법령, 판례 등 모든 법령정보를 한 번에 검색 OK !
INVENTION PROMOTION ACT
[Enforcement Date 28. Apr, 2016.] [Act No.13842, 27. Jan, 2016., Partial Amendment]
특허청 (산업재산정책곾( �42-481-8180
법제처 국가법령정보센터 www.law.go.kr
2017.10.26
「INVENTION PROMOTION ACT
」
INVENTION PROMOTION ACT
[Enforcement Date 28. Apr, 2016.] [Act No.13842, 27. Jan, 2016., Partial Amendment]
특허청 (산업재산정책과) 042-481-8180
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to enhance the technical competitiveness of industries and
to contribute to the development of the national economy by encouraging invention
and facilitating the prompt and efficient securing of rights to inventions and the
commercialization thereof.
Article 2 (Definitions)
The terms used in this Act shall be defined as follows:<Amended by Act No. 9986, Jan. 27,
2010; Act No. 10357, Jun. 8, 2010; Act No. 11960, Jul. 30, 2013; Act No. 13309, May 18, 2015>
1. The term "invention" means an invention, design, or creation eligible for
protection under the Patent Act, the Utility Model Act, or the Design Protection
Act;
2. The term "employee’s invention" means an invention that an employee,
executive officer of a corporation, or public official (hereinafter referred to as
"employee, etc.") makes in connection with his/her duties, where it falls within the
scope of business of the employer, the corporation, the State, or the competent
local government (hereinafter referred to as "employer, etc.") and the activities
that have led to the invention fall within the present or past duties of the employee,
etc.;
3. The term "independent inventor" means a person who makes an invention, other
than an employee’s invention;
4. The term "industrial property rights" means rights to a patent, utility model,
design, or trademark registered pursuant to the Patent Act, the Utility Model Act,
the Design Protection Act, or the Trademark Act;
5. The term "patent management department" means a department of the employer,
etc. in charge of planning, research, management, etc. of industrial property rights;
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5-2. The term "public patent attorney" means a patent attorney who executes
his/her duties at a patent consulting center of public patent lawyers established
under Article 26-2;
6. The term "examination of industrial property rights" means proposing directions,
strategies, etc. for research and development or for commercialization after making
a comprehensive research on trends in invention and industrial property rights and
an analysis thereof;
7. The term "information on industrial property rights" means data generated in the
course of securing industrial property rights or conducting research, analysis, etc.
on industrial property rights;
8. The term "informatization of industrial property rights" means systematically
generating, managing, supplying, and utilizing information on industrial property
rights to enhance efficiency in research and development by the State and the
private sector and to support the prompt securing of a right to research and
development results;
9. The term "industrial property rights service industry" means any of the following
business that support the creation, protection, and utilization of industrial property
rights:
(a) The business of collecting, analyzing, processing, translating, distributing, or
managing information on industrial property rights, or of developing or
establishing relevant software or systems (hereinafter referred to as "industrial
property rights information service industry");
(b) The business under Article 2 of the Patent Attorney Act;
(c) The business of evaluating the economic value or technical excellence of
industrial property rights based on their equivalent values, grades, scores, etc.;
(d) The business of mediating or assisting transactions of industrial property
rights, such as transfer of industrial property rights or grant and permission of
licenses;
(e) Any other business prescribed by Presidential Decree;
10. The term "industrial property rights service business entity" means a business
entity providing industrial property rights services.
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Article 3 (Comprehensive Policy on Promotion of Invention) (1) The Government shall
establish and enforce a comprehensive policy on the promotion of invention
(hereinafter referred to as "comprehensive invention promotion policy") each year.
(2) Comprehensive invention promotion policy under paragraph (1) shall include the
following matters:
1. Enhancement of citizens' knowledge of invention;
2. Encouragement of inventive activities and facilitation of securing of rights to
outcomes of inventions;
3. Referral of transfer of outstanding inventions and facilitation of commercialization
of such inventions;
4. Other matters necessary for the promotion of inventions.
Article 4 (Grants, etc. of Subsidies for Promotion of Invention) (1) The Government
may grant a subsidy to any of the following persons within budget limits in order to
promote invention: <Amended by Act No. 11960, Jul. 30, 2013>
1. An inventor and his/her successor;
2. An individual or organization that carries out research on invention or a project
for the promotion of inventions.
(2) Matters necessary for business activities eligible for subsidies under paragraph
(1), the application for, and management of, such subsidies shall be prescribed by
Presidential Decree. <Amended by Act No. 11960, Jul. 30, 2013>
Article 5 (Invention Day)
The Government shall designate May 19 each year as Invention Day in order to make
citizens aware of the importance of invention and stimulate their enthusiasm for
invention and shall hold ceremonies for the promotion of invention.
CHAPTER II PROMOTION OF INVENTION
SECTION 1 Enhancement of Knowledge of Invention
Article 6 (Raising Awareness on Invention and Facilitating Inventive Activities)
The Commissioner of the Korean Intellectual Property Office shall conduct the
following activities in order to raise national awareness on invention and facilitate
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inventive activities:<Amended by Act No. 10357, Jun. 8, 2010>
1. Holding events for encouraging invention;
2. Facilitating inventive activities of students, women, and the disadvantaged;
3. Holding exhibitions for outstanding inventions and providing support to
outstanding inventors to participate in overseas exhibitions;
4. Providing information on industrial property rights, etc. for inventive activities;
5. Providing education and training on invention and industrial property rights;
6. Identifying and awarding persons of distinguished service to invention and
outstanding inventions;
7. Other projects necessary for raising national awareness on invention and
facilitating inventive activities.
Article 7 (Facilitation of Inventive Activities of Students) (1) The Government shall
establish and enforce a supportive policy to revitalize education for developing
students' creative problem-solving and reasoning abilities and for stimulating their
enthusiasm for inventions and practice of inventions in daily life (hereinafter referred
to as "invention education") for students in a preschool under subparagraph 2 of
Article 2 of the Early Childhood Education Act or in a school under Article 2 of the
Elementary and Secondary Education Act or Article 2 of the Higher Education Act
(hereinafter referred to as "all levels of schools"), and to contribute to training
human resources for the development of technology. <Amended by Act No. 11960,
Jul. 30, 2013>
(2) The supportive policy under paragraph (1) shall include the following matters:
<Amended by Act No. 11960, Jul. 30, 2013>
1. Objectives and basic direction-setting for invention education;
2. Support for the establishment and operation of schools specializing in invention
education, and educational institutions and research institutes for invention
education;
3. Support for the enhancement of teachers' expertise in invention education and for
the nurturing of specialized teachers;
4. Support for research, development, and dissemination of the curricula and details
of invention education;
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5. Support for the identification and fostering of students with distinguished talents
for invention;
6. Other matters necessary for support for invention education.
(3) The Government may include subjects regarding industrial property rights in
curricula of schools where such subjects are considered necessary, among all levels
of schools, or may establish departments or courses related to industrial property
rights in such schools.
Article 8 (Facilitation of Women's Inventive Activities) (1) The Government shall
establish and implement supportive policies for the development of women's
inventive creativity and the training of women as outstanding human resources for
invention.
(2) Policies under paragraph (1) shall include the following matters:
1. Education of women inventors on industrial property rights;
2. Commercialization of women's inventions;
3. Matters necessary for promoting women's invention, such as holding events for
promoting women's invention.
Article 8-2 (Facilitating Inventive Activities of the Disadvantaged) (1) The
Government shall establish and implement supportive policies to facilitate inventive
activities of the disadvantaged.
(2) Supportive policies under paragraph (1) shall include the following:
1. Providing information on industrial property rights, etc. to the disadvantaged;
2. Supporting patent legal service for facilitating invention by the disadvantaged;
3. Protecting industrial property rights of the disadvantaged.
[This Article Newly Inserted by Act No. 10357, Jun. 8, 2010]
Article 9 (Establishment and Operation of Invention Education Centers) (1) The State
and each local government (including offices of education) may establish and operate
an educational institution for stimulating enthusiasm for inventions by students, etc.
(hereinafter referred to as "invention education center").
(2) The State and each local government may provide necessary financial support to
invention education centers.
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(3) Matters necessary for the establishment and management of invention education
centers and for the management of guidance teachers shall be prescribed by
Presidential Decree.
[This Article Wholly Amended by Act No. 11960, Jul. 30, 2013]
Article 9-2 (Facilitation of Utilization of Research Notes) (1) The Commissioner of
the Korean Intellectual Property Office may conduct the following affairs to facilitate
the use of data on the process and outcomes of research recorded in the course of
conducting the national research and development projects under the Framework Act
on Science and Technology (hereinafter referred to as "research notes"). In such
cases, he/she shall consult with the heads of relevant central administrative
agencies:
1. Public relations to raise awareness of research notes;
2. Education for the preparation, management, use, etc. of research notes;
3. Support for the distribution of written research notes and for the establishment of
a system for electronic research notes;
4. Other affairs necessary to facilitate the utilization of research notes.
(2) The Commissioner of the Korean Intellectual Property Office may designate a
specialized institution or organization to conduct on its behalf, affairs under
paragraph (1). In such cases, expenses incurred in conducting such affairs may be
fully or partially subsidized.
(3) The criteria and procedures for designating a specialized institution or
organization referred to in paragraph (2) shall be determined by Presidential Decree.
(4) Where a specialized institution or organization designated pursuant to paragraph
(2) falls under any of the following cases, the Commissioner of the Korean
Intellectual Property Office may revoke the designation or order suspension of its
business or affairs for a given period not exceeding six months: Provided, That
where it falls under subparagraph 1, he/she shall revoke such designation:
1. Where it has obtained designation by fraud or by other improper means;
2. Where it has lost its capability to conduct business or affairs;
3. Where it fails to meet the criteria for designation under paragraph (3).
(5) The detailed criteria for administrative dispositions made under paragraph (4)
shall be prescribed by Presidential Decree in consideration of reasons therefor and
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the degree of violation.
