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DECREE ON REGISTRATION OF PATENT RIGHTS, ETC.

Presidential Decree No. 23344, Dec. 2, 2011

Amended by Presidential Decree No. 24044, Aug. 14, 2012

Presidential Decree No. 24439, Mar. 23, 2013

Presidential Decree No. 24671, Jul. 22, 2013

Presidential Decree No. 25067, Jan. 7, 2014

Presidential Decree No. 25122, Jan. 28, 2014

Presidential Decree No. 25387, jun. 17, 2014

Presidential Decree No. 26022, Jan. 6, 2015

Presidential Decree No. 26147, Mar. 17, 2015

Presidential Decree No. 27495, Sep. 13, 2016

Presidential Decree No. 28452, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Patent Act, the Utility Model Act, the Design Protection Act, and the Trademark Act concerning the registration of patent rights, utility model rights, design rights, and trademark rights (including rights concerning collective marks, certification marks, and service marks) and rights concerning such rights, and those necessary for the enforcement of the aforesaid matters. <Amended by Presidential Decree No. 27495, Sept. 13, 2016>
 Article 2 (Definitions)
The terms used in this Decree shall be defined as follows: <Amended by Presidential Decree No. 25067, Jan. 7, 2014; Presidential Decree No. 27495, Sept. 13, 2016>
1. The term "original register" means the original register of patents under Article 85 of the Patent Act, the original register of utility models under Article 85 of the Patent Act applied mutatis mutandis in Article 20 of the Utility Model Act, the original register of designs under Article 88 of the Design Protection Act, and the original register of trademarks under Article 80 of the Trademark Act;
2. The term "registration number" means a patent number assigned at the time of the establishment and registration of patent rights under Article 87 (1) of the Patent Act, a utility model registration number assigned at the time of the establishment and registration of utility model rights under Article 21 (1) of the Utility Model Act, a design registration number assigned at the time of the establishment and registration of design rights under Article 90 (1) of the Design Protection Act, and a trademark registration number assigned at the time of the establishment and registration of trademark rights under Article 82 (1) of the Trademark Act;
3. The term "patent rights, etc." means patent rights, utility model rights, design rights, and trademark rights;
4. The term "rights concerning patent rights, etc." means an exclusive license, non-exclusive license, the right to exclusive use or the right to non-exclusive use concerning patent rights, etc., and the right of pledge aiming at patent rights, etc. and rights related thereto;
5. The term "registration fees" means a patent fee under Article 79 of the Patent Act, a registration fee under Article 16 of the Utility Model Act, a design registration fee under Article 79 of the Design Protection Act, and a trademark registration fee under Article 72 of the Trademark Act;
6. The term "fees for registration" means fees, such as a transfer registration fee, provisional registration fee, and trust registration fee, under Article 79 of the Patent Act, Article 16 of the Utility Model Act, Article 79 of the Design Protection Act, Article 72 of the Trademark Act, and the provisions of statutes related to patent fees, etc. thereunder.
 Article 3 (Matters to be Registered)
(1) Matters to be registered under Article 85 (3) of the Patent Act shall be as follows: <Amended by Presidential Decree No. 27495, Sept. 13, 2016; Presidential Decree No. 28452, Nov. 28, 2017>
1. Expropriation and implementation of patent rights under Articles 106 (1) and 106-2 (1) of the Patent Act;
2. Adjudication of the granting of a non-exclusive license under Article 107 (1) of the Patent Act, and the revocation of the adjudication under Article 114 (1) of the aforesaid Act;
2-2. A decision to revoke a patent or decision to reject a patent application under Article 132-13 of the Patent Act;
3. Final adjudication in trial proceedings under Articles 132-17 (only applicable to trial proceedings against a decision on the refusal of registration of an extension of the term of patent rights), 133 (1), 134 (1) and (2), 135 (1) and (2), 136 (1), 137 (1), and 138 (1) and (3) of the Patent Act;
4. Final adjudication in retrial proceedings under Article 178 (1) of the Patent Act;
5. Final decision of the Patent Court of Korea under Article 186 (1) of the Patent Act;
6. Decision of the Supreme Court of Korea under Article 186 (8) of the Patent Act.
(2) Matters to be registered under Article 85 (3) of the Patent Act applied mutatis mutandis in Article 20 of the Utility Model Act shall be as follows: <Amended by Presidential Decree No. 27495, Sept. 13, 2016; Presidential Decree No. 28452, Nov. 28, 2017>
1. Expropriation and implementation of utility model rights under Article 106 (1) of the Patent Act applied mutatis mutandis pursuant to Article 28 of the Utility Model Act;
2. Adjudication of the granting of a non-exclusive license requested pursuant to Article 107 (1) of the Patent Act applied mutatis mutandis pursuant to Article 28 of the Utility Model Act, and the revocation of the adjudication under Article 114 (1) of the aforesaid Act;
2-2. A decision to revoke the registration of a utility model or decision to reject a utility model application under Article 132-13 of the Patent Act applied mutatis mutandis pursuant to Article 30-3 of the Utility Model Act;
3. Final adjudication in trial proceedings under the provisions of Articles 132-17 (only applicable to trial proceedings against a decision on the refusal of registration of an extension of the term of utility model rights), and 135 through 137 of the Patent Act applied mutatis mutandis pursuant to Articles 31 (1), 31-2 (1), 32 (1) and (3), and 33 of the Utility Model Act;
4. Final adjudication in retrial proceedings requested pursuant to Article 178 (1) of the Patent Act applied mutatis mutandis pursuant to Article 33 of the Utility Model Act;
5. Final decision of the Patent Court of Korea under Article 186 (1) of the Patent Act applied mutatis mutandis pursuant to Article 33 of the Utility Model Act;
6. Decision of the Supreme Court of Korea under Article 186 (8) of the Patent Act applied mutatis mutandis pursuant to Article 33 of the Utility Model Act.
(3) Matters to be registered under Article 88 (3) of the Design Protection Act shall be as follows: <Amended by Presidential Decree No. 25067, Jan. 7, 2014; Presidential Decree No. 25387, Jun. 17, 2014>
1. Final decision on a formal objection to the partial examination and registration of a design under Article 68 (1) of the Design Protection Act;
2. Final adjudication in trial proceedings under Articles 120 (only applicable to trial proceedings against a decision on the revocation of the registration of a design), 121 (1), 122, and 123 (1) and (2) of the Design Protection Act;
3. Final adjudication in retrial proceedings under Article 158 (1) of the Design Protection Act;
4. Final decision of the Patent Court of Korea under Article 166 (1) of the Design Protection Act;
5. Decision of the Supreme Court of Korea under Article 166 (8) of the Design Protection Act;
6. Matters registered [only applicable to design rights established and registered (hereinafter referred to as "internationally registered design rights") pursuant to Article 198 (2) of the Design Protection Act] on the International Register (hereinafter referred to as the "International Design Register") under Article 1 (viii) of the Hague Agreement Concerning the International Deposit of Industrial Designs (hereinafter referred to as the "Hague Agreement").
(4) Matters to be registered under Article 80 (3) of the Trademark Act shall be as follows: <Amended by Presidential Decree No. 25387, Jun. 17, 2014; Presidential Decree No. 27495, Sept. 13, 2016>
2. Final adjudication in retrial proceedings under Article 157 (1) of the Trademark Act;
3. Final decision of the Patent Court of Korea under Article 162 (1) of the Trademark Act;
4. Decision of the Supreme Court of Korea under Article 162 (7) of the Trademark Act;
5. Matters registered [only applicable to trademark rights established and registered (hereinafter referred to as "internationally registered fundamental trademark rights") pursuant to Article 197 of the Trademark Act] on the International Register (hereinafter referred to as the “International Trademark Register”) under Article 2 (1) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Protocol").
 Article 4 (Order of Rights)
(1) Except as otherwise expressly provided for in statutes, the order of registered rights related to the same patent rights, etc., or rights concerning patent rights, etc. shall coincide with the order of rights registered.
(2) Relating to the order of rights registered under paragraph (1), the order of rights registered in the same columns of the original register shall coincide with the order of priority numbers and the order of rights registered in the different columns of the original register shall coincide with the order of receipt numbers.
 Article 5 (Time for Receiving Application for Registration and Time When Registration Comes into Effect)
(1) An application for registration shall be deemed received at the time the items stated in a written application, such as the registration number and the name of an applicant, are stored in the electronic data processing system of the Korean Intellectual Property Office.
(2) Where an application for registration is accepted, such registration shall come into effect from the time the application for registration is received.
