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
Presidential Decree No. 30158, Oct. 24, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30919, Aug. 5, 2020
Presidential Decree No. 31379, Jan. 5, 2021
Presidential Decree No. 31516, Mar. 2, 2021
Presidential Decree No. 31614, Apr. 6, 2021
Presidential Decree No. 32073, Oct. 19, 2021
Presidential Decree No. 32733, jun. 28, 2022
Presidential Decree No. 32840, Aug. 2, 2022
Presidential Decree No. 33587, jun. 27, 2023
Presidential Decree No. 33996, Dec. 19, 2023
The purpose of this Decree is to prescribe matters mandated by the Invention Promotion Act and matters necessary for the enforcement of said Act.
| Article 1-2 (Industrial Property Rights Service Industry) |
| 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 on 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 on Jan. 28, 2014; Jun. 27, 2023> | 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, etc.; |
| 9. | Assistance in transacting and commercializing invention-related technologies and products. |
[Title Amended on Jan. 28, 2014]
| 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 on Sep. 15, 2009; May 4, 2010; Jan. 6, 2012; Jan. 28, 2014; May 28, 2018> |
| 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 on 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 or 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. |
| Article 5 Deleted. <Sep. 15, 2017> |
| Article 6 Deleted. <Sep. 15, 2017> |
| Article 6-2 Deleted. <Sep. 15, 2017> |
| Article 6-3 Deleted. <Sep. 15, 2017> |
| Article 6-4 Deleted. <Jun. 27, 2023> |
| Article 6-5 Deleted. <Jun. 27, 2023> |
| 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 on 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) | 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 on Jan. 7, 2014> |
| 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 on Sep. 17, 2013]
[Moved from Article 6-3 <Jan. 28, 2014>]
| Article 7 (Period for Giving Notice of Whether Successive) |
"Period specified by Presidential Decree" in the main clause 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 or she shall do so conscientiously. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 7-3 (Period of Notification of Waiver of Inherited Rights) |
| (2) | "Period prescribed by Presidential Decree" in Article 16-2 (3) of the Act means the period from the date on which a public research institute succeeds to the right to an employee's invention to the date on which six months have passed since: Provided, That where a public research institute files an application for a patent, utility model registration, or design registration (hereinafter referred to as "patent, etc.") for an employee's invention within the period under the main clause, it means the period from the date on which the public research institute succeeds to the right to an employee's invention until the date according to the following classification: |
| 1. | Where intending to waive a right to obtain a patent, etc. before filing an application in a country where no such application has been filed, for an invention identical to the patent that has already been applied for in another country, etc.; if items (a) and (b) are both applicable, it shall be the date under item (b): |
| (a) | Where the application is filed in an individual country: The date which is two months prior to the last day of the period of having priority under Article 4 of the Convention of Paris for the Protection of Industrial Property; |
| (b) | Where an international application is filed pursuant to Article 3 of the Patent Cooperation Treaty: The date which is two months prior to the last day of the period during which copies and translations of international applications must be furnished to the elected Office pursuant to Article 39 (1) of that Convention; |
| 2. | Where intending to abandon a patent, etc. that has been applied for (including applications for rights not waived within the period under subparagraph 1) before a decision on whether to grant a patent or registration: Application examination start date: Provided, That in cases of applications for a patent or utility model registration, if the date which is two months prior to the last day of the period for filing a request for application examination under Article 59 of the Patent Act or Article 12 of the Utility Model Act (hereafter referred to as "base date" in this subparagraph) is earlier than the date under the main clause, it shall be the base date; |
| 3. | Where intending to abandon the registration for establishment of a patent right, utility model right, or design right (hereinafter referred to as "patent right, etc.") after a patent decision or registration decision on a patent, etc. is made: The date which is two months prior to the last day of the payment period for patent fees, utility model registration fees, and design registration fees (hereinafter referred to as "patent fees, etc."); |
| 4. | Where intending to abandon a registered patent right, etc.: The date which is two months prior to the last day of the next payment period for the patent fees, etc. |
| (3) | "Period prescribed by Presidential Decree" in Article 16-2 (4) of the Act means one month. |
[This Article Newly Inserted on Oct. 19, 2021]
[Previous Article 7-3 moved to Article 7-4 <Oct. 19, 2021>]
| Article 7-4 (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 on Jan. 28, 2014]
[Moved from Article 7-3; previous Article 7-4 moved to Article 7-5 <Oct. 19, 2021>]
| Article 7-5 (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 or 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 on Jan. 28, 2014]
[Moved from Article 7-4; previous Article 7-5 moved to Article 7-6 <Oct. 19, 2021>]
| Article 7-6 (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. |
