INVENTION PROMOTION ACT
Wholly Amended by Act No. 8357, Apr. 11, 2007
Amended by Act No. 8601, Aug. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9369, Jan. 30, 2009
Act No. 9401, Jan. 30, 2009
Act No. 9509, Mar. 18, 2009
Act No. 9685, May 21, 2009
Act No. 9986, Jan. 27, 2010
Act No. 10357, Jun. 8, 2010
CHAPTER I GENERAL PROVISIONS
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.
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>
| 2. | The term "employee invention" means an invention that an employee, executive 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 invention; |
| 5. | The term "patent management department" means a department of the employer, etc. in charge of planning, research, management, etc. of industrial property rights; |
5-2. The term "public patent attorney" means a patent attorney who executes his/her duties at a patent conseling center of public patent lawyers installed under Article 26-2; | 6. | The term "industrial property examination" means proposing direction for research and development of invention or methods of promoting the introduction of technology, by conducting a comprehensive analysis on invention of an independent inventor, employer, etc.; |
| 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 "industrial property rights information industry" means an industry that collects, analyzes, or processes information on industrial property rights to create new goods or services. |
| 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 of Subsidies for Encouragement of Invention) |
| (1) | The Government may grant a subsidy, within budget limits, to a person falling under any of the following subparagraphs in order to encourage invention: |
| 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 persons eligible for granting subsidies under paragraph (1), the application for such subsidies, and the management of such subsidies shall prescribed by Presidential Decree. |
| 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 carry out the following activities in order to raise national awareness on invention and facilitate 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) |
| (2) | The supportive policy under paragraph (1) shall include the following matters: |
| 1. | Providing support for the establishment, operation, and expansion of student inventor groups in each school; |
| 2. | Preferential treatment of tutors for student inventor groups in each school; |
| 3. | Providing support for events held by a school or jointly by schools for the facilitation of invention. |
| (3) | The Government may include subjects regarding industrial property rights in curricula of schools for which such subjects are considered necessary, among schools at different levels, 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 Added by Act No. 10357, Jun. 8, 2010]
| Article 9 (Establishment of Invention Classes) |
| (1) | The Government may have employers establish and operate facilities for practice of invention (hereinafter referred to as "invention classes") as institutions attached to employers' facilities in order to stimulate enthusiasm of students, youth, and citizens for invention. |
| (2) | The Commissioner of the Korean Intellectual Property Office may consult with employers on matters necessary for providing support for the establishment and operation of invention classes under paragraph (1). |
| (3) | The Commissioner of the Korean Intellectual Property Office may provide support to employers who assist in the establishment and operation of invention classes under paragraph (1). |
| (4) | Matters necessary for the establishment and operation of invention classes under paragraph (1) shall be prescribed by Presidential Decree. |
Section 2 Boosting of Employee Invention
| Article 10 (Employee Invention) |
| (1) | If an employee acquires a patent or completes the registration of a utility model or design (hereinafter referred to as "patent, etc."), or succeeds to the right to acquire a patent, etc., with regard to an employee invention, the employer shall have a non-exclusive license for the patent, utility model right, or design right (hereinafter referred to as "patent right, etc."). |
| (2) | Notwithstanding paragraph (1), the State or a local government shall succeed to a public official's right to an employee invention, and thus a public official's patent right, etc. for an employee 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, 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 invention, and thus patent rights, etc. of a teaching staff of a national or public school to an employee invention, to which the exclusively responsible organization succeeds, shall be owned by the exclusively responsible organization. |
| (3) | A clause of a contract or employment regulations shall be void, if the clause requires an employee to transfer the right to acquire a patent, etc., or a patent right, etc., to the employer in advance in connection with any invention made by the employee, other than employee inventions, or requires an employee to grant the exclusive license for a patent, etc. to the employer. |
| (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 Invention Compensation System and Supportive Policy therefor) |
| (1) | The Government shall establish and enforce a supportive policy for the implementation of an employee invention compensation system in order to encourage employee invention. |
| (2) | Supportive policy under paragraph (1) shall include the following matters: |
| 1. | Preparation and diffusion of standardized compensation regulations; |
| 2. | Preparation and diffusion of reasonable regulations on procedures for the settlement of disputes related to compensation. |
| (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 who compensate for employee inventions. |
| Article 12 (Notice of Completion of Employee Invention) |
An employee who completes an employee invention shall notify the employer of his/her completion in writing without delay. In cases where an employee invention is completed jointly by two or more employees, such notice shall be given jointly by the employees.
