753, Dec. 5, 2002 Act No. 7289, Dec. 31, 2004 Act No. 7428, Mar. 31, 2005 Act No. 7796, Dec. 29, 2005 Act No. 7870, Mar. 3, 2006 Act No. 8457, 2007 Act No. 8852, Feb. 29, 2008 Act No. 8936, Mar. 21, 2008 Act No. 9224, Dec. 26, 2008

Article 1 (Purpose) The purpose of this Act is to contribute to the protection of rights and interests of

inventors and the development of industrial property right system and industry by establishing the patent attorney system.

[This Article Wholly Amended by Act No. 6225, Jan. 28, 2000]

Article 1-2 Deleted. <by Act No. 5826, Feb. 8, 1999>

Article 2 (Business) A patent attorney shall engage in the business of acting as an agent on the matters to

be directed to the Korean Intellectual Property Office or courts concerning a patent, utility model, design or trademark, or performing appraisal and other acts thereon. <Amended by Act No. 7289, Dec. 31, 2004>

Article 3 (Qualifications) (1) Any of the following persons shall be qualified for a patent attorney:

1. A person who passes a patent attorney examination;

2. A licensed attorney-at-law under the Attorney-at-Law Act who completes registration as a patent attorney;

3. Deleted. <by Act No. 6225, Jan. 28, 2000>

(2) Deleted. <by Act No. 6225, Jan. 28, 2000>

[This Article Wholly Amended by Act No. 5826, Feb. 8, 1999]

Article 4 (Disqualifications) A person who falls under any of the following subparagraphs shall not be qualified for a

patent attorney: <Amended by Act No. 5826, Feb. 8, 1999; Act No. 7428, Mar. 31, 2005>

1. A person who has been sentenced to an actual punishment of imprisonment without prison labor or heavier and for whom three years have not elapsed since the execution thereof was terminated (including any case where the execution thereof is deemed to be terminated) or remitted;

1-2. A person who has been sentenced to a stay of execution of an punishment of imprisonment without prison labor or heavier and who is during a period of such stay;

2. A minor, an incompetent or a quasi-incompetent;

3. A person who has been declared bankrupt and is yet to be reinstated; and

4. A person who has been dismissed from his office by an impeachment or disciplinary action or who has been subject to the revocation of registration or has been expelled under this Act or the Attorney-at-Law Act, and for whom two years have not elapsed since such dismissal, revocation of registration or expulsion.

Article 4-2 (Patent Attorney Examination) (1) The patent attorney examination shall be held by the Commissioner of the Korean

Intellectual Property Office.

(2) The patent attorney examination shall consist of the first examination and the second examination.

(3) Subjects of the patent attorney examination and other necessary matters relating to the examination shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 4-3 (Partial Exemption of Examination) (1) Any person who has served as a civil servant of Grade VII or higher in his rank with the

assignment of patent administrative affairs for not less than 10 years in the Korean Intellectual Property Office shall be exempted from the first examination.

(2) Any person who has served as a public official of Grade V or higher in his rank, or a public official in general service belonging to the senior executive service with the assignment of patent administrative affairs in the Intellectual Property Office for not less than 5 years shall be exempted from all subjects of the first examination, and from part of the subjects of the second examination, and the part of the subjects thus to be exempted shall be prescribed by the Presidential Decree. <Amended by Act No. 7796, Dec. 29, 2005>

(3) Any successful test-taker in the first examination shall be exempted from the next first examination only once.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 4-4 (Patent Attorney Qualification Examination Committee) (1) The Patent Attorney Qualification Examination Committee may be established in the

Korean Intellectual Property Office to deliberate on matters falling under each of the following subparagraphs in respect of obtaining qualifications for patent attorneys:

1. Matters relating to the examination such as subjects of the patent attorney examination, etc.;

2. Determination of number of successful test-takers;

3. Persons subject to partial exemption from the examination; and

4. Important matters relating to the obtaining of patent attorney qualifications.

(2) Necessary matters concerning the composition, function and operation, etc. of the Patent Attorney Qualification Examination Committee shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 4-5 (Punishment on Cheaters) The Commissioner of the Korean Intellectual Property Office shall interrupt the relevant

examination or cancel the decision of success for persons falling under any one of the following subparagraphs, and suspend their eligibility to apply for an examination for three years from the date of the disposition thereof:

1. A person who has cheated in the examination; and

2. A person who has made any false entry in clarifying documents.

[This Article Newly Inserted by Act No. 8457, May 17, 2007]

Article 5 (Registration) (1) Any person who is qualified as a patent attorney shall, when he intends to commence

his patent service business, file registration with the Commissioner of the Korean Intellectual Property Office.