| (3) | The Commissioner of the Korean Intellectual Property Office shall determine whether to dispatch an advisor and notify the relevant employer, etc. of his or her determination, within 15 days after receipt of the request referred to in paragraph (1). |
| (4) | Except as provided 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 on Jan. 28, 2014]
[Moved from Article 7-5 <Oct. 19, 2021>]
| 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 each of 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 on Jul. 26, 2010]
[Previous Article 8 moved to Article 8-5 <Jul. 26, 2010>]
| Article 8-2 (Provision of Information on Industrial Property Rights) |
| (1) | Deleted. <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 or 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 on 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 on Jul. 26, 2010]
| Article 8-3 (Profit-Making Business of the Korea Institute of Patent Information) |
| (1) | "Profit-making business prescribed by Presidential Decree" in Article 20-3 (5) of the Act means the following business: |
| 1. | Business related to the facilitation of the use of information on industrial property rights; |
| 2. | Business related to the dissemination of an industrial property rights information system; |
| 3. | Research services related to informatization of industrial property rights; |
| 4. | Education, publication, and events related to informatization of industrial property rights; |
| 5. | Other business for the informatization of industrial property rights and the establishment of infrastructure for the utilization of information on industrial property rights, as deemed necessary by the Commissioner of the Korean Intellectual Property Office. |
| (2) | Where the Korea Institute of Patent Information intends to start or stop the profit-making business under paragraph (1) or to change important matters of the business details, it shall give prior notice of such fact to the Commissioner of the Korean Intellectual Property Office. |
[This Article Wholly Amended on Aug. 2, 2022]
| Article 8-4 Deleted. <Aug. 2, 2022> |
| 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; |
| (2) | Where the Commissioner of the Korean Intellectual Property Office conducts a fact-finding survey under Article 20-6 (1) of the Act, he or 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: <Amended on Jun. 27, 2023> |
| 1. | Korea Institute of Intellectual Property referred to in Article 51 of the Act (hereinafter referred to as "Korea Institute of Intellectual Property"); |
| 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 on 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 on Jun. 2, 2017]
[Previous Article 8-6 moved to Article 8-7 <Jun. 2, 2017>]
| Article 8-7 (Business Activities of Regional Intellectual Property Centers) |
[This Article Newly Inserted on Apr. 28, 2016]
[Moved from Article 8-6 <Jun. 2, 2017>]
| 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 or her business registration, the applicant shall directly attach the relevant document to the application: <Amended on Sep. 15, 2009; May 4, 2010; Dec. 9, 2014; Nov. 18, 2015; May 28, 2018> |
| 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 on 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 on Jan. 28, 2014]
[Previous Article 9-2 moved to Article 9-4 <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 or she shall publish such fact on the website of the Korean Intellectual Property Office without delay. |
[This Article Newly Inserted on Jan. 28, 2014]
[Previous Article 9-3 moved to Article 9-5 <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 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 or 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 on Apr. 28, 2016]
[Previous Article 9-4 moved to Article 9-9 <Apr. 28, 2016>]
| Article 9-5 (Validity Period of Certification) |
| (1) | The validity period of certification shall be four years from the date of such certification. <Amended on Dec. 19, 2023> |
| (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 or she shall issue a certificate. |
[This Article Newly Inserted on Apr. 28, 2016]
[Previous Article 9-5 moved to Article 9-10 <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 on Apr. 28, 2016]
[Previous Article 9-6 moved to Article 9-11 <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 on Apr. 28, 2016]
[Previous Article 9-7 moved to Article 9-12 <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 or she shall publicly notify the agency and publish it on the website of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Apr. 28, 2016]
[Previous Article 9-8 moved to Article 9-13 <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 on 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 or her written opinion and documents related to his or 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 on Nov. 18, 2015; 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 or 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 on 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 on Dec. 7, 2010]
[Moved from Article 9-4 <Apr. 28, 2016>]
| 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 the following persons: <Amended on Jun. 21, 2012; Dec. 21, 2012; Dec. 4, 2013; Jan. 28, 2014; Nov. 18, 2015; Apr. 28, 2016; Jun. 21, 2016; May 28, 2018; Apr. 6, 2021; Jun. 28, 2022> | 1. | A person between the ages of six and 19 years; |
| 9. | Any other person deemed by the Commissioner of the Korean Intellectual Property Office to need special support. |
[This Article Newly Inserted on Dec. 7, 2010]
[Moved from Article 9-5 <Apr. 28, 2016>]
| 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 the following corporations or organizations: <Amended on Jun. 2, 2017; Aug. 5, 2020; Jun. 27, 2023> | 1. | The Korea Invention Promotion Association under Article 52 of the Act (hereinafter referred to as the "Korea Invention Promotion Association"); |