| Article 13 (Notice of Whether Successive) |
| (1) | An employer (excluding the State or a local government) shall, upon receiving a notice under Article 12, notify the employee as to whether he/she succeeds to rights to the invention within the period specified by Presidential Decree: Provided, That no employer may assert his/her succession to rights to an invention against an employee's intent, if there is no clause in a contract or employment regulations that requires the employee to transfer the right to acquire a patent, etc., or a patent right, etc., to the employer in advance or requires the employee to grant the exclusive license in such patent, etc. to the employer. |
| (2) | An employer 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 does not give notice of whether succeeding to rights to an invention within the period under paragraph (1), the employer shall be deemed to have given up the succession to the rights to the invention. In such cases, the employer shall not be entitled to a non-exclusive license without consent of the employee who made the invention, notwithstanding Article 10 (1). |
| Article 14 (Succession to Rights to Joint Invention) |
In cases where an employee invention has been made jointly by an employee and a third party and an employer succeeds to rights to the invention in accordance with a contract or employment regulations, the employer shall acquire the employee's share of the rights to the invention.
| Article 15 (Compensation for Employee Invention) |
| (1) | An employee shall have a right to obtain fair compensation when he/she agrees with his/her employer under a contract or employment regulations to have the employer succeed to his/her rights to the patent, etc. for an employee invention or to grant an exclusive license for an employee invention. |
| (2) | In cases where a contract or employment regulations provide for compensation under paragraph (1), the compensation shall be deemed fair, if it is considered reasonable in light of the following conditions: |
| 1. | How negotiations were made between the employer and employees when guidelines for determining the form and amount of compensation were established; |
| 2. | How the guidelines were presented to employees, such as whether the guidelines established for compensation were publicly announced or posted; |
| 3. | How employees' opinions were heard when determining the form and amount of compensation. |
| (3) | If a contract or employment regulations do not provide for compensation under paragraph (1) or if a compensation cannot be considered as fair compensation under paragraph (2), the amount of such compensation shall be determined by taking into consideration benefits the employer is anticipated to obtain with the invention and the degree of contribution of the employer and the employee to the completion of the invention. |
| (4) | The State or a local government shall pay fair compensation, when it succeeds to rights to an employee invention made by a public official pursuant to Article 10 (2). In such cases, matters necessary for the payment of compensation shall be prescribed by Presidential Decree or Municipal Ordinance. |
| Article 16 (Compensation when Patent Application Reserved) |
An employer shall pay fair compensation pursuant to Article 15, even in cases where the employer has succeeded to rights to an employee invention, but gives up filing an patent application or voluntarily revokes a patent application. In such cases, economic benefits that the employee could have obtained if the invention had been protected as industrial property rights shall be considered in determining the amount of compensation for the invention.
| Article 17 (Organization for Deliberation on Employee Inventions) |
| (1) | An employer may establish and operate an organization for deliberation on employee inventions to have an organization to deliberate on the following matters regarding employee inventions: |
| 1. | Matters concerning the establishment, amendment, and enforcement of regulations on employee inventions; |
| 2. | Matters concerning the mediation of differences between employees and the employer regarding compensation for employee inventions; |
| 3. | Other necessary matters concerning employee inventions. |
| (2) | An organization for deliberation on employee inventions under paragraph (1) shall be comprised of the employer, the representative of employees, and the head of the patent management department under Article 26; experts in appropriate fields may be commissioned as advisors, if necessary. |
| Article 18 (Disputes Related to Employee Inventions) |
If a dispute arises in connection with an employee invention, the employer or employee may file an application for mediation with the committee for mediation of disputes over industrial property rights under Article 41.
| Article 19 (Duty of Confidentiality) |
Employees shall keep details of an employee invention confidential until the employer files a patent application for patent for the invention: Provided, That the foregoing shall not apply to cases where the employer confirms that he/she will not succeed to rights to an invention.