(2) Any person who intends to file registration as prescribed in paragraph (1) shall complete the in-service training for not less than one year prior to filing such registration as prescribed by the Presidential Decree: Provided, That the same shall not apply to any person who is an attorney as prescribed in the provisions of Article 3 (1) 2, falls under the provisions of Article 4-3 (1) and (2) or intends to file registration again after his registration has been cancelled in accordance with the provisions of Article 5-3.

(3) Necessary matters concerning the application for the registration of patent attorney and other registration shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 6225, Jan. 28, 2000]

Article 5-2 (Denial of Registration) (1)The (1)The Commissioner of the Korean Intellectual Property Office shall, if any

person filing an application for registering himself as a patent attorney in accordance with Article 5 (1) falls under any of the following subparagraphs, deny his registration:

1. A person who falls under any subparagraph of Article 4;

2. A person who is under an obligation to undergo the in-service training in accordance with Article 5 (2) fails to do so.

(2)The (2)The Commissioner of the Intellectual Property Office may deny registration if a person who has prosecuted for a crime or submitted to a disciplinary action while in office, or has retired from office due to an illegal act with regard to his duties is deemed remarkably unfit to perform the duties of a patent attorney. <Newly Inserted by Act No. 7870, Mar. 3, 2006>

(3)The (3)The Commissioner of the Intellectual Property Office shall, when he has denied registration in accordance with paragraphs (1) and (2), notify without delay the applicant thereof by specifying the reason therefor. <Newly Inserted by Act No. 7870, Mar. 3, 2006>

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 5-3 (Revocation of Registration) The Commissioner of the Korean Intellectual Property Office shall revoke a registration

of a patent attorney who falls under any of the following:

1. Where he falls under any subparagraph of Article 4;

2. Where a request is made for the revocation of registration;

3. Where he makes a report of business closure under the provisions of Article 6-2 (2);

4. Where he dies.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6 (Registration Fee) A person who intends to register as a patent attorney shall pay a registration fee

pursuant to Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5826, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008>

Article 6-2 (Establishment of Office) (1) A patent attorney who intends to establish an office to conduct business as a patent

attorney shall establish his/her office at one place only.

(2) A patent attorney who opens, suspends or closes his/her business or establishes, relocates or closes his/her office shall promptly report thereon to the Commissioner of Korean Intellectual Property Office.

[This Article Newly Inserted by Act No. 2510, Feb. 8, 1973]

Article 6-3 (Establishment of Corporation) (1) Any patent attorney may establish a corporation made up of not l ess than five patent

attorneys to render patent services systematically and professionally, as prescribed by Presidential Decree.

(2) If any patent attorney intends to establish a corporation, patent attorneys to become partners of such corporation shall prepare its articles of incorporation and obtain authorization therefor from the Commissioner of the Korean Intellectual Property Office, as prescribed by Presidential Decree. The foregoing shall also apply to a proposed modification of the articles of incorporation.

(3) Each of the following matters shall be entered in the articles of incorporation:

1. Objective, name, the location of principal office and branch office;

2. Names and domiciles of partners;

3. Matters relating to meetings of partners;

4. Matters relating to the representative of corporation;

5. Matters relating to assets and accounting;

6. Duration period or grounds for dissolution if such matters are determined.

(4) Any corporation shall file registration of its patent services, as prescribed by Presidential Decree.