| 2. | The Korea Intellectual Property Protection Agency under Article 55-2 of the Act (hereinafter referred to as the "Korea Intellectual Property Protection Agency"); |
| 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 on Dec. 7, 2010]
[Moved from Article 9-6 <Apr. 28, 2016>]
| 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 on Dec. 7, 2010]
[Moved from Article 9-7 <Apr. 28, 2016>]
| 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 or 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 or 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 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 on Dec. 7, 2010]
[Moved from Article 9-8 <Apr. 28, 2016>]
| Article 10 (Use of Contributions) |
| (1) | Where a Korea Industrial Property Business Support Center under Article 34 of the Act (hereinafter referred to as the "Business Support Center") receives Government contributions pursuant to Article 34 (3) of the Act, it shall use the contributions only for expenses incurred in arrangement and brokerage of those falling under the items of subparagraph 11 of Article 2 of the Act, as determined by the Commissioner of the Korean Intellectual Property Office. <Amended on Nov. 18, 2015; Aug. 2, 2022; Jun. 27, 2023> |
| (2) | Upon receipt of contributions under paragraph (1), the Business Support Center shall establish a separate account to manage the contributions. <Amended on Nov. 18, 2015; Aug. 2, 2022; Jun. 27, 2023> |
| (3) | The Business Support Center shall prepare results of appropriation of the expenses referred to in paragraph (1) as determined by the Commissioner of the Korean Intellectual Property Office, and shall report the results to the Commissioner of the Korean Intellectual Property Office by the end of March of the following year. <Amended on Nov. 18, 2015; Aug. 2, 2022; Jun. 27, 2023> |
| 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 or 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 on Feb. 29, 2008; Mar. 23, 2013> |
| Article 12 (Designation of Evaluation Institutes) |
| (1) | A person that intends to be designated as an institute for evaluation of inventions, etc. (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 certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; and where the applicant withholds consent on the verification of his or her business registration certificate, the applicant shall directly attach the relevant document to the application. <Amended on Sep. 15, 2009; May 4, 2010; May 28, 2018; Jun. 27, 2023> |
| (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 on May 28, 2018; Oct. 19, 2021; Jun. 27, 2023> |
| 1. | All of the following professionals capable of evaluating inventions, etc. shall be employed full-time: |
| (a) | At least two 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 three persons who have engaged in a field related to evaluating inventions, etc. for at least three years; |
| 2. | A group dedicated to evaluating inventions, etc. shall be installed; |
| 3. | Evaluation facilities, equipment, etc. necessary for evaluating inventions, etc. shall be furnished. |
| (3) | Where the Commissioner of the Korean Intellectual Property Office designates an evaluation institute, he or 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 the subject matters of evaluation of inventions, etc., the scope and period thereof, and other matters. <Amended on Jun. 27, 2023> |
| (5) | No evaluation institute shall publicly disclose evaluation results without consent from a person who requests an 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. <Amended on Jun. 27, 2023> |
| (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 provided 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 determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted on May 28, 2018> |
| Article 13 (Matters Necessary for Evaluation of Inventions) |
"Matters prescribed by Presidential Decree" in Article 29 (1) 7 of the Act means the following matters: <Amended on Jun. 27, 2023> | 1. | Development and dissemination of techniques to evaluate inventions, etc.; |
| 2. | Development and dissemination of teaching materials relating to the evaluation of inventions, etc.; |
| 3. | Holding academic conferences on the evaluation of inventions, etc. in Korea and abroad; |
| 4. | Deleted; <Jun. 27, 2023> |
| 5. | Other matters deemed by the Commissioner of the Korean Intellectual Property Office necessary to establish a foundation for the evaluation of inventions, etc. |
[Title Amended on Jun. 27, 2023]
| 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 or she shall publish such fact on the website of the Korean Intellectual Property Office without delay. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 14-2 (Criteria for Evaluations of Inventions) |
| (1) | Criteria for evaluations of inventions, etc. under Article 31-2 (1) of the Act (hereinafter referred to as "evaluation criteria") shall be as follows: |
| 1. | Utility and competitiveness of technology and trademarks related to inventions, etc. falling under any subparagraph of Article 34 (1) of the Act; |
| 2. | Degree of the protection of rights; |
| 3. | Possibility of commercialization and marketability; |
| 4. | Economic feasibility of the business; |
| 5. | Other matters necessary to ensure the fairness, objectivity, and reliability in the evaluation of inventions, etc. |
| (2) | Details regarding the evaluation criteria under paragraph (1) shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 14-3 (Development and Dissemination of Techniques for Evaluations of Inventions) |
| (1) | The Commissioner of the Korean Intellectual Property Office may perform the following business to develop and disseminate techniques for evaluating inventions, etc. (hereinafter referred to as "evaluation techniques") pursuant to Article 31-3 (1) of the Act: |