Section 3 Supply of Information on Industry Property Rights and Facilitation of Utilization of such Information
| Article 20 (Establishment 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 enhance the efficiency in research and development and assist in securing rights to achievements of research and development promptly. |
| (2) | The promotion plan shall include the following matters: |
| 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; |
| 3. | Fostering of the industrial property rights information 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 any person who engages in the industrial property rights information industry within the extent permitted by the Patent Act and other relevant Acts and subordinate statutes at the request of such person. In such cases, restrictions may be placed on the supply of personal information under the Act on the Protection of Personal Information Maintained by Public Institutions, as prescribed by Presidential Decree. |
| (2) | The Commissioner of the Korean Intellectual Property Office may charge a fee to applicants under paragraph (1), as prescribed by Presidential Decree. |
[This Article Added by Act No. 9986, Jan. 27, 2010]
| Article 20-3 (Vicarious Supply of Information on Industrial Property Rights) |
The Commissioner of the Korean Intellectual Property Office may designate an appropriate specialized institution or organization to authorize it to carry out work related to the supply of information on industrial property rights and the facilitation of utilization of such information under Article 20 (2) 2, as prescribed by Presidential Decree. In such cases, expenses incurred in such work may be fully or partially subsidized. [This Article Added by Act No. 9986, Jan. 27, 2010]
| 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 supply and utilization of information on industrial property rights. |
| (2) | The Government may provide any person who carries out research and development under paragraph (1) with a full or partial subsidy of the funds needed for such research and development. |
[This Article Added 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 Added by Act No. 9986, Jan. 27, 2010]
| Article 20-6 (Promotional Activities for Industrial Property Rights Information Industry) |
The Government may carry out the following activities in order to enhance citizens' knowledge of the industrial property rights information industry and encourage business start-up:
| 1. | Holding events related to the business start-up and promotion of the industrial property rights information industry; |
| 2. | Search for successful cases of business start-up and awarding prizes to outstanding business entities related to information on industrial property rights; |
| 3. | Holding business start-up fairs and exhibitions of excellent technology and software; |
| 4. | Other matters necessary for the business start-up and promotion of the industrial property rights information industry. |
[This Article Added by Act No. 9986, Jan. 27, 2010]
| Article 20-7 (Enhancement of Competitiveness of Industrial Property Rights Information Industry) |
| (1) | The Government may carry out the following activities in order to enhance the competitiveness of the industrial property rights information industry: |
| 1. | Education of people engaging in the industrial property rights information industry to improve their qualities; |
| 2. | Training of professional human resources required for overseas expansion of the industrial property rights information industry and assistance in such training; |
| 3. | Other activities considered necessary for improving the expertise of the industrial property rights information industry. |
| (2) | The Government may designate an appropriate specialized institution or organization to authorize it to carry out activities under any subparagraph of paragraph (1), as prescribed by Presidential Decree. In such cases, the Government may grant a full or partial subsidy of expenses incurred in such activities. |
[This Article Added by Act No. 9986, Jan. 27, 2010]
| Article 21 (Patent Technology Information Center) |
| (1) | A patent technology information center may be established in order to efficiently distribute informative data on prior art related to industrial property rights. <Amended by Act No. 9986, Jan. 27, 2010> |
| (2) | The patent technology information center under paragraph (1) (hereinafter referred to as "patent technology information center") shall carry out the following activities: <Amended by Act No. 9986, Jan. 27, 2010> |
| 1. | Providing facilities and equipment for research on prior art; |
