Law Viewer

Back Home

ENFORCEMENT DECREE OF THE INVENTION PROMOTION ACT

Wholly Amended by Presidential Decree No. 20264, Sep. 10, 2007

Amended by Presidential Decree No. 20729, Feb. 29, 2008

Presidential Decree No. 21461, Apr. 30, 2009

Presidential Decree No. 21732, Sep. 15, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22309, Jul. 26, 2010

Presidential Decree No. 22515, Dec. 7, 2010

Presidential Decree No. 23169, Sep. 29, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23866, jun. 21, 2012

Presidential Decree No. 24247, Dec. 21, 2012

Presidential Decree No. 24439, Mar. 23, 2013

Presidential Decree No. 24753, Sep. 17, 2013

Presidential Decree No. 24890, Dec. 4, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25067, Jan. 7, 2014

Presidential Decree No. 25120, Jan. 28, 2014

Presidential Decree No. 25495, Jul. 21, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26647, Nov. 18, 2015

Presidential Decree No. 27114, Apr. 28, 2016

Presidential Decree No. 27230, jun. 21, 2016

Presidential Decree No. 27252, jun. 21, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28093, jun. 2, 2017

Presidential Decree No. 28292, Sep. 15, 2017

Presidential Decree No. 28471, Dec. 12, 2017

Presidential Decree No. 28909, May 28, 2018

Presidential Decree No. 29421, Dec. 24, 2018

Presidential Decree No. 29748, May 7, 2019

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Invention Promotion Act and matters necessary for the enforcement of said Act.
 Article 1-2 (Industrial Property Rights Service Industry)
"Business prescribed by Presidential Decree" in subparagraph 9 (e) of Article 2 of the Invention Promotion Act (hereinafter referred to as the "Act") means any of the following business:
1. Business providing education, counseling, consultation or publicity in relation to industrial property rights;
2. Financial business relating to industrial property rights;
3. Research or statistical business relating to industrial property rights.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 2 (Business Activities Eligible for Subsidies for Promotion of Invention)
The Commissioner of the Korean Intellectual Property Office may grant a subsidy to promote invention (hereinafter referred to as "subsidy") to any of the following business activities, pursuant to Article 4 (1) of the Act: <Amended by Presidential Decree No. 25120, Jan. 28, 2014>
1. Holding, and participating in, events designed to encourage inventions;
2. Conducting surveys and research to create, protect, and utilize inventions;
3. Facilitating the creation and utilization of inventions for each region;
4. Facilitating inventive activities for students and women;
5. Nurturing outstanding inventors;
6. Subsidizing expenses incurred in disputes over industrial property rights in Korea and abroad as well as expenses for overseas application and registration, in relation to inventions;
7. Assistance in free representation services for the disadvantaged to facilitate their inventions;
8. Assistance in evaluating inventions;
9. Assistance in transacting and commercializing invention-related technologies and products.
 Article 3 (Application for Subsidies)
(1) A person who intends to obtain a subsidy pursuant to Article 2 shall submit an application for subsidies to promote invention in attached Form 1, to the Commissioner of the Korean Intellectual Property Office, including the following documents; and in such cases, the Commissioner of the Korean Intellectual Property Office shall verify the applicant’s corporation registration certificate (limited to corporations) by administrative data matching under Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 21732, Sep. 15, 2009; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 23488, Jan. 6, 2012; Presidential Decree No. 25120, Jan. 28, 2014; Presidential Decree No. 28909, May 28, 2018>
1. A business plan;
2. A budget bill for income and expenditure;
3. A document verifying the applicant’s eligibility for subsidies to promote invention referred to in any subparagraph of Article 4 (1) of the Act.
(2) If it is inevitable to conduct affairs concerning paying subsidies, the Commissioner of the Korean Intellectual Property Office may manage data containing resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, which are included in the documents submitted pursuant to paragraph (1). <Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012>
 Article 4 (Decision on Payment of Subsidies)
(1) Where the Commissioner of the Korean Intellectual Property Office determines to grant a subsidy in relation to the application referred to in Article 3, he/she shall issue a notice of the payment of subsidies, attaching payment conditions thereto.
(2) A person in receipt of a notice of payment of subsidies who intends to amend the relevant business plan shall first obtain prior approval for the amendment from the Commissioner of the Korean Intellectual Property Office, attaching a statement of the grounds for the amendment and a budget bill to the amended business plan.
(3) To efficiently conduct the business activities referred to in each subparagraph of Article 2, the Commissioner of the Korean Intellectual Property Office may grant a subsidy either in installments or in lump sum.
 Articles 5 through 6-3 Deleted. <by Presidential Decree No. 28292, Sep. 15, 2017>
 Article 6-4 (Criteria for Designating Specialized Institutions for Research Notes)
(1) The Commissioner of the Korean Intellectual Property Office may designate an institution or organization satisfying each of the following requirements as a specialized institution or organization referred to in Article 9-2 (2) of the Act (hereinafter referred to as "specialized institution for research notes") that conducts, on its behalf, business activities to facilitate the use of data on the process and outcomes of research recorded in the course of implementing national research and development projects under the Framework Act on Science and Technology (hereinafter referred to as "research notes"):
1. It shall have computation equipment necessary for establishing a database and electronic research note system required to conduct the business activities specified in each subparagraph of Article 9-2 (1) of the Act;
2. It shall have at least two personnel with exclusive responsibility, who have engaged in the business activities specified in any subparagraph of Article 9-2 (1) of the Act or have other similar experience;
3. It shall have procedures and standards for processing affairs necessary for conducing the business activities specified in each subparagraph of Article 9-2 (1) of the Act.
(2) A person that intends to be designated as a specialized institution for research notes shall submit an application for designation of a specialized institution for research notes in attached Form 2 to the Commissioner of the Korean Intellectual Property Office, including a document verifying that the person satisfies the requirements specified in each subparagraph of paragraph (1).
(3) Upon receipt of the documents under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall issue a certificate of designation of a specialized institution for research notes in attached Form 3 to the relevant person, if the person is deemed appropriate to be designated as a specialized institution for research notes. In such cases, the Commissioner of the Korean Intellectual Property Office shall publish, without delay, the designation of the specialized institution for research notes on the website of the Korean Intellectual Property Office.
(4) Matters necessary for computation equipment, personnel with exclusive responsibility; detailed procedures and criteria for processing the affairs referred to in each subparagraph of paragraph (1); and any other matters necessary for the designation and operation of specialized institutions for research notes shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 6-5 (Criteria for Administrative Dispositions against Specialized Institutions for Research Notes)
(1) The criteria for taking administrative dispositions against specialized institutions for research notes under Article 9-2 (4) of the Act shall be as specified in attached Table 1.
(2) Where the Commissioner of the Korean Intellectual Property Office revokes the designation of a specialized institution for research notes or suspends its affairs or business pursuant to Article 9-2 (4) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office without delay.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 6-6 (Selection of, and Support for, Outstanding Companies in Employee’s Invention Compensation System)
(1) Any company that intends to be selected as an outstanding company in the employee's invention compensation system referred to in Article 11-2 (1) of the Act shall file an application with the Commissioner of the Korean Intellectual Property Office.
(2) The Commissioner of the Korean Intellectual Property Office may select a company filing an application pursuant to paragraph (1) as an outstanding company in the employee's invention compensation system, if it meets each of the following standards: <Amended by Presidential Decree No. 25495, Jul. 21, 2014>
1. It shall conclude or prepare a contract for, or employment regulations on, compensation for employees' inventions and shall execute and comply with such contract or regulations; and in such cases, the contract or regulations shall include each of the following matters:
(a) Procedures for succeeding to rights to an employee's invention;
(b) Compensation procedures, including the criteria, etc. for determining the type and amount of compensation for an employee's invention;
(c) Raising of an objection, deliberation, mediation or arbitration, in connection with succession to rights to an employee's invention or compensation therefor;
2. It shall have a record of providing compensation (including non-monetary compensation) for any employee's invention within the past two years from the date an application was filed pursuant to paragraph (1);
3. It shall be under either a small and medium businesses defined in Article 2 of the Framework Act on Small and Medium Enterprises, or a middle-standing enterprises defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises.
(3) When selecting an outstanding company in the employee's invention compensation system under paragraph (2), the Commissioner of the Korean Intellectual Property Office may hear opinions of private experts related to intellectual property.
(4) The Commissioner of the Korean Intellectual Property Office and the heads of relevant central administrative agencies may provide any of the following support (only the support specified in subparagraph 3, in cases of the heads of relevant central administrative agencies) to outstanding companies in the employee's invention compensation system selected pursuant to paragraph (2): <Amended by Presidential Decree No. 25067, Jan. 7, 2014>
1. Expedited examinations referred to in Article 61 of the Patent Act, Article 15 of the Utility Model Act, or Article 61 of the Design Protection Act;
2. Reduction of, or exemption from, patent fees referred to in Article 79 of the Patent Act, utility model registration fees referred to in Article 16 of the Utility Model Act, or design registration fees referred to in Article 79 of the Design Protection Act;