| 1. | Surveys and research related to the development and dissemination of evaluation techniques; |
| 2. | Development and dissemination of database utilized in evaluation techniques; |
| 3. | Development and dissemination of guidelines and manuals on evaluation techniques; |
| 4. | Other matters deemed necessary by the Commissioner of the Korean Intellectual Property Office to develop and disseminate evaluation techniques. |
| (2) | The Commissioner of the Korean Intellectual Property Office may perform the following business to facilitate the utilization of evaluation techniques under Article 31-3 (2) of the Act: |
| 1. | Research and development of an evaluation model and an evaluation system utilizing evaluation techniques; |
| 2. | Education and publicity on evaluation techniques; |
| 3. | Other matters deemed necessary by the Commissioner of the Korean Intellectual Property Office to facilitate the utilization of evaluation techniques. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 14-4 (Study on Evaluations of Inventions) |
| (2) | "Interested person prescribed by Presidential Decree" in Article 31-4 (1) 2 of the Act means the following persons: |
| 1. | A person who requests the evaluation of an invention, etc.; |
| 2. | A person to whom the results of evaluation of the relevant invention, etc. are to be provided under any statute, regulation, or contract. |
| (3) | Where the Commissioner of the Korean Intellectual Property Office commences a feasibility study under Article 31-4 (1) of the Act (hereinafter referred to as "feasibility study"), he or she shall notify the following matters to the relevant evaluation institute, a person who requests an evaluation of the relevant invention, etc., and a person who requests a feasibility study within 10 days from the commencement date: |
| 1. | Grounds for conducting the feasibility study; |
| 2. | The fact that they can submit their opinions on the feasibility study, and the processing method to be applied where failing to submit opinions; |
| 3. | Address and contact information of an evaluation management center under Article 31-6 of the Act (hereinafter referred to as "evaluation management center") which conducts the affairs related to feasibility studies; |
| 4. | Other matters deemed necessary by the Commissioner of the Korean Intellectual Property Office for conducting the feasibility study. |
| (4) | A person upon receipt of a notice under paragraph (3) may submit his or her opinions to the Commissioner of the Korean Intellectual Property Office within 10 days from the date of receipt of such notice. |
| (5) | Where the Commissioner of the Korean Intellectual Property Office completes a feasibility study, he or she shall, without delay, notify the relevant evaluation institute, the person who requests an evaluation of the relevant invention, etc., and the person who requests the feasibility study of the results thereof. |
| (6) | "Ground prescribed by Presidential Decree" in Article 31-4 (3) of the Act means any of the following cases: |
| 1. | Where it is necessary for investigating a crime and instituting and maintaining a public prosecution; |
| 2. | Where it is necessary for performing court trials; |
| 3. | Where it is deemed directly related to the affairs of the State, etc. under Article 31-4 (1) 1 of the Act, which have requested the results of a feasibility study; |
| 4. | Other cases deemed necessary by the Commissioner of the Korean Intellectual Property Office. |
| (7) | A sample survey under Article 31-4 (4) of the Act (hereinafter referred to as "sample survey") shall be conducted in the following order: |
| 3. | Collection and survey of samples; |
| 4. | Analysis of the results of the sample survey. |
| (8) | Upon completion of a sample survey, the Commissioner of the Korean Intellectual Property Office shall notify the relevant evaluation institute of the results of the sample survey. |
| (9) | Except as provided in paragraphs (7) and (8), details necessary for conducting sample surveys shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 14-5 (Establishment and Operation of Evaluation Information System) |
| (1) | Pursuant to the main clause of Article 31-5 (2) of the Act, an evaluation institute shall submit the written results of evaluation of an invention, etc. and related data by electronically registering them in the evaluation information system under Article 31-5 (1) of the Act (hereinafter referred to as "evaluation information system") within 30 days from the date of issuance of the written results of evaluation. |
| (2) | The Commissioner of the Korean Intellectual Property Office may request an evaluation institute to supplement the written results of evaluation and related data registered in the evaluation information system. In such cases, the evaluation institute upon receipt of the request shall register the supplemented written results of evaluation and related data in the evaluation information system within 20 days from the date of receiving such request. |
| (3) | "Where there exists any good reason prescribed by Presidential Decree, such as the protection of personal information" in the proviso of Article 31-5 (2) of the Act means any of the following: |
| 2. | Where it is the information, the submission or sharing of which is prohibited by other statutes or regulations, or by a judgment; |
| 3. | Where it is the information that is likely to infringe on a third party's legitimate interests. |
| (4) | "Ground prescribed by Presidential Decree, such as a feasibility study and a sample survey" in Article 31-5 (3) of the Act means the following: |
| 3. | Designation of an evaluation institute under Article 28 (1) of the Act; |