[This Article Newly Inserted by Act No. 11960, Jul. 30, 2013]
SECTION 2 Boosting of Employee’s Inventions
Article 10 (Employee’s Inventions) (1) If an employee, etc. acquires a patent or
completes registration of a utility model or design (hereinafter referred to as "patent,
etc."), or succeeds to the right to acquire a patent, etc., for an employee’s
invention, the employer, etc. shall have a non-exclusive license in the right to a
patent, utility model, or design (hereinafter referred to as "patent right, etc."):
Provided, That the foregoing shall not apply to an employer, etc. which is an
enterprise other than a small and medium business under Article 2 of the Framework
Act on Small and Medium Enterprises unless it concludes or prepares, in advance,
any of the following contracts or employment regulations subject to consultation with
an employee, etc.: <Amended by Act No. 11960, Jul. 30, 2013>
1. A contract or employment regulations that requires the employer, etc. succeed to
the right to acquire a patent, etc. or a patent right, etc. for an employee’s
invention made by the employee, etc.;
2. A contract or employment regulations that requires the grant of an exclusive
license to the employer, etc. for an employee’s invention made by the employee,
etc.
(2) Notwithstanding paragraph (1), the State or a local government shall succeed to
a public official's right to an employee’s invention, and thus a public official's patent
right, etc. in for an employee’s invention, to which the State or a local government
succeeds, shall be State property or public property: Provided, That an exclusively
responsible organization under the latter part of Article 11 (1) of the Technology
Transfer and Commercialization Promotion Act (hereinafter referred to as
"exclusively responsible organization") shall succeed to rights of a teaching staff
member, who works at a national or public school under Article 3 of the Higher
Education Act (hereinafter referred to as "national or public school"), to an
employee’s invention, and thus patent rights, etc. of a teaching staff member of a
national or public school to an employee’s invention, to which the exclusively
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responsible organization succeeds, shall be owned by the exclusively responsible
organization.
(3) A provision of a contract or employment regulations shall be void, if the
provision requires an employer, etc. to succeed to the right to acquire a patent, etc.,
or a patent right, etc., in advance, for an invention made by an employee, etc. other
than an employee’s invention or requires an employee, etc. to grant an exclusive
license in the patent right, etc. to the employer, etc.
(4) Notwithstanding Article 8 of the State Property Act, the disposal and
management (including waiver of patent rights, etc.) of patent rights, etc. that
become State property pursuant to paragraph (2) shall be under the jurisdiction of
the Commissioner of the Korean Intellectual Property Office, and matters necessary
for the disposal and management thereof shall be prescribed by Presidential Decree.
<Amended by Act No. 9401, Jan. 30, 2009; Act No. 9986, Jan. 27, 2010>
Article 11 (Implementation of Employee’s Invention Compensation System and
Supportive Policies) (1) The Government shall establish and enforce supportive
policies for the implementation of an employee’s invention compensation system,
etc. to encourage employee’s inventions.
(2) Supportive policies under paragraph (1) shall include the following matters:
<Amended by Act No. 11960, Jul. 30, 2013>
1. Preparation and diffusion of compensation regulations that would be standard
regulations;
2. Preparation and diffusion of reasonable regulations on procedures for the
prevention and settlement of disputes related to compensation;
3. Support for consultation, etc. on the implementation and operation of the
employee’s invention compensation system.
(3) The Government shall take measures to facilitate the securing of rights to
inventions and the commercialization of inventions under Chapters III and IV
preferentially for employers, etc. who compensate for employee’s inventions.
Article 11-2 (Support for Outstanding Companies in Employee’s Invention
Compensation System) (1) The government may designate outstanding companies
in terms of the employee’s invention compensation system referred to in Article 11
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(1) and provide them with support as necessary promote the system.
(2) Matters concerning the standards, procedures, and support for the designation
of outstanding companies under paragraph (1) shall be prescribed by Presidential
Decree.
[This Article Newly Inserted by Act No. 11661, Mar. 22, 2013]
Article 12 (Notice of Completion of Employee’s Invention)
An employee, etc. who completes an employee’s invention shall notify the
employer, etc. of his/her completion in writing without delay. Where an employee’s
invention is completed jointly by two or more employees, etc., such notice shall be
given jointly by the employees, etc.
Article 13 (Notice of Whether Successive) (1) An employer, etc. (excluding the State
or a local government) shall, upon receiving a notice under Article 12, notify the
employee, etc. as to whether the employer, etc. succeeds to rights to the invention
within the period specified by Presidential Decree: Provided, That no employer, etc.
may assert his/her succession to rights to an invention against the intent of an
employee, etc. if there is no provision in a contract or employment regulations that
requires the employer, etc. to succeed to the right to acquire a patent, etc., or a
patent right, etc., in advance, or requires the employee, etc. to grant the exclusive
license in the patent right, etc. to the employer, etc.
(2) An employer, etc. shall be deemed to have succeeded to rights to an invention
as at the time he/she gives notice of his/her intent to succeed to the rights to the
invention within the period under paragraph (1).
(3) If an employer, etc. does not give notice of whether succeeding to rights to an
invention within the period under paragraph (1), the employer, etc. shall be deemed
to have given up the succession to the rights to the invention. In such cases, the
employer, etc. shall not be entitled to a non-exclusive license without consent of the
employee, etc. who made the invention, notwithstanding Article 10 (1).
Article 14 (Succession to Rights to Joint Invention)
Where an employee’s invention has been made jointly by an employee, etc. and a
third party and the employer, etc. succeeds to rights to the invention in accordance
with a contract or employment regulations, the employer, etc. shall acquire the share
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of the rights of the employee, etc. to the invention.
Article 15 (Compensation for Employee’s Inventions) (1) An employee, etc. shall be
entitled to fair compensation where the employer, etc. succeeds, under a contract or
employment regulations, to the right to acquire patent, etc., or a patent, right, etc.,
for an employee’s invention, or are to be granted an exclusive license in the patent
right, etc.
(2) The employer, etc. shall prepare compensation regulations stipulating the
criteria for determining the type and amount of compensation referred to in
paragraph (1), the method of payment thereof, etc., and inform the employee, etc.
thereof in writing. <Amended by Act No. 11960, Jul. 30, 2013>
(3) The employer, etc. shall consult with the employee, etc. regarding the
preparation or modification of the compensation regulations under paragraph (2):
Provided, That where modifying the compensation regulations disadvantageously to
the employee, etc., the employer, etc. shall obtain consent of a majority of the
employees, etc. to whom the relevant contract or compensation regulations apply.
<Amended by Act No. 11960, Jul. 30, 2013>
(4) The employer, etc. shall give written notice to an employee, etc. who will
receive compensation under paragraph (1) of the details of compensation, including
the amount of compensation determined pursuant to the compensation regulations
under paragraph (2). <Newly Inserted by Act No. 11960, Jul. 30, 2013>
(5) Necessary matters, such as the scope of employees, etc. consultation with
whom or consent from whom is required of the employer, etc. pursuant to paragraph
(3) and procedures, shall be prescribed by Presidential Decree. <Newly Inserted by
Act No. 11960, Jul. 30, 2013>
(6) Compensation paid by the employer, etc. to the employee, etc. pursuant to
paragraphs (2) through (4) shall be deemed fair compensation: Provided, That the
foregoing shall not apply to cases where the amount of compensation excludes the
benefits the employer, etc. is anticipated to obtain with an employee’s invention and
the degree of contribution by the employer, etc. and employee, etc. to the completion
of the invention. <Newly Inserted by Act No. 11960, Jul. 30, 2013>
(7) The State or a local government shall pay fair compensation, when it succeeds
to rights to an employee’s invention of a public official pursuant to Article 10 (2). In
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such cases, matters necessary for the payment of compensation shall be prescribed
by Presidential Decree or Municipal Ordinance. <Amended by Act No. 11960, Jul.
30, 2013>
Article 16 (Compensation when Patent Application Reserved)
An employer, etc. shall pay fair compensation pursuant to Article 15, even in cases
where the employer, etc. has succeeded to rights to an employee’s invention, but
gives up filing an patent application or voluntarily withdraws a patent application. In
such cases, economic benefits that the employee, etc. could have obtained if the
invention had been protected by industrial property rights shall be considered in
determining the amount of compensation for the invention.
Article 17 (Operation, etc. of Deliberative Committee on Employee’s Inventions) (1)
An employer, etc. may establish and operate a deliberative committee on
employee’s inventions (hereinafter referred to as the "deliberative committee") to
deliberate on the following matters regarding employee’s inventions: <Amended by
Act No. 11960, Jul. 30, 2013>
1. Matters concerning the preparation, modification, and implementation of
regulations on employee’s inventions;
2. Matters concerning the mediation of disputes between an employee, etc. and the
employer, etc. regarding rights, compensation, etc. for an employee’s invention;
3. Other necessary matters concerning employee’s inventions.
(2) The deliberative committee shall be comprised of the same number of members
representing an employer, etc. and employees, etc. (excluding executive officers of a
juristic person) respectively, and experts in appropriate fields may be commissioned
as advisors, if necessary. <Amended by Act No. 11960, Jul. 30, 2013>
(3) Other matters necessary for the composition and operation of the deliberative
committee shall be prescribed by Presidential Decree. <Newly Inserted by Act No.