3. Any other administrative and financial support deemed necessary to activate the employee's invention compensation system.
(5) Except as otherwise provided for in paragraphs (1) through (4), details necessary for applying for, selecting, and supporting outstanding companies in the employee's invention compensation system shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 24753, Sep. 17, 2013]
 Article 7 (Period for Giving Notice of Whether Successive)
"Period specified by Presidential Decree" in the main sentence of Article 13 (1) of the Act means a period of within four months after receipt of the notice referred to in Article 12 of the Act.
 Article 7-2 (Scope of Employees Whose Consultation or Consent Is Required)
(1) The scope of an employee, executive officer of a corporation, or public official (hereinafter referred to as "employee, etc.") whom the relevant employer, corporation, the State, or the competent local government (hereinafter referred to as "employer, etc.") must consult with or obtain consent from, pursuant to Article 15 (3) of the Act shall be as follows:
1. Consultation: A majority of the employee, etc. who will be subject to compensation regulations to be newly prepared or amended (including an employee, etc. to whom compensation regulations have applied before the amendment);
2. Consent: A majority of the employee, etc. who are subject to compensation regulations to be amended disadvantageously to them.
(2) An employer, etc. shall notify the relevant employee, etc. of the criteria for determining the type and amount of compensation, payment method, etc., 15 days before the date the newly prepared or amended compensation regulations apply (including compensation regulations amended disadvantageously to them).
(3) Where an employer, etc. consults with, or requests consent from, the relevant employee, etc. pursuant to Article 15 (3) of the Act, he/she shall do so conscientiously.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 7-3 (Composition of Deliberative Committee on Employees' Inventions)
(1) Where a deliberative committee on employees' inventions (hereinafter referred to as the "deliberative committee") is established pursuant to Article 17 (2) of the Act, a member representing an employer, etc. (hereinafter referred to as "employer member") and a member (hereinafter referred to as "employee member") representing an employee, etc. (excluding any executive officer of a corporation; hereafter in this paragraph, the same shall apply) shall meet either of the following requirements, as relevant:
1. An employer member: An employer, the representative of a corporation, or a person commissioned by the employer or by the representative of the corporation;
2. An employee member: A person elected by the relevant employee, etc. by direct, secret or unanimous ballot.
(2) Advisors referred to in Article 17 (2) and the latter part of Article 18 (3) of the Act shall be commissioned by mutual agreement between employer members and employee members.
(3) The number of employer members and employee members of the deliberative committee referred to in Article 18 (3) of the Act shall be three or more, respectively: Provided, That the number may be one or more, respectively, if the number of employees working full time is less than 30.
(4) The deliberative committee shall have a chairperson, who is elected from among the employer members and employee members. In such cases, one employer member and one employee member may serve as co-chairperson.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 7-4 (Operation of Deliberative Committee on Employees' Inventions)
(1) The chairperson shall convene and preside over deliberative committee meetings; and shall notify each member of the deliberative committee of the time, venue, agenda items, etc. of a meeting and provide materials related to deliberation 15 days before the meeting is held.
(2) Where deemed necessary, the chairperson may have any person, other than members of the deliberative committee, attend its meeting to hear his/her opinion: Provided, That where an employee, etc. requests deliberation pursuant to Article 18 (1) of the Act, the chairperson shall hear opinion of such employee, etc.
(3) Meetings of the deliberative committee shall be held with the attendance of a majority of employer members and employee members, respectively; and resolutions shall be adopted with the concurrent votes of a majority of the members present (excluding advisors referred to in Article 17 (2) and the latter part of Article 18 (3) of the Act).
(4) Meetings of the deliberative committee shall be made public: Provided, That its meeting may be closed to the public by a resolution of the deliberative committee.
(5) The deliberative committee shall prepare and store minutes of its meetings for three years from the dates the respective meetings are held: Provided, That if it is impracticable to store the minutes due to the termination, etc. of activities of the deliberative committee, the relevant employer or the representative of the relevant corporation shall store the minutes.
(6) Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the operation, etc. of the deliberative committee shall be determined by the chairperson by a resolution of the deliberative committee.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 7-5 (Dispatch of Advisors)
(1) An employer, etc., who requests the Commissioner of the Korean Intellectual Property Office to dispatch an advisor pursuant to Article 18 (5) of the Act shall submit a request stating the purport and ground of the dispatch to the Commissioner of the Korean Intellectual Property Office.
(2) Where an employer, etc. who has submitted a request under paragraph (1) is not a small or medium business defined in Article 2 of the Framework Act on Small and Medium Enterprises, the Commissioner of the Korean Intellectual Property Office may not dispatch an advisor.
(3) The Commissioner of the Korean Intellectual Property Office shall determine whether to dispatch an advisor and notify the relevant employer, etc. of his/her determination, within 15 days after receipt of the request referred to in paragraph (1).
(4) Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the dispatch of an advisor shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 8 (Formulation of Plans to Implement Informatization of Industrial Property Rights)
(1) To facilitate implementing a plan to promote informatization of industrial property rights (hereinafter referred to as "promotion plan") established pursuant to Article 20 (1) of the Act, the Commissioner of the Korean Intellectual Property Office shall formulate a plan to implement informatization of industrial property rights (hereinafter referred to as "implementation plan") by April 30 each year.
(2) An implementation plan shall include the following:
1. Direction-setting for projects to implement the promotion plan (hereinafter referred to as "detailed projects");
2. Action plans for detailed projects;
3. Expenses incurred in conducting detailed projects, and plans to finance the expenses;
4. Any other matters necessary for promoting detailed projects.
[This Article Newly Inserted by Presidential Decree No. 22309, Jul. 26, 2010]
 Article 8-2 (Provision of Information on Industrial Property Rights)
(1) Deleted. <by Presidential Decree No. 26647, Nov. 18, 2015>
(2) Where the Commissioner of the Korean Intellectual Property Office intends to impose restrictions on the provision of personal information specified in the Personal Information Protection Act, pursuant to the latter part of Article 20-2 (1) of the Act, he/she shall first determine the criteria for placing restrictions and then publicly announce the criteria on the website, etc. of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 23169, Sep. 29, 2011>
(3) Fees the Commissioner of the Korean Intellectual Property Office may charge pursuant to Article 20-2 (2) of the Act shall be determined within the scope of actual expenses based on cost calculation; and when the costs are calculated, the following matters shall be taken into consideration:
1. General expenses incurred in the provision, etc. of information on industrial property rights;
2. Expenses incurred in developing, maintaining, and repairing an information system to provide information on industrial property rights;
3. Methods of providing information on industrial property rights;
4. Any other matters deemed by the Commissioner of the Korean Intellectual Property Office necessary to calculate the costs.
(4) The Commissioner of the Korean Intellectual Property Office shall determine and publicly notify the amount of fees pursuant to paragraph (3) and publish it on the website of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 22309, Jul. 26, 2010]
 Article 8-3 (Designation of Specialized Institutions for Informatization)
(1) The Commissioner of the Korean Intellectual Property Office may designate a corporation which meets each of the following requirements, as a specialized institution for the informatization of industrial property rights referred to in Article 20-3 (1) of the Act (hereinafter referred to as "specialized institution for informatization"): <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
1. It shall be a non-profit corporation engaging in business related to industrial property rights;
2. It shall have an organizational structure and personnel with exclusive responsibility for business concerning the informatization of industrial property rights referred to in each subparagraph of Article 20 (2) of the Act (hereinafter referred to as "business concerning the informatization of industrial property rights");
3. It shall have a past record of performing business concerning the informatization of industrial property rights;
4. It shall have other matters deemed by the Commissioner of the Korean Intellectual Property Office necessary to perform business concerning the informatization of industrial property rights.
(2) A person that intends to be designated as a specialized institution for informatization shall submit an application for designation of a specialized institution for informatization to the Commissioner of the Korean Intellectual Property Office, including a document verifying that the person meets the requirements referred to in each subparagraph of paragraph (1). <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(3) Where the Commissioner of the Korean Intellectual Property Office designates a specialized institution for informatization, he/she shall publicly notify such fact. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(4) The Commissioner of the Korean Intellectual Property Office may have a specialized institution for informatization designated pursuant to paragraph (1) charge the fees referred to in Article 8-2 (4) to persons who intend to use the information on industrial property rights. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(5) Detailed standards for securing an organization and personnel with exclusive responsibility as well as for determining a past record of performing business concerning the informatization of industrial property rights referred to in each subparagraph of paragraph (1), and matters necessary for the designation and operation of a specialized institution for informatization shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