| 2. | Analyzing and providing information on prior art; |
| 3. | Search for prior art by outsourcing services; |
| 4. | Other activities for the distribution of informative data on prior art. |
| (3) | A person who intends to establish the patent technology information center register it with the Commissioner of the Korean Intellectual Property Office. <Amended by Act No. 9986, Jan. 27, 2010> |
| (4) | A person who intends to be registered as the patent technology information center in accordance with paragraph (3) shall be a legal entity able to carry out the activities under paragraph (2) and equiped with human resources, facilities, database, and computer systems specified by Presidential Decree. |
| (5) | The patent technology information center may engage in any business for profit so as to raise funds necessary for carrying out the activities under paragraph (2). |
| (6) | Any person who has become registered as the patent technology information center under paragraph (3) shall submit to the Commissioner of the Korean Intellectual Property Office a business plan for each business year not later than one month before the beginning of the business year and a business performance report for the business year not later than three months after the end of the business year. |
| (7) | No person, other than the patent technology information center, shall use the name "patent technology information center". |
| (8) | The Government may contribute funds for expenses incurred in the patent technology information center within budget limits. |
| (9) | Matters necessary for the contribution under paragraph (8) shall be prescribed by Presidential Decree. |
| Article 22 (Cancellation of Registration of Patent Technology Information Center) |
If the patent technology information center falls under any of the following subparagraphs, the Commissioner of the Korean Intellectual Property Office may, cancel its registration or order the center to suspend its business for a given period not exceeding six months: Provided, That if it falls under subparagraph 1, its registration shall be cancelled:
| 1. | If it became registered as the patent technology information center by fraud or other wrongful means; |
| 2. | If it lost the ability to carry out the activities under Article 21 (2); |
| 3. | If it fails to meet the standards for registration under Article 21 (4); |
| 4. | If it fails to submit a business plan or a business performance report under Article 21 (6) within the given period. |
| Article 23 (Local Intellectual Property Centers) |
| (1) | A local intellectual property center may be established in each area in order to stimulate local residents' enthusiasm for invention and enhance their knowledge of industrial property rights. |
| (2) | Each local intellectual property center under paragraph (1) (hereinafter referred to as "local intellectual property center") shall carry out the following activities: <Amended by Act No. 9986, Jan. 27, 2010> |
| 1. | Providing information on industrial property rights; |
| 2. | Counselling on industrial property rights; |
| 3. | Public relations activities for industrial property rights; |
| 4. | Other supportive activities for industrial property rights. |
| (3) | Any person who intends to establish a local intellectual property center shall register the center with the Commissioner of the Korean Intellectual Property Office. |
| (4) | Any person who intends to be registered as a local intellectual property center in accordance with paragraph (3) shall be equipped with facilities, human resources, and computer systems specified by Presidential Decree. |
| (5) | No person, other than a local intellectual property center, shall use the name "local intellectual property center". |
| (6) | The Government may grant subsidies of expenses incurred in operating local intellectual property centers within budget limits. |
| (7) | Article 21 (5) and (6) shall apply mutatis mutandis to activities of each local intellectual property center. |
| (8) | Matters necessary for the registration procedures under paragraph (3) and other relevant matters shall be prescribed by Presidential Decree. |
| Article 24 (Cancellation of Registration of Local Intellectual Property Center) |
Article 22 shall apply mutatis mutandis to the cancellation of registration of, or the suspension of business of, a local intellectual property center. In such cases, "Article 21 (2)" in subparagraph 2 of the aforesaid Article shall be construed as "Article 23 (2)", and "Article 21 (4)" in subparagraph 3 of the aforesaid Article as "Article 23 (4)".