(5) Any corporation shall be deemed to be established after filing registration of its establishment in the location of its principal office.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6-4 (Partners, etc.) (1) Any partner of a corporation shall, if he falls under any cause of the following

subparagraphs, deservedly secede from such corporation:

1. When he falls under any subparagraph of Article 4;

2. When he is subjected to a disposition taken to suspend his duties or qualification as patent attorney in a disciplinary action under the provisions of Article 17, and Article 72 of the Attorney-at-Law Act; and

3. When any cause prescribed by the articles of incorporation occurs.

(2) Any corporation may employ patent attorney other than partners (hereinafter referred to an "employed patent attorney") and such corporation shall, if it puts any employed patent attorney on the payroll or removes any employed patent from the payroll, file without delay a report thereof with the Commissioner of the Korean Intellectual Property Office.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6-5 (Office, etc. of Corporation) (1) Any corporation may set up its branch office and not less than one partner shall always

work in such branch office.

(2) Any partner or any employed patent attorney of a corporation shall be prohibited from setting up any office other than the office belonging to such corporation and working for other corporation as a partner or an employed patent attorney.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6-6 (Method of Rendering Patent Services) (1) Any corporation shall render the patent services in its name and in providing the patent

services, shall designate a patent attorney in charge of such patent services: Provided, That such designation shall be made in a manner that any employed patent attorney and any partner can work together.

(2) Any partner or any employed patent attorney designated under the provisions of paragraph (1) shall represent his corporation in respect of the patent services of which he is in charge.

(3) Any corporation shall mark its name on any documents it prepares in respect of its patent services and any partner in charge or any employed patent attorney in charge shall sign his name and affix his seal to such documents.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6-7 (Restrictions on Patent Services by Partners, etc.) (1) Any partner or any employed patent attorney of a corporation shall be prohibited from

rendering any patent services belonging to the province of the patent services of such corporation for himself or any third person.

(2) Any person who was a partner of a corporation or any other person who was an employed patent attorney of such corporation shall be prohibited from rendering any patent services as a patent attorney, which were commissioned to such corporation during a period for which he worked for such corporation.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6-8 (Revocation of Authorization for Establishment of Corporation) (1) If any corporation falls under any of the following subparagraphs, the Commissioner of

the Korean Intellectual Property Office shall revoke the authorization for its establishment: <Amended by Act No. 8936, Mar. 21, 2008>

1. When a corporation obtains authorization under Article 6-3 by fraudulent or other illegal means;

2. When a corporation fails to make up for a shortage of the number of patent attorneys within three months from the date on which it falls short of the number of patent attorneys prescribed in Article 6-3 (1);

3. When a corporation violates Article 6-4 (2), 6-5, 6-6, 6-7, 11 or 6-2 (2), 7, 7-2, or 8-2 through 8-4 applicable mutatis mutandis in Article 6-10.

(2)If (2)If the Commissioner of the Korean Intellectual Property Office intends to revoke authorization for the establishment of any corporation in accordance with paragraph (1), he/she shall hold a hearing.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6-9 (Dissolution) (1) If a corporation falls under any of the following grounds, the corporation shall be

dissolved:

1. Occurrence of any ground for dissolution, prescribed in the articles of incorporation;

2. All patent attorneys consent to dissolution;

3. Merger;

4. Bankruptcy;

5. Revocation of the authorization for establishment.

(2) Where a corporation is dissolved, the liquidator thereof shall forthwith report thereon to the Commissioner of the Korean Intellectual Property Office.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 6-10 (Applicable Provisions) (1) The provisions of Articles 6-2 (2), 7, 7-2, 8 and 8-2 through 8-4 shall apply mutatis

mutandis to the corporation.

(2) The provisions concerning the commercial partnership of the Commercial Act shall apply mutatis mutandis to the corporation except as otherwise provided for in this Act.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 7 (Cases which shall not be Handled) A patent attorney shall not handle a case which he has previously handled as an agent

of the other party of the case.

Article 7-2 ( Ban of Affiliation with Non-Patent Attorney) A patent attorney shall not accept any request or brokerage concerning patent, utility

model, design or trademark from those who have violated the provisions of Article 5, 22 or 23, or shall not cause them to use his name. <Amended by Act No. 7289, Dec. 31, 2004>

[This Article Newly Inserted by Act No. 2510, Feb. 8, 1973]

Article 8 (Qualification to Become Representative for Litigation) A patent attorney may become a trial lawyer in connection with matters pertaining to

patent, utility model, design or trademark. <Amended by Act No. 7289, Dec. 31, 2004>

Article 8-2 (Obligations to Maintain Dignity, Sincerity and Fairness) Any patent attorney shall not perform any act of losing his dignity and shall render his

patent services sincerely and fairly in accordance with Acts and subordinate statutes.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 8-3 (Prohibition on Name Lending, etc.) (1) Any patent attorney shall be prohibited from letting any other person render patent

services making use of his name and trade name and from lending his qualification or his registration certificate.