[This Article Newly Inserted by Presidential Decree No. 22309, Jul. 26, 2010]
 Article 8-4 (Criteria for Administrative Dispositions against Specialized Institutions for Informatization)
(1) Where Article 9-2 (4) of the Act applies mutatis mutandis to the revocation of designation, or suspension of business, of a specialized institution for informatization, pursuant to Article 20-3 (3) of the Act, the criteria for taking administrative dispositions against the specialized institution for informatization shall be as specified in attached Table 2. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(2) Where the Commissioner of the Korean Intellectual Property Office revokes the designation of a specialized institution for informatization or suspends its business pursuant to Article 20-3 (3) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office without delay. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
[This Article Wholly Amended by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 8-5 (Fact-Finding Surveys on Industrial Property Rights-Related Activities)
(1) A fact-finding survey referred to in Article 20-6 (1) of the Act shall include the following matters related to universities, research institutes, enterprises, etc.:
1. Infrastructure for intellectual property activities;
2. Patent-based intellectual property activities;
3. Creation and utilization of intellectual property;
4. Protection of intellectual property;
5. Infringement of, and disputes over, intellectual property;
6. Any other matters deemed by the Commissioner of the Korean Intellectual Property Office necessary to ascertain the status of overall intellectual property activities which relate to industrial property rights and trade secrets defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as "trade secret").
(2) Where the Commissioner of the Korean Intellectual Property Office conducts a fact-finding survey under Article 20-6 (1) of the Act, he/she shall determine the standards for selecting survey candidates, and pre-notify them of a survey plan including the purport and details of the survey, deadline for responses, etc.
(3) To efficiently conduct a fact-finding survey referred to in Article 20-6 (1) of the Act, the Commissioner of the Korean Intellectual Property Office may use information and communications networks, e-mails, or other electronic means.
(4) "Institution or organization prescribed by Presidential Decree" in Article 20-6 (2) of the Act means any of the following institutions or organizations:
1. The Korea Institute of Intellectual Property referred to in Article 51 of the Act;
2. Any institution or organization deemed by the Commissioner of the Korean Intellectual Property Office to have expertise in research on intellectual property.
[This Article Wholly Amended by Presidential Decree No. 26647, Nov. 18, 2015]
 Article 8-6 (Research and Analysis of Statistics and Indicators of Industrial Property Rights)
(1) Statistics and indicators of industrial property rights subject to research and analysis under Article 20-8 (1) of the Act shall be as follows:
1. Statistics and indicators related to the creation, protection and utilization of industrial property rights;
2. Statistics and indicators related to trade of industrial property rights.
(2) Research on statistics and indicators of industrial property rights under Article 20-8 (1) of the Act shall be conducted by on-the-spot surveys, literature surveys, questionnaires, etc., and information and communications networks, e-mails, or other electronic means may be used for such research.
(3) "Data prescribed by Presidential Decree" in the former part of Article 20-8 (4) of the Act means data on payment and receipt of the prices for exports and imports of industrial property rights.
[This Article Newly Inserted by Presidential Decree No. 28093, Jun. 2, 2017]
 Article 8-7 (Business Activities of Regional Intellectual Property Centers)
A regional intellectual property center referred to in Article 23 (1) of the Act may engage in the business activities specified in Article 23 (2) of the Act, in association or cooperation with an agency with exclusive responsibility therefor designated pursuant to Article 16-4 (3) of the Framework Act on Science and Technology. <Amended by Presidential Decree No. 27230, Jun. 21, 2016>
[This Article Newly Inserted by Presidential Decree No. 27114, Apr. 28, 2016]
 Article 9 (Standards for Registration of Regional Intellectual Property Centers)
(1) A person who intends to file for registration of a regional intellectual property center pursuant to Article 23 (3) of the Act shall submit an application to the Commissioner of the Korean Intellectual Property Office, including the following documents (including electronic documents); and in such cases, the Commissioner of the Korean Intellectual Property Office shall verify the applicant’s corporation registration certificate (limited to corporations) or business registration by administrative data matching under Article 36 (1) of the Electronic Government Act; and where the applicant withholds consent on the verification of his/her business registration, the applicant shall directly attach the relevant document to the application: <Amended by Presidential Decree No. 21732, Sep. 15, 2009; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 26647, Nov. 18, 2015; Presidential Decree No. 28909, May 28, 2018>
1. A business plan;
2. Plans to raise and manage funds; and the status of the industries, research institutes, and educational institutions in the relevant region to which the regional intellectual property center will provide information;
3. The status of professional manpower and facilities secured.
(2) A person that intends to be registered as a regional intellectual property center shall satisfy each of the requirements specified in attached Table 5, pursuant to Article 23 (4) of the Act. <Amended by Presidential Decree No. 25120, Jan. 28, 2014>
(3) Upon registration of a regional intellectual property center, the Commissioner of the Korean Intellectual Property Office shall publicly notify such registration.
 Article 9-2 (Evaluation of Regional Intellectual Property Centers)
(1) The Commissioner of the Korean Intellectual Property Office shall publish guidelines for evaluation referred to in Article 23 (10) of the Act on the website of each regional intellectual property center. The same shall also apply to any amendment to such guidelines.
(2) The head of a regional intellectual property center shall submit documents required for the evaluation referred to in Article 23 (10) of the Act to the Commissioner of the Korean Intellectual Property Office, by January 31 of the year following the evaluation.
(3) The Commissioner of the Korean Intellectual Property Office shall notify the head of the relevant regional intellectual property center of evaluation findings, within one month after completion of such evaluation.
(4) Detailed standards for the evaluation guidelines referred to in paragraph (1) shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 9-3 (Criteria for Administrative Dispositions against Regional Intellectual Property Centers)
(1) The criteria for taking administrative dispositions against regional intellectual property centers under Article 24 (1) of the Act shall be as specified in attached Table 6.
(2) Where the Commissioner of the Korean Intellectual Property Office cancels the registration of a regional intellectual property center or suspends its business pursuant to Article 24 (1) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office without delay.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 9-4 (Criteria for Intellectual Property Management Certification for Small and Medium Enterprises)
(1) A small or medium enterprise, which intends to obtain intellectual property management certification under Article 24-2 (1) of the Act (hereinafter referred to as "certification") shall meet the certification criteria determined and publicly notified by the Commissioner of the Korean Intellectual Property Office in relation to points allocated to the following examination items:
1. Whether it has have an organization and manpower in charge of intellectual property;
2. Introduction and operation of the employee's invention system;
3. The share of industrial property rights, which were applied for in Korea and abroad, per employee;
4. The number of industrial property rights owned in Korea and abroad;
5. Any other examination items determined and publicly notified by the Commissioner of the Korean Intellectual Property Office, which are necessary to verify the creation, protection, and promotion of utilization, of industrial property rights.
(2) A small or medium enterprise intending to obtain certification pursuant to Article 24-2 (1) of the Act shall submit an application for intellectual property management certification for small and medium enterprises in attached Form 3-2 to the Commissioner of the Korean Intellectual Property Office, including the following documents:
1. A document verifying that the enterprise is a small or medium enterprise;
2. Financial statements in the last three years;
3. A document verifying that the enterprise has an organization and personnel in charge of intellectual property;
4. A document verifying that the enterprise has applied for, or owns, industrial property rights in Korea and abroad;
5. Any other documents verifying activities to create, protect, or utilize industrial property rights, which are prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
(3) Where the relevant enterprise meets the certification criteria referred to in paragraph (1) in the course of examination of an application submitted pursuant to paragraph (2), the Commissioner of the Korean Intellectual Property Office shall issue the applicant an intellectual property management certificate for small and medium enterprises in attached Form 3-3 (hereinafter referred to as "certificate").
(4) Where the relevant enterprise is found unfit for certification in the course of examination referred to in paragraph (3), the Commissioner of the Korean Intellectual Property Office shall notify the applicant of such fact without delay, specifying the reason for its unfitness.
(5) Where a person issued a certificate falls under any of the following cases, he/she shall submit an application for reissue of a certificate in attached Form 3-4 to the Commissioner of the Korean Intellectual Property Office, including any of the following documents, as relevant:
1. Where a certificate is lost: A written statement of the reason it was lost;
2. Where a certificate is worn out: The actual certificate;
3. Where any entry in a certificate is amended: A document verifying the amendment.
[This Article Newly Inserted by Presidential Decree No. 27114, Apr. 28, 2016]
 Article 9-5 (Validity Period of Certification)
(1) The validity period for certification shall be three years from the date the certification is granted.
(2) A person who intends to extent the validity period for certification shall apply for renewal of the validity period with the Commissioner of the Korean Intellectual Property Office, by submitting an application for intellectual property management certification for small and medium enterprises in attached Form 3-2 accompanied by the documents specified in each subparagraph of Article 9-4 (2), from 60 to 30 days before the expiration of the validity period.