 Article 6 (Preannounced Registration)
(1) Preannounced registration of patent rights and other rights concerning patents shall be sought in the following cases: <Amended by Presidential Decree No. 27495, Sep. 13, 2016; Presidential Decree No. 28452, Nov. 28, 2017>
1. Deleted. <by Presidential Decree No. 28452, Nov. 28, 2017>
2. Where an application for expropriation or implementation of patent rights under Articles 106 (1) and 106-2 (1) of the Patent Act is filed;
3. Where an application for adjudication of the granting of a non-exclusive license under Article 107 (1) of the Patent Act or an application for revocation of adjudication under Article 114 (1) of the aforesaid Act is filed;
3-2. Where an application for revocation of a patent under Article 132-2 (1) of the Patent Act is filed;
4. Where a request for trial under Articles 132-17 (only applicable to trial proceedings against a decision on the refusal of registration of an extension of the term of patent rights), 133 (1), 134 (1) and (2), 135 (1) and (2), 136 (1), 137 (1), and 138 (1) and (3) of the Patent Act is made;
5. Where a request for retrial under Article 178 (1) of the Patent Act is made;
6. Where a lawsuit is brought in the Patent Court of Korea pursuant to Article 186 (1) of the Patent Act;
7. Where an appeal is filed with the Supreme Court of Korea pursuant to Article 186 (8) of the Patent Act.
(2) Preannounced registration of utility model rights and other rights concerning utility models shall be sought in the following cases: <Amended by Presidential Decree No. 27459, Sep. 13, 2016; Presidential Decree No. 28452, Nov. 28, 2017>
1. Deleted. <by Presidential Decree No. 28452, Nov. 28, 2017>
2. Where an application for expropriation or implementation of utility model rights under Article 106 (1) of the Patent Act applied mutatis mutandis pursuant to Article 28 of the Utility Model Act is filed;
3. Where an application for adjudication of the granting of a non-exclusive license under Article 107 (1) of the Patent Act applied mutatis mutandis pursuant to Article 28 of the Utility Model Act or an application for revocation of adjudication under Article 114 (1) of the aforesaid Act is filed;
3-2. Where an application for the revocation of registration of a utility model under Article 30-2 (1) of the Utility Model Act is filed;
4. Where a request for trial under Articles 132-17 (only applicable to trial proceedings against a decision on the refusal of registration of an extension of the term of utility model rights), and 135 through 137 of the Patent Act applied mutatis mutandis pursuant to Articles 31 (1), 31-2 (1), 32 (1) and (3), and 33 of the Utility Model Act is made;
5. Where a request for retrial under Article 178 (1) of the Patent Act applied mutatis mutandis pursuant to Article 33 of the Utility Model Act is made;
6. Where a lawsuit is brought in the Patent Court of Korea pursuant to Article 186 (1) of the Patent Act applied mutatis mutandis pursuant to Article 33 of the Utility Model Act;
7. Where an appeal is filed with the Supreme Court of Korea pursuant to Article 186 (8) of the Patent Act applied mutatis mutandis pursuant to Article 33 of the Utility Model Act.
(3) Preannounced registration of design rights and other rights concerning designs shall be sought in the following cases: <Amended by Presidential Decree No. 25067, Jan. 7, 2014; Presidential Decree No. 28452, Nov. 28, 2017>
1. Deleted; <by Presidential Decree No. 28452, Nov. 28, 2017>
2. Filing an objection to the partial examination and registration of a design under Article 68 (1) of the Design Protection Act;
3. Where a request for trial under Articles 120 (only applicable to trial proceedings against a decision on the revocation of registration of a design), 121 (1), 122, and 123 (1) and (2) of the Design Protection Act is made;
4. Where a request for retrial under Article 158 (1) of the Design Protection Act is made;
5. Where a lawsuit is brought in the Patent Court of Korea pursuant to Article 166 (1) of the Design Protection Act;
6. Where an appeal is filed with the Supreme Court of Korea pursuant to Article 166 (8) of the Design Protection Act.
(4) Preannounced registration of trademark rights and other rights concerning trademarks shall be sought in the following cases: <Amended by Presidential Decree No. 27495, Sep. 13, 2016; Presidential Decree No. 28452, Nov. 28, 2017>
1. Deleted. <by Presidential Decree No. 28452, Nov. 28, 2017>
3. Where a request for retrial under Article 157 (1) of the Trademark Act is made;
4. Where a lawsuit is brought in the Patent Court of Korea pursuant to Article 162 (1) of the Trademark Act;
5. Where a lawsuit is brought in the Supreme Court of Korea pursuant to Article 162 (7) of the Trademark Act.
 Article 7 (Additional Statements for Registration)
(1) Additional statements shall be made for the registration of the following:
1. Alteration or revision of the indication of a person who holds registration;
2. Transfer of the right of pledge;
3. Reinstatement of registration partially cancelled.
(2) Where no third party who has an interest in registration exists, or a written consent from a third party who has an interest in registration or a transcript of the trial that may oppose such written consent is attached to an application for registration, the following matters shall be registered additionally:
1. Alteration of rights, other than patent rights, etc.;
2. Revision of registration (excluding the revision of the indication of a person who holds registration).
(3) The order of additional registration shall coincide with the order of principal registration, and the order among additional registrations shall coincide with the order of matters additionally registered.
 Article 8 (Provisional Registration)
(1) Provisional registration shall be sought in the following cases:
1. Where it is intended to preserve a claim concerning the establishment, transfer, alteration, or extinguishment of patent rights, etc. or rights concerning patent rights, etc.;
2. Where a claim specified in subparagraph 1 is based on predetermined time conditions or suspensive conditions, and is to be determined in future.
(2) Where principal registration is sought on matters registered provisionally, the order of such principal registration shall coincide with the order of provisional registration.
CHAPTER II ORIGINAL REGISTERS
 Article 9 (Types of Original Registers)
(1) Original registers shall be classified into the original register of patents, the original register of utility models, the original register of designs, and the original register of trademarks.
(2) The original register of patents shall be classified into the original register of patents and the original register of trust patents.
(3) The original register of utility models shall be classified into the original register of utility models and the original register of trust utility models.
(4) The original register of designs shall be classified into the original register of designs and the original register of trust designs, and a drawing or set of drawings of a design registered shall be deemed part of the original register of the design.
(5) The original register of trademarks shall be classified into the original register of trademarks and the original register of trust trademarks, and a document or set of documents indicating a trademark registered shall be deemed part of the original register of the trademark.
 Article 10 (Preparation, etc. of Original Register)
The original register shall be prepared by an electronic data processing system, and retained by means of electronically processed data storage media, such as magnetic disks, and the format thereof, methods of recording, methods of preparation, and types of auxiliary data shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24439, Mar. 23, 2013>
 Article 11 (Destruction of Original Register)
Where the original register has been destroyed wholly or partially, the Commissioner of the Korean Intellectual Property Office shall announce that persons who apply for reinstatement of registration for a fixed period of at least three months may maintain the former order on the original register destroyed.
 Article 12 (Closure of Original Register due to Extinguishment of Patents Rights, etc.)
(1) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall close the original register of the relevant rights and record the closure thereof: <Amended by Presidential Decree No. 25387, Jun. 17, 2014>
1. Where the extinguishment of patent rights, etc. has been registered;
2. Where international registration related to internationally registered design rights has been extinguished;
3. Where international registration related to internationally registered fundamental trademark rights has been extinguished.
(2) Where the Commissioner of the Korean Intellectual Property Office records the fact that the relevant original register has been closed pursuant to paragraph (1), he/she shall record the purport thereof in the original register, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24439, Mar. 23, 2013>
CHAPTER III PROCEDURES FOR REGISTRATION
SECTION 1 Common Provisions
 Article 13 (Methods of Registration)
(1) Except where the Commissioner of the Korean Intellectual Property Office accepts registration ex officio pursuant to statutes, registrations shall be sought only by filing an application or entrustment.
(2) Except as otherwise expressly provided for in statutes, the provisions concerning registration by filing an application of this Decree shall apply mutatis mutandis to procedures for registration by entrustment.
