ACT ON THE PROMOTION OF AND SUPPORT FOR INVENTION EDUCATION
Act No. 14590, Mar. 14, 2017
Amended by Act No. 18298, Jul. 20, 2021
Act No. 18887, jun. 10, 2022
The purpose of this Act is to prescribe matters necessary to promote and support invention education, and thus contribute to developing the State and communities by enhancing citizens’ knowledge of invention, capability for exploration, and creativity and deepening the understanding of industrial property rights. <Amended on Jun. 10, 2022>
The terms used in this Act are defined as follows: <Amended on Jun. 10, 2022>
| 2. | The term “invention education” means all forms of education to develop creative problem-solving capability and the ability to think; to boost motivation to invent in order to make invention a way of life; and to help build the capability to claim rights to one's invention; |
| Article 3 (Relationship to Other Act) |
This Act shall apply to promote and support invention education, except as otherwise provided in other Acts.
| Article 3-2 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate and implement policies to promote invention education. |
| (2) | A local government shall formulate and implement policies for each region in consideration of the policies pursued by the State and regional characteristics. In such cases, matters necessary to formulate and implement such policies shall be prescribed by municipal ordinance. |
| (3) | The heads of schools at various levels shall endeavor to promote invention education within the extent suitable for the educational conditions of the relevant schools. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 4 (Formulation and Execution of Master Plans and Implementation Plans for Invention Education) |
| (1) | To efficiently implement invention education, the Commissioner of the Korean Intellectual Property Office shall formulate a master plan for invention education (hereinafter referred to as “master plan”) every five years in consultation with the heads of relevant central administrative agencies prescribed by Presidential Decree. |
| (2) | The following matters shall be included in the master plan: |
| 1. | Basic objectives of invention education and direction-setting for implementation; |
| 2. | Matters concerning cooperation from respective Ministries, agencies, and organizations with respect to invention education; |
| 3. | Methods for systematically training and supporting professional personnel in invention education; |
| 4. | Researching, developing, and distributing content of invention education; |
| 5. | Facilitating expanding and managing facilities and equipment necessary for invention education; |
| 6. | Other matters prescribed by Presidential Decree, as necessary for invention education. |
| (3) | The Commissioner of the Korean Intellectual Property Office, superintendents of education (hereinafter referred to as “superintendents of education”) of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, and the Special Self-Governing Province shall formulate and implement an annual implementation plan for invention education (hereinafter referred to as “implementation plan”), taking into account the content of the master plan and the educational conditions and all circumstances of their jurisdictions. |
| (4) | The Commissioner of the Korean Intellectual Property Office shall consult with the heads of relevant central administrative agencies referred to in paragraph (1) to amend the master plan: Provided, That this shall not apply where amending minor matters prescribed by Presidential Decree. |
| (5) | Upon formulating or amending the master plan pursuant to paragraphs (1) and (4), the Commissioner of the Korean Intellectual Property Office shall notify the heads of relevant central administrative agencies and superintendents of education of the formulated or amend master plan without delay. |
| (6) | Other matters necessary to formulate and implement master plans and implementation plans shall be prescribed by Presidential Decree. |
| Article 5 (Cooperation in Formulation of Plans) |
The Commissioner of the Korean Intellectual Property Office and superintendents of education may request cooperation from the heads of relevant central administrative agencies, the heads of local governments, and the superintendents of education, if necessary to formulate, implement, and evaluate master plans and implementation plans.