(3) The Commissioner of the Korean Intellectual Property Office shall pre-inform the person who has obtained certification of the procedures for renewal of certification referred to in paragraph (2), 60 days before the expiration of the validity period for certification referred to in paragraph (1).
(4) Notice referred to in paragraph (3) may be given by mobile phone text message, by e-mail, facsimile, telephone, in writing, or other means.
(5) Where the Commissioner of the Korean Intellectual Property Office renews the validity period for certification, he/she shall issue a certificate.
[This Article Newly Inserted by Presidential Decree No. 27114, Apr. 28, 2016]
 Article 9-6 (Expenses Relating to Certification)
Expenses incurred in relation to certification referred to in Article 24-2 (6) of the Act shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office according to the following classifications:
1. Personnel expenses incurred in examination for certification;
2. Expenses incurred in taking a business trip for examination for certification.
[This Article Newly Inserted by Presidential Decree No. 27114, Apr. 28, 2016]
 Article 9-7 (Certification Mark)
The certification mark referred to in Article 24-2 (7) of the Act shall be as specified in attached Table 6-2.
[This Article Newly Inserted by Presidential Decree No. 27114, Apr. 28, 2016]
 Article 9-8 (Designation of Certifying Agencies)
(1) To facilitate certification-related affairs pursuant to Article 24-2 (7) of the Act, the Commissioner of the Korean Intellectual Property Office may designate a non-profit institution that satisfies each of the following requirements as a certifying agency:
1. The relevant institution shall have expertise in the field of intellectual property management for small and medium enterprises;
2. The relevant institution shall have personnel with exclusive responsibility for certification affairs;
3. The relevant institution shall have an educational system for personnel who take charge of examination for certification.
(2) Where the Commissioner of the Korean Intellectual Property Office designates a certifying agency pursuant to paragraph (1), he/she shall publicly notify the agency and publish it on the website of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 27114, Apr. 28, 2016]
 Article 9-9 (Business of Patent Counseling Center of Public Patent Attorneys)
(1) The scope of support for preparation of documents referred to in Article 26-2 (2) 1 of the Act, among business conducted by the patent counseling center of public patent attorneys established pursuant to Article 26-2 (1) of the Act (hereinafter referred to as "counseling center") shall be as follows: <Amended by Presidential Decree No. 28093, Jun. 2, 2017>
1. Assistance in preparing a description, written opinion, and amendment in connection with application of a patent or utility model;
2. Assistance in preparing a drawing, written opinion, and amendment in connection with application of design;
3. Assistance in preparing a written opinion, amendment, and written response to an objection in connection with application of a trademark;
4. Assistance in preparing a petition for trial, written opinion, and amendment in connection with a trial on an appeal against a decision rejecting the relevant application;
5. Assisting a patentee or utility model right holder in preparing his/her written opinion and documents related to his/her request for rectification, in connection with an application for revocation of a patent or an application for revocation of utility model registration.
(2) The scope of business conducted by the counseling center as an agent under Article 26-2 (2) 2 of the Act, among its business, shall be as follows: <Amended by Presidential Decree No. 26647, Nov. 18, 2015; Presidential Decree No. 28093, Jun. 2, 2017>
1. Acting as an agent for a patentee or utility model right holder in connection with a trial to confirm the scope of his/her rights, a trial for invalidation, and a trial for rectification;
2. Acting as an agent for a trademark right holder or design right holder in connection with a trial for invalidation;
3. Acting as an agent for a trademark right holder in connection with a trial to revoke trademark registration;
4. Acting as an agent in connection with a trial to confirm the scope of trade mark rights or design rights;
5. Acting as an agent in connection with litigation instituted to revoke the relevant trial ruling specified in subparagraphs 1 through 4.
(3) "Business prescribed by Presidential Decree that conforms to the purpose of operating the counseling center" in Article 26-2 (2) 6 of the Act means the following: <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
1. Providing technical or policy counseling in connection with a trade secret protection system;
2. Subsidizing civil litigation expenses for persons whose patent right, utility model right, design right, or trademark right has been infringed;
3. Subsidizing expenses incurred in relation to any trial or litigation specified in paragraph (2) 1 and 2.
[This Article Newly Inserted by Presidential Decree No. 22515, Dec. 7, 2010]
 Article 9-10 (Persons Eligible for Support by Counseling Center)
"Person prescribed by Presidential Decree" in Article 26-2 (3) 6 of the Act means any of the following persons: <Amended by Presidential Decree No. 23866, Jun. 21, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 24890, Dec. 4, 2013; Presidential Decree No. 25120, Jan. 28, 2014; Presidential Decree No. 26647, Nov. 18, 2015; Presidential Decree No. 27114, Apr. 28, 2016; Presidential Decree No. 27230, Jun. 21, 2016; Presidential Decree No. 28909, May 28, 2018>
1. A person between the ages of six and 19 years;
2. A medium enterprise defined in Article 2 (2) of the Framework Act on Small and Medium Enterprises, which is in a dispute over industrial property rights with a conglomerate (referring to an enterprise, other than small and medium enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises): Provided, That support for preparation of documents referred to in Article 9-9 (1) shall be excluded herefrom;
3. A person of distinguished service to the May 18 Democratization Movement referred to in Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement, and his/her bereaved family or family referred to in Article 5 of the same Act;
4. A patient suffering from actual aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants referred to in Article 3 of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organizations;
5. A person of distinguished service during a special military mission referred to in Article 3 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Military Missions and Establishment of Related Organizations, and his/her bereaved family or family referred to in Article 4 of the same Act;
6. A person who serves as a soldier or a social work personnel member referred to in Article 5 (1) 1 or 3 of the Military Service Act, or is seconded under Article 24 or 25 of the same Act;
7. A person of distinguished service to national independence registered pursuant to Article 6 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, and his/her bereaved family or family;
8. A war veteran registered pursuant to Article 5 of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations;
8-2. A multicultural family defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act;
8-3. A single-parent family defined in subparagraph 2 of Article 4 of the Single-Parent Family Support Act;
8-4. An aspiring or actual young business starter referred to in Article 4-2 (2) of the Support for Small and Medium Enterprise Establishment Act;
9. Any other person deemed by the Commissioner of the Korean Intellectual Property Office to need special support.
[This Article Newly Inserted by Presidential Decree No. 22515, Dec. 7, 2010]
 Article 9-11 (Outsourcing of Operation of Counseling Center)
"Corporation or organization prescribed by Presidential Decree, which has expertise in the field of industrial property rights" in Article 26-2 (5) of the Act means any of the following corporations or organizations: <Amended by Presidential Decree No. 28093, Jun. 2, 2017>
1. The Korea Invention Promotion Association;
2. The Korea Intellectual Property Protection Agency established with permission from the Commissioner of the Korean Intellectual Property Office under Article 32 of the Civil Act;
3. Any other corporation or organization which meets each of the standards for expertise in industrial property rights prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 22515, Dec. 7, 2010]
 Article 9-12 (Composition and Operation of Counseling Center)
(1) The counseling center shall have one head.
(2) The head of the counseling center shall represent the counseling center and exercise overall control over its affairs.
(3) The head of the counseling center shall be either a patent attorney under the Patent Attorney Act who has at least five years’ work experience; or a person qualified as a patent attorney who has served as at least a public official of Grade IV in the Korean Intellectual Property Office.
(4) The head of the counseling center shall formulate a business plan each year and implement it in compliance with the relevant regulations.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the composition and operation of the counseling center shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 22515, Dec. 7, 2010]
 Article 9-13 (Business Support Procedures)
(1) A person who intends to receive support for business referred to in Article 26-2 (2) of the Act shall file an application for support with the counseling center, including the following documents:
1. A document verifying that he/she falls under any subparagraph of Article 26-2 (3) of the Act;
2. A document describing the details of the relevant invention, if business is related to the invention;
3. Any other document verifying his/her claims.
(2) Upon receipt of an application under paragraph (1), the head of the counseling center shall determine whether to provide support, taking into account of the likelihood of registration, need for support, prospect of winning, etc.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for support by the counseling center shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 22515, Dec. 7, 2010]
 Article 10 (Use of Contributions)
(1) Where a specialized institution for informatization and a center for arranging patent technology commercialization referred to in Article 34 of the Act receives Government contributions pursuant to Articles 20-3 (5) and 34 (3) of the Act, respectively, the institution or center shall use the contributions only for expenses incurred in connection with the establishment, operation or business of the specialized institution for informatization and expenses incurred in connection with arrangement of industrial property rights, respectively, as prescribed by Commissioner of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(2) Upon receipt of contributions under paragraph (1), the specialized institution for informatization and the center for arranging patent technology commercialization shall establish a separate account to manage the contributions. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(3) The specialized institution for informatization and the center for arranging patent technology commercialization shall prepare results of appropriation of the expenses referred to in paragraph (1) as prescribed by the Commissioner of the Korean Intellectual Property Office, and report the results to the Commissioner of the Korean Intellectual Property Office by the end of March of the following year. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