 Article 14 (Registration Ex Officio)
(1) The Commissioner of the Korean Intellectual Property Office shall register the following matters ex officio: <Amended by Presidential Decree No. 25387, Jun. 17, 2014>
1. Establishment and extinguishment (excluding extinguishment due to relinquishment) of patent rights, etc.;
2. Revisions to specifications or drawings as a result of a trial or retrial, or reinstatement of revisions due to the invalidation of revisions or a retrial;
3. Extension of the term of patent rights or utility model rights;
4. Matters concerning the conversion of the classification of goods of trademark rights;
5. Extinguishment of an exclusive license, a non-exclusive license, the right to exclusive use, the right to non-exclusive use, or the right of pledge due to confusion;
6. Matters to be registered under Article 3.
(2) Matters specified in paragraph (1) 2, Article 3 (1) 3 through 6, (2) 3 through 6, (3) 2 through 5, and (4) 1 through 4 shall be registered only where the Chief Judge of the Intellectual Property Trial and Appeal Board has given notice. <Amended by Presidential Decree No. 25387, Jun. 17, 2014>
(3) Any of the following matters, among those to be registered under paragraph (1) 6, shall be registered only where notice classified as follows is given: <Amended by Presidential Decree No. 25387, Jun. 17, 2014>
1. Matters recorded in the International Design Register: Notice given by the International Bureau of the World Intellectual Property Organization under Article 1 (xxviii) of the Hague Agreement;
2. Matters recorded in the International Trademark Register: Notice given by the International Bureau of the World Intellectual Property Organization under Article 2 (1) of the Madrid Protocol.
 Article 15 (Applicants for Registration)
(1) Except as otherwise expressly provided for in statutes, a person who has the right to seek for a registration and a person liable to seek for a registration shall jointly file an application for registration.
(2) In any of the following cases, notwithstanding paragraph (1), a person who has the right to seek for a registration may individually file an application for registration: <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
1. Where a written consent given by a person liable to seek for a registration is attached to an application;
2. Where a person liable to seek for a registration has expressed his/her intention to give consent to registration in a document under Article 22 (1) 1.
(3) A person who has the right to seek for a registration or a person liable to seek for a registration, who has won his/her case, alone may file an application for registration by the decision.
(4) A person who has the right to seek for a registration alone may file an application for registration due to inheritance, the merger of corporations, or other ordinary succession.
(5) A person who holds registration alone may file an application for registration of alteration or revision to the indication of the person who holds registration.
(6) Notwithstanding paragraph (1), where any of the following documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy are attached to an application, a person who has the right to seek for a registration or a person liable to seek for a registration alone may file an application for registration of the transfer of trademark rights: <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
1. Documents specified in Article 11 (1) (b) of the Treaty on the Law of Trademarks;
2. Documents specified in Article 11 (1) (b) of the Singapore Treaty on the Law of Trademarks.
(7) Where documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy and provided for in Article 17 (1) or 18 (1) of the Singapore Treaty on the Law of Trademarks are attached to an application for registration, alteration, or cancellation of registration of the right to use a trademark, a person who has the right to seek for a registration or a person liable to seek for a registration alone may file such application therefor. <Amended by Presidential Decree No. 24439, Mar. 23, 2013>
(8) Notwithstanding paragraph (1), a person who holds registration, who holds trademark rights, alone may file an application for registration by the division of trademark rights under Article 94 of the Trademark Act. <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
(9) Where the original of an injunction or a written consent given by a person liable to seek for a registration is attached to an application, a person who has the right to seek for a provisional registration alone may file an application for provisional registration.
(10) Notwithstanding paragraph (1), where a person who has the right to seek for a registration fully meets each of the following requirements, he/she alone may file an application for registration of the transfer of rights following the exercise of the right of pledge registered pursuant to Article 40 (1) 3-2 and (3): <Newly Inserted by Presidential Decree No. 27495, Sep. 13, 2016>
1. He/she shall have notified a person liable to seek for a registration that he/she has failed to meet debt obligations and that he/she is to exercise the right of pledge;
2. He/she shall prove that a person liable to seek for a registration has failed to meet debt obligations and that he/she has given notice under subparagraph 1.
 Article 16 (Application for Registration of Design Rights Which Include Related Design Rights, etc.)
Where a person files an application for registration of the following matters concerning design rights, in which case such design rights include related design rights under Article 35 (1) of the Design Protection Act, he/she shall also file an application for registration of the same matters about such related design rights: <Amended by Presidential Decree No. 25067, Jan. 7, 2014; Presidential Decree No. 25387, Jun. 17, 2014; Presidential Decree No. 28452, Nov. 28, 2017>
1. Transfer;
2. Alteration or revision to the indication of a person who holds registration;
3. Establishment of an exclusive license.
 Article 17 (Entrustment of Registration in Relation to Restrictions, etc. on Disposal)
(1) Where a court restricts disposal in relation to patent rights, etc. or rights concerning patent rights, etc. or lifts restrictions thereon, the court shall entrust the Commissioner of the Korean Intellectual Property Office with registration in relation to restrictions on disposal or the cancellation of the registration, along with a transcript of the trial attached to a written entrustment.
(2) In cases falling under paragraph (1), if necessary, the court shall entrust the Commissioner of the Korean Intellectual Property Office with the registration of the transfer of rights due to the alteration or revision of the indication of a person who holds registration, or inheritance or other ordinary succession.
 Article 18 (Applications, etc. for Registration of Reinstatement of Destroyed Original Register)
(1) A person who has the right to seek for a registration alone may file an application for registration of reinstatement under Article 11.
(2) Upon receipt of an application under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall prepare the original register after examining and confirming a certificate of registration, the Official Gazette, and other relevant documents.
(3) Where the Commissioner of the Korean Intellectual Property Office prepares the original register pursuant to paragraph (2), he/she shall send the transcript of such register to a person who has patent rights, etc. and a person who has rights concerning patent rights, etc., respectively.
 Article 19 (Entrustment and Methods of Preannounced Registration)
(1) Deleted. <by Presidential Decree No. 28452, Nov. 28, 2017>
(2) Where an application, request, lawsuit, or final appeal prescribed in Article 6 (1) 2 through 7 is filed or made, the Commissioner of the Korean Intellectual Property Office shall grant the preannounced registration ex officio in relation thereto: Provided, That the preannounced registration in relation to a request, lawsuit, or final appeal prescribed in Article 6 (1) 4 through 7 shall be granted only where the Chief Judge of the Intellectual Property Trial and Appeal Board gives notice.
(3) Where an application, request, lawsuit, or final appeal prescribed in Article 6 (2) 2 through 7 is filed or made, the Commissioner of the Korean Intellectual Property Office shall grant the preannounced registration ex officio in relation thereto: Provided, That the preannounced registration in relation to a request, lawsuit, or final appeal prescribed in Article 6 (2) 4 through 7 shall be granted only where the Chief Judge of the Intellectual Property Trial and Appeal Board gives notice.
(4) Where an application, request, lawsuit, or final appeal prescribed in Article 6 (3) 2 through 6 is filed or made, the Commissioner of the Korean Intellectual Property Office shall grant the preannounced registration ex officio in relation thereto: Provided, That the preannounced registration in relation to a request, lawsuit, or final appeal prescribed in Article 6 (3) 3 through 6 shall be granted only where the Chief Judge of the Intellectual Property Trial and Appeal Board gives notice.
(5) Where a request, lawsuit, or final appeal prescribed in Article 6 (4) 2 through 5 is filed or made, and the Chief Judge of the Intellectual Property Trial and Appeal Board gives notice in relation thereto, the Commissioner of the Korean Intellectual Property Office shall grant the preannounced registration ex officio in relation thereto.
 Article 20 (Applications)
(1) A person who intends to seek for a registration under this Decree (hereinafter referred to as "applicant") shall submit an application prescribed by Ordinance of the Ministry of Trade, Industry and Energy for each one case to the Commissioner of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 24439, Mar. 23, 2013>
(2) An applicant shall affix his/her signature or seal to an application specified in paragraph (1) after he/she states the following matters and subscribes his/her name in the application: Provided, That, where prescribed by Ordinance of the Ministry of Trade, Industry and Energy, he/she may omit his/her signature and seal: <Amended by Presidential Decree No. 24439, Mar. 23, 2013; Presidential Decree No. 25122, Jan. 28, 2014; Presidential Decree No. 25387, Jun. 17, 2014; Presidential Decree No. 27495, Sep. 13, 2016>
1. Registration number (in cases of internationally registered design rights or internationally registered fundamental trademark rights, referring to the international registration number);
2. Where the purpose of registration is concerned with rights other than patent rights, etc., the indication of such rights;
3. Name (in cases of a corporation, referring to the name thereof) and domicile (in cases of a corporation, referring to the seat of the head office or its place of business) of the applicant;
3-2. Patent customer number [referring to a unique identification number specified in Article 28-2 of the Patent Act (including cases applied mutatis mutandis pursuant to Article 3 of the Utility Model Act), Article 29 of the Design Protection Act, and Article 29 of the Trademark Act, and in cases of a person liable to seek for a registration of an application for registration of the transfer of all rights or application for registration of the cancellation of all rights, only applicable to where he/she has a patent customer number; hereinafter the same shall apply];
4. Where an agent represents an applicant, the name (where the agent is an intellectual property firm or intellectual property firm (limited liability), referring to the name thereof) and the agent number (where the agent does not have an agent number, referring to the domicile of the agent or the seat of the place of business of the firm) of such agent;
5. Cause of registration;
6. Other matters that should be stated pursuant to other provisions.
(3) Where an applicant files for registration of trademark rights and other rights related to trademark rights, he/she shall state the following matters, in addition to those specified under paragraph (2): <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
1. Classification of goods;
2. Designated goods (where he/she transfers designated goods by dividing them pursuant to Article 93 (1) of the Trademark Act, referring to designated goods similar thereto; and where he/she abandons some of designated goods pursuant to Article 101 of the Trademark Act, referring to designated goods which he/she is to abandon);
3. Where a person who has the right to seek for a registration is a foreigner, his/her nationality.
 Article 21 (Unified Application)
Where the cause of registration and the classification of applications for registration of at least two trademark rights, etc. or rights related to trademark rights, etc. are identical only, a person may file an application for the registration thereof using the same written application.