(2) Any patent attorney shall be prohibited from receiving any interest from his counterpart, ask his counterpart for such interest or promising such interest in respect of a case of which he is in charge.

(3) Any patent attorney shall be prohibited from transferring or taking over rights in dispute.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 8-4 (Office Staff) Any patent attorney may employ office staff and is responsible for guiding and

supervising them.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 9 (Establishment of Korea Patent Attorneys Association) (1) The Korea Patent attorneys Association (hereinafter referred to as the "Patent Attorneys

Association") shall be established for the purpose of promoting the development of industrial property right system, elevating the dignity of patent attorneys, and improving the businesses thereof.

(2) The Patent Attorneys Association shall be a corporation.

(3) Except for matters concerning the Patent Attorneys Association prescribed in this Act, the provisions concerning incorporated association of the Civil Act shall apply mutatis mutandis thereto.

(4) The Patent Attorneys Association may set up chapters or branches by obtaining approval from the Commissioner of the Intellectual Property Office.

(5) The organization of the Patent Attorneys Association, and other necessary matters shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 7870, Mar. 3, 2006]

Article 10 (Rules of Patent Attorneys Association) (1) The Patent Attorneys Association shall prescribe its rules and obtain authorization of the

Commissioner of the Intellectual Property Association therefor. The same shall apply when the rules are to be modified.

(2) The rules referred to in paragraph (1) shall stipulate matters falling under each of the following subparagraphs:

1. Matters with regard to officers and members;

2. Matters with regard to meetings;

3. Matters with regard to the modification of rules; and

4. Other necessary matters with regard to the management of business of the Association.

[This Article Newly Inserted by Act No. 7870, Mar. 3, 2006]

Article 11 (Obligatory Affiliation with Patent Attorneys Association) The patent attorneys registered under Article 5 (1) and the corporation established

under Article 6-3 (1) shall join the Patent Attorneys Association.

[This Article Newly Inserted by Act No. 7870, Mar. 3, 2006]

Article 12 (Ethical Provisions) (1) The Patent Attorneys Association shall set rules with regard to professional ethics for its

members to observe in performing their duties.

(2) The members shall observe the provisions with regard to professional ethics referred to in paragraph (1).

[This Article Newly Inserted by Act No. 7870, Mar. 3, 2006]

Article 13 (Supervision with Respect to Patent Attorneys Association) (1) The Commissioner of the Intellectual Property Office shall supervise the Patent

Attorneys Association.

(2) The Commissioner of the Intellectual Property Office may, when he deems it necessary, require the Patent Attorneys Association to present a report with respect to the Patent Attorneys Association, or have a public official under his control inspect the records of business situation of the Patent Attorneys Association, and other documents.

(3) The Commissioner of the Intellectual Property Office shall, when he intends to make an inspection under paragraph (2), notify the person concerned of the inspection plan which includes the date and time, reason, contents, etc. of the inspection 7 days before making the inspection: Provided, That the same shall not apply where it requires urgency, or is deemed difficult to attain the object of such inspection due to a destruction of evidence, etc. when an advance notification is given.

(4) The public official who carries out the inspection under paragraph (2) shall carry a certificate indicating his authority, present it to the person concerned, and deliver a document wherein the name, time for access, purpose of access, etc. are stated to the person concerned when he gets access thereto.