| Article 6 (Establishment and Operation of Information System) |
| (1) | The Commissioner of the Korean Intellectual Property Office may establish and operate an information system about invention education to efficiently communicate information, data, etc. about invention education to citizens and to efficiently formulate and implement policies necessary to promote invention education. |
| (2) | The Commissioner of the Korean Intellectual Property Office may request necessary data and information from the heads of relevant central administrative agencies, the heads of local governments, the superintendents of education, and the heads of relevant institutions and organizations, if necessary to establish and operate the information system referred to in paragraph (1). In such cases, the heads of institutions and organizations so requested shall comply with such request except in extenuating circumstances. |
| (3) | The Commissioner of the Korean Intellectual Property Office shall endeavor to provide citizens with information about invention education referred to in paragraph (1) in accordance with the Official Information Disclosure Act. |
| Article 7 (Promotion of Students’ Invention Activities) |
| (1) | The State and local governments may conduct the following projects to promote invention education for students attending schools at various levels: <Amended on Jun. 10, 2022> |
| 1. | Support to establish and operate schools specializing in invention education, and educational institutions and research institutes for invention education; |
| 2. | Support to research, develop, and distribute the curricula and content of invention education; |
| 3. | Support to find and train students with outstanding talent in invention; |
| 4. | Support to expand and manage facilities and equipment necessary for invention education; |
| 5. | Support for activities and events for invention education, such as club activities, exhibitions, and presentations related to invention education; |
| 6. | Other matters necessary to promote invention education. |
| (2) | The Commissioner of the Korean Intellectual Property Office may request the National Education Commission to include invention education in the curricula of kindergartens and elementary, middle, and high schools, as prescribed by Presidential Decree. <Amended on Jul. 20, 2021> |
| Article 8 (Support for Invention Education for Educationally Underprivileged Groups) |
| 1. | Dispatching instructors in invention education; |
| 2. | Developing and distributing invention education programs; |
| 3. | Holding and administering events related to invention education; |
| 4. | Other projects for supporting invention education for educationally underprivileged children and juveniles. |
| Article 9 (Improvement in Expertise of Teachers) |
| (1) | The State and local governments may provide teachers with opportunities to undergo training and refresher training to gain expertise in invention education and to train teachers specializing in invention education. |
| (2) | The Commissioner of the Korean Intellectual Property Office may support the provision, etc. of curricula necessary for invention education by schools prescribed in Article 2 of the Higher Education Act in order to enhance specialized capabilities of teachers or pre-service teachers with regard to invention education. <Newly Inserted on Jun. 10, 2022> |
| (3) | The State and local governments may support research and various activities conducted by teachers in relation to invention education. <Amended on Jun. 10, 2022> |
| (4) | The Commissioner of the Korean Intellectual Property Office may evaluate persons with outstanding capabilities in relation to invention education and may grant them certification of invention teachers (hereinafter referred to as "certification"). <Newly Inserted on Jun. 10, 2022> |
| (5) | Where a person granted certification falls under any of the following, the Commissioner of the Korean Intellectual Property Office may revoke such certification: Provided, That in cases falling under subparagraph 1, the certification shall be revoked: <Newly Inserted on Jun. 10, 2022> |
| 1. | Where the person is granted certification by fraud or other improper means; |
| 2. | Where the person ceases to meet the standards for certification specified in paragraph (7). |
| (6) | Where the Commissioner of the Korean Intellectual Property Office intends to revoke certification under paragraph (5), he or she shall hold a hearing. <Newly Inserted on Jun. 10, 2022> |
| (7) | Standards and procedures for, and the term of validity of, certification, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Jun. 10, 2022> |
[Title Amended on Jun. 10, 2022]
| Article 10 (Establishment and Operation of Invention Education Centers and Multi-Regional Invention Education Support Centers) |
| (2) | The State and local governments may establish and operate multi-regional invention education support centers in educational institutions, etc. for the purpose of exercising general supervision over the operation of invention education centers established in Cities/Dos and providing hands-on and intensive invention education in a specialized manner. <Newly Inserted on Jun. 10, 2022> |
| (3) | In cooperation with the Minister of Education and the Commissioner of the Korean Intellectual Property Office, superintendents of education shall assign to invention education centers and multi-regional invention education support centers, guidance teachers who have expertise in invention education and can be dedicated to operating such centers. <Newly Inserted on Jun. 10, 2022> |
| (4) | The State and local governments may subsidize the establishment and operation of invention education centers and multi-regional invention education support centers. <Amended on Jun. 10, 2022> |
| (5) | Other matters necessary to establish and manage invention education centers and multi-regional invention education support centers and to administer guidance teachers shall be prescribed by Presidential Decree. <Amended on Jun. 10, 2022> |
[Title Amended on Jun. 10, 2022]
| Article 11 (Designation and Operation of Invention Education Development Institutes) |
| (1) | The Commissioner of the Korean Intellectual Property Office may designate a specialized institution with capabilities, such as professional personnel, facilities, and equipment, as an invention education development institute, as prescribed by Presidential Decree, for purposes of research, development, and support to promote invention education. <Amended on Jun. 10, 2022> |
| (2) | The functions of invention education development institutes are as follows: |