 Article 11 (Reducing Expenses for Application or Registration)
(1) When the Commissioner of the Korean Intellectual Property Office takes measures to reduce expenses for filing applications or filing for registration pursuant to Article 27 (1) of the Act, he/she shall comply with the Ordinance of the Ministry of Trade, Industry and Energy which stipulates patent fees, registration fees, and other fees under the Patent Act, the Utility Model Act, the Design Protection Act, and the Trademark Act. <Amended by Presidential Decree No. 20729, Feb. 29, 2008; Presidential Decree No. 24439, Mar. 23, 2013>
(2) "Small enterprises not exceeding than the size specified by Presidential Decree" in Article 27 (2) of the Act means small enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises.
 Article 12 (Designation of Evaluation Institutes)
(1) A person that intends to be designated as an institute for evaluation of inventions (hereinafter referred to as "evaluation institute") pursuant to Article 28 (1) of the Act shall submit an application for designation of an evaluation institute in attached Form 3-5, to the Commissioner of the Korean Intellectual Property Office, including materials (including electronic documents) verifying the matters specified in each subparagraph of paragraph (2) and a business plan. In such cases, the Commissioner of the Korean Intellectual Property Office shall verify the applicant’s corporation registration certificate (limited to corporations) or business registration by administrative data matching under Article 36 (1) of the Electronic Government Act; and where the applicant withholds consent on the verification of his/her business registration, the applicant shall directly attach the relevant document to the application. <Amended by Presidential Decree No. 21732, Sep. 15, 2009; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 28909, May 28, 2018>
(2) Anyone intending to be designated as an evaluation institute pursuant to Article 28 (1) of the Act shall meet all of the following requirements: <Amended by Presidential Decree No. 22515, Dec. 7, 2010; Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 28909, May 28, 2018>
1. All of the following professionals capable of evaluating inventions shall be employed full-time:
(a) At least three persons who are qualified as a patent attorney, an accountant, or a professional engineer; or who hold a doctorate in any relevant field;
(b) At least seven persons who have engaged in a field related to evaluating inventions for at least five years;
2. A group exclusively dedicated to evaluating inventions shall be installed;
3. Evaluation facilities, equipment, etc. necessary for evaluating inventions shall be furnished.
(3) Where the Commissioner of the Korean Intellectual Property Office designates an evaluation institute, he/she shall publicly notify such designation.
(4) Where the Commissioner of the Korean Intellectual Property Office consults with the head of an evaluation institute over evaluation fees pursuant to Article 28 (5) 2 of the Act, they shall take into account of technology subject to evaluation, the scope and period of evaluation, and other matters.
(5) No evaluation institute shall publicly disclose evaluation results without consent from the applicant for evaluation pursuant to Article 28 (3) of the Act: Provided, That evaluation results may be publicly disclosed after consultation with the Commissioner of the Korean Intellectual Property Office, if necessary for the public interests.
(6) Where the Commissioner of the Korean Intellectual Property Office makes a request in relation to either of the following matters, the relevant evaluation institute shall comply with such request, except in extenuating circumstances:
1. Participating in joint evaluation, if multiple evaluation institutes conduct evaluations simultaneously;
2. Providing evaluation personnel and facilities necessary for joint evaluation.
(7) Except as otherwise provided for in paragraphs (1) through (6), matters necessary for designating and operating evaluation institutes, such as the detailed requirements for designation of evaluation institutes, shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted by Presidential Decree No. 28909, May 28, 2018>
 Article 13 (Matters Necessary for Evaluation of Inventions)
"Matters specified by Presidential Decree" in subparagraph 4 of Article 29 of the Act means any of the following matters:
1. Development and dissemination of techniques to evaluate inventions;
2. Development and dissemination of teaching materials relating to the evaluation of inventions;
3. Holding academic conferences on the evaluation of inventions in Korea and abroad;
4. Establishment and operation of a database on information on the evaluation of inventions;
5. Any other matters deemed by the Commissioner of the Korean Intellectual Property Office necessary to establish a foundation for the evaluation of inventions.
 Article 14 (Criteria for Administrative Dispositions against Evaluation Institutes)
(1) The criteria for taking administrative dispositions against evaluation institutes under Article 31 (1) of the Act shall be as specified in attached Table 7.
(2) Where the Commissioner of the Korean Intellectual Property Office revokes the designation of an evaluation institute or suspends its business pursuant to Article 31 (1) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office without delay.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Articles 15 through 17 Deleted. <by Presidential Decree No. 21732, Sep. 15, 2009>
 Article 18 (Centers for Arranging Patent Technology Commercialization)
(1) An institution or organization that establishes a center for arranging patent technology commercialization pursuant to Article 34 (1) shall be an institution or organization publicly notified by the Commissioner of the Korean Intellectual Property Office, among the following corporations: <Amended by Presidential Decree No. 21461, Apr. 30, 2009; Presidential Decree No. 22309, Jul. 26, 2010>
1. The Korea Invention Promotion Association;
2. The Korea Institute for Advancement of Technology referred to in Article 38 of the Industrial Technology Innovation Promotion Act;
3. A corporation among the following institutions or organizations:
(a) A regional intellectual property center registered pursuant to Article 23 (3) of the Act;
(b) An institute for evaluation of inventions designated pursuant to Article 28 (1) of the Act;
(c) A technology trading agency designated pursuant to Article 10 (1) of the Technology Transfer and Commercialization Promotion Act.
(2) A center for arranging patent technology commercialization shall have one head, who is determined by the articles of incorporation of an institution or organization that has established such center, among executives of such institution or organization.
(3) An institution or organization that has established a center arranging patent technology commercialization shall report the center’s business performance to the Commissioner of the Korean Intellectual Property Office, by the end of March the following year.
(4) Except as otherwise provided for in paragraphs (2) and (3), the composition and operation of a center for arranging patent technology commercialization and other necessary matters shall be prescribed by the articles of incorporation of an institution or organization that has established such center.
 Article 19 (Designation of Institutions for Examination of Industrial Property Rights)
(1) A person that intends to be designated as an institution for examination of industrial property rights pursuant to Article 36 (1) of the Act shall submit an application to the Commissioner of the Korean Intellectual Property Office, attaching materials (including electronic documents) verifying the matters specified in paragraph (2). In such cases, the Commissioner of the Korean Intellectual Property Office shall verify the applicant’s corporation registration certificate (limited to corporations) or business registration by administrative data matching under Article 36 (1) of the Electronic Government Act; and where the applicant withholds consent on the verification of his/her business registration, the applicant shall directly attach the relevant document to the application. <Amended by Presidential Decree No. 21732, Sep. 15, 2009; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 28909, May 28, 2018>
(2) "Professionals and facilities prescribed by Presidential Decree" in Article 36 (2) of the Act means any of the following personnel and facilities: <Amended by Presidential Decree No. 26647, Nov. 18, 2015; Presidential Decree No. 27751, Dec. 30, 2016>
1. Personnel with expertise required to conduct examinations in the fields of electricity, electronics, machinery, metal, chemistry, life sciences, and information and communications;
2. A security system for facilities, equipment, etc. relating to the duties specified in each subparagraph of paragraph (4), an exclusive business space, and other facilities.
(3) Where the Commissioner of the Korean Intellectual Property Office designates an institution for examination of industrial property rights, he/she shall publicly notify such designation.
(4) The Commissioner of the Korean Intellectual Property Office may establish an institution for examination of industrial property rights to perform the following duties: <Newly Inserted by Presidential Decree No. 26647, Nov. 18, 2015>
1. Identifying promising future technologies through analysis of patents;
2. Surveys on patent trends at the research and planning stages;
3. Supporting the creation of patents in the process of research and development;
4. Research, analysis, and examination of patent performance of national research and development;
5. Establishing infrastructure to facilitate examination of industrial property rights;
6. Developing techniques for examination of industrial property rights, and implementing education to train manpower;
7. Any other duties deemed by the Commissioner of the Korean Intellectual Property Office necessary to facilitate examination of industrial property rights.
(5) Detailed standards for the personnel and facilities referred to in paragraph (2) and any other matters necessary for designating an institution for examination of industrial property rights shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted by Presidential Decree No. 26647, Nov. 18, 2015>
 Article 19-2 (Criteria for Administrative Dispositions against Institutions for Examination of Industrial Property Rights)
(1) The criteria for taking administrative dispositions against institutions for examination of industrial property rights under Article 37 (1) of the Act shall be as specified in attached Table 8.