[This Article Newly Inserted by Act No. 7870, Mar. 3, 2006]

Articles 14 through 15 Deleted. <by Act No. 5826, Feb. 8, 1999>

Article 16 (Patent Attorneys Disciplinary Committee) (1) If a patent attorney acts in contravention of this Act or an order issued under this Act,

the Commissioner of the Intellectual Property Office may reprimand him in accordance with the resolution of the Patent Attorneys Disciplinary Committee. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5454, Dec. 13, 1997; Act No. 5826, Feb. 8, 1999; Act No. 7870, Mar. 3, 2006>

(2) The Patent Attorneys Disciplinary Committee referred to in paragraph (1) shall be placed under the supervision of the Commissioner of the Intellectual Property Office. <Newly Inserted by Act No. 6225, Jan. 28, 2000; Act No. 7870, Mar. 3, 2006>

(3) The Patent Attorneys Disciplinary Committee shall consist of 7 members including the chairman. <Newly Inserted by Act No. 6225, Jan. 28, 2000>

(4) The Deputy Commissioner of the Intellectual Property Office shall be the chairman and the members shall be appointed or commissioned by the Commissioner of the Intellectual

Property Office from among public officials working for the Intellectual Property Office, patent attorneys, or professors of universities and colleges. <Newly Inserted by Act No. 6225, Jan. 28, 2000; Act No. 7870, Mar. 3, 2006>

(5) Necessary matters other than paragraphs (1) through (4) in respect of the operation of the Patent Attorneys Disciplinary Committee shall be prescribed by the Presidential Decree. <Amended by Act No. 6225, Jan. 28, 2000>

Article 17 (Kinds of Disciplinary Action) The disciplinary action upon patent attorneys shall be four kinds as follows: <Amended

by Act No. 5826, Feb. 8, 1999>

1. Censure;

2. A fine for negligence not exceeding five million won;

3. Suspension of the whole or a part of business operation for a period not exceeding two years; and

4. Revocation of registration.

Article 18 (Disposition for Suspending Qualification) (1) The Commissioner of the Intellectual Property Office may, where a patent attorney

against whom a request was filed with the Patent Attorneys Disciplinary Committee for a reprimand and his registration has already been revoked in accordance with the provisions of subparagraph 2 or 3 of Article 5-3, order a suspension of his qualification by a resolution of the Patent Attorneys Disciplinary Committee for a fixed period not exceeding 5 years. <Amended by Act No. 7870, Mar. 3, 2006>

(2) The disposition for suspending the qualification referred to in paragraph (1) shall not be taken after the lapse of 3 years from the date on which a cause for such disposition occurred.

[This Article Newly Inserted by Act No. 6225, Jan. 28, 2000]

Article 19 Deleted. <by Act No. 5826, Feb, 8, 1999>

Article 20 (Method of Resolution) (1) The disciplinary action falling under subparagraphs 1 and 2 of Article 17 shall be

decided by a concurrent vote of a majority of the total committee members, and the disciplinary action falling under subparagraphs 3 and 4 of the said Article shall be decided by concurrent vote of twothirds of the total committee members. <Amended by Act No. 6225, Jan. 28, 2000>

(2) Deleted. <by Act No. 6225, Jan. 28, 2000>

Article 21 (Crime as to Use by Stealth and Divulgence) When a patent attorney or a person who was a patent attorney divulges or uses by

stealth without any justifiable reason the secret of an invention or design of an inventor, a designer, or an applicant for patent or registration, which he has learned in the course of performing his duty, he shall be punished by imprisonment for not more than five years or a fine not exceeding ten million won. <Amended by Act No. 5826, Feb. 8, 1999>

Article 22 ( Ban on Patent-Attorney''s Business by Non-Patent Attorney) No person who is not a patent attorney shall be engaged in the business of acting as an

agent referred to in Article 2.

Article 23 ( Ban on Use of Title as Patent Attorney, etc. by Non-Patent Attorney) No person who is not a patent attorney shall use the title as a patent attorney or any

similar title.

Article 24 (Penal Provisions) (1) Any person who violates the provisions of Article 8-3 or Article 22, shall be punished by

imprisonment for not more than five years or a fine not exceeding ten million won. <Amended by Act No. 6225, Jan. 28, 2000>

(2) A person who violates the provisions of Article 23 shall be punished by a fine not exceeding three million won.