 Article 22 (Attached Documents Necessary to File Applications)
(1) An application specified in Article 20 (1) shall be submitted along with the following: <Amended by Presidential Decree No. 24671, Jul. 22, 2013; Presidential Decree No. 27495, Sep. 13, 2016; Presidential Decree No. 28452, Nov. 28, 2017>
1. A document evidencing the cause of registration (where the rights which require an application to be filed to be registered are trademark rights, an excerpt from a notarized contract related to the right to use a trademark, or a written statement related to the right to use a trademark identical to the details of the international standard form under the Singapore Treaty on the Law of Trademarks and signed by both the person who has the right to the trademark and the person who has the right to use the trademark, though the written statement has not been notarized, may be submitted in lieu of such document);
2. Where it is necessary to obtain a permission, approval, agreement, or consent from a third party in relation to the cause of registration, a document evidencing that an applicant has obtained a permission, approval, agreement, or consent from the third party;
2-2. Where it is necessary to obtain consent from a third party that has a stake in registration, a written consent of the third party or a transcript of a written judgment that may oppose the third party;
3. Where the cause of registration is inheritance or ordinary succession, and an applicant is an heir (heiress) or ordinary successor to a person who has the right to seek for a registration or person liable to seek for a registration, a document evidencing that he/she is an heir (heiress) or ordinary successor to such person;
4. Where an agent files an application for registration, a document evidencing his/her representation;
5. Where an applicant (including a person who has the right to seek for a registration, a person liable to seek for a registration, a third party under subparagraph 2, a third party that has a stake in registration under subparagraph 2-2, an heir (heiress) or ordinary successor under subparagraph 3; hereafter the same shall apply in this Article) is a foreigner, a document evidencing his/her nationality (only applicable to where he/she fails to achieve foreigner registration under Article 31 of the Immigration Act);
6. Where an applicant is a foreign corporation, a document evidencing that the applicant is a corporation;
7. Where an applicant falls under any of the following, a certificate of a seal imprint of an applicant or a certificate of personal signature under subparagraph 3 of Article 2 of the Act on Confirmation, etc. of Personal Signature or an electronic certificate of personal signature under Article 7 (7) of the aforesaid Act (where the applicant is a foreigner, referring to a certificate or written verification corresponding thereto): Provided, That, in any of the following cases, such certificate or written verification may be omitted:
(a) Where he/she files an application for the registration of the establishment of the rights concerning a patent right, etc. or application for the registration of transfer or cancellation of a patent right, etc. or the rights concerning the patent right, etc.: A person obligated to file an application for registration;
(b) Where he/she files an application for registration due to the cause of succession by dividing the rights by mutual agreement: All successors;
(c) Where he/she files an application for registration due to the cause of the division of a corporation: A person obligated to file an application for registration and a person who has the right to file an application for registration;
(d) Where he/she files an application for registration by establishing an equity stake in a patent right, etc. or the rights concerning the patent right, etc. or files an application for registration for the confirmation of a shared equity stake in a patent right, etc. registered or the rights concerning the patent right, etc.: All persons who have the right to file an application for registration;
(e) Where he/she files an application for alteration of registered matters concerning a patent right. etc. or the rights concerning the patent right, etc.: An applicant to whom a disadvantage occurs due to the alteration thereof;
(f) Where he/she attaches a document proving that he/she has obtained approval or consent from a third party to a written application: The third party.
8. Other documents that should be attached pursuant to other provisions.
(2) Where a document specified in paragraph (1) 1 is an enforceable decision, it is not necessary to attach a document specified in paragraph (1) 2 to the application.
(3) Where a document specified in paragraph (1) 2 is required, the third party’ name may be subscribed and the third party’s signature or seal affixed to an application, in lieu of attaching such document.
(4) Documents specified in paragraph (1) 5 through 7 shall be those issued within six months from the filing date of the application. <Amended by Presidential Decree No. 24671, Jul. 22, 2013>
(5) Where a person who has the right to seek for a registration alone files an application pursuant to Article 15 (10), he/she need not attach documents specified in paragraph (1) 5 through 7 of a person liable to seek for a registration to an application. <Newly Inserted by Presidential Decree No. 27495, Sep. 13, 2016>
(6) Where a person falls under any of the following, he/she may omit the submission of a document under paragraph (1) 7: <Newly Inserted by Presidential Decree No. 28452, Nov. 28, 2017>
1. Where he/she intends to cancel part of at least two items filed for registration, designs, or designated goods (only applicable to cases where no third party that has a stake exists);
2. Where the same applicant files an application for the cancellation of registration due to the cause of relinquishment of utility model rights at the same time he/she files an application for registration of a patent right for the registration of the establishment of the patent right pursuant to Article 87 (2) of the Patent Act;
3. Where a person obligated to file an application for registration and a person who has the right to file an application for registration (excluding a corporation) visit a registration office together and file an application for registration, in which case they submit a signed and sealed copy or a signed copy of their identity documents (referring to an identity document issued by a public agency, by which it is possible to identify the person himself/herself and his/her address, such as a resident registration card);
4. Where an equity stake established during the prosecution of a patent application has not been altered until the applicant submits a payment statement for the registration of the establishment of the patent right, etc.
(7) Upon receipt of an application under Article 20 (1), the Commissioner of the Korean Intellectual Property Office shall confirm the following documents through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That, where an applicant does not consent to confirmation of documents specified in subparagraphs 2 through 4, the applicant shall attach a copy of such documents (limited to documents issued within six months before the filing date of the application) to the application: <Amended by Presidential Decree No. 24671, Jul. 22, 2013; Presidential Decree No. 27495, Sep. 13, 2016; Presidential Decree No. 28452, Nov. 28, 2017>
1. Certificate of register entries of a corporation (only applicable to where the applicant is a corporation);
2. Transcript or extract of a resident registration card of the applicant;
3. Certificate of family relationship;
4. Certificate attesting foreigner registration (only applicable to where the applicant is a foreigner).
 Article 23 (Omission of Documents to be Attached, etc.)
(1) Where at least two applications are filed for registration at the same time, and the details of documents to be attached to each application are identical, an applicant may attach such documents to one application and choose not to attach such documents to other application by stating the meaning thereof.
(2) A person who has already submitted documents to be attached to an application to the Commissioner of the Korean Intellectual Property Office in relation to another case may choose not to attach such documents to the application by stating the meaning thereof in the application, where the details of such documents have not changed.
 Article 24 (Subrogation of Creditors)
Where a creditor files an application for registration on behalf of a debtor pursuant to Article 404 of the Civil Act, he/she shall state the following matters in the application and attach documents evidencing the cause of such subrogation thereto:
1. Names and domiciles of the creditor and debtor (where the creditor and debtor are corporations, referring to the names thereof and the seat of their principal places of business);
2. Cause of subrogation.
 Article 25 (Records of Matters concerning Extinguishment of Rights)
Where matters concerning the extinguishment of rights which are the purpose of registration are stipulated in the cause of registration, an applicant may state such matters in the application.
 Article 26 (Recording of Equity Stakes, etc.)
(1) Where at least two persons have the right to seek for a registration, and matters concerning equity stakes are stipulated in the cause of registration, the applicants may state their equity stakes in the application. The same shall also apply where they apply for registration of the partial transfer of patent rights, etc. or rights concerning patent rights, etc.