11960, Jul. 30, 2013>
Article 18 (Mediation, etc. of Disputes Related to Employee’s Inventions) (1) In any
of the following cases, an employee, etc. may request his/her employer, etc. to
organize a deliberative committee to deliberate on a relevant matter:
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1. Where differences exist between the employee, etc. and employer, etc. as to
whether an invention is an employee’s invention;
2. Where the employer, etc. assert succession to rights to, or grant of an exclusive
license to, an invention, other than an employee’s invention, contrary to the intent
of the employee, etc. in violation of Article 10 (3);
3. Where the employer, etc. assert succession to rights to, or grant of an exclusive
license of, an employee’s invention contrary to the intent of the employee, etc. in
violation of Article 13 (1);
4. Where the employer, etc. assert a non-exclusive license in violation of the
proviso to Article 10 (1), or 13 (3);
5. Where he/she has an objection to compensation regulations proposed by the
employer, etc.;
6. Where he/she has an objection to a procedure for consultation or consent with the
employer, etc.;
7. Where he/she has an objection to the details of compensation, including an amount
of compensation notified by the employer, etc. pursuant to Article 15 (4);
8. Where the employer, etc. fail to pay compensation to the employee, etc. under
Article 15 (2) through (4);
9. Other cases of differences between the employer, etc. and employee, etc. with
regard to the rights to, and compensation for, an employee’s invention.
(2) The right under paragraph (1) shall be exercised within 30 days from the date
on which a ground in any subparagraph of paragraph (1) arises: Provided, That in
cases falling under paragraph (1) 7, the right shall be exercised within 30 days from
the date on which the employee, etc. receives notice.
(3) Upon receipt of a request under paragraph (1), the employer, etc. shall organize
a deliberative committee to deliberate on the relevant matter within 60 days. In such
cases, the deliberative committee shall include at least one advisor who is an expert
in the employee’s invention field.
(4) The deliberative committee under paragraph (3) shall give written notice to the
employer, etc. and employee, etc. of the results of deliberation without delay.
(5) The Government may dispatch an expert in the relevant field as an advisor
under paragraph (3) at the request of the employer, etc., and necessary matters for
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such dispatch shall be prescribed by Presidential Decree.
(6) An employer, etc. or an employee, etc., who are dissatisfied with the results of
deliberation by the deliberative committee under paragraph (3), may file an
application for mediation with the committee for mediation of disputes over industrial
property rights under Article 41. <Amended by Act No. 13309, May 18, 2015>
[This Article Wholly Amended by Act No. 11960, Jul. 30, 2013]
Article 19 (Duty of Confidentiality) (1) An employee, etc. shall keep details of an
employee’s invention confidential until the employer, etc. files a patent application
for the invention: Provided, That the foregoing shall not apply where the employer,
etc. confirms that he/she will not succeed to rights to an invention. <Amended by
Act No. 11960, Jul. 30, 2013>
(2) No person who participates or participated in the deliberative committee as an
advisor under Article 18 (3) shall disclose to any other person, the details of an
employee’s invention he/she has learned in the course of performing his/her duties.
<Newly Inserted by Act No. 11960, Jul. 30, 2013>
SECTION 3 Supply of Information on Industrial Property Rights and Facilitation of
Utilization of Such Information
Article 20 (Establishment, etc. of Plans to Promote Informatization of Industrial Property
Rights) (1) The Commissioner of the Korean Intellectual Property Office shall
establish and implement a plan to promote informatization of industrial property
rights (hereinafter referred to as "promotion plan") in order to drive forward
informatization of industrial property rights efficiently and systematically. <Amended
by Act No. 11960, Jul. 30, 2013>
(2) The promotion plan shall include following matters: <Amended by Act No.
11960, Jul. 30, 2013; Act No. 13309, May 18, 2015>
1. Generation and management of information on industrial property rights;
2. Supply of information on industrial property rights and facilitation of utilization of
such information;
2-2. Creation and operation of an industrial property rights information system;
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3. Fostering of industrial property rights information service industry;
4. International cooperation in information on industrial property rights;
5. Other matters related to informatization of industrial property rights.
(3) The Commissioner of the Korean Intellectual Property Office shall establish and
implement an implementation plan for informatization of industrial property rights
(hereinafter referred to as "implementation plan") each year in order to implement
the promotion plan smoothly.
(4) Matters necessary for the establishment and implementation of implementation
plans shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9986, Jan. 27, 2010]
Article 20-2 (Supply of Information on Industrial Property Rights) (1) The
Commissioner of the Korean Intellectual Property Office may provide a person who
intends to use information on industrial property rights with information on industrial
property rights within the extent permitted by the relevant statutes, such as the
Patent Act. In such case, restrictions may be placed on the provision of personal
information under the Personal Information Protection Act, as prescribed by
Presidential Decree. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11960,
Jul. 30, 2013; Act No. 13309, May 18, 2015>
(2) The Commissioner of the Korean Intellectual Property Office may charge a fee
to a person who uses information under paragraph (1), as prescribed by Presidential
Decree. <Amended by Act No. 13309, May 18, 2015>
[This Article Newly Inserted by Act No. 9986, Jan. 27, 2010]
Article 20-3 (Specialized Institution for Informatization of Industrial Property Rights)
(1) The Commissioner of the Korean Intellectual Property Office may designate a
specialized institution or organization as a specialized institution for the
informatization of industrial property rights (hereinafter referred to as "specialized
institution for informatization") and may require it to perform duties related to the
informatization of industrial property rights under the subparagraphs of Article 20
(2) on his/her behalf. <Amended by Act No. 13309, May 18, 2015>
(2) The criteria and procedures for designating a specialized institution for
informatization under paragraph (1) shall be prescribed by Presidential Decree.
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<Amended by Act No. 13309, May 18, 2015>
(3) Article 9-2 (4) and (5) shall apply mutatis mutandis to the revocation of
designation, or suspension of business, of a specialized institution for informatization
under paragraph (1). <Amended by Act No. 13309, May 18, 2015>
(4) A specialized institution for informatization may conduct profit-making business
within the scope necessary to perform duties under paragraph (1). <Newly Inserted
by Act No. 13309, May 18, 2015>
(5) The Government may make contributions, in whole or in part, for expenses
necessary to establish and operate an institution designated as a specialized
institution for informatization pursuant to paragraph (1) or to conduct its business, as
prescribed by Presidential Decree. <Newly Inserted by Act No. 13309, May 18,
2015>
[This Article Wholly Amended by Act No. 11960, Jul. 30, 2013]
Article 20-4 (Assistance in Research and Development for Informatization of Industrial
Property Rights) (1) The Government shall endeavor to facilitate research and
development of technology and software related to the provision and utilization of
information on industrial property rights.
(2) The Government may fully or partially subsidize any person who conducts
research and development under paragraph (1) with a full or partial as necessary for
such research and development.
[This Article Newly Inserted by Act No. 9986, Jan. 27, 2010]
Article 20-5 (Transfer of Achievements of Research and Development to Private Sector)
The Government shall endeavor to have achievements of research and development,
carried out in accordance with Article 20-4 (referring to products of such research
and development, and instruments, equipment, material and goods invested or
created in the course of such research and development) transferred smoothly to the
private sector.
[This Article Newly Inserted by Act No. 9986, Jan. 27, 2010]
Article 20-6 (Research on Actual Conditions of Industrial Property Rights-Related
Activities, etc.) (1) In order to grasp the actual conditions of overall intellectual
property-related activities related to industrial property rights and trade secrets
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defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and
Trade Secret Protection Act (hereinafter referred to as "trade secret"), the
Government shall annually conduct research on the actual conditions of universities,
research institutes, enterprises, etc.
(2) The Commissioner of the Korean Intellectual Property Office may entrust the
research on the actual conditions under paragraph (1) to an institution or
organization prescribed by Presidential Decree that is deemed to have expertise in
the research on intellectual property.
(3) Matters necessary for the details, methods, etc. of research on the actual
conditions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13309, May 18, 2015]
Article 20-7 Deleted. <by Act No. 11960, Jul. 30, 2013>
Article 21 Deleted. <by Act No. 13309, May 18, 2015>
Article 22 Deleted. <by Act No. 13309, May 18, 2015>
Article 23 (Regional Intellectual Property Centers) (1) A regional intellectual property
center may be established in each area in order to raise the awareness of regional
small and medium enterprises and residents about industrial property rights and
support the creation, protection and utilization of industrial property rights.
<Amended by Act No. 10489, Mar. 30, 2011>
(2) Each regional intellectual property center under paragraph (1) (hereinafter
referred to as a "regional intellectual property center") shall conduct the following
business activities: <Amended by Act No. 9986, Jan. 27, 2010; Act No. 10489, Mar.
30, 2011>
1. Provision of information or counseling on industrial property rights;
2. Raising awareness about industrial property rights, including education and public
relations on industrial property rights;
3. Supporting the creation, protection and utilization of industrial property rights;
4. Other support activities concerning intellectual property rights.
(3) Any person who intends to establish a regional intellectual property center shall
file for registration of the center with the Commissioner of the Korean Intellectual
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Property Office.
(4) Any person who intends to file for registration of a regional intellectual property
center pursuant to paragraph (3) shall have professionals and facilities prescribed by
Presidential Decree. <Amended by Act No. 9986, Jan. 27, 2010; Act No. 13309, May
18, 2015>
(5) No person, other than a regional intellectual property center, shall use the name
"regional intellectual property center".
(6) The Government may grant subsidies of expenses incurred in operating regional
intellectual property centers within budget limits.
(7) A regional intellectual property center may conduct profit-making business in
order to furnish funds for projects under paragraph (2). <Amended by Act No.