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. |
| (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; |
| 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: |
| 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 Added 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 of Institution for Evaluation of Inventions) |
| (1) | If earlier commercialization of an invention, registered as an industrial property right, is 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 attached to a corporation, or an institution specializing in evaluation of technical strength and business feasibility as an institution for the evaluation of the invention, subject to prior consultation with heads of appropriate administrative agencies. |
| (2) | When an institution is designated for the evaluation of an invention under paragraph (1), professional human resources, facilities, performance of evaluations, or experience in similar work, as prescribed by Presidential Decree, shall be taken into consideration. |
| (3) | A person who intends to commercialize an invention may request the institution designated for evaluation pursuant to paragraph (1) (hereinafter referred to as "evaluating institution") to evaluate the technical strength and business feasibility of the invention. |
| (4) | The evaluating institution 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 evaluating institution on the following matters: |
| 1. | Technology subject to evaluation and the scope of evaluation; |
| 2. | Financial support to the evaluating institution and evaluation fees; |
| 3. | Agreement on business operation with the evaluating institution. |
| (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 Evaluating Institution) |
The Commissioner of the Korean Intellectual Property Office may grant a full or partial subsidy to the evaluating institution that carries out the following activities for expenses incurred in 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. |
| 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 the evaluating institution on its technical strength and business feasibility pursuant to Article 28 (3) and (4).
| Article 31 (Cancellation of Designation of Evaluating Institution) |
The Commissioner of the Korean Intellectual Property Office shall, if the evaluating institution falls under subparagraph 1, cancel the designation and may, if the evaluating institution falls under subparagraph 2, cancel the designation or order the evaluating institution to suspend its business for a given period not exceeding six months:
| 1. | If it has obtained designation as an evaluating institution by fraud or by other wrongful means; |
| 2. | If it lost its capability to evaluate technical strength and business feasibility of inventions under Article 28 (2) and (3). |
| 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 (Referral Center for Commercialization of Patent Technology) |
| (1) | A referral center for commercialization of patent technology shall be established in order to have a center for carrying out business affairs for facilitating the commercialization of industrial property rights. |
| (2) | The referral center for commercialization of patent technology shall carry out the following activities: <Amended by Act No. 9369, Jan. 30, 2009; Act No. 9509, Mar. 18, 2009> |
| 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 for an industrial property right (including cases where an industrial property right holder grants a license to the referral center for commercialization of patent technology, and the referral center for commercialization of patent technology, in turn, grants a sub-license therefor to a third party. In such cases, the referral center for commercialization of patent technology shall pay the royalty 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 supply of information related to referral and evaluation of industrial property rights; |
| 5. | Other activities necessary to facilitate commercialization of patent technology and to boost referral of patent technology. |
| (3) | The Government may contribute funds for all or part of expenses incurred in the establishment and operation of the referral center for commercialization of patent technology or the execution of its business. |
| (4) | The organization, functions and operation of the referral center for commercialization of patent technology, 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 Institution for Examination of Industrial Property Rights) |
| (1) | 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 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) | In designating an institution for examination of industrial property rights under paragraph (1), the standards prescribed by Presidential Decree for professional human resources, facilities, examination performance or experience in similar work, etc. shall be taken into consideration. |
| (3) | The Commissioner of the Korean Intellectual Property Office may grant a full or partial subsidy, within budget limits, for expenses incurred in conducting examination when an institution for examination of industrial property rights, designated pursuant to paragraph (1), conducts an examination of industrial property rights at the request of an independent inventor or an employer. |
| (4) | Matters necessary for the designation procedures, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 37 (Cancellation of Designation of Institution for Examination of Industrial Property Rights) |