(2) Where at least two persons have the right to seek for a registration, and any of the following agreements exists, the applicants may state such agreement in the application: <Amended by Presidential Decree No. 25067, Jan. 7, 2014>
1. Agreement concluded under Article 99 (3) of the Patent Act (including where the aforesaid paragraph is applied mutatis mutandis in Articles 100 (5) and 102 (7) of the aforesaid Act);
2. Agreement concluded under Article 28 of the Utility Model Act which applies Articles 99 (3), 100 (5), and 102 (7) of the Patent Act mutatis mutandis;
3. Agreement concluded under Article 96 (3) of the Design Protection Act (including where the aforesaid paragraph is applied mutatis mutandis in Article 97 (5) of the aforesaid Act);
4. Agreement concluded under the proviso to Article 268 (1) of the Civil Act.
 Article 27 (Reinstatement of Registration Cancelled)
Where a person files an application for reinstatement of the registration cancelled, and a third party has a stake in the registration, the applicant shall attach a written consent from the third party or a transcript of a decision opposing such written consent to the application.
 Article 28 (Order of Registration)
(1) Registration by filing applications shall be in the order of receipt numbers.
(2) Registration ex officio shall be in the order of causes of registration which occur.
(3) Notwithstanding paragraph (2), applications for registration of the establishment of patent rights, etc. (excluding internationally registered design rights and internationally registered fundamental trademark rights), additional registration of designated goods, and registration of the renewal of the term of trademark rights shall be in the order of the receipt of payment certificates of registration fees (including where a portion of the registration fee has not been paid): Provided, That, where registration fees are paid according to the payer numbers assigned by the Commissioner of the Korean Intellectual Property Office (hereinafter referred to as "designated payer number"), registration shall be granted in the order of the recording of information about the receipt of registration fees in the files of the electronic data processing system of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 25387, Jun. 17, 2014>
 Article 29 (Return and Rectification of Applications, etc.)
(1) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall return the application or entrustment for registration to the applicant: Provided, That the foregoing shall not apply where defects in such application can be rectified and all defects are rectified within one month (where an applicant is a foreigner, within two months) from the date a notice requesting rectification is sent: <Amended by Presidential Decree No. 24671, Jul. 22, 2013>
1. Where matters for the registration of which an application is filed are those that cannot be registered;
2. Where a person who has no authority to file an application has filed the application;
3. Where an application does not conform to the form;
4. Where the indication of rights stated in an application is inconsistent with the original register;
5. Where the indication of a person liable to seek for a registration stated in an application is inconsistent with the original register: Provided, That the foregoing shall not apply where an applicant is an heir (heiress) or other ordinary successor of a person who has the right to seek for a registration or person liable to seek for a registration;
6. Matters stated in an application are inconsistent with documents evidencing the cause of registration;
7. Where the applicant fails to attach necessary documents to the application;
8. Where the applicant fails to pay a registration license tax, revenue stamp duty, registration fee, or fee for registration.
(2) Where the Commissioner of the Korean Intellectual Property Office returns the application or entrustment for registration to the applicant because the applicant or application falls under any of the following cases, he/she shall notify the applicant of the grounds therefor and provide him/her with an opportunity to make an explanation within a fixed period for explanation not exceeding one month:
1. Where an application has been submitted after the deadline for filing the application;
2. Where the applicant has not paid the registration fee at all;
3. through 5. Deleted; <by Presidential Decree No. 24671, Jul. 22, 2013>
6. Where the applicant has not submitted documents evidencing the cause of registration at all;
7. Where it is obvious that defects cannot be rectified pursuant to statutes.
(3) A notice requesting rectification under paragraph (1) and notification under paragraph (2) shall be given in writing, and, where necessary, such notice and notification may be given by fax, telephone, email, etc.
(4) No period of rectification under paragraph (1) shall be extended, but rectification shall be made again during the period of rectification: Provided, That Article 39 of the Trademark Act shall apply to applications for registration of the renewal of the term of patent rights. <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
 Article 29-2 (Ex Officio Rectification)
(1) Where an application for registration does not fall under any subparagraph of Article 29 (1), in which case obviously wrong statements are discovered in such application, the Commissioner of the Korean Intellectual Property Office may rectify such statements ex officio (hereinafter referred to as "ex officio rectification").
(2) Where the Commissioner of the Korean Intellectual Property Office rectifies wrong statements ex officio pursuant to paragraph (1), he/she shall send a notice of rectification stating matters rectified ex officio to the relevant applicant.
(3) Where an applicant cannot fully or partially accept matters rectified ex officio, he/she shall submit a written explanation prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office within five days from the date he/she receives a notice of rectification under paragraph (2).
(4) Where an applicant submits a written explanation pursuant to paragraph (3), the relevant matters rectified ex officio shall not be deemed to have existed fully or partially from the beginning.
[This Article Newly Inserted by Presidential Decree No. 25387, Jun. 17, 2014]
 Article 30 (Application for Return of Application for Registration)
(1) An application for return of an application for registration may be filed until the registration is granted. <Amended by Presidential Decree No. 26022, Jan. 6, 2015>
(2) Where a person provided with an opportunity to rectify defects or make an explanation pursuant to Article 29 (1) or (2) in relation to an application for registration files again an application for registration the purpose of which is identical to the purpose of the relevant application for registration after rectifying defects in the relevant application for registration, he/she shall be deemed to have filed an application for return of the relevant application for registration. <Newly inserted by Presidential Decree No. 24671, Jul 22, 2013>
 Article 31 (Notification of Errors or Omissions)
(1) Where the Commissioner of the Korean Intellectual Property Office discovers any error or omission in registration after the registration is granted, he/she shall immediately notify interested persons, such as a person who has the right to seek for a registration and a person liable to seek for a registration, of the fact in writing.
(2) Where registration is granted upon request by a creditor under Article 24, the Commissioner of the Korean Intellectual Property Office shall give notification under paragraph (1) to such creditor as well.
(3) Where at least two persons who have the right to seek for a registration, persons liable to seek for a registration, or creditors exist, the Commissioner of the Korean Intellectual Property Office may give notification under paragraphs (1) and (2) to one of such persons or creditors, respectively.
 Article 32 (Ex Officio Correction)
(1) Where the Commissioner of the Korean Intellectual Property Office discovers any error or omission in registration after the registration is granted, and such error or omission has been caused by a fault of an employee of the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board, he/she shall immediately correct the registration and notify the person who has the right to seek for a registration and the person liable to seek for a registration of the fact in writing, except where a third party who has an interest in the registration exists.
(2) Article 31 (2) and (3) shall apply mutatis mutandis to cases falling under paragraph (1).
 Article 33 (Correction by Notification)
Where the Commissioner of the Korean Intellectual Property Office receives notification classified as follows after registering matters to be registered under Article 3 (3) 6 or (4) 5, he/she shall correct the relevant matters registered:
1. Internationally registered design rights: Notification of matters corrected in the International Design Register under Article 16 (1) of the Hague Agreement, given by the International Bureau of the World Intellectual Property Organization;
2. Internationally registered fundamental trademark rights: Notification of matters corrected in the International Trademark Register under Article 28 (2) of the Common Regulations of the Madrid Protocol, given by the International Bureau of the World Intellectual Property Organization.
[This Article Wholly Amended by Presidential Decree No. 25387, Jun. 17, 2014]
 Article 34 (Ex Officio Alteration, etc. of Domicile)
(1) Where the Commissioner of the Korean Intellectual Property Office may confirm the fact that an administrative district or the name thereof has been altered, or that the domicile recorded in the original register has been altered to the domicile of an applicant stated in an application by referring to documents attached or through the joint use of administrative information under Article 36 (1) of the Electronic Government Act, he/she may alter the domicile in the original register or the patent customer number ex officio. <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
(2) Where a foreigner is deemed the same person though his/her name and domicile recorded in the original register are inconsistent with his/her name and domicile stated in the application, the Commissioner of the Korean Intellectual Property Office may revise his/her name and domicile recorded in the original register to his/her name and domicile stated in the application.
 Article 35 (Alteration, etc. of Registration of Factory Foundation, etc.)
Where patent rights, etc. in relation to which the meaning that they belong to a factory foundation under Article 10 (1) of the Factory and Mining Assets Mortgage Act or an organization corresponding thereto has been registered, or rights concerning patent rights, etc. are altered or extinguished, the Commissioner of the Korean Intellectual Property Office shall immediately notify the competent registry of the fact in writing.
 Article 36 (Processing of Unique Identification Number)
Where it is essential to conduct any of the following affairs, the Commissioner of the Korean Intellectual Property Office may process data including resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Confirmation of applications under Article 20;
2. Confirmation of attached documents under Article 22;
3. Filing applications, submission, and payment of registration fees and other fees under statutes.
SECTION 2 PROCEDURES CONCERNING LICENSES OR RIGHTS TO USE, ETC.