10489, Mar. 30, 2011>
(8) Any person who file for registration of a regional intellectual property center
pursuant to paragraph (3) shall submit business plans for the relevant business year
by one month before the date on which each business year begins and reports on
business performance of the relevant business year within three months from the
date on which business year ends to the Commissioner of the Korean Intellectual
Property Office. <Newly Inserted by Act No. 10489, Mar. 30, 2011>
(9) Matters necessary for the registration procedures under paragraph (3) and
other relevant matters shall be prescribed by Presidential Decree. <Amended by Act
No. 10489, Mar. 30, 2011>
(10) The Commissioner of the Korean Intellectual Property Office may evaluate the
performance, achievements, etc. of projects of a regional intellectual property center
each year. In such cases, necessary matters concerning the procedure, method, etc.
for evaluation shall be prescribed by Presidential Decree. <Newly Inserted by Act
No. 10489, Mar. 30, 2011; Act No. 11960, Jul. 30, 2013>
(11) The Commissioner of the Korean Intellectual Property Office may warn a
regional intellectual property center with poor business performance as the results
of an evaluation of business performance pursuant to paragraph (10) and suspend or
reduce support therefor under paragraph (6). <Newly Inserted by Act No. 10489,
Mar. 30, 2011>
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Article 24 (Cancellation, etc. of Registration of Regional Intellectual Property Center)
(1) When a regional intellectual property center falls under any of the following
subparagraphs, the Commissioner of the Korean Intellectual Property Office may
cancel the registration thereof or order the suspension of its work by setting a
period up to six months: Provided, That when a regional intellectual property center
falls under subparagraph 1, its registration shall be cancelled: <Amended by Act No.
11960, Jul. 30, 2013>
1. When it became registered as a regional intellectual property center by fraud or
other improper means;
2. When it loses its capability to conduct business activities under Article 23 (2);
3. When it falls short of registration standards under Article 23 (4);
4. When it fails to submit a business plan for and report on business performance
under Article 23 (8) within a period under Article 23 (8);
5. When it receives at least two warnings pursuant to Article 23 (11) within the
preceding three months.
(2) Detailed criteria for administrative dispositions made under paragraph (1) shall
be prescribed by Presidential Decree in consideration of grounds therefor and the
degree of violation. <Newly Inserted by Act No. 11960, Jul. 30, 2013>
[This Article Wholly Amended by Act No. 10489, Mar. 30, 2011]
Article 24-2 (Intellectual Property Management Certification for Small and Medium
Enterprises, etc.) (1) The Commissioner of the Korean Intellectual Property Office
may grant intellectual property management certification (hereinafter referred to as
“certification”) to a small and medium enterprise that sets an example with
strategic managerial activities in creating, protecting, and promoting the use of,
industrial property rights.
(2) A small and medium enterprise that intends to obtain certification, shall file an
application for certification with the Commissioner of the Korean Intellectual
Property Office.
(3) Upon receipt of application for certification under paragraph (2), the
Commissioner of the Korean Intellectual Property Office shall examine the small and
medium enterprise that intends to obtain certification, and if such enterprise meets
the criteria for certification, he/she shall grant a certificate with a validity period.
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(4) If a small and medium enterprise has obtained certification by fraud or other
improper means, the Commissioner of the Korean Intellectual Property Office shall
revoke the certification.
(5) If a small and medium enterprise that has obtained certification becomes falling
short of the certification criteria, the Commissioner of the Korean Intellectual
Property Office may revoke the certification.
(6) The Commissioner of the Korean Intellectual Property Office may receive
necessary expenses relating to certification from the relevant small and medium
enterprise.
(7) Certification procedures and costs, certification criteria, certification mark,
designation of certifying agencies, the validity period of the certificate, and other
matters necessary for certification shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13842, Jan. 27, 2016]
CHAPTER III SUPPORT FOR SECURING RIGHTS TO INVENTIONS
Article 25 (Prior Art Search) (1) The Commissioner of the Korean Intellectual Property
Office shall establish and enforce a policy on comprehensive search for prior art, in
Korea and abroad, in the relevant area so that he/she can, upon receiving an
application for an industrial property right, examine and process the application
promptly and correctly.
(2) The policy under paragraph (1) shall include the following matters:
1. Collection and analysis of information on prior art;
2. Outsourcing services for prior art;
3. Other matters necessary for prior art search.
Article 26 (Establishment of Patent Management Department) (1) The Commissioner
of the Korean Intellectual Property Office shall establish and enforce a supportive
policy necessary for the efficient establishment and operation of patent management
departments so as to deal with disputes, in Korea and abroad, over industrial
property rights and secure the competitiveness of the industry by improving
employers' capability of patent management.
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(2) The policy under paragraph (1) shall include the following matters:
1. Providing information on the establishment of a patent management department;
2. Education of staffs in a patent management department on industrial property
rights;
3. Other matters necessary for the establishment of a patent management
department.
Article 26-2 (Patent Counseling Center of Public Patent Attorneys) (1) The
Commissioner of the Korean Intellectual Property Office shall establish a patent
counseling center of public patent attorneys (hereinafter referred to as "counseling
center") to provide pro bono patent legal services, such as counseling related to
patent, to the disadvantaged.
(2) The counseling center shall execute the following business:
1. Counseling for procedures for application, examination, registration, and
adjudication of industrial property rights and supporting the preparation of
documents;
2. Acting as an agent on the matters to be directed to the Korean Intellectual
Property Office or courts under Article 2 of the Patent Attorney Act;
3. Reviewing applications for dispute conciliation related to industrial property rights
and supporting the preparation of tentative recommendations for settlement;
4. Providing management consulting on patent disputes and legal service;
5. Holding briefings for industrial property rights and providing counseling;
6. Providing legal service in connection with industrial property rights and other
business prescribed by Presidential Decree that conforms to the purpose of
operating the counseling center.
(3) The counseling center shall provide services to any of the following persons:
<Amended by Act No. 13309, May 18, 2015>
1. Recipients of assistances under subparagraph 2 of Article 2 of the National Basic
Living Security Act;
2. Persons who have rendered distinguished services to the State, and their families
or bereaved families under Articles 4 and 5 under the Act on the Honorable
Treatment and Support of Persons, etc. of Distinguished Services to the State;
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3. Persons with a disability registered under Article 32 (1) of the Act on Welfare of
Persons with Disabilities;
4. Students at schools under Article 2 of the Elementary and Secondary Education
Act and Article 2 of the Higher Education Act (excluding students at special
graduate schools);
5. Small enterprises under Article 2 of the Framework Act on Small and Medium
Enterprises;
6. Other persons prescribed by Presidential Decree as particularly in need of
counseling and support.
(4) The State may provide expenses necessary for the operation of the counseling
center within its budgetary limits.
(5) The Commissioner of the Korean Intellectual Property Office may entrust the
operation of the counseling center to a corporation or organization prescribed by
Presidential Decree, which has expertise in the field of industrial property rights.
(6) Matters necessary for organization, operation, scope of business, procedures,
etc. of a counseling center shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10357, Jun. 8, 2010]
Article 27 (Subsidization of Expenses for Patent Management) (1) The Commissioner
of the Korean Intellectual Property Office may take measures necessary to reduce
expenses for filing patent applications and filing for registration so as to facilitate
promptly securing rights to inventions made by an independent inventor or an
employee as a result of his/her research and development, as prescribed by
Presidential Decree.
(2) The Commissioner of the Korean Intellectual Property Office may take
measures under paragraph (1) preferentially for students in school, beneficiaries
under Article 5 of the National Basic Living Security Act, and small enterprises not
bigger than the size specified by Presidential Decree.
CHAPTER IV FACILITATING COMMERCIALIZATION OF INVENTIONS
Article 28 (Designation, etc. of Institutes for Evaluation of Inventions) (1) If earlier
commercialization of an invention, registered as an industrial property right, is
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considered necessary, the Commissioner of the Korean Intellectual Property Office
may designate a national or public research institute, a government-funded research
institute, a private research institute, or an institute specializing in evaluation of
technical strength and business feasibility as an evaluating institute for the invention
(hereinafter referred to as "evaluation institute"), subject to prior consultation with
heads of appropriate administrative agencies. <Amended by Act No. 11960, Jul. 30,
2013>
(2) A person who intends to be designated as an evaluation institute under
paragraph (1) shall have professionals and facilities prescribed by Presidential
Decree. <Amended by Act No. 11960, Jul. 30, 2013; Act No. 13309, May 18, 2015>
(3) A person who intends to commercialize an invention may request the evaluation
institute designated pursuant to paragraph (1) to evaluate the technical strength and
business feasibility of the invention. <Amended by Act No. 11960, Jul. 30, 2013>
(4) The evaluation institute shall, upon receiving a request for evaluation under
paragraph (3), analyze and evaluate the invention first and notify results thereof
without delay.
(5) The Commissioner of the Korean Intellectual Property Office may consult with
the head of the evaluation institute on the following matters:
1. Technology subject to evaluation and the scope of evaluation;
2. Financial support to the evaluation institute and evaluation fees;
3. Agreement on business operation with the evaluation institute.
(6) Matters necessary for the designation procedures under paragraphs (1) and (2)
and other relevant matters shall be prescribed by Presidential Decree.
Article 29 (Support to Evaluation institutes)
The Commissioner of the Korean Intellectual Property Office may grant a full or
partial subsidy to an evaluation institute that carries out the following business
activities for expenses incurred in conducting such activities, within budget limits:
1. Training of professional human resources for the evaluation of inventions;
2. Research on skills for the evaluation of inventions;
3. Collection and supply of information related to the evaluation of inventions;
4. Other matters specified by Presidential Decree as necessary for the evaluation of
inventions.
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Article 30 (Subsidization of Evaluation Fees)
The Commissioner of the Korean Intellectual Property Office may grant a full or
partial subsidy of evaluation fees, within budget limits, to a person whose invention
has successfully passed the evaluation conducted by an evaluation institute on its
technical strength and business feasibility pursuant to Article 28 (3) and (4).
Article 31 (Revocation, etc. of Designation of Evaluation Institute) (1) If an evaluation
institute falls under subparagraph 1, the Commissioner of the Korean Intellectual
Property Office shall revoke the designation thereof and may, if the evaluation
institute falls under subparagraph 2, revoke the designation thereof or order the
evaluation institute to suspend its business for a given period not exceeding six
months: <Amended by Act No. 11960, Jul. 30, 2013>
1. If it obtains designation as an evaluation institute by fraud or by other improper
means;
2. If it lost its capability to evaluate the technical merits and commercial feasibility
of inventions under Article 28 (2) and (3).