(2) Where the Commissioner of the Korean Intellectual Property Office revokes the designation of an institution for examination of industrial property rights or suspends its business pursuant to Article 37 (1) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office without delay.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 19-3 (Recognition of Public Interests of Inventions)
(1) A person who intends to obtain recognition of the public interests of an invention to receive support for publicity for such invention pursuant to subparagraph 2 of Article 39-2 of the Act shall file an application with the Commissioner of the Korean Intellectual Property Office, including the following documents:
1. A description of patent technology;
2. A patent technology commercialization plan, or the past performance of patent technology commercialization;
3. Any other documents verifying that the relevant invention advances public interests, such as preventing criminal harms and enhancing occupational safety.
(2) Upon receipt of an application under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall examine whether to recognize the public interests of the relevant invention to support publicity therefor, and notify the relevant applicant of the results of the examination within five months from the date of application.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for recognizing the public interests of inventions to support publicity therefor shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 28093, Jun. 2, 2017]
 Article 19-4 (Establishment and Implementation of Fostering Policies)
(1) Where the Commissioner of the Korean Intellectual Property Office formulates polices necessary to foster the industrial property rights service industry (hereinafter referred to as "fostering policies") pursuant to Article 40-2 (1) of the Act, he/she shall notify the heads of relevant central administrative agencies of the details thereof.
(2) Where necessary to formulate and implement fostering policies, the Commissioner of the Korean Intellectual Property Office may request the heads of relevant central administrative agencies to provide cooperation.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 19-5 (Criteria for Designating Specialized Institutions for Industrial Property Rights Service Industry)
(1) The Commissioner of the Korean Intellectual Property Office may designate an institution or organization satisfying each of the following requirements as a specialized institution or organization which conducts, on its behalf, business activities to enhance competitiveness of the industrial property rights service industry referred to in Article 40-3 (2) of the Act (hereinafter referred to as "specialized institution for services"):
1. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
2. It shall have at least two personnel with exclusive responsibility, who have engaged in the business activities specified in any subparagraph of Article 40-3 (1) of the Act or have any other similar experience;
3. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
4. It shall have a security system for facilities, equipment, etc. which relate to the business activities specified in each subparagraph of Article 40-3 (1) of the Act.
(2) A person that intends to be designated as a specialized institution for services shall submit an application for designation as a specialized institution for services in attached Form 4 to the Commissioner of the Korean Intellectual Property Office, including a document verifying that the person satisfies each of the requirements specified in each subparagraph of paragraph (1).
(3) Upon receipt of documents filed under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall issue a certificate of designation of a specialized institution for services in attached Form 5, if the relevant person is deemed appropriate to be designated as a specialized institution for services. In such cases, the Commissioner of the Korean Intellectual Property Office shall publish the designation of the specialized institution for services on the website of the Korean Intellectual Property Office without delay.
(4) Detailed criteria for personnel with exclusive responsibility and the security system referred to in each subparagraph of paragraph (1) and any other matters necessary for the designation and operation of specialized institutions for services shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 19-6 (Criteria for Administrative Dispositions against Specialized Institutions for Industrial Property Rights Service Industry)
(1) Where Article 9-2 (4) of the Act applies mutatis mutandis to the revocation of designation, or suspension of business, of a specialized institution or organization pursuant to Article 40-3 (4) of the Act, the criteria for taking administrative dispositions against specialized institutions for services shall be as specified in attached Table 9.
(2) Where the Commissioner of the Korean Intellectual Property Office revokes the designation of a specialized institution for services or suspends its business pursuant to Article 40-3 (4) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office without delay.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 19-7 (Period and Method of Conducting Fact-Finding Surveys on Industrial Property Rights Service Industry)
(1) A fact-finding survey referred to in Article 40-5 (1) of the Act (hereafter referred to as "fact-finding survey on industrial property rights service industry" in this Article and Article 19-8) shall be conducted as follows: <Amended by Presidential Decree No. 26647, Nov. 18, 2015; Presidential Decree No. 28093, Jun. 2, 2017>
1. Regular survey: A survey conducted three-yearly by the Commissioner of the Korean Intellectual Property Office for findings to formulate and implement plans and policies to foster the industrial property rights service industry;
2. Irregular survey: A survey occasionally conducted by the Commissioner of the Korean Intellectual Property Office to formulate fostering policies.
(2) Where the Commissioner of the Korean Intellectual Property Office conducts a fact-finding survey on the industrial property rights service industry, he/she shall determine the standards for selecting survey candidates, and notify such persons of a survey plan containing the date and time, purport, details, etc. of the survey, 15 days before the date of the survey. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(3) To efficiently conduct a fact-finding survey on the industrial property rights service industry, the Commissioner of the Korean Intellectual Property Office may use information and communications networks, e-mails, or other electronic means. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(4) Items for a fact-finding survey on the industrial property rights service industry shall be as follows: <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
1. The status of the market for the industrial property rights service industry;
2. Sales, exports, and imports of the industrial property rights service industry;
3. The status of manpower relating to the industrial property rights service industry, and the actual conditions of demand for, and supply of, such manpower;
4. International trends relating to the industrial property rights service industry;
5. Any other matters deemed by the Commissioner of the Korean Intellectual Property Office necessary to formulate and implement policies to foster the industrial property rights service industry.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 19-8 (Request for Submission of Data for Fact-Finding Surveys on Industrial Property Rights Service Industry)
Data that the Commissioner of the Korean Intellectual Property Office may request an industrial property rights service business entity to submit under the former part of Article 40-5 (2) of the Act shall be data on the matters specified in each subparagraph of Article 19-7 (4). <Amended by Presidential Decree No. 28093, Jun. 2, 2017>
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 19-9 (Criteria for Designating Specialized Companies for Industrial Property Rights Services)
(1) "Company that satisfies the standards for human resources, facilities, etc. prescribed by Presidential Decree" in Article 40-7 (1) of the Act means a company that satisfies each of the following standards:
1. It shall have at least two personnel with exclusive responsibility, who have engaged in industrial property rights services referred to in Article 40-7 (1) of the Act (hereafter referred to as "industrial property rights services" in this Article) or in any other similar business;
2. Deleted; <by Presidential Decree No. 28471, Dec. 12, 2017>
3. It shall have a security system for facilities, equipment, etc. related to industrial property rights services.
(2) A person that intends to be designated as a specialized company referred to in Article 40-7 (1) of the Act (hereinafter referred to as "specialized company") shall submit an application for designation of a specialized company in attached Form 5-2 to the Commissioner of the Korean Intellectual Property Office, including a document verifying that the person satisfies the standards referred to in each subparagraph of paragraph (1). In such cases, the Commissioner of the Korean Intellectual Property Office shall verify a certificate of matters recorded in the relevant corporation register book, by administrative data matching under Article 36 (1) of the Electronic Government Act.
(3) Upon receipt of an application under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall issue a certificate of designation of a specialized company in attached Form 5-3, if the relevant person is deemed appropriate to be designated as a specialized company.
(4) The Commissioner of the Korean Intellectual Property Office shall announce the issuance of a certificate of designation under paragraph (3) on the website of the Korean Intellectual Property Office.
(5) Matters necessary for securing personnel with exclusive responsibility and a security system referred to in each subparagraph of paragraph (1), the designation of specialized companies, and other matters shall be prescribed and publicly notified by Commissioner of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 28471, Dec. 12, 2017>
[This Article Newly Inserted by Presidential Decree No. 26647, Nov. 18, 2015]
 Article 19-10 (Revocation of Designation of Specialized Companies)
(1) Where a person designated as a specialized company falls under Article 40-7 (2) 2 or 3 of the Act, the Commissioner of the Korean Intellectual Property Office shall issue an order to rectify the relevant act within a given period of at least one month; and may revoke the designation if the person fails to rectify it during the period.
(2) Where the Commissioner of the Korean Intellectual Property Office revokes the designation of a specialized company pursuant to Article 40-7 (2) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 26647, Nov. 18, 2015]
 Article 20 (Duties of Chairperson of Committee for Mediation of Disputes over Industrial Property Rights)
(1) The chairperson of the committee for mediation of disputes over industrial property rights referred to in Article 41 of the Act (hereinafter referred to as the "Committee") shall represent the Committee and preside over the affairs of the Committee. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