 Article 37 (Application for Registration of Establishment, etc. of Non-Exclusive License or Right to Non-exclusive Use)
(1) Where a person files an application for registration of the establishment of a non-exclusive license regarding patent rights, utility model rights, or design rights (hereinafter referred to as "non-exclusive license") or the right to non-exclusive use of trademark rights (hereinafter referred to as "right to non-exclusive use"), he/she shall state the following in the application:
1. Scope of a non-exclusive license or the right to non-exclusive use he/she is to establish;
2. Where matters concerning the price, methods of paying the price, or the period of payment are stipulated in the cause of registration, such matters (the foregoing may be omitted where rights intended for the registration for which an application is filed are trademark rights).
(2) Where a person files an application for preservation or registration of the transfer of a non-exclusive license or the right to non-exclusive use, he/she shall state the scope of the non-exclusive license or the right to non-exclusive use he/she is to preserve or transfer in the application.
(3) Where a person transfers a non-exclusive license along with the licensing of a patented invention, utility model design, or registered design, he/she shall attach documents evidencing the fact to the application.
 Article 38 (Application for Registration of Establishment, etc. of Exclusive License or Right to Exclusive Use)
(1) Where a person files an application for registration of the establishment of an exclusive license regarding patent rights, utility model rights, or design rights (hereinafter referred to as "exclusive license") or the right to exclusive use of trademark rights (hereinafter referred to as "right to exclusive use"), he/she shall state the following in the application:
1. Scope of an exclusive license or the right to exclusive use he/she intends to establish;
2. Where matters concerning the price, methods of paying the price, or the period of payment are stipulated in the cause of registration, such matters (the foregoing may be omitted where rights intended for the registration for which an application is filed are trademark rights).
(2) Where a person files an application for registration of the transfer of an exclusive license or the right to exclusive use, he/she shall state the scope of the exclusive license or the right to exclusive use he/she is to transfer in the application.
(3) Where a person transfers an exclusive license along with the licensing of a patented invention, utility model design, or registered design, he/she shall attach documents evidencing the fact to the application.
 Article 39 (Application for Registration of Patent Rights, etc. for which Non-Exclusive License was Granted by Judgment)
Where a person intends to file an application for any of the following registration in relation to patent rights, utility model rights, or design rights, in which case a non-exclusive license under Article 138 (1) and (3) of the Patent Act, Article 32 (1) and (3) of the Utility Model Act, or Article 123 (1) and (2) of the Design Protection Act is granted in relation to such patent rights, utility model rights, or design rights, he/she shall simultaneously file an application for registration of the same matters in relation to such non-exclusive license:
1. Transfer;
2. Alteration or correction of the indication of a person who holds registration.
[This Article Wholly Amended by Presidential Decree No. 27495, Sep. 13, 2016]
SECTION 3 Procedures concerning Right of Pledge
 Article 40 (Application for Registration of Establishment of Right of Pledge and Registration of Alteration thereof)
(1) Where a person files an application for registration of the establishment of the right of pledge or the alteration thereof, he/she shall state the following in the application: <Amended by Presidential Decree No. 25067, Jan. 7, 2014; Presidential Decree No. 27495, Sep. 13, 2016>
1. Indication of rights which are objectives of the right of pledge;
2. Amount of a claim;
3. Where matters concerning the term, repayment period, interest, a penalty, or the amount of damages are stipulated in the cause of registration, a contract under Article 121 of the Patent Act exists, a contract under Article 121 of the Patent Act applied mutatis mutandis pursuant to Article 28 of the Utility Model Act exists, a contract under Article 108 of the Design Protection Act exists, an agreement under the proviso to Article 334 of the Civil Act exists, or conditions are attached to the claim therefor, such matters or conditions stipulated;
3-2. Where a contract for foreclosure under Article 59 of the Commercial Act exists, the details thereof;
4. Name and domicile of a debtor (where the debtor is a corporation, referring to the name thereof and the seat of its principal place of business).
(2) Where a person files an application for registration of the establishment of the right of pledge or the alteration thereof in order to secure a claim that does not aim at a certain amount of money, he/she shall state the value of such claim in the application. <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
(3) Where a person who intends to file an application for registration of the establishment of the right of pledge or the alteration thereof state matters under paragraph (1) 3-2, he/she shall attach a written consent to disposal given by a person liable to seek for a registration to the application. <Newly Inserted by Presidential Decree No. 27495, Sep. 13, 2016>
 Article 41 (Application for Registration where Person has Disposed of Right of Pledge)
Article 40 (1) shall apply mutatis mutandis to filing an application for registration where a person transfers or relinquishes the right of pledge.
 Article 42 (Application for Registration of Transfer due to Partial Transfer, etc. of Claims)
Where a person files an application for registration of transfer of the right of pledge due to the partial transfer or subrogation of a claim, he/she shall state the value of the claim that is the purpose of the transfer or subrogation in the application.
SECTION 4 Procedures concerning Cancellation
 Article 43 (Cancellation of Registration due to Relinquishment)
A person who holds registration alone may file an application for the cancellation of registration due to the relinquishment of patent rights, etc. or rights concerning patents rights, etc.
 Article 44 (Cancellation of Registration due to Death)
Where rights other than patent rights, etc. are extinguished due to the death of a person who holds such rights, in which case another person attaches a certificate concerning matters recorded in family relationships certifying his/her death or other documents evidencing the relevant fact to the application, a person who has the right to seek for a registration alone may file an application for the cancellation of registration: Provided, That, where information in the attached document may be confirmed through the joint use of administrative information under Article 36 (1) of the Electronic Government Act, the confirmation thereof shall take the place of attached documents.
 Article 45 (Cancellation of Registration where Whereabouts of Person Liable to Seek for Registration are Unclear)
(1) Where a person who has the right to seek for a registration is unable to file an application for the cancellation of registration because the whereabouts of a person liable to seek for a registration are unclear, he/she may file an application for public summons pursuant to the Civil Procedure Act.
(2) Where a person files an application for public summons pursuant to paragraph (1), in which case a judgment of nullification is made, a person who has the right to seek for a registration alone may file an application for the cancellation of registration by attaching a transcript of such judgment to the application.
(3) In cases falling under paragraph (1), where a credit note or the original receipt and a certificate of repayment of a debt are attached to an application, a person who has the right to seek for a registration alone may file an application for the cancellation of registration concerning the right of pledge.
 Article 46 (Cancellation of Provisional Registration)
(1) A person who holds provisional registration alone may file an application for the cancellation of provisional registration.
(2) Where a written consent given by a person who holds provisional registration or a transcript of a judgment are attached to an application, a person who has an interest in registration alone may file an application for the cancellation of provisional registration.
 Article 47 (Cancellation of Preannounced Registration)
(1) Deleted. <by Presidential Decree No. 28452, Nov. 28, 2017>
(2) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall cancel preannounced registration: <Amended by Presidential Decree No. 27495, Sep. 13, 2016>
1. Where a decision on an application under Article 6 (1) 2, 3, and 3-2, (2) 2, 3, and 3-2, and (3) 2 is made or an application is withdrawn;
2. Where a request for trial, request for retrial, lawsuit, or final appeal under the provisions of Article 6 (1) 4 through 7, (2) 4 through 7, (3) 3 through 6, and (4) 2 through 5 falls under any of the following:
(a) Where a judgment or ruling that has dismissed a request for trial, request for retrial, lawsuit, or final appeal is affirmed;
(b) Where a judgment or ruling that has decided that a request for trial, request for retrial, lawsuit, or final appeal serves no purpose is affirmed;
(c) Where a request for trial, request for retrial, lawsuit, or final appeal is withdrawn;
(d) Where the preannounced registration in relation to a request for trial, request for retrial, or higher court of a lawsuit is achieved.
(3) In addition to cases falling under paragraph (2), where the Commissioner of the Korean Intellectual Property Office has cancelled or reinstated registration on the grounds that the cause of registration has been invalidated or revoked, or where the fact that has become the cause of preannounced registration is extinguished, he/she shall cancel the preannounced registration. <Amended by Presidential Decree No. 28452, Nov. 28, 2017>
 Article 48 (Cancellation of Registration where Third Party that Has Interest Exists)
Where a person files an application for the cancellation of registration, in which case a third party that has an interest in the registration exists, he/she shall attach a written consent given by the third party or a transcript of the trial that may oppose the third party to the application.
SECTION 5 Procedures concerning Trust
 Article 49 (Applicant for Registration of Trust)
A trustee shall individually file an application for registration of a trust of patent rights, etc. or rights concerning patent rights, etc.