(2) Detailed criteria for administrative dispositions made under paragraph (1) shall
be prescribed by Presidential Decree in consideration of grounds therefor and the
degree of violation. <Newly Inserted by Act No. 11960, Jul. 30, 2013>
Article 32 (Assistance in Commercialization of Outstanding Inventions)
If an invention of an independent inventor or an employer is evaluated as excellent in
its technical strength and business feasibility in accordance with Article 28 (3), the
Commissioner of the Korean Intellectual Property Office may assist in
commercialization of the invention by providing financial support for the invention
and facilitating purchases of the invention.
Article 33 Deleted. <by Act No. 9509, Mar. 18, 2009>
Article 34 (Korea Industrial Property Business Arrangement Center) (1) The Korea
Industrial Property Business Arrangement Center shall be established to conduct
business affairs for facilitating the commercialization of industrial property rights.
(2) The Korea Industrial Property Business Arrangement Center shall conduct the
following business activities: <Amended by Act No. 9369, Jan. 30, 2009; Act No.
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9509, Mar. 18, 2009; Act No. 11960, Jul. 30, 2013>
1. Operation of a permanent market for technology related to invention (hereinafter
referred to as "patent technology") and an Internet market for patent technology
for referral of transfer, sale, and purchase of industrial property rights;
2. Referral of grant of a license or a right to use for an industrial property right
(including where an industrial property right holder grants the execution or use of
such license or such right to the Korea Industrial Property Business Arrangement
Center, and it, then, grants a sub-license or a right to use therefor to a third party.
In such cases, the Korea Industrial Property Business Arrangement Center shall
pay the royalties that it has received from the third party to the industrial property
right holder in compliance with the extent and procedure stipulated in the
agreement made with the industrial property right holder);
3. Collection, analysis, and provision of information related to referral and evaluation
of industrial property rights;
4. Establishment of a cooperative system with institutions related to technology
transfer, such as the Korea Institute for Advancement of Technology under Article
38 of the Industrial Technology Innovation Promotion Act;
5. Other activities necessary to facilitate commercialization of patent technology and
to boost referral of patent technology.
(3) The Government may fully or partially contribute funds for expenses incurred in
the establishment and operation of the Korea Industrial Property Business
Arrangement Center or the conducting of its business activities.
(4) The organization, functions and operation of the Korea Industrial Property
Business Arrangement Center, the Government's contribution to the center, and
other necessary matters shall be prescribed by Presidential Decree.
Article 35 (Subsidization of Production of Prototype)
The Government may grant a full or partial subsidy, within budget limits, for the
funds required for producing a prototype of an invention evaluated as excellent in its
technical strength and business feasibility pursuant to Article 28 (3).
Article 36 (Designation of Institutions for Examination of Industrial Property Rights, etc.)
(1) The Commissioner of the Korean Intellectual Property Office may designate a
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national or public research institute, a government-funded research institute, a
private research institute, or an institution specializing in examination of industrial
property rights as an institution for examination of industrial property rights in order
to improve the ability of independent inventors and employers to manage industrial
property rights and prevent double investments in research and development.
(2) A person who intends to be designated as an institution for examination of
industrial property rights under paragraph (1) shall have professionals and facilities
prescribed by Presidential Decree. <Amended by Act No. 13309, May 18, 2015>
(3) Where an institution designated as an institution for examination of industrial
property rights pursuant to paragraph (1) has conducted an examination of industrial
property rights, the Commissioner of the Korean Intellectual Property Office may
assist the institution, in whole or in part, with the expenses incurred while
conducting an examination within the budgetary limits. <Amended by Act No. 13309,
May 18, 2015>
(4) Matters necessary for the procedures for designation, etc. under paragraph (1),
shall be prescribed by Presidential Decree.
Article 37 (Revocation, etc. of Designation of Institution for Examination of Industrial
Property Rights) (1) The Commissioner of the Korean Intellectual Property Office
shall cancel the designation of an institution for examination of industrial property
rights if it falls under subparagraph 1, and may cancel such designation or order it to
suspend its business for a given period not exceeding six months, if it falls under
subparagraph 2: <Amended by Act No. 11960, Jul. 30, 2013>
1. If it obtains designation as an institution for examination of industrial property
rights by fraud or by other improper means;
2. If the institution for examination of industrial property rights lost its capability to
conduct examinations of industrial property rights.
(2) Detailed criteria for administrative dispositions made under paragraph (1) shall
be prescribed by Presidential Decree in consideration of grounds therefor and the
degree of violation. <Newly Inserted by Act No. 11960, Jul. 30, 2013>
Article 38 (Request for Modification to Various Specifications)
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If an invention registered as an industrial property right is excluded from products
eligible for purchasing by the State, local governments, public institutions and other
similar entities under Article 4 of the Act on the Management of Public Institutions
because its specifications are different from conventional specifications, the
Commissioner of the Korean Intellectual Property Office may request the head of the
appropriate administrative agency, who manages the relevant specifications, to
modify or supplement the relevant specifications so that the products made with the
invention can be included in those eligible for such purchasing.<Amended by Act No.
9509, Mar. 18, 2009>
Article 39 (Preferential Purchasing of Outstanding Inventions)
When an end-user institution defined in subparagraph 5 of Article 2 of the
Government Procurement Act purchases goods, it may preferentially purchase
outstanding inventions made by small and medium enterprises (referring to small and
medium business under Article 2 of the Framework Act on Small and Medium
Enterprises) recommended by the Commissioner of the Korean Intellectual Property
Office. <Amended by Act No. 9509, Mar. 18, 2009; Act No. 11960, Jul. 30, 2013;
Act No. 13817, Jan. 27, 2016>
Article 40 (Tax Support)
The Government may provide tax support for income or expenses that accrue in
promoting inventions, filing an application for an industrial property right, filing for
registration of such right, or a transfer or licensing of an industrial property right, as
provided for in the Restriction of Special Taxation Act.
CHAPTER IV-2 FOSTERING OF INDUSTRIAL PROPERTY RIGHTS SERVICE
BUSINESS
Article 40-2 (Establishment and Implementation of Fostering Policies) (1) The
Commissioner of the Korean Intellectual Property Office shall establish and
implement polices necessary to foster industrial property rights service industry
(hereinafter referred to as "fostering policies") annually.
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(2) Fostering polices shall include the following matters:
1. Establishment of the foundation necessary to foster industrial property rights
service industry;
2. Enhancement of the competitiveness of industrial property rights service
industry;
3. Facilitation of the utilization of industrial property rights service industry and
support for business start-up;
4. Other necessary matters for fostering industrial property rights service industry.
[This Article Newly Inserted by Act No. 11960, Jul. 30, 2013]
Article 40-3 (Enhancement of Competitiveness of Industrial Property Rights Service
Industry) (1) The Commissioner of the Korean Intellectual Property Office may
conduct the following affairs to enhance the competitiveness of industrial property
rights service industry:
1. Nurturing human resources to enhance expertise of industrial property rights
service industry;
2. Facilitating international cooperation on, and overseas expansion of, industrial
property rights service industry;
3. Other affairs necessary to enhance the competitiveness of industrial property
rights service industry.
(2) The Commissioner of the Korean Intellectual Property Office may designate a
specialized institution or organization to conduct on its behalf, the business activities
under paragraph (1). In such cases, expenses incurred in conducting such affairs
may be fully or partially subsidized.
(3) The criteria and procedures for the designation of a specialized institution or
organization referred to in paragraph (2) shall be prescribed by Presidential Decree.
(4) Article 9-2 (4) and (5) shall apply mutatis mutandis to revocation of
designation, or suspension of business, of a specialized institution or organization
under paragraph (2).
[This Article Newly Inserted by Act No. 11960, Jul. 30, 2013]
Article 40-4 (Facilitation of Utilization of Industrial Property Rights Service Industry and
Support for Business Start-Up)
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The Commissioner of the Korean Intellectual Property Office may conduct the
following affairs to facilitate the utilization of the industrial property rights service
industry and to revitalize business start-up in such business:
1. Public relations to raise awareness of industrial property rights service industry;
2. Providing information on business start-up and holding consultations, fairs,
exhibitions, etc.;
3. Selecting outstanding industrial property rights service business entities and
excellent business start-up cases, and awarding prizes to them;
4. Other affairs to facilitate the utilization of industrial property rights service
industry and to activate business start-up.
[This Article Newly Inserted by Act No. 11960, Jul. 30, 2013]
Article 40-5 (Research on Actual Conditions of Industrial Property Rights Service
Industry) (1) The Commissioner of the Korean Intellectual Property Office may
conduct research on the actual conditions of industrial property rights service
industry for a period of three years, to efficiently establish and implement fostering
policies for such business.
(2) To conduct research on the actual conditions pursuant to paragraph (1), the
Commissioner of the Korean Intellectual Property Office may request an industrial
property rights service business entity to submit data prescribed by Presidential
Decree, such as the manpower status and sales revenue, or to state his/her opinion.
In such cases, the industrial property rights service business entity so requested
shall cooperate, except in extenuating circumstances, including a case where the
requested data referred to in the former part amounts to trade secrets.
(3) The period, method, items, etc. of research on the actual conditions under
paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11960, Jul. 30, 2013]
Article 40-6 (Establishment, Operation, etc. of Association) (1) An industrial
property rights service business entity may establish an association relating to the
industrial property rights service industry (hereinafter referred to as "association")
to promote the sound development of such business and mutual benefits of industrial
property rights service business entities.
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(2) The association shall be a juristic person.