(2) Where the chairperson of the Committee (hereinafter referred to as the "Chairperson") is unable to perform his/her duties due to extenuating circumstances, a member for mediation (hereinafter referred to as "mediator") pre-designated by the Chairperson shall act on behalf of the Chairperson. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
 Article 21 (Operation of Committee)
(1) The Chairperson shall convene and preside over the meetings. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
(2) Meetings of the Committee shall be held with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the concurrent votes of a majority of the members present. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
(3) No mediator of the Committee shall participate in deliberation on, or mediation of, an agenda item in which he/she has an interest. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
 Article 22 (Mediation Procedures)
(1) A person who intends to file an application for mediation of a dispute pursuant to Article 43 (1) of the Act shall submit an application for mediation prescribed by the Committee to the Committee. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
(2) Where the application for mediation referred to in paragraph (1) is deemed to require supplementary corrections, the Chairperson shall require the applicant to make supplementary corrections thereto within a reasonable time. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(3) Where the application for mediation referred to in paragraph (1) meets the relevant requirements, the Chairperson shall dispatch a copy of the application to the respondent, who is the other party to the relevant dispute. <Newly Inserted by Presidential Decree No. 26647, Nov. 18, 2015>
(4) The respondent shall submit a written reply to the Committee within 20 days after receipt of the copy of the application for mediation referred to in paragraph (2): Provided, that the respondent may do so within 30 days thereafter, if he/she is not domiciled or has no place of business in the Republic of Korea. <Newly Inserted by Presidential Decree No. 26647, Nov. 18, 2015>
(5) Where the Committee requires a party, his/her agent, or any interested person to appear pursuant to Article 45 (1) of the Act, it shall give written notice to him/her of the ground for requesting a statement of opinion, the time, venue, etc. thereof, seven days before the date the relevant meeting is held. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(6) Notice referred to in paragraph (5) shall state that if the relevant person fails to comply with the request to appear without justifiable grounds, he/she will be deemed to have withdrawn from a statement of opinion. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(7) Upon receipt of notice under paragraph (5), the party, his/her agent, or any interested person may appear at a designated time and place to state his/her opinion or to submit a written opinion. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
(8) The Committee may prepare and present a proposal of mediation to the parties and recommend them to accept the proposal. <Amended by Presidential Decree No. 26647, Nov. 18, 2015>
 Article 23 (Separation or Combination of Mediation Cases)
(1) If deemed necessary, the Committee may deliberate on relevant medication cases by separating, or combining the cases. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
(2) Where the Committee has determined to deliberate on medication cases by separating, or combining them pursuant to paragraph (1), the Chairperson shall give written notice to both parties of such fact without delay. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
 Article 23-2 (Refusal and Suspension of Mediation)
"Cases prescribed by Presidential Decree" in Article 46-2 (1) 3 of the Act means the following cases:
1. Where the applicant receives a request for supplementary corrections under Article 22 (2) but fails to make supplementary corrections by deadline without justifiable grounds;
2. Where the respondent fails to submit a written reply by deadline for submission referred to in Article 22 (4);
3. Where it is impossible to undergo mediation procedures due to unknown whereabouts of, or loss of contact with, a party, etc.;
4. Where the applicant applies for mediation of the same case for the same purpose at least twice;
5. Where the Committee deems that the subject-matter of an application is inappropriate for mediation.
[This Article Wholly Amended by Presidential Decree No. 26647, Nov. 18, 2015]
 Article 24 (Secretary of Committee)
To manage the affairs of the Committee, the Committee shall have one secretary, who shall be appointed by the Commissioner of the Korean Intellectual Property Office from among public officials of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
 Article 25 (Allowances)
Allowances may be paid to any member who attends a Committee meeting, within budgetary limits: Provided, That the same shall not apply where a member, who is a public official, attends the meeting in direct relation to his/her affairs. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
 Article 26 (Detailed Operation Rules)
Except as otherwise provided for in this Decree, matters necessary for the operation of the Committee shall be determined by the Committee. <Amended by Presidential Decree No. 22515, Dec. 7, 2010>
 Article 27 (Protection of Industrial Property Rights)
(1) The Commissioner of the Korean Intellectual Property Office may conduct any of the following business activities as programs to protect industrial property rights referred to in Article 50-2 (1) of the Act:
1. Research, education, public relations, and fact-finding surveys to protect industrial property rights;
2. Counseling and legal advice in relation to application for, and registration of, and disputes over, industrial property rights in Korea and abroad;
3. Assistance in responding to disputes over industrial property rights in Korea and abroad;
4. Surveys, research, and assistance to prevent disputes over industrial property rights in Korea and abroad;
5. Establishing and operating an information management system to prevent any infringement of industrial property rights and protect such rights;
6. Subsidizing insurance related to disputes over industrial property rights;
7. International cooperation to protect industrial property rights;
8. Any other business activities deemed by the Commissioner of the Korean Intellectual Property Office necessary to protect industrial property rights.
(2) Deleted. <by Presidential Decree No. 25120, Jan. 28, 2014>
[This Article Newly Inserted by Presidential Decree No. 22309, Jul. 26, 2010]
 Article 28 (Criteria for Designating Specialized Institutions for Protection of Industrial Property Rights)
(1) The Commissioner of the Korean Intellectual Property Office may designate an institution or organization satisfying each of the following requirements as an institution or organization that vicariously implements programs to protect industrial property rights under Article 50-2 (2) of the Act (hereinafter referred to as "specialized institution for protection"): <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. It shall have computation equipment, including a database, necessary for implementing programs to protect industrial property rights;
2. It shall have at least one person with exclusive responsibility, who has implemented programs to protect industrial property rights or has any other similar experience;
3. It shall have a security system for facilities, equipment, etc. related to programs to protect industrial property rights.
(2) A person that intends to be designated as a specialized institution for protection shall submit an application for designation of a specialized institution in attached Form 6 to the Commissioner of the Korean Intellectual Property Office, including a document verifying that the person satisfies the requirements specified in each subparagraph of paragraph (1).
(3) Upon receipt of documents under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall issue a certificate of designation of a specialized institution for protection in attached Form 7, if the relevant person is deemed appropriate to be designated as a specialized institution for protection. In such cases, the Commissioner of the Korean Intellectual Property Office shall publish the designation of the specialized institution for protection on the website of the Korean Intellectual Property Office without delay.
(4) Detailed criteria for computation equipment, personnel with exclusive responsibility and the security system referred to in each subparagraph of paragraph (1) and any other matters necessary for the designation and operation of specialized institutions for protection shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 28-2 (Criteria for Administrative Dispositions against Specialized Institutions for Protection)
(1) Where Article 9-2 (4) of the Act applies mutatis mutandis to the revocation of designation, or suspension of business, of a specialized institution or organization pursuant to Article 50-2 (4) of the Act, the criteria for taking administrative dispositions against specialized institutions for protection shall be as specified in attached Table 10.
(2) Where the Commissioner of the Korean Intellectual Property Office revokes the designation of a specialized institution for protection or suspends its business pursuant to Article 50-2 (4) of the Act, he/she shall publish such fact on the website of the Korean Intellectual Property Office without delay.
[This Article Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014]
 Article 28-3 (Operation of Mutual Aid Business Related to Intellectual Property Rights)
(1) Details of the mutual aid business managed and operated by the Commissioner of the Korean Intellectual Property Office pursuant to Article 50-4 of the Act (hereinafter referred to as "mutual aid business for patents") shall be as follows:
1. Extending a loan for expenses incurred in filing an international application for industrial property rights, expenses, etc. incurred in filing a lawsuit related to intellectual property rights in Korea and abroad, to enterprises joining the mutual aid business for patents;
2. Providing consultation or information on the intellectual property field, to enterprises joining the mutual aid business for patents;
3. A business incidental to the business specified in subparagraph 1 or 2.
(2) Details of the mutual aid business for patents specified in each subparagraph of paragraph (1) as well as details necessary for the method, procedures, etc. for operating such business shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 28909, May 28, 2018]
 Article 28-4 (Entrustment of Mutual Aid Business for Patents and Fundraising)
(1) "Agency or organization prescribed by Presidential Decree" in Article 50-5 (1) 2 of the Act means any of the following agencies or organizations: <Amended by Presidential Decree No. 29748, May 7, 2019>
1. The Korea Invention Promotion Association;
2. The Korea Technology Finance Corporation established under the Korea Technology Finance Corporation Act;