The Commissioner of the Korean Intellectual Property Office shall cancel the designation, if an institution for examination of industrial property rights falls under subparagraph 1, and may cancel the designation or order it to suspend its business for a given period not exceeding six months, if it falls under subparagraph 2:
| 1. | If it has obtained designation as an institution for examination of industrial property rights by fraud or by other wrongful means; |
| 2. | If the institution for examination of industrial property rights lost its capability to carry out examinations of industrial property rights. |
| Article 38 (Request for Modification to Various Specifications) |
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) |
A demanding agency under subparagraph 4 of Article 2 of the Government Procurement Act may, when it purchases goods, preferentially purchase outstanding inventions made by small and medium enterprises and recommended by the Commissioner of the Korean Intellectual Property Office. <Amended by Act No. 9509, Mar. 18, 2009>
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 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 have the Committee examine and mediate disputes related to industrial property rights (hereinafter referred to as "disputes"). <Amended by Act No. 10357, Jun. 8, 2010> |
| (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> |
| 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; |
| 6. | Other persons who have ample knowledge and experience in industrial property rights. |
| (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 Abstention of Mediators) |
| (1) | A mediator falling under any of the following subparagraphs 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. |
| (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 Added 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 carry out mediation of 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) | Any of the following persons shall be eligible to apply for dispute mediation under Article 43 (1): Provided, That a person who does not hold any address or business office in Korea may apply for mediation only through a proxy who has an address or business office in Korea: |
| 3. | A holder of right to use; |
| 5. | Any other person who has direct interest in the execution of the relevant right. |
| (2) | Among persons under paragraph (1), a minor or an incompetent or quasi-incompetent person may apply for mediation only through his/her legal representative. |
[This Article Added 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 (Rejection and Suspension of Mediation) |
| (1) | The Committee may reject or suspend a mediation in any of the following cases: |
| 1. | Where either party to the dispute has rejected mediation; |
| 2. | Where either party to the dispute has filed a suit to the court or has done so after the application for mediation; |
| 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 Acts and subordinate statutes or objective data. |
| (2) | Where any ground for rejection or suspension of mediation under paragraph (1) arises, the Committee shall notify the party to the dispute of such ground, in writing. |
[This Article Added 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 carrying out his/her duties. <Amended by Act No. 10357, Jun. 8, 2010>
[This Article Added 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 for such industrial property rights (hereinafter referred to as "joint ownership or reciprocal licensing of industrial property rights") by 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 Knowledge Economy 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> |
| 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, in order to enhance technical competitiveness of industries and establish a fair trade system. |
| (2) | The Government may designate an appropriate specialized institution or organization to authorize it to perform programs for protection of industrial property rights under paragraph (1), as prescribed by Presidential Decree. In such cases, the Government may grant a full or partial subsidy of expenses incurred in conducting such programs. |
[This Article Added 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) | The overseas industrial property rights center under paragraph (1) (hereafter referred to as "overseas industrial property rights center" in this Article) shall carry out 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, within budget limits, to a person who operates the overseas industrial property rights center as necessary for carrying out business activities. |
| (4) | Article 21 (5) shall apply mutatis mutandis to business activities conducted for profit by the overseas industrial property rights center. |
[This Article Added by Act No. 9986, Jan. 27, 2010]
| Article 51 (Intellectual Property Research Institute) |
| (1) | Employers may jointly establish an intellectual property research 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. |
| (2) | The Government shall establish and enforce a supportive policy necessary for the intellectual property research institute under paragraph (1). |
| (3) | The policy under paragraph (2) shall include the following matters: |
| 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 rights. |
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 carry out 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. |
| (1) | The Korea Invention Promotion Association shall carry out the following business activities: |
| 1. | Survey and research on promotion of inventions; |
| 2. | Collection, analysis, and distribution of technical information and data of industrial property rights; |
| 3. | Training of staffs for patent management; |
| 4. | Distribution of publications of patents, utility models, designs, and trademarks; |