(3) The association shall conduct the following:
1. Conducting research on relevant systems for the development of the industrial
property rights service industry, and recommending the improvement of the
systems;
2. Managing the current status and statistics regarding industrial property rights
service business entities;
3. Collecting, analyzing, and providing the information on the industrial property
rights service industry;
4. Affairs entrusted by the Commissioner of the Korean Intellectual Property Office
for fostering the industrial property rights service industry;
5. Other affairs necessary to achieve the objectives of establishing the association.
(4) The provisions of the Civil Act concerning incorporated associations shall apply
mutatis mutandis to the association, except for those prescribed in this Act.
[This Article Newly Inserted by Act No. 11960, Jul. 30, 2013]
Article 40-7 (Specialized Companies for Industrial Property Rights Services) (1) In
order to promote the use of industrial property rights services, the Commissioner of
the Korean Intellectual Property Office may designate a company that professionally
provides industrial property rights services (excluding subparagraph 9 (b) of Article
2; hereafter the same shall apply in this Article) and satisfies the standards for
human resources, facilities, etc., prescribed by Presidential Decree, as a specialized
company for industrial property rights services (hereinafter referred to as
"specialized company").
(2) Where a specialized company falls under any of the following, the Commissioner
of the Korean Intellectual Property Office may revoke the designation: Provided,
That in the case of subparagraph 1, he/she shall revoke the designation:
1. Where it receives designation by fraud or other improper means;
2. Where it has no track record of providing industrial property rights services for
two years after designation;
3. Where it falls short of standards for designation under paragraph (1).
(3) The Government may provide specialized companies with necessary support.
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(4) Matters necessary for the designation under paragraph (1), revocation of
designation under paragraph (2), support by the Government under paragraph (3),
etc., shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13309, May 18, 2015]
CHAPTER V MEDIATION OF DISPUTES OVER INDUSTRIAL PROPERTY RIGHTS
AND FACILITATION OF SHARING OF TECHNOLOGY
Article 41 (Committee for Mediation of Disputes over Industrial Property Rights) (1) A
committee for mediation of disputes over industrial property rights (hereinafter
referred to as the "Committee") shall be established in order to examine and mediate
disputes over the following matters (hereinafter referred to as "disputes"):
<Amended by Act No. 10357, Jun. 8, 2010; Act No. 13309, May 18, 2015>
1. Industrial property rights (including applications for industrial property rights);
2. Employee’s inventions;
3. Trade secrets (referring only to trade secrets related to technical information).
(2) The Committee shall be comprised of not less than 15 but not more than 40
committee members for mediation (hereinafter referred to as "mediators"), including
one chairperson. <Amended by Act No. 9986, Jan. 27, 2010; Act No. 10357, Jun. 8,
2010>
(3) Mediators of the Committee shall be commissioned by the Commissioner of the
Korean Intellectual Property Office, from among the following persons, and the
chairperson shall be appointed by the Commissioner of the Korean Intellectual
Property Office, from among the mediators: <Amended by Act No. 9986, Jan. 27,
2010; Act No. 10357, Jun. 8, 2010; Act No. 13309, May 18, 2015>
1. Public officials who are in a position ranked Grade III or who are members of the
Senior Civil Service, among public officials of the Korean Intellectual Property
Office;
2. Persons who currently serve as a judge or a public prosecutor;
3. Persons who hold a license as attorney-at-law or patent attorney;
4. Persons who assume the position as an associate professor or a higher position at
a college;
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5. Persons recommended by non-profit, non-governmental organizations under
Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
6. Other persons who have extensive knowledge and experience in the matters
referred to in the subparagraphs of paragraph (1).
(4) The term of office for each mediator shall be three years: Provided, That the
term of office for a mediator who falls under paragraph (3) 1 or 2 shall be the period
during which he/she holds the corresponding position.
(5) A vacancy for a mediator shall be filled by commissioning another mediator in
accordance with paragraph (3), and the term of office for a mediator commissioned
for filling a vacancy shall be the remaining term of his/her predecessor: Provided,
That if the number of mediators is not less than 15 persons, it is not necessary to
commission a mediator for filling a vacancy.
Article 41-2 (Exclusion, Challenge, and Recusal of Mediators) (1) Any of the
following mediators shall be excluded from a deliberation on and mediation of the
relevant case applying for dispute conciliation (hereafter in this Article referred to as
"case"):
1. Where a mediator or his/her current or former spouse becomes the interested
party of the relevant case or has the relationship of joint rightful persons or
responsible persons with the interested party of the relevant case;
2. Where a mediator has or had the ties of kinship with the interested party of the
relevant case;
3. Where a mediator has directly engaged in an examination, adjudication or trial in
connection with the relevant case;
4. A mediator is or was involved in the relevant case as a witness, appraiser or
proxy of the interested party;
5. A mediator has any direct interest in the relevant case.
(2) An interested party in the relevant dispute may apply for a challenge to the
Committee where it is hard to expect any fairness in a deliberation or mediation from
a mediator. In such cases, where the Committee deems that the application for a
challenge is justifiable, it shall make a decision on a challenge against the relevant
mediator.
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(3) Where a mediator falls under paragraph (1) or (2), he/she may abstain from a
deliberation on or mediation of the relevant case by himself/herself.
[This Article Newly Inserted by Act No. 10357, Jun. 8, 2010]
Article 42 (Mediation Panels)
The Committee shall have mediation panels, each of which shall be comprised of
three mediators, in order to efficiently mediate disputes, and one person among
mediators of a mediation panel shall be a person qualified as an attorney-at-law or a
patent attorney.<Amended by Act No. 10357, Jun. 8, 2010>
Article 43 (Application for Mediation, etc.) (1) A person who intends to have a dispute
mediated may file an application for mediation with the Committee, stating the
purpose and ground for the application. <Amended by Act No. 10357, Jun. 8, 2010>
(2) The mediation of a dispute under paragraph (1) shall be conducted by a
mediation panel under Article 42.
(3) The Committee shall complete mediation within three months from the filing
date of an application for mediation: Provided, That the period may be extended only
once by not more than one month with consent of both parties, if any inevitable
ground exists. <Amended by Act No. 10357, Jun. 8, 2010>
(4) If the period under paragraph (3) lapses, it shall be deemed that a mediation has
failed to reach a resolution.
Article 43-2 (Persons Eligible for Application for Mediation) (1) Eligibility to apply for
mediation of a dispute pursuant to Article 43 (1) shall be limited to any of the
following persons: Provided, That where a person does not have an address or
business office in Korea, he/she may apply for mediation only through an agent who
has an address or business office in Korea: <Amended by Act No. 13309, May 18,
2015>
1. An applicant for an industrial property right;
2. A right-holder;
3. A licensee;
4. A holder of a right to use;
5. An employee-inventor;
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6. A person who possesses a trade secret (referring only to a trade secret related
to technical information; hereafter the same shall apply in subparagraph 7);
7. Other persons who have a direct interest in the exercise of the relevant rights or
in employee’s inventions or trade secrets.
(2) Among persons under paragraph (1), a minor, a person under adult
guardianship, or a person under limited guardianship may apply for mediation only
through his/her legal representative. <Amended by Act No. 11960, Jul. 30, 2013>
[This Article Newly Inserted by Act No. 10357, Jun. 8, 2010]
Article 44 (Matters Excluded from Subject Matter of Application for Mediation)
A case for which a mere determination on whether an industrial property right is void
or cancelled or a declaration of the scope of a right is sought, among disputes, shall
not be eligible for an application for mediation.
Article 45 (Demand for Appearance) (1) If necessary for the mediation of a dispute,
the Committee may demand a party, his/her representative, or an interested party to
appear or to submit relevant documents, as necessary. <Amended by Act No. 10357,
Jun. 8, 2010>
(2) If a party to the mediation does not comply with a demand for appearance under
paragraph (1) without a justifiable ground, it shall be deemed that a mediation has
failed to reach a resolution.
Article 46 (Formation of Mediation, etc.) (1) Mediation shall be formed by recording
matters on which parties agree in a protocol.
(2) The protocol under paragraph (1) shall be as effective as judicial conciliation:
Provided, That the foregoing shall not apply to any matter of which neither party can
dispose of at will.
Article 46-2 (Refusal and Suspension of Mediation) (1) The Committee may refuse
or suspend a mediation in any of the following cases:
1. Where either party to the dispute has refused mediation;
2. Where either party to the dispute has filed a suit to the court or has done so after
the application for mediation;
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3. Cases prescribed by Presidential Decree as having no actual benefit from
mediation, such as where the details of the application are clearly approved by the
relevant statutes or objective data.
(2) Where any ground for refusal or suspension of mediation under paragraph (1)
arises, the Committee shall notify the party to the dispute of such ground, in writing.
[This Article Newly Inserted by Act No. 10357, Jun. 8, 2010]
Article 47 (Interruption of Extinctive Prescription, etc.) (1) An application for mediation
shall have the effect of interrupting extinctive prescription.
(2) If successful mediation has not been made and if no lawsuit is filed within one
month from the day on which the failure in mediation is finally confirmed, extinctive
prescription shall not be interrupted.
Article 48 (Organization of Committee, etc.)
Matters necessary for the organization and operation of the Committee, method and
procedures for mediation, and processing of the business of mediation shall be
prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10357, Jun. 8, 2010]
Article 49 (Subsidization of Expenses)
The Government may grant a subsidy, within its budgetary limits, for expenses
incurred in operation of the Committee.<Amended by Act No. 10357, Jun. 8, 2010>
Article 49-2 (Prohibition of Divulgence of Confidential Information)No person who is or
was a mediator of the Committee shall divulge any confidential information on
industrial property rights that he/she has learned in the course of performing his/her
duties. <Amended by Act No. 10357, Jun. 8, 2010>
[This Article Newly Inserted by Act No. 8601, Aug. 3, 2007]
Article 50 (Facilitation of Joint Ownership and Reciprocal Licensing of Industrial
Property Rights) (1) The Commissioner of the Korean Intellectual Property Office
shall establish and enforce a supportive policy necessary for facilitating joint
ownership of industrial property rights owned by each employer or reciprocal grant
of non-exclusive licenses in such industrial property rights (hereinafter referred to
as "joint ownership or reciprocal licensing of industrial property rights") by
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encouraging employers to execute an agreement on joint ownership or reciprocal
licensing of industrial property rights with other employers.