| 4. | Revocation of designation of an evaluation institute, or suspension of its business under Article 31 (1) of the Act; |
| 5. | Submission of the written results of evaluation and related data under Article 31-5 (2) of the Act; |
| 6. | Other matters deemed necessary by the Commissioner of the Korean Intellectual Property Office for managing the evaluations of inventions, etc. |
| (5) | The detailed procedures for registering and verifying information in the evaluation information system and other matters shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 14-6 (Evaluation Management Center) |
| (1) | An institution or organization that establishes an evaluation management center pursuant to Article 31-6 (1) of the Act shall be the following institutions or organizations that are publicly notified by the Commissioner of the Korean Intellectual Property Office: |
| 1. | Korea Institute of Intellectual Property; |
| 2. | The Korea Invention Promotion Association; |
| 3. | Other institutions or organizations deemed by the Commissioner of the Korean Intellectual Property Office as having professional human resources and an exclusively responsible organization necessary for conducting the affairs related to study, management, etc. of evaluations of inventions, etc. |
| (2) | An evaluation management center shall have the head of the evaluation management center, who shall be appointed as prescribed by the articles of incorporation of an institution or organization that has established the evaluation management center. |
| (3) | An institution or organization that has established an evaluation management center shall report the evaluation management center's business performance to the Commissioner of the Korean Intellectual Property Office by the end of March of the following year. |
| (4) | "Affairs prescribed by Presidential Decree" in Article 31-6 (2) 6 of the Act means the following: |
| 1. | Surveying and analyzing the demand for evaluation of inventions, etc.; |
| 2. | Jointly utilizing and disseminating information on the evaluation of inventions, etc.; |
| 3. | Developing professional human resources related to the evaluation of inventions, etc.; |
| 5. | Other matters deemed necessary by the Commissioner of the Korean Intellectual Property Office for managing the evaluation of inventions, etc. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 15 (Method of Purchasing Secured Industrial Property Rights) |
| (1) | The purchase of secured industrial property rights under Article 32-2 (1) of the Act (hereinafter referred to as "secured industrial property rights") shall be made in a manner in which a financial company, etc. under that paragraph (hereinafter referred to as "financial company, etc.") and an institution or organization under Article 32-3 (1) of the Act (hereinafter referred to as "responsible institution") conclude an agreement. |
| (2) | The purchase price of secured industrial property rights shall be determined based on the evaluation results of the technical and business feasibility of the secured industrial property rights evaluated by the evaluation institution, while taking into account losses and business budgets of financial companies, etc. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the purchase of secured industrial property rights shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Oct. 24, 2019]
| Article 16 (Funds for Program of Purchasing and Using Secured Industrial Property Rights) |
"Financial resources prescribed by Presidential Decree" in Article 32-3 (2) 4 of the Act means interest income on the contributions from financial companies, etc., contributions from the Government, and the proceeds from transactions of secured industrial property rights. [This Article Newly Inserted on Oct. 24, 2019]
| Article 17 (Management of Operating Funds for Program of Purchasing and Using Secured Industrial Property Rights) |
| (1) | The responsible institution and the specialized agency under Article 32-3 (3) of the Act (hereinafter referred to as "specialized agency") shall set up a separate account to manage funds for operating the program of purchasing and using secured industrial property rights. |
| (2) | In order to efficiently promote the purchase and utilization of secured industrial property rights, the Commissioner of the Korean Intellectual Property Office may supervise the responsible institution on the following matters: |
| 1. | Plans for the program of purchasing and using secured industrial property rights and the management of funds; |
| 2. | Selection and management of the specialized agency; |
| 3. | Other matters concerning the implementation of the program of purchasing and using secured industrial property rights. |
| (3) | The Commissioner of the Korean Intellectual Property Office shall determine and publicly notify the matters necessary for the criteria, procedures, etc. of selecting the specialized agency. |
[This Article Newly Inserted on Oct. 24, 2019]
| Article 18 (Business Support Center) |
| (1) | An institution or organization that establishes the Business Support Center pursuant to Article 34 (1) of the Act shall be an institution or organization publicly notified by the Commissioner of the Korean Intellectual Property Office, among the following corporations: <Amended on Apr. 30, 2009; Jul. 26, 2010; Jun. 27, 2023> |
| 1. | The Korea Invention Promotion Association; |
| 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 evaluation institute designated pursuant to Article 28 (1) of the Act; |
| (2) | The Business Support Center shall have one head, who is determined by the articles of incorporation of an institution or organization that has established the Business Support Center, among executive officers of such institution or organization. <Amended on Jun. 27, 2023> |