| 5. | Conduct of educational programs related to industrial property rights and operation of educational facilities; |
| 6. | Projects entrusted by the Commissioner of the Korean Intellectual Property Office for promotion of inventions; |
| 7. | 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 for carry out business activities under paragraph (1). |
| (3) | For promotion of invention, the Government may grant a subsidy, within budget limits, to the Korea Invention Promotion Association for project costs and expenses incurred in its operation. |
| 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: |
| 1. | Earnings accrued from business activities for profit under Article 53 (2); |
| 2. | Contributions and donations from employers; |
| 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 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 and Entrustment of Authority and Business Affairs) |
The Commissioner of the Korean Intellectual Property Office may delegate part of his/her authority and business affairs under this Act to the Special Metropolitan City Mayer, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor or may entrust the head of the patent technology information center, the head of the Korean Invention Promotion Association, the head of an inventing agency (referring to the head of the agency to which a public official belongs as at the time the public official makes an invention), or an institution designated as a technology trading institution pursuant to Article 10 of the Technology Transfer and Commercialization Promotion Act with part of his/her authority and business affairs under this Act, as prescribed by Presidential Decree. <Amended by Act No. 9986, Jan. 27, 2010>
The Commissioner of the Korean Intellectual Property Office shall hold a hearing when he/she intends to make any of the following dispositions:
| 1. | Cancellation of registration of the patent technology information center under Article 22; |
| 2. | Cancellation of registration of a local intellectual property center under Article 24; |
| 3. | Cancellation of registration of an evaluating institution under Article 31; |
| 4. | Cancellation of registration of an institution for examination of industrial property rights under Article 37. |
CHAPTER VIII PENAL PROVISIONS
| Article 58 (Penal Provisions) |
| (1) | Any person who discloses details of an employee invention with intent to acquire unjust benefits or inflict loss on an employer in violation of Article 19 shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won. |
| (2) | A crime under paragraph (1) may be prosecuted only where an employer files a criminal complaint. |
| Article 59 (Legal Fiction as Public Officials in Application of Penal Provisions) |
Mediators of the Committee who are not public officials, and executives and employees of the patent technology information center, the referral center for commercialization of patent technology, and the Korea Invention Promotion Association shall be deemed public officials in applying penal provisions of the Criminal Act and other Acts. <Amended by Act No. 8601, Aug. 3, 2007; Act No. 10357, Jun. 8, 2010>
| Article 60 (Fines for Negligence) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won: |
| 1. | A person who uses the name "patent technology information center" without the registration under Article 21 (3) in violation of paragraph (7) of the aforesaid Article; |
| 2. | A person who uses the name "local intellectual property center" without the registration under Article 23 (3) in violation of paragraph (5) of the aforesaid Article; |
| 3. | A person who uses the name "Korea Invention Promotion Association" in violation of Article 52 (5). |
| (2) | Fines for negligence under paragraph (1) shall be imposed and collected by the Commissioner of the Korean Intellectual Property Office, as prescribed by Presidential Decree. |
| (3) | through (5) Deleted. <by Act No. 9509, Mar. 18, 2009> |
ADDENDA
Article 1 (Enforcement Date)
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 former Article 8 (2) and the corresponding provisions of the former Article 24 (2) 2-3 shall apply instead. Article 3 (Transitional Measures concerning Compensation for Employee 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 former Patent Act. Article 4 (General Transitional Measures concerning Dispositions, etc.)
An action done by or against an administrative agency pursuant to the former 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 Penal Provisions and Fines for Negligence)
As to acts committed before this Act enters into force, the former provisions shall apply in application of penal provisions or provisions regarding fines for negligence.
Article 6 Omitted.
Article 7 (Relationships with other Acts and Subordinate Statutes)
A citation of the former Invention Promotion Act or any provision thereof by any other Act or subordinate statute in force as at the time this Act enters into force shall be deemed a citation of this Act or a corresponding provision hereof in lieu of the former provision, if such corresponding provision exists in this Act.
ADDENDUM<Act No. 8601, Aug. 3, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9369, Jan. 30, 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<Act No. 9401, Jan. 30, 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.
ADDENDUM<Act No. 9509, Mar. 18, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM<Act No. 9986, Jan. 27, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 10357, Jun. 8, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Rejection 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. |