(2) The supportive policy under paragraph (1) shall include the following matters:
1. Providing information, in Korea and abroad, regarding joint ownership and
reciprocal licensing of industrial property rights;
2. Holding explanatory sessions for facilitating joint ownership and reciprocal
licensing of industrial property rights;
3. Other matters necessary for facilitating joint ownership and reciprocal licensing
of industrial property rights.
(3) The Commissioner of the Korean Intellectual Property Office may request the
Minister of Trade, Industry and Energy or the Chairperson of the Korea Invention
Promotion Association to grant a subsidy, in advance, for expenses incurred to
employers, who enter into agreements on joint ownership or reciprocal licensing of
industrial property rights in accordance with paragraph (1), when they jointly
develop technology for the technical area subject to the joint ownership or reciprocal
licensing of industrial property rights, from the fund under Article 55, the funds for
industrial technology development projects under Article 11 (2) of the Industrial
Technology Innovation Promotion Act, the fund for business start-up and promotion
of small and medium enterprises under Article 63 of the Small and Medium
Enterprises Promotion Act, or any other fund. <Amended by Act No. 8852, Feb. 29,
2008; Act No. 9685, May 21, 2009; Act No. 9986, Jan. 27, 2010; Act No. 11690,
Mar. 23, 2013>
Article 50-2 (Protection of Industrial Property Rights) (1) The Government may
conduct programs for protection of industrial property rights, as prescribed by
Presidential Decree, to enhance technical competitiveness of industries and establish
a fair trade system.
(2) The Commissioner of the Korean Intellectual Property Office may designate a
specialized institution or organization to perform on its behalf, programs under
paragraph (1). In such cases, the Government may fully or partially subsidize
expenses incurred in conducting such programs. <Amended by Act No. 11960, Jul.
30, 2013>
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(3) The criteria and procedures for designating a specialized institution or
organization under paragraph (2) shall be prescribed by Presidential Decree. <Newly
Inserted by Act No. 11960, Jul. 30, 2013>
(4) Article 9-2 (4) and (5) shall apply mutatis mutandis to revocation of
designation, or suspension of business, of the specialized institution or organization
under paragraph (2). <Newly Inserted by Act No. 11960, Jul. 30, 2013>
[This Article Newly Inserted by Act No. 9986, Jan. 27, 2010]
Article 50-3 (Overseas Industrial Property Rights Center) (1) An overseas industrial
property rights center may be established in order to have a center for assisting
exporters in securing, utilizing, and protecting industrial property rights abroad.
(2) An overseas industrial property rights center under paragraph (1) (hereafter
referred to as "overseas industrial property rights center" in this Article) shall
conduct the following activities:
1. Assisting exporters in applying for, registering, and utilizing industrial property
rights abroad;
2. Assisting exporters in dealing with disputes over industrial property rights
abroad;
3. Assisting exporters in protecting trade secrets abroad;
4. Sharing and diffusing information on protection of industrial property rights
abroad;
5. Collecting overseas data appropriate for assisting in protection of industrial
property rights abroad;
6. Establishing a cooperative network for protection of industrial property rights
abroad;
7. Survey and public relations activities for systems, statistics, and demands for
protection of industrial property rights abroad;
8. Other matters necessary for securing, utilizing, and protecting exporters'
industrial property rights abroad.
(3) The Government may provide financial support necessary for conducting
business activities, within budget limits, to a person who operates an overseas
industrial property rights center.
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(4) Article 20-3 (4) shall apply mutatis mutandis to the profit-making business of
an overseas industrial property rights center. <Amended by Act No. 13309, May 18,
2015>
[This Article Newly Inserted by Act No. 9986, Jan. 27, 2010]
Article 51 (Korea Institute of Intellectual Property) (1) The government shall establish
Korea Institute of Intellectual Property (hereinafter referred to as “institute”) in
order to prepare efficient schemes for dealing with disputes, in Korea and abroad,
related to intellectual property rights, analyze Korean and overseas trends of
intellectual property rights, and conduct research on the field of new intellectual
property rights. <Amended by Act No. 11661, Mar. 22, 2013>
(2) The institute shall be a juristic person. <Newly Inserted by Act No. 11661, Mar.
22, 2013>
(3) The institute shall be established by registering its incorporation at the seat of
its main office. <Newly Inserted by Act No. 11661, Mar. 22, 2013>
(4) The Institute shall perform the following affairs in accordance with the
conditions provided by its articles of incorporation: <Newly Inserted by Act No.
11661, Mar. 22, 2013>
1. Survey and research on intellectual property in Korea and abroad;
2. International cooperation and exchange with regard to intellectual property in
Korea and abroad;
3. Projects for the promotion of awareness of intellectual property in Korea and
abroad, information collection, operation of a special intellectual property library,
etc.;
4. Undertaking of research contracts issued by the government, public institutions
or private organizations in and out of Korea, or corporations, etc. or conducting
joint research with them;
5. Policy advice or recommendation concerning intellectual property and intellectual
property rights;
6. Other projects incidental to the projects referred to in subparagraphs 1 through 5,
and projects which the government deems to be serving the establishment purpose
prescribed in paragraph (1).
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(5) The Government shall establish and enforce a supporting policy necessary for
the institute under paragraph (1). <Amended by Act No. 11661, Mar. 22, 2013>
(6) The policy under paragraph (5) shall include the following matters: <Amended
by Act No. 11661, Mar. 22, 2013>
1. Subsidization of project costs and operating expenses;
2. Dispatch of public officials for research on intellectual property rights;
3. Other matters necessary for research on intellectual property.
(7) With regard to the institute, except as provided in this Act, the provisions
concerning an incorporated foundation as referred to in the Civil Act shall apply
mutatis mutandis. <Newly Inserted by Act No. 11661, Mar. 22, 2013>
(8) The Commissioner of the Korean Intellectual Property Office shall guide and
supervise the business affairs of researchers. <Newly Inserted by Act No. 11661,
Mar. 22, 2013>
CHAPTER VI KOREA INVENTION PROMOTION ASSOCIATION
Article 52 (Establishment of Korea Invention Promotion Association) (1) The Korea
Invention Promotion Association shall be established in order to promote projects for
promotion of invention systematically and efficiently and to conduct programs for
furtherance of inventors' interests.
(2) The Korea Invention Promotion Association shall be a legal entity.
(3) The Korea Invention Promotion Association shall be duly formed when it
completes the registration of its association at the registry office having jurisdiction
over its principal place of business.
(4) Where necessary, the Korea Invention Promotion Association may establish
branch associations at any place, inside and outside of the Republic of Korea, as
stipulated by its articles of association.
(5) No person, other than the Korea Invention Promotion Association, shall use the
name "Korea Invention Promotion Association".
(6) Except as otherwise provided for in this Act, the provisions governing
incorporated foundations in the Civil Act shall apply mutatis mutandis to the Korea
Invention Promotion Association.
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Article 53 (Business Activities) (1) The Korea Invention Promotion Association shall
conduct the following business activities: <Amended by Act No. 11960, Jul. 30,
2013>
1. Surveys, research, and informatization on promotion of inventions;
2. Collection, analysis, and distribution of technical information and data on industrial
property rights;
3. Training of talents relating to industrial property rights and operation of
educational facilities;
4. Fostering of education, research, and teachers relating to invention;
5. Exhibitions, events, and international exchanges and cooperation to promote
inventions;
6. Support for the creation, protection, and utilization of industrial property rights
through regional intellectual property centers;
7. Facilitation of evaluation and commercialization of patent technology;
8. Projects entrusted by the Commissioner of the Korean Intellectual Property
Office for promotion of inventions;
9. Other business activities stipulated by its articles of association.
(2) The Korea Invention Promotion Association may engage in any business for
profit in order to raise financial resources necessary to conduct business activities
under paragraph (1).
(3) For promotion of invention, the Government may fully or partially subsidize the
project costs and operating expenses of the Korea Invention Promotion Association
within budget limits.
Article 54 (Guidance and Supervision)
The Commissioner of the Korean Intellectual Property Office shall guide and
supervise the Korea Invention Promotion Association for its business affairs.
Article 55 (Raising Funds, etc.) (1) The Korea Invention Promotion Association may
raise and manage the fund for efficient support to invention promotion projects under
this Act (hereinafter referred to as the "Fund").
(2) The Fund shall be raised from the following sources:
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1. Earnings accrued from business activities for profit under Article 53 (2);
2. Contributions and donations from employers;
3. Borrowings;
4. Gains on management of the Fund;
5. Other earnings prescribed by Presidential Decree.
(3) The Fund shall be used for the following business activities:
1. Promoting inventive activities, such as holding events for encouraging invention;
2. Subsidizing production of prototypes of outstanding inventions;
3. Subsidizing evaluations on technical strength and business feasibility of
inventions;
4. Subsidizing transfer of inventions, grant of licenses, subsidizing funds for
business start-up, and subsidizing commercialization;
5. Facilitating utilization of the employee’s invention system;
6. Encouraging application and registration of industrial property rights in Korea and
abroad;
7. Encouraging students' invention;
8. Survey and analysis on information on industrial property rights;
9. Survey, research, and development of systems for industrial property rights;
10. Assistance in free representation for students and indigent inventors;
11. Assistance in providing credit guarantees in granting subsidies for
commercialization of industrial property rights;
12. Other business activities that the Chairperson of the Korea Invention Promotion
Association considers necessary for promotion of inventions.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 56 (Delegation, etc. of Authority) (1) The Commissioner of the Korean
Intellectual Property Office may delegate part of his/her authority vested under this
Act to the Special Metropolitan City Mayer, a Metropolitan City Mayor, a Special
Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-
Governing Province, as prescribed by Presidential Decree.