| (3) | An institution or organization that has established the Business Support Center shall report the Business Support Center’s business performance to the Commissioner of the Korean Intellectual Property Office, by the end of March of the following year. <Amended on Jun. 27, 2023> |
| (4) | Except as provided in paragraphs (2) and (3), the composition and operation of the Business Support Center and other necessary matters shall be prescribed by the articles of incorporation of an institution or organization that has established the Business Support Center. <Amended on Jun. 27, 2023> |
[Title Amended on Jun. 27, 2023]
| 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 or her business registration, the applicant shall directly attach the relevant document to the application. <Amended on Sep. 15, 2009; May 4, 2010; 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 on Nov. 18, 2015; 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 or 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 on 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 on Nov. 18, 2015> |
[Title Amended on 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 or she shall publish such fact on the website of the Korean Intellectual Property Office without delay. |
[This Article Newly Inserted on 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 provided 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 on Jun. 2, 2017]
[Previous Article 19-3 moved to Article 19-4 <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 or 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 on Jan. 28, 2014]
[Moved from Article 19-3; previous Article 19-4 moved to Article 19-5 <Jun. 2, 2017>]
| 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; <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; <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 determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Amended on Dec. 30, 2016> |
[This Article Newly Inserted on Jan. 28, 2014]
[Moved from Article 19-4; previous Article 19-5 moved to Article 19-6 <Jun. 2, 2017>]
| Article 19-6 (Criteria for Administrative Dispositions against Specialized Institutions for Industrial Property Rights Service Industry) |
| (1) | The criteria for taking administrative dispositions against specialized institutions for services under Article 40-3 (4) of the Act shall be as specified in attached Table 9. <Amended on Jun. 27, 2023> |
| (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 or she shall publish such fact on the website of the Korean Intellectual Property Office without delay. |
[This Article Newly Inserted on Jan. 28, 2014]
[Moved from Article 19-5; previous Article 19-6 moved to Article 19-7 <Jun. 2, 2017>]
| 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 on Nov. 18, 2015; 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 or 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 on 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 on Nov. 18, 2015> |
| (4) | Items for a fact-finding survey on the industrial property rights service industry shall be as follows: <Amended on 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 on Jan. 28, 2014]
[Title Amended on Nov. 18, 2015]
[Moved from Article 19-6; previous Article 19-7 moved to Article 19-8 <Jun. 2, 2017>]
| 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 on Jun. 2, 2017> [This Article Newly Inserted on Jan. 28, 2014]
[Title Amended on Nov. 18, 2015]
[Moved from Article 19-7; previous Article 19-8 moved to Article 19-9 <Jun. 2, 2017>]
| 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; <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 on Dec. 12, 2017> |
[This Article Newly Inserted on Nov. 18, 2015]
[Moved from Article 19-8; previous Article 19-9 moved to Article 19-10 <Jun. 2, 2017>]
| 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 or she shall publish such fact on the website of the Korean Intellectual Property Office. <Amended on Oct. 19, 2021> |
[This Article Newly Inserted on Nov. 18, 2015]
[Moved from Article 19-9 <Jun. 2, 2017>]
| 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 on Dec. 7, 2010> |
| (2) | Where the chairperson of the Committee (hereinafter referred to as the "Chairperson") is unable to perform his or 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 on Dec. 7, 2010> |
| Article 21 (Operation of Committee) |
| (1) | The Chairperson shall convene and preside over the meetings. <Amended on 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 on Dec. 7, 2010> |
| (3) | No mediator of the Committee shall participate in deliberation on, or mediation of, an agenda item in which he or she has an interest. <Amended on Dec. 7, 2010> |
[Title Amended on Dec. 7, 2010]
| Article 21-2 (Composition and Operation of Mediation Panels) |
| (1) | The mediation panels under Article 42 of the Act shall consist of not more than three members designated by the Chairperson from among the members of the Committee. |
| (2) | To facilitate mediation proceedings, the Chairperson shall designate one of the members under paragraph (1) as the head of the mediation panel. |
[This Article Newly Inserted on Aug. 5, 2020]
| 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 on 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 on 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 on 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 (3): Provided, that the respondent may do so within 30 days thereafter, if he or she is not domiciled or has no place of business in the Republic of Korea. <Newly Inserted on Nov. 18, 2015> |
| (5) | Where the Committee requires a party, his or her agent, or any interested person to appear pursuant to Article 45 (1) of the Act, it shall give written notice to him or 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 on 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 or she will be deemed to have withdrawn from a statement of opinion. <Amended on Nov. 18, 2015> |