[This Article Wholly Amended by Act No. 5826, Feb. 8, 1999]

Article 25 (Prohibition of Business Commencement without Registration) A patent attorney who has conducted business as a patent attorney without having

completed registration, shall be punished by a fine not exceeding five million won. <Amended by Act No. 5826, Feb. 8, 1999>

Article 26 Deleted. <by Act No. 5826, Feb. 8, 1999>

Article 27 (Joint Penal Provisions) Where any partner, employed patent attorney or office staff of a corporation commits a

violation under Article 21 or 24 in connection with the duties of the corporation, not only shall such violater be punished, but also the corporation shall be punished by a fine under the relevant provisions: Provided, That where the corporation has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.

[This Article Wholly Amended by Act No. 9224, Dec. 26, 2008]

ADDENDA (1) This Act shall enter into force on the date of its promulgation.

(2) A person who is qualified as a patent attorney as at the time this Act enters into force shall be deemed to have qualifications as a patent attorney under this Act.

(3) "The Matter to Enforce the Law of Attorney in Choseon", Imperial Ordinance No. 9, Promulgated in April 1920, is hereby repealed.

ADDENDA<Act No. 2510, Feb. 8, 1973> (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures) Any person who falls under the former provisions of Article 3 (1) 3 within three years from the date this Act enters into force shall be governed by the former provisions after this Act enters into force.

ADDENDA <Act No. 2957, Dec. 31, 1976> (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) through (7) Omitted.

ADDENDA <Act No. 4541, Mar. 6, 1993> Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 5 Omitted.

ADDENDUM <Act No. 5454, Dec. 13, 1997> This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDA <Act No. 5815, Feb. 5, 1999> (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso

Omitted.)

(2) (Transitional Measures concerning Penal Provisions) The application of penal provisions to an act committed before this Act enters into force, shall be subject to the previous provisions.

ADDENDA <Act No. 5826, Feb. 8, 1999> (1) (Enforcement Date) This Act shall enter into force three months after the date of its

promulgation.

(2) (Transitional Measures concerning Patent Attorney Association) At the time when this Act enters into force, the Patent Attorney Association established under the previous provisions shall be deemed to be that under this Act.

(3) (Transitional Measures concerning Disciplinary Action) The application of a disciplinary

action to an act committed before this Act enters into force, shall be subject to the previous provisions.

ADDENDA <Act No. 6225, Jan. 28, 2000> (1) (Enforcement Date) This Act shall enter into force on July 1, 2000: Provided, That the

amended provisions of Articles 3 and 4-3 (1) and (2) shall enter into force on January 1, 2001.

(2) (Application Example concerning Qualification Suspension) The amended provisions of Article 18 shall apply with any disciplinary action taken first after the enforcement of this Act.

(3) (Transitional Measures concerning Automatic Acquisition of Patent Attorney Qualification) Notwithstanding the amended provisions of Article 3 (1) 3, the previous provisions shall apply to any person who engaged in patent administrative duties at the Korean Intellectual Property Office before December 31, 2000. <Amended by Act No. 6753, Dec. 5, 2002>

<This paragraph is amended by Act No. 6753 on Dec. 5, 2002, following the decision of incompatibility with the Constitution by the Constitutional Court made on Sep. 27, 2001>

(4) Deleted. <by Act No. 6753, Dec. 5, 2002>

ADDENDUM <Act No. 6753, Dec. 5, 2002> This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 7289, Dec. 31, 2004> Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Articles 2 through 5 Omitted.

ADDENDA <Act No. 7428, Mar. 31, 2005> Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Articles 2 through 6 Omitted.

ADDENDA <Act No. 7796, Dec. 29, 2005> Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2006.

Articles 2 through 6 Omitted.

ADDENDA <Act No. 7870, Mar. 3, 2006> (1) (Enforcement Date) This Act shall enter into force three months after the date of its

promulgation.

(2) (Transitional Measures with Respect to Korea Patent Attorneys Association) The patent attorneys body established under the former provisions as at the time this Act enters into force shall be deemed the Korea Patent Attorneys Association under this Act.

ADDENDUM <Act No. 8457, May 17, 2007> This Act shall enter into force three months after the date of its promulgation.

ADDENDA<Act No. 8852, Feb. 29, 2008> Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDUM<Act No. 8936, Mar. 21, 2008> This Act shall enter into force on the date of its promulgation.

ADDENDUM<Act No. 9224, Dec. 26, 2008> This Act shall enter into force on the date of its promulgation.