[This Article Wholly Amended by Presidential Decree No. 24044, Aug. 14, 2012]
 Article 50 Deleted. <by Presidential Decree No. 24044, Aug. 14, 2012>
 Article 51 (Matters to be Registered in Registration of Trust)
(1) Where a person files an application for registration of a trust, he/she shall attach documents stating the following matters to the application: <Amended by Presidential Decree No. 24044, Aug. 14, 2012; Presidential Decree No. 26147, Mar. 17, 2015>
1. Names and domiciles of a settlor, trustee, and beneficiary (where they are corporations, referring to the names thereof and the seat of their places of business);
2. Where a person who has authority to designate or replace a beneficiary is determined, the name and domicile of such person (where he/she is a corporation, referring to the name thereof and the seat of its place of business);
3. Where a method for designation or replacement of a beneficiary is determined, such method;
4. Where conditions concerning the occurrence or extinguishment of the right to benefit are stipulated, such conditions;
5. Where a trust administrator is appointed, the name and domicile of such person (where he/she is a corporation, referring to the name thereof and the seat of its place of business);
6. In cases of the trust for a specific purpose, which has no beneficiary, the purpose thereof;
7. Where a trustee creates the trust to another person pursuant to Article 3 (5) of the Trust Act, the purpose thereof;
8. Where the trust is an inter vivos trust under Article 59 (1) of the Trust Act, the purpose thereof;
9. Where the trust is a trust with successive beneficiaries under Article 60 of the Trust Act, the purpose thereof;
10. Where the trust is a trust to issue beneficiary certificates under Article 78 of the Trust Act, the purpose thereof;
11. Where the trust is a charitable trust under the Public Trust Act, the purpose thereof;
12. Where the trust is a limited liability trust under Article 114 (1) of the Trust Act, the purpose thereof;
13. Purpose of the trust;
14. Administration, disposal, operation, and development of trust property, and other methods necessary to achieve the purpose of the trust;
15. Grounds for termination of the trust;
16. Other details of the trust.
(2) Where a trust under paragraph (1) is registered in the original register, the Commissioner of the Korean intellectual Property Office shall register matters specified under paragraph (1) in the original trust register ex officio.
(3) In cases falling under paragraph (1) 5, 10, and 11, the name and domicile of a beneficiary (where the beneficiary is a corporation, referring to the name thereof and seat of its place of business; hereafter in this paragraph the same shall apply) may be omitted; and, in cases falling under paragraph (1) 6, the name and domicile of a beneficiary shall not be stated. <Newly Inserted by Presidential Decree No. 24044, Aug. 14, 2012>
 Article 52 (Procedures for Filing Applications for Others)
(1) A beneficiary or settlor may file an application for registration of the trust on behalf of a trustee.
(2) Article 24 shall apply mutatis mutandis to filing applications under paragraph (1). In such cases, a document evidencing that patent rights, etc. which are the purpose of registration or rights concerning patent rights, etc. are trust property shall be attached to each application.
 Article 53 (Filing Applications for Registration of Trust Simultaneously)
(1) An application for registration of a trust shall be filed simultaneously with an application for the transfer of patent rights, etc., or the establishment or registration of the transfer of rights concerning patent rights, etc. due to the trust: Provided, That the foregoing shall not apply where a beneficiary or settlor files an application for registration of the trust or an application for registration of the trust on internationally registered design rights or internationally registered fundamental trademark rights on behalf of a trustee pursuant to Article 52 (1). <Amended by Presidential Decree No. 24044, Aug. 14, 2012; Presidential Decree No. 25387, Jun. 17, 2014>
(2) Paragraph (1) shall apply mutatis mutandis where a person files an application for registration of the trust of patent rights, etc. or rights concerning patent rights, etc. belonging to trust property pursuant to Article 27 of the Trust Act or claims the recovery of trust property pursuant to Article 43 of the aforesaid Act. <Amended by Presidential Decree No. 24044, Aug. 14, 2012>
 Article 54 (Applications for Cancellation of Registration of Trust)
(1) Where patent rights, etc. belonging to trust property or rights concerning patent rights, etc. do not belong to trust property because such rights have been transferred, a person shall file an application for the cancellation of the registration of a trust in the same application form as an application for registration of the transfer of patent rights, etc. or rights concerning patent rights, etc.: Provided, That the foregoing shall not apply where a person files an application for the cancellation of the registration of the trust on internationally registered design rights or internationally registered fundamental trademark rights. <Amended by Presidential Decree No. 25387, Jun. 17, 2014>
(2) Paragraph (1) shall apply mutatis mutandis where patent rights, etc. belonging to trust property or rights concerning patent rights, etc. have been transferred as the trust terminates.
 Article 55 (Procedures for Filing Applications for Registration of Transfer due to Replacement of Trustee)
Where a trustee is replaced, and a person files an application for registration of the transfer of patent rights, etc. or rights concerning patent rights, etc. or an application for registration of the replacement of the trustee in the original design trust register of internationally registered design rights or the original trademark trust register of internationally registered fundamental trademark rights, he/she shall attach a document evidencing the replacement thereof to the application. <Amended by Presidential Decree No. 25387, Jun. 17, 2014>
 Article 56 (Procedures for Filing Applications for Registration, etc. of Transfer due to Termination of Duties of Trustee)
(1) Where the duties of a trustee are terminated because he/she falls under any of the following cases, a new trustee may individually file an application for registration of the transfer of patent rights, etc. belonging to trust property or rights concerning patent rights, etc.: <Amended by Presidential Decree No. 26147, Mar. 17, 2015>
1. Where the duties of the trustee are terminated because he/she falls under any subparagraph of Article 12 (1) of the Trust Act;
2. Where the settlor has dismissed the trustee pursuant to Article 16 (1) of the Trust Act;
3. Where the court has dismissed the trustee pursuant to Article 16 (3) of the Trust Act;
4. Where the Minister of Justice has dismissed the trustee of the charitable trust ex officio pursuant to Article 27 of the Public Trust Act.
(2) Where the duties of one of several trustees are terminated for reasons falling under any subparagraph of paragraph (1), other trustee may individually file an application for registration of alteration of rights. In such cases, where there are several other trustees, all of them shall jointly file an application.
[This Article Wholly Amended by Presidential Decree No. 24044, Aug. 14, 2012]
 Article 57 (Entrustment of Registration on Original Trust Register)
Where the court or the competent authority appoints or dismisses a trust administrator, it shall entrust the Commissioner of the Korean Intellectual Property Office with the registration of the appointment or dismissal thereof on the original trust register. The same shall also apply where the court or the competent authority dismisses a trustee.
 Article 58 (Entrustment of Registration due to Alteration of Trust)
(1) Where the court alters a trust, it shall entrust the Commissioner of the Korean Intellectual Property Office with the registration of the alteration thereof on the original trust register. <Amended by Presidential Decree No. 24044, Aug. 14, 2012>
(2) Paragraph (1) shall apply mutatis mutandis where the competent authority alters the details of a trust. <Amended by Presidential Decree No. 24044, Aug. 14, 2012>
 Article 59 (Ex Officio Registration on Original Trust Register)
Where the Commissioner of the Korean Intellectual Property Office registers the transfer of patent rights, etc. or rights concerning patent rights, etc. on the original register after he/she receives an application under Article 55 or 56, he/she shall register such rights ex officio on the original trust register.
 Article 60 (Application for Registration of Alteration of Matters of Trust)
(1) In addition to cases falling under Articles 55 through 58, where the Commissioner of the Korean Intellectual Property Office registers alterations of matters specified under Article 51 (1) on the original trust register, a trustee alone may file an application where he/she attaches documents evidencing the alterations thereof to the application.
(2) A beneficiary or settlor may file an application under paragraph (1) with a trustee.
(3) Article 24 shall apply mutatis mutandis to filing applications under paragraph (2).
 Article 60-2 (Application for Registration of Trust due to Merger, Division, etc. of Trust)
(1) Where patent rights, etc. belonging to one trust property or rights concerning patent rights, etc. are vested in trust property of other trust due to the merger or division of the trust, a person shall file an application for registration of the cancellation of registration of the trust, and registration of a new trust, simultaneously with an application for registration of alteration of rights due to the merger or division of the trust.
(2) Where a trustee who has accepted several trusts pursuant to Article 34 (1) 3 and (2) of the Trust Act vests patent rights, etc. belonging to one trust property or rights concerning patent rights, etc. in trust property of other trust, he/she shall file an application for registration of the cancellation of registration of the trust and application for registration of a new trust, simultaneously with an application for registration of the alteration of rights due to being vested in trust property of other trust.