| (7) | Upon receipt of notice under paragraph (5), the party, his or her agent, or any interested person may appear at a designated time and place to state his or her opinion or to submit a written opinion (including electronic documents). <Amended on Nov. 18, 2015; Aug. 5, 2020> |
| (8) | The Committee may prepare and present a proposal of mediation to the parties and recommend them to accept the proposal. <Amended on Nov. 18, 2015> |
[Title Amended on Dec. 7, 2010]
| 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 on 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 on 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 on 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 on Dec. 7, 2010>
[Title Amended on Dec. 7, 2010]
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 or her affairs. <Amended on Dec. 7, 2010>
| Article 26 (Detailed Operation Rules) |
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Committee. <Amended on 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. <Jan. 28, 2014> |
[This Article Newly Inserted on 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 on 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 on Jan. 28, 2014]
| Article 28-2 (Criteria for Administrative Dispositions against Specialized Institutions for Protection) |
| (1) | Where Article 40-3 (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. <Amended on Jun. 27, 2023> |
| (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 or she shall publish such fact on the website of the Korean Intellectual Property Office without delay. |
[This Article Newly Inserted on 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 on 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 on May 7, 2019> |
| 1. | The Korea Invention Promotion Association; |
| 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 on May 7, 2019> |
[This Article Newly Inserted on 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 on 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 on May 28, 2018]
| Article 28-6 (Accumulation and Operation of Reserves) |
| (1) | The Commissioner of the Korean Intellectual Property Office or the entrusted institution shall accrue the reserves referred to in Article 50-6 of the Act (hereinafter referred to as "reserves") of up to 5/100 of the total amount of mutual aid installments and shall accumulate them separately. |
| (2) | The reserves shall be used for the following purposes: |
| 1. | Payment of principal and interest of mutual aid installments; |
| 3. | Loans for working capital; |
| 4. | Other uses deemed necessary by the Commissioner of the Korean Intellectual Property Office for the patent mutual aid business. |
| (3) | Except as provided in paragraphs (1) and (2), details necessary for the accumulation and operation of reserves shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Dec. 19, 2023]
[Previous Article 28-6 moved to Article 28-7 <Dec. 19, 2023>]
| Article 28-7 (Affairs of the Korea Intellectual Property Protection Agency) |
"Affairs prescribed by Presidential Decree" in Article 55-3 (1) 8 of the Act means the following: | 1. | Support for the protection of trade secrets and prevention of breaches; |
| 2. | Support for work to eradicate false indications of industrial property rights; |
| 3. | Affairs incidental to the affairs under Article 55-3 (1) 1 through 6 of the Act. |
[This Article Newly Inserted on Aug. 5, 2020]
[Moved from Article 28-6; previous Article 28-7 moved to Article 28-8 <Dec. 19, 2023>]
| Article 28-8 (For-Profit Business of the Korea Intellectual Property Protection Agency) |
| (1) | "For-profit business prescribed by Presidential Decree" in Article 55-3 (2) of the Act means any of the following: |
| 1. | Research services related to domestic and overseas intellectual property protection; |
| 2. | Provision of information related to domestic and overseas intellectual property protection; |
| 3. | Education, publication, and events related to domestic and overseas intellectual property protection; |
| (2) | Where intending to start or stop the for-profit business under paragraph (1) or intending to change important matters of the business, the Korea Intellectual Property Protection Agency shall report thereon in advance to the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Aug. 5, 2020]
[Moved from Article 28-7; previous Article 28-8 moved to Article 28-9 <Dec. 19, 2023>]
| Article 28-9 (For-Profit Business of the Korea Intellectual property Strategy Agency) |
| (1) | "For-profit business prescribed by Presidential Decree" in Article 55-6 (2) of the Act means any of the following: |
| 1. | Provision of intellectual property-related information and strategic assistance; |
| 2. | International cooperation projects such as assistance in formulating intellectual property strategies in foreign countries; |
| 3. | Assistance in commercializing national intellectual property; |
| 4. | Education, publication, events, and publicity for developing intellectual property strategies and training human resources. |
| (2) | Where intending to start or stop the for-profit business under paragraph (1) or intending to change important matters of the business, the Korea Intellectual property Strategy Agency under Article 55-5 of the Act shall report in advance to the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Aug. 5, 2020]
[Moved from Article 28-8 <Dec. 19, 2023>]
| Article 29 (Entrustment of Affairs) |
| (1) | The Commissioner of the Korean Intellectual Property Office shall entrust the following affairs to the Korea Invention Promotion Association, pursuant to Article 56 (2) of the Act: <Amended on Jan. 28, 2014; Nov. 18, 2015; Jun. 2, 2017; Jun. 27, 2023> |