| 1. | To research, develop, and distribute the curricula and content of invention education and invention education programs; |
| 2. | To research, study, and analyze theories and policies about invention education; |
| 3. | To train professional personnel, such as teachers in charge of invention education; |
| 4. | Other functions necessary to research, develop, and support invention education. |
| (3) | Where the Commissioner of the Korean Intellectual Property Office deems that an invention education development institute has been designated by fraud or other improper means; or is unable to achieve the objectives of designation, the Commissioner may cancel the designation of such invention education development institute, as prescribed by Presidential Decree. In such cases, the Commissioner of the Korean Intellectual Property Office shall give the head of such invention education development institute an opportunity to state his or her opinion. |
| Article 12 (Training of Professional Personnel in Industrial Property Rights) |
| (1) | The State and local governments shall endeavor to include content regarding industrial property rights in the curricula of schools, as deemed necessary, among schools at various levels. <Amended on Jun. 10, 2022> |
| (2) | The State and local governments may support the establishment and operation of departments related to industrial property rights and the opening of subjects and courses in schools, as deemed necessary, among schools at various levels. <Newly Inserted on Jun. 10, 2022> |
| (3) | The Commissioner of the Korean Intellectual Property Office may support any school under Article 2 of the Higher Education Act for the establishment and operation of faculties, departments, majors, and graduate schools aimed at training professional personnel in industrial property rights. <Newly Inserted on Jun. 10, 2022> |
| (4) | The State and local governments may advise the founders and managers of schools referred to in Article 2 of the Higher Education Act, including universities and colleges, to establish and operate research institutes related to industrial property rights. <Amended on Jun. 10, 2022> |
[Title Amended on Jun 10, 2022]
| Article 12-2 (Designation and Operation of Leading Schools) |
The Commissioner of the Korean Intellectual Property Office may include subjects related to invention and industrial property rights in the curriculum of a school prescribed in Article 23 of the Elementary and Secondary Education Act, or may designate a school which provides invention education and education on industrial property rights linked to the organized curriculum as a leading school in invention education to support the operation of such curriculum. [This Article Newly Inserted on Jun. 10, 2022]
| Article 12-3 (Linkage with Lifelong Education) |
Where necessary to achieve the purpose of this Act, the State and local governments may support a lifelong educational institution defined in subparagraph 2 of Article 2 of the Lifelong Education Act to include education on industrial property rights in the lifelong education courses provided by such institution. [This Article Newly Inserted on Jun. 10, 2022]
| Article 13 (Support for Education on Industrial Property Rights Provided by Small and Medium Enterprises) |
| 1. | Developing and operating curricula on industrial property rights for small and medium enterprises; |
| 2. | Developing and distributing educational materials about industrial property rights for small and medium enterprises; |
| 3. | Consulting to conduct education on industrial property rights, which is customized for each enterprise, and dispatching instructors; |
| 4. | Other projects to support education on industrial property rights provided by small and medium enterprises. |
[Title Amended on Jun 10, 2022]
| Article 13-2 (Assistance with Expenses and Subsidization) |
| (1) | The State and local governments may assist schools at various levels, corporations, organizations, institutions, etc. that provide invention education and education on industrial property rights with business expenses and operating expenses incurred in such education or may grant them subsidies to cover such expenses, within the budget. |
| (2) | The State and local governments may assist students, teachers, etc. with expenses incurred in their research activities related to invention education and education on industrial property rights, within the budget. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 14 (International Exchanges and Cooperation) |
The State and local governments may conduct the following projects in cooperation with foreign governments, international organizations, or foreign educational institutions to improve invention education and to enhance effectiveness thereof:
| 1. | Exchanging information about invention education; |
| 2. | Jointly researching and studying invention education; |
| 3. | Jointly developing curricula and educational materials for invention education; |
4 Other projects deemed necessary to promote international exchanges and cooperation about invention education.
The State and local governments may select corporations, organizations, institutions, individuals, etc. that substantially contribute to the facilitation of invention education and give an award to them for their contribution.
[This Article Newly Inserted on Jun. 10, 2022]
| Article 15 (Delegation and Entrustment of Authority) |
| (1) | The Commissioner of the Korean Intellectual Property Office may delegate part of his or her authority bestowed under this Act to the heads of local governments, as prescribed by Presidential Decree. |
| (2) | The Commissioner of the Korean Intellectual Property Office may entrust part of his or her duties prescribed under this Act to the Korea Invention Promotion Association established pursuant to Article 52 of the Invention Promotion Act. |
ADDENDA <Act No. 14590, Mar. 14, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Invention Education Center)
Invention Education Centers established pursuant to Article 9 of the former Invention Promotion Act as at the time this Act enters into force shall be deemed to be established pursuant to this Act. Article 3 Omitted.
ADDENDA <Act No. 18298, Jul. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 18887, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Certification of Invention Teachers)
A person certified as an invention teacher by the Commissioner of the Korean Intellectual Property Office as at the time this Act enters into force shall be deemed certified as an invention teacher under the amended provisions of Article 9 (4).