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(2) The Commissioner of the Korean Intellectual Property Office may entrust part
of his/her business affairs vested under this Act to a specialized institution for
informatization, the association, the Korea Invention Promotion Association, the head
of an inventing agency (referring to the head of an agency to which a public official
belongs as at the time the public official makes an invention), the Korea Patent
Attorneys Association established under Article 9 of the Patent Attorney Act, or an
agency designated as a technology trading agency pursuant to Article 10 of the
Technology Transfer and Commercialization Promotion Act, as prescribed by
Presidential Decree. <Amended by Act No. 13309, May 18, 2015>
[This Article Wholly Amended by Act No. 11960, Jul. 30, 2013]
Article 57 (Hearings)
The Commissioner of the Korean Intellectual Property Office shall hold a hearing
when he/she intends to make any of the following dispositions:<Amended by Act No.
11960, Jul. 30, 2013; Act No. 13309, May 18, 2015>
1. Revocation of designation, or suspension of business affairs, of a specialized
institution or organization under Articles 9-2 (4), 40-3 (4), and 50-2 (4);
2. Revocation of designation as a specialized institution for informatization or
suspension of business affairs thereof under Article 20-3 (3);
3. Cancellation of registration, or suspension of business affairs, of a regional
intellectual property center under Article 24 (1);
4. Revocation of designation, or suspension of business affairs, of an evaluation
institute under Article 31 (1);
5. Revocation of designation, or suspension of business affairs, of an institution for
examination of industrial property rights under Article 37 (1).
Article 57-2 (Re-Examination of Regulation)
The Commissioner of the Korean Intellectual Property Office shall examine the
appropriateness of the following matters every three years, counting from each base
date specified in the following (referring to the period that ends on the day before
the base date of every third year) and shall take measures, such as making
improvements:
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1. Standards for registration of a regional intellectual property center and
procedures for application under Article 23: January 1, 2015;
2. Standards for administrative disposition on a regional intellectual property center
under Article 24: January 1, 2015;
3. Standards for designation of an evaluation institute under Article 28: January 1,
2015;
4. Standards for administrative disposition on an evaluation institute under Article
31: January 1, 2015;
5. Standards for designation of an institution for examination of industrial property
rights under Article 36: January 1, 2015;
6. Standards for administrative disposition on an institution for examination of
industrial property rights under Article 37: January 1, 2015;
7. Standards for designation of a specialized institution or organization and standards
for administrative disposition on a specialized institution or organization under
Article 50-2: January 1, 2015;
8. Standards for imposition of an administrative fine under Article 60 (1) 4: January
1, 2015.
[This Article Newly Inserted by Act No. 13309, May 18, 2015]
CHAPTER VIII PENALTY PROVISIONS
Article 58 (Penalty Provisions) (1) Any person who discloses details of an
employee’s invention with intent to acquire unjust benefits or inflict loss on an
employer, etc. in violation of Article 19 shall be punished by imprisonment with labor
for not more than three years or by a fine not exceeding 30 million won.
(2) A prosecution for a crime under paragraph (1) may be instituted only where an
employer, etc. files a criminal complaint.
Article 59 (Legal Fiction as Public Official in Application of Penalty Provisions) (1) The
mediators of the Committee who are not public officials, and the executive officers
and employees of specialized institutions for informatization, the Korea Industrial
Property Business Arrangement Center and the Korea Invention Promotion
Association, shall be construed as a public official in applying the penalty provisions
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under the Criminal Act and other Acts.
(2) The executive officers and employees (limited to the executive officers and
employees engaged in duties that have been entrusted) of an institution (excluding a
specialized institution for informatization and the Korea Invention Promotion
Association) entrusted with duties under this Act by the Commissioner of the Korean
Intellectual Property Office, shall be construed as a public official in applying the
provisions under Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 13309, May 18, 2015]
Article 60 (Administrative Fines) (1) Any of the following persons shall be subject to
an administrative fine not exceeding ten million won: <Amended by Act No. 11960,
Jul. 30, 2013>
1. Any relevant person who fails to organize a deliberative committee or fails to
request to deliberate on a relevant matter, in violation of Article 18 (3);
2. Any person who discloses to other person, any the details of an employee’s
invention he/she becomes aware of in the course of performing his/her duties while
participating in a deliberative committee as an advisor, in violation of Article 19
(2);
3. Deleted;< by Act No. 13309, May 18, 2015>
4. Any person who uses the title "regional intellectual property center" without the
registration under Article 23 (3), in violation of paragraph (5) of the aforesaid
Article;
5. Any person who uses the title "Korea Invention Promotion Association" in
violation of Article 52 (5).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the
Commissioner of the Korean Intellectual Property Office, as prescribed by
Presidential Decree.
(3) through (5) Deleted. <by Act No. 9509, Mar. 18, 2009>
ADDENDA <No. 8357, 11. Apr, 2007>
Article 1 (Enforcement Date)
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This Act shall enter into force on the date of its promulgation: Provided, That the
amended proviso to Article 10 (2) and the amended provisions of Article 34 (2) 4
shall enter into force on June 29, 2007, while the amended provisions of Article 6
(4) of the Addenda shall enter into force on July 1, 2007.
Article 2 (Transitional Measures concerning Enforcement Date)
Until before the amended proviso to Article 10 (2) and the amended provisions of
Article 34 (2) 4 enter into force pursuant to the proviso to Article 1 of the Addenda,
the corresponding proviso to the previous Article 8 (2) and the corresponding
provisions of the previous Article 24 (2) 2-3 shall apply instead.
Article 3 (Transitional Measures concerning Compensation for Employee’s Inventions)
Compensation for succession to a right to obtain a patent, etc. or a patent right, etc.
or for grant of an exclusive license, which was made before September 4, 2006, shall
be governed by the provisions of the previous Patent Act.
Article 4 (General Transitional Measures concerning Dispositions, etc.)
An action done by or against an administrative agency pursuant to the previous
provisions in force as at the time this Act enters into force shall be deemed a
corresponding action done by or against the administrative agency pursuant to this
Act.
Article 5 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
As to acts committed before this Act enters into force, the previous provisions shall
apply in application of penalty provisions or provisions regarding administrative
fines.
Article 6 Omitted.
Article 7 (Relationship with Other Statutes)
A citation to the previous Invention Promotion Act or any provision thereof by any
other statute in force as at the time this Act enters into force shall be deemed a
citation to this Act or a corresponding provision hereof in lieu of the previous
provision, if such corresponding provision exists in this Act.
ADDENDA <No. 8601, 03. Aug, 2007>
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This Act shall enter into force on the date of its promulgation.
ADDENDA <No. 8852, 29. Feb, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <No. 9369, 30. Jan, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <No. 9401, 30. Jan, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <No. 9509, 18. Mar, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <No. 9685, 21. May, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
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ADDENDA <No. 9986, 27. Jan, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <No. 10357, 08. Jun, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of
its promulgation.
(2) (Applicability to Refusal and Suspension of Mediation) The amended provisions
of Article 46-2 shall apply from the first application for mediation filed with the
Committee after this Act enters into force.
ADDENDA <No. 10465, 29. Mar, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted).
Articles 2 through 7 Omitted.
ADDENDA <No. 10489, 30. Mar, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <No. 11661, 22. Mar, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Institute, etc.)
The incorporated foundation, the Korea Institute of Intellectual Property, which was
established under the previous provisions of the Civil Act before the enforcement of
this Act shall be deemed to have been established in accordance with the amended
provisions of Article 51.
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ADDENDA <No. 11690, 23. Mar, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <No. 11960, 30. Jul, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provisions of Article 43-2 (2) and Article 6 of the
Addenda shall enter into force on the date of its promulgation.
Article 2 (Applicability to Hearings)
The amended provisions of Article 57 shall apply beginning with a prior notification
of a disposition of business suspension made after this Act enters into force.
Article 3 (Transitional Measures concerning Industrial Property Rights Information
Industry, etc.)
(1) The industrial property rights information industry as at the time this Act enters
into force shall be construed as the industrial property rights information service
industry under the amended provisions of subparagraph 9 (a) of Article 2.
(2) An association related to the industrial property rights information industry
which has obtained establishment permission from the Commissioner of the Korean
Intellectual Property Office pursuant to Article 32 of the Civil Act as at the time this
Act enters into force shall be construed as an association under the amended
provisions of Article 40-6.
Article 4 (Transitional Measures concerning Invention Classes)
An invention class established and operated pursuant to the previous provisions as at
the time this Act enters into force shall be construed as an invention education
center under the amended provisions of Article 9 (1).
Article 5 (Transitional Measures concerning Non-Exclusive License of Employer, etc.)
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If any of an employer, etc., which is an enterprise other than a small and medium
business under Article 2 of the Framework Act on Small and Medium Enterprises,
holds a non-exclusive license in the patent right, etc. for an employee’s invention
made by an employee, etc., the employer, etc. shall be deemed to hold such non-
exclusive license under the amended provisions of Article 10 (1).
Article 6 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship and persons under limited guardianship referred to
in the amended provisions of Article 43-2 (2) shall be deemed to include persons
for whom the declaration of incompetency or quasi-incompetency remains effective
under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <No. 13309, 18. May, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of Specialized Institutions for
Informatization of Industrial Property Rights)
A specialized institution or organization designated pursuant to previous Article 20-
3 and the Korea Intellectual Property Rights Information Center registered pursuant
to previous Article 21 as at the time this Act enters into force shall be construed as
a specialized institution for informatization of industrial property rights designated
pursuant to the amended provisions of Article 20-3.
Article 3 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the imposition of an administrative fine for an
act committed before this Act enters into force.
ADDENDA <No. 13817, 27. Jan, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
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ADDENDA <No. 13842, 27. Jan, 2016>
This Act shall enter into force three months after the date of its promulgation.
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