[This Article Newly Inserted by Presidential Decree No. 24044, Aug. 14, 2012]
 Article 60-3 (Applicants for Registration of Trust Established on Another Person with Trust Property by Trustee)
Where a trustee establishes a trust of trust property on another person pursuant to Article 3 (5) of the Trust Act, the trustee of a new trust shall be a person who has the right to seek for a registration and the trustee of the original trust shall be a person liable to seek for a registration, in relation to the registration of the transfer of rights concerning patent rights, etc. belonging to the relevant trust property or rights concerning patent rights, etc.
[This Article Newly Inserted by Presidential Decree No. 24044, Aug. 14, 2012]
 Article 60-4 (Exceptions to Registration of Alteration of Rights concerning Trust Property)
In any of the following cases, a trustee may individually file an application for registration of the alteration of patent rights, etc. belonging to the relevant trust property or rights concerning patent rights, etc.:
1. Where the trustee establishes the trust pursuant to Article 3 (1) 3 of the Trust Act;
2. Where the trustee is permitted to engage in any of the following activities because he/she falls under any subparagraph of Article 34 (2) of the Trust Act:
(a) Vesting patent rights, etc. belonging to trust property or rights concerning patent rights, etc. in proper property;
(b) Vesting patent rights, etc. belonging to proper property or rights concerning patent rights, etc. in trust property;
(c) Vesting patent rights, etc. belonging to one trust property or rights concerning patent rights, etc. in the trust property of other trust by a trustee who has accepted several trusts.
[This Article Newly Inserted by Presidential Decree No. 24044, Aug. 14, 2012]
 Article 60-5 (Exceptions to Security Right Trust)
(1) In cases of a trust in which a settlor treats the right of pledge he/she has established on patent rights, etc. owned by him/her or a third party, or rights concerning patent rights, etc. by designating a trustee who is not a creditor as a pledgee as the trust property, and designates the creditor as a beneficiary, creating several secured debts guaranteed by the right of pledge and matters to be registered under the subparagraphs of Article 40 (1) for each secured debt are different from one another, matters to be registered under the subparagraphs of Article 40 (1) shall be divided by each debt and recorded.
(2) Where secured debts guaranteed by the right of pledge belonging to the trust property of the trust under paragraph (1) are transferred, a trustee shall file an application for registration of the alteration of records on the original trust register.
(3) Article 42 shall not apply where a settlor registers the transfer of the right of pledge belonging to the trust property of the trust under paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 24044, Aug. 14, 2012]
 Article 60-6 (Registration of Trust for which Trust Property Administrator has been Appointed)
Articles 49, 51 through 53, 57, 60, 60-2 through 60-5, and 61 shall apply to the trust for which a trust property administrator has been appointed pursuant to Article 17 (1) or 18 (1) of the Trust Act. In such cases, "trustee" shall be construed as "trust property administrator."
[This Article Newly Inserted by Presidential Decree No. 24044, Aug. 14, 2012]
 Article 61 (Additional Statements about Dismissal of Trustee)
Where the Commissioner of the Korean Intellectual Property Office registers the dismissal of a trustee on the original trust register pursuant to the latter part of Article 57, he/she shall make additional statements about the dismissal on the original register ex officio.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012: Provided, That the part concerning the extension of the term of utility model rights of Article 14 (1) 3 shall enter into force on the date the Free Trade Agreement between the United States of America and the Republic of Korea comes into effect on the Republic of Korea; the part concerning trademark rights of the amended provisions of Articles 20 (2) 5, 22 (1) 1, 37 (1) 2, and 38 (1) 2 shall enter into force on the date the Singapore Treaty on the Law of Trademarks comes into effect on the Republic of Korea; and the proviso to Article 29 (1), Articles 29 (2) through (4), 30, and 34 shall enter into force on July 1, 2012.
Article 2 (Repeal of other Statutes)
The Decree on Registration of Patents, the Decree on Registration of Utility Models, the Decree on Registration of Designs, and the Decree on Registration of Trademarks are hereby repealed, respectively.
Article 3 (Transitional Measures concerning Registration of Patent Rights, etc.)
Patent rights, etc. registered or applied for registration pursuant to the former Decree on Registration of Patents, the former Decree on Registration of Utility Models, the former Decree on Registration of Designs, and the former Decree on Registration of Trademarks, as at the time this Decree enters into force, shall be deemed registered or applied for registration pursuant to this Decree.
Article 4 Omitted.
Article 5 (Relationship to other Statutes)
Where the former Decree on Registration of Patents, the former Decree on Registration of Utility Models, the former Decree on Registration of Designs, the former Decree on Registration of Trademarks, or the provisions thereof are cited by other statutes, as at the time this Decree enters into force, if corresponding provisions exist in this Decree, this Decree or the relevant provisions of this Decree shall be deemed cited in lieu of the former provisions.
ADDENDA <Presidential Decree No. 24044, Aug. 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability)
This Decree shall begin to apply from the first registration of a trust of patent rights, etc. or rights concerning patent rights, etc. for which an application is filed after this Decree enters into force.
Article 3 (General Transitional Measures)
(1) A trust of patent rights, etc. or rights concerning patent rights, etc. registered pursuant to the former provisions, as at the time this Decree enters into force, shall be deemed registered pursuant to the amended provisions of this Decree.
(2) The original trust register prepared pursuant to the former provisions, as at the time this Decree enters into force, shall be used as it is even after this Decree enters into force.
ADDENDA <Presidential Decree No. 24439, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24671, Jul. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Attached Documents Necessary to File Application for Registration)
The amended provisions of Article 22 (1) 7 shall begin to apply from the first application for registration, filed after this Decree enters into force.
Article 3 (Applicability to Period during which Defective Application for Registration is Rectified)
The amended provisions of the proviso to Article 29 (1) shall also apply where an application for registration is filed as at the time this Decree enters into force: Provided, That, where a notice requesting rectification is sent so that any defects in the application may be rectified, the former provisions thereof shall apply.
Article 4 (Applicability to Grounds for Return of Application for Registration)
The amended provisions of Article 29 (2) shall also apply where an application for registration is filed as at the time this Decree enters into force.
Article 5 (Applicability to being Deemed to have Filed Application for Return of Application for Registration)
The amended provisions of Article 30 (2) shall also apply where an application for registration is filed as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 25067, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2014. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25122, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25387, Jun. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Hague Agreement comes into effect on the Republic of Korea: Provided, That the amended provisions of Articles 16 and 29-2 of the partially amended Decree on Registration of Patent Rights, etc. (Presidential Decree No. 25067) shall enter into force on July 1, 2014.
Article 2 (Applicability to Ex Officio Rectification)
The amended provisions of Article 29-2 shall begin to apply from the first application for registration of patent rights, etc., filed after this Decree enters into force.
ADDENDUM <Presidential Decree No. 26022, Jan. 6, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26147, Mar. 17, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27495, Sep. 13, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 2 (only applicable to parts related to the Utility Model Act and the Patent Act), Articles 3 (1) 2-2 and 3, (2) 2-2 and 3, 6 (1) 3-2 and 4, (2) 3-2 and 4, and 47 (2) 1 shall enter into force on March 1, 2017.
Article 2 (Applicability to Application for Registration Individually Filed by Persons who Have Right to Seek for Registration)
The amended provisions of Article 15 (2) 2 shall also apply where the expression of intention of a person liable to seek for a registration to give consent to registration is stated in a document under Article 22 (1) 1 before this Decree enters into force.
Article 3 (Applicability to Application for Registration of Utility Model Rights, etc. of which Non-exclusive License is Granted by Judgment)
The amended provisions of Article 39 shall also apply where an application for registration of transfer, or registration of alteration or correction of the indication of a person who holds registration is filed after this Decree enters into force, in relation to utility model rights or design rights of which non-exclusive license is permitted by a judgment before this Decree enters into force.
Article 4 (Applicability to Application for Registration of Establishment and Alteration of Right of Pledge)
The amended provisions of Article 40 (1) 3-2 and (3) shall also apply to a contract for foreclosure under Article 59 of the Commercial Act, entered into before this Decree enters into force.
Article 5 (Transitional Measures concerning Alteration of Applicant Code, etc.)
(1) An applicant code stated pursuant to the former provisions, as at the time this Decree enters into force, shall be deemed a patent customer number under the amended provisions of Article 20 (2) 3-2.
(2) An agent code stated pursuant to the former provisions, as at the time this Decree enters into force, shall be deemed an agent number under the amended provisions of Article 20 (2) 4.
ADDENDUM <Presidential Decree No. 28452, Nov. 28, 2017>
This Decree shall enter into force on the date of its promulgation.