3. Any other agency or organization deemed by the Commissioner of the Korean Intellectual Property Office to have professional manpower and an organization with exclusive responsibility necessary for executing the mutual aid business for patents.
(2) "Finances prescribed by Presidential Decree" in Article 50-5 (2) 4 of the Act means any of the following finances:
1. Deposits by enterprises, intellectual property-related institutions or organizations, or by any other persons;
2. Borrowings for the mutual aid business for patents;
3. Proceeds and any other income.
(3) Any agency or organization entrusted with the mutual aid business for patents under Article 50-5 (1) of the Act (hereinafter referred to as "entrusted agency") shall set up and operate an account for the mutual aid business for patents to efficiently operate the mutual aid business for patents. <Newly Inserted by Presidential Decree No. 29748, May 7, 2019>
[This Article Newly Inserted by Presidential Decree No. 28909, May 28, 2018]
 Article 28-5 (Supervision of Mutual Aid Business for Patents)
(1) The Commissioner of the Korean Intellectual Property Office shall supervise the following matters in relation to an entrusted agency: <Amended by Presidential Decree No. 29748, May 7, 2019>
1. A mutual aid business plan for patents, budgets, and the settlement of accounts;
1-2. Matters concerning operation of an account for the mutual aid business for patents;
2. Its structure and organization;
3. Any other matters concerning the mutual aid business for patents entrusted by the Commissioner of the Korean Intellectual Property Office.
(2) An entrusted agency shall obtain approval from the Commissioner of the Korean Intellectual Property Office in relation to its mutual aid business plans for patents and budgets.
(3) To supervise the mutual aid business for patents, the Commissioner of the Korean Intellectual Property Office may require an entrusted agency to report on the matters specified in any subparagraph of paragraph (1) and to submit necessary data.
[This Article Newly Inserted by Presidential Decree No. 28909, May 28, 2018]
 Article 29 (Entrustment of Business Affairs)
(1) The Commissioner of the Korean Intellectual Property Office shall entrust any of the following affairs to the Korea Invention Promotion Association, pursuant to Article 56 (2) of the Act: <Amended by Presidential Decree No. 25120, Jan. 28, 2014; Presidential Decree No. 26647, Nov. 18, 2015; Presidential Decree No. 28093, Jun. 2, 2017>
1. Holding events for encouraging invention under subparagraph 1 of Article 6 of the Act;
2. Holding exhibitions for outstanding inventions, and assisting outstanding inventors in participating in overseas exhibitions under subparagraph 3 of Article 6 of the Act;
3. Providing education and training on invention and industrial property rights under subparagraph 5 of Article 6 of the Act;
4. Selecting outstanding companies in the employee's invention compensation system under Article 11-2 of the Act;
5. Providing support for publicity for outstanding inventions under Article 39-2 of the Act.
(2) Pursuant to Article 56 (2) of the Act, the Commissioner of the Korean Intellectual Property Office may entrust any of the following affairs to an association relating to the industrial property rights service industry referred to in Article 40-6 (1) of the Act: <Newly Inserted by Presidential Decree No. 25120, Jan. 28, 2014>
1. Facilitating utilization of the industrial property rights service industry and supporting business start-up under each subparagraph of Article 40-4 of the Act;
2. Conducting fact-finding surveys under Article 40-5 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23866, Jun. 21, 2012]
 Article 29-2 (Re-Examination of Regulation)
(1) The Commissioner of the Korean Intellectual Property Office shall examine the appropriateness of the following matters every three years (this means periods that end the day before every third anniversary from the base date), counting from the following relevant base date; and shall take measures, such as making improvements: <Amended by Presidential Decree No. 28471, Dec. 12, 2017>
1. The registration requirements and application procedures for regional intellectual property centers referred to in Article 9 and attached Table 5: January 1, 2014;
2. The criteria for designating specialized companies for industrial property rights services and application procedures for such companies referred to in Article 19-9: January 1, 2018;
3. The criteria for administrative dispositions against specialized companies referred to in Article 19-10: January 1, 2018.
(2) The Commissioner of the Korean Intellectual Property Office shall examine the appropriateness of the following matters every two years, counting from each base date specified in the following subparagraphs (referring to the period every second anniversary before the base date) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 26647, Nov. 18, 2015; Presidential Decree No. 28093, Jun. 2, 2017>
1. The requirements for designation of, and procedures for applying for, a specialized institution for research notes referred to in Article 6-4: January 1, 2015;
2. The criteria for taking administrative dispositions against specialized institutions for research notes referred to in Article 6-5 and attached Table 1: January 1, 2015;
3. Deleted; <by Presidential Decree No. 29421, Dec. 24, 2018>
4. Deleted; <by Presidential Decree No. 28471, Dec. 12, 2017>
5. Deleted; <by Presidential Decree No. 29421, Dec. 24, 2018>
6. Deleted; <by Presidential Decree No. 26647, Nov. 18, 2015>
7. Deleted; <by Presidential Decree No. 29421, Dec. 24, 2018>
8. The criteria for designating evaluation institutes, and documents to be submitted under Article 12: January 1, 2015;
9. through 13. Deleted; <by Presidential Decree No. 29421, Dec. 24, 2018>
13-2. and 13-3. Deleted; <by Presidential Decree No. 28471, Dec. 12, 2017>
14. and 15. Deleted; <by Presidential Decree No. 29421, Dec. 24, 2018>
16. Deleted. <by Presidential Decree No. 26647, Nov. 18, 2015>
[This Article Wholly Amended by Presidential Decree No. 25840, Dec. 9, 2014]
 Article 30 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 60 of the Act shall be as specified in attached Table 11. <Amended by Presidential Decree No. 25120, Jan. 28, 2014>
[This Article Newly Inserted by Presidential Decree No. 23866, Jun. 21, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship with Other Statutes or Regulations)
A citation of any provisions of the previous Enforcement Decree of the Invention Promotion Act, in any statute or regulation as at the time this Decree enters into force shall be deemed a citation of the corresponding provisions of this Decree in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 20729, Feb. 29, 2008>
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. 21461, Apr. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2009.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21732, Sep. 15, 2009>
This Decree shall enter into force on September 19, 2009.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22309, Jul. 26, 2010>
This Decree shall enter into force on July 28, 2010.
ADDENDUM <Presidential Decree No. 22515, Dec. 7, 2010>
This Decree shall enter into force on December 9, 2010.
ADDENDA <Presidential Decree No. 23169, Sep. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2011. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23866, Jun. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Persons Eligible for Support by Counseling Center)
Notwithstanding the amended provisions of subparagraph 1 of Article 9-3, the previous provisions shall apply to persons who applied for support for business under Article 9-6 (1), before this Decree enters into force.
Article 3 (Transitional Measures concerning Administrative Fines)
(1) The previous provisions shall apply to the criteria for imposing administrative fines for violations committed before this Decree enters into force.
(2) The disposition to impose an administrative fine on any violation committed before this Decree enters into force shall not be included in the number of violations referred to in the amended provisions of attached Table 3.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
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. 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.
ADDENDUM <Presidential Decree No. 24753, Sep. 17, 2013>
This Decree shall enter into force on September 23, 2013.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
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. 25120, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2014.
Article 2 (Transitional Measures concerning Specialized Institutions for Protection)
A specialized institution or organization referred to in the previous provisions of Article 27 (2) 1 through 6 as at the time this Decree enters into force shall be deemed a specialized institution for protection designated under the amended provisions of Article 28 (1): Provided, That such institution or organization shall meet the criteria for designating specialized institutions for protection referred to in the amended provisions of Article 28 (2) until July 30, 2014.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 25495, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 4 Omitted.
Article 5 (Transitional Measures concerning Amendment of the Enforcement Decree of the Invention Promotion Act)
The previous provisions shall apply to administrative dispositions taken against violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Tables 1, 2, and 6 through 10 of the Enforcement Decree of the Invention Promotion Act.
Articles 6 through 16 Omitted.
ADDENDA <Presidential Decree No. 26647, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015.
Article 2 (Applicability to Submission of Written Reply by Respondents)
The amended provisions of Article 22 (4) shall begin to apply from where a respondent receives a copy of an application for mediation after this Decree enters into force.
ADDENDA <Presidential Decree No. 27114, Apr. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Professional Manpower of Regional Intellectual Property Centers)
Professional manpower of a regional intellectual property center, which satisfied the requirements for professional manpower specified in the previous provisions of subparagraph 2 of attached Table 5, and was therefore registered as such before this Decree enters into force shall be deemed to satisfy the requirements for professional manpower for the period during which such manpower is employed by the regional intellectual property center, notwithstanding the amended provisions of subparagraph 2 of attached Table 5.
ADDENDA <Presidential Decree No. 27230, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28093, Jun. 2, 2017>
This Decree shall enter into force on June 3, 2017: Provided, That the amended provisions of Articles 8-6 and 8-7 shall enter into force on September 22, 2017.
ADDENDA <Presidential Decree No. 28292, Sep. 15, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 15, 2017.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28909, May 28, 2018>
This Decree shall enter into force on May 29, 2018.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29748, May 7, 2019>
This Decree shall enter into force on the date of its promulgation.