| 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; |
| 4-2. | Receipt of applications for designation as an evaluation institute under Article 28 (1) 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 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 on Jan. 28, 2014; Jun. 27, 2023> |
| 1. | Developing professional human resources in the industrial property rights service industry under Article 40-3 (1) 1 of the Act; |
| 2. | Facilitating overseas expansion of the industrial property rights service industry under Article 40-3 (1) 2 of the Act; |
| 3. | Facilitating utilization of the industrial property rights service industry and supporting business start-up under each subparagraph of Article 40-4 of the Act; |
| 4. | Conducting fact-finding surveys under Article 40-5 (1) of the Act. |
| (3) | Pursuant to Article 56 (2) of the Act, the Commissioner of the Korean Intellectual Property Office may entrust the following affairs to the Korea Intellectual property Strategy Agency under Article 55-5 (1) of the Act: <Newly Inserted on Oct. 19, 2021> |
| 1. | Reception of applications for designation of an institution for examination of industrial property rights and examination of the designation requirements under Article 36 (1) of the Act; |
| 2. | Verification of grounds for revocation of designation or suspension of business of an institution for examination of industrial property rights under the subparagraphs of Article 37 (1) of the Act. |
| (4) | Where entrusting the affairs under paragraph (3), the Commissioner of the Korean Intellectual Property Office shall publicly notify the entrusted institution and the details of the entrusted affairs. <Newly Inserted on Oct. 19, 2021> |
[This Article Newly Inserted on Jun. 21, 2012]
| Article 29-2 Deleted. <Jun. 27, 2023> |
| 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 on Jan. 28, 2014> [This Article Newly Inserted on Jun. 21, 2012]
ADDENDA <Presidential Decree No. 20264, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
A citation of any provision of the previous Enforcement Decree of the Invention Promotion Act by other statutes or regulations in force as at the time this Decree enters into force, shall be deemed a citation of the relevant provisions of this Decree in lieu of the previous provisions, if such relevant 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.
Article 2 Omitted.
Article 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.
Article 2 Omitted.
Article 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.
Article 2 Omitted.
Article 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 9 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 6 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.
Article 2 Omitted.
Article 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.
ADDENDUM <Presidential Decree No. 30158, Oct. 24, 2019>
This Decree shall enter into force on October 24, 2019.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30919, Aug. 5, 2020>
This Decree shall enter into force on August 5, 2020.
ADDENDA <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall apply from the case of initiating the procedure for designation or entrustment to conduct the designation or entrustment pursuant to the statutes and regulations amended by this Decree after this Decree enters into force.
ADDENDUM <Presidential Decree No. 31516, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31614, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2021.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 32073, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 21, 2021.
Article 2 (Special Cases Concerning Period of Notification of Waiver of Inherited Rights)
Where, after the enforcement of this Decree, intending to waiver a right to an employee's invention that has been inherited from an employee, etc. before the enforcement of this Decree, for which a patent, etc. has not been applied for in any country at the time this Decree enters into force, the head of a public research institute intends may notify the employee, etc. of the waiver of the right by the date on which six months have elapsed from the enforcement date of this Decree.
Where, after the enforcement of this Decree, intending to waiver a right to an employee's invention inherited from an employee, etc. before the enforcement of this Decree, which is in the process for patent, etc. at the time this Decree enters into force (including the right to obtain a patent, etc. in a country where no application has been filed yet for an invention identical to that right), the head of a public research institute shall notify the employee, etc. of the waiver of the right within the period of notification under the amended provisions of Article 7-3 (2) 1 through 4: Provided, That where, at the time of the enforcement of this Decree, the period of notification under the amended provisions of Article 7-3 (2) 1 through 4 had already elapsed or the remaining period is two months or shorter, the notification to the employee may be omitted, notwithstanding the amended provisions of those subparagraphs.
ADDENDA <Presidential Decree No. 32733, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 32840, Aug. 2, 2022>
This Decree shall enter into force on August 4, 2022.
ADDENDA <Presidential Decree No. 33587, Jun. 27, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 4, 2023.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 33996, Dec. 19, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2023.
Article 2 (Applicability to Validity of Intellectual Property Management Certification)
The amended provisions of Article 9-5 (1) shall also apply where the term of validity of the intellectual property management certification has not expired as at the time this Decree enters into force.