Statutes of the Republic of Korea

No. 20200
Promulgation Date 2024-02-06
Ministry of Intellectual Property

ALL

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Definitions)

Article 3 (Persons Eligible for Design Registration)

Article 4 (Legal Capacity of Minors)

Article 5 (Unincorporated Associations)

Article 6 (Design Administrators for Non-Residents)

Article 7 (Scope of Authority of Agency)

Article 8 (Proof of Authority of Agency)

Article 9 (Ratification of Defects in Legal Capacity)

Article 10 (Non-Extinguishment of Authority of Agency)

Article 11 (Independence of Representation)

Article 12 (Order to Appoint or Replace Agent)

Article 13 (Representation of Multi-Party)

Article 14 (Application Mutatis Mutandis of the Civil Procedure Act)

Article 15 (Jurisdiction over Non-Residents)

Article 16 (Calculation of Period)

Article 17 (Extension of Period)

Article 18 (Invalidation of Procedures)

Article 19 (Subsequent Amendment of Procedures)

Article 20 (Succession to Effects of Procedures)

Article 21 (Continuation of Procedures)

Article 22 (Interruption of Procedure)

Article 23 (Taking-Over of Suspended Procedures)

Article 24 (Applications for Taking-Over)

Article 25 (Abeyance of Proceeding)

Article 26 (Effects of Interruption or Abeyance)

Article 27 (Foreigners’ Legal Capacity to Hold Rights)

Article 28 (Effective Dates of Submitted Documents)

Article 29 (Notation of Identification Numbers)

Article 30 (Conduct of Design-Related Procedures by Electronic Documents)

Article 31 (Reporting on Use of Electronic Documents and Digital Signature)

Article 32 (Notification via Information and Communications Networks)

CHAPTER II REQUIREMENTS AND APPLICATION FOR DESIGN REGISTRATION

Article 33 (Requirements for Design Registration)

Article 34 (Unregistrable Designs)

Article 35 (Related Designs)

Article 36 (Exception to Lack of Novelty)

Article 37 (Applications for Design Registration)

Article 38 (Determination of Filing Date of Application for Design Registration)

Article 39 (Joint Applications)

Article 40 (Doctrine of One-Design for One-Registration Application)

Article 41 (Multiple Designs Application)

Article 42 (Design for a Set of Articles)

Article 43 (Secret Designs)

Article 44 (Applications Filed by Ineligible Person for Design Registration and Protection of Legitimate Right Holders)

Article 45 (Design Registration by Ineligible Persons and Protection of Legitimate Right Holders)

Article 46 (Earlier Application)

Article 47 (Amendment of Procedures)

Article 48 (Amendment of Applications and Change of Gist)

Article 49 (Dismissal of Amendments)

Article 50 (Division of Applications)

Article 51 (Priority Claim under Treaty)

Article 51-2 (Amendment and Addition of Claiming Priority Right)

Article 51-3 (Extension of Period for Claim of Priority)

Article 52 (Publication of Applications)

Article 53 (Effects of Publication of Applications)

Article 54 (Transfer of Right to Have Design Registered)

Article 55 (Furnishing Information)

Article 56 (Publication of Rejected Application on Design Gazette)

Article 57 (Succession to Right to Have Design Registered)

CHAPTER III EXAMINATION

Article 58 (Examination by Examiners)

Article 59 (Designation of Specialized Organizations)

Article 60 (Revocation of Designation of Specialized Organizations)

Article 61 (Accelerated Examination)

Article 62 (Determinations to Reject Applications for Design Registration)

Article 63 (Notification of Grounds for Rejection)

Article 64 (Request for Re-Examination)

Article 65 (Determinations of Design Registration)

Article 66 (Ex Officio Amendments)

Article 66-2 (Ex Officio Re-Examination after Determinations to Accept Applications for Design Registration)

Article 67 (Methods of Determining Whether to Accept Applications for Design Registration)

Article 68 (Written Oppositions to Registration of Partially-Examined Design)

Article 69 (Amendments of Grounds for Written Oppositions to Registration of Partially-Examined Design)

Article 70 (Panel of Examiners for Examination and Rulings)

Article 71 (Ex Officio Examination in Examining Written Oppositions to Registration of Partially-Examined Design)

Article 72 (Integration or Separation of Written Oppositions to Partially-Examined Design Registration)

Article 73 (Determination on Written Oppositions to Registration of Partially-Examined Design)

Article 74 (Method of Determining on Written Oppositions to Registration of Partially-Examined Design)

Article 75 (Withdrawal of Written Oppositions to Registration of Partially-Examined Design)

Article 76 (Application Mutatis Mutandis of Rules on Trials to Examination)

Article 135 (excluding subparagraph 6 thereof) shall apply mutatis mutandis to the examination of applications for design registration. In such cases, "trial" shall be construed as "examination", and "judges" as "examiners".

Article 77 (Suspension of Examination or Litigation Proceedings)

Article 78 (Provisions Applicable Mutatis Mutandis)

CHAPTER IV REGISTRATION FEES AND DESIGN REGISTRATION

Article 79 (Design Registration Fees)

Article 80 (Partial Abandonment of Designs at Time of Payment of Registration Fees)

Article 81 (Payment of Registration Fees by Interested Parties)

Article 82 (Late Payment of Registration Fees)

Article 83 (Payment of Underpaid Registration Fees)

Article 84 (Restoration of Applications for Design Registration and Design Right by Late Payment of Registration Fees or Payment of Underpaid Registration Fees)

Article 85 (Official Fees)

Article 86 (Full or Partial Exemption from Registration Fees and Other Official Fees)

Article 87 (Refunds of Registration Fees and Other Official Fees)

Article 88 (Design Register)

Article 89 (Issuance of Design Registration Certificates)

CHAPTER V DESIGN RIGHTS

Article 90 (Registration of Grant of Design Rights)

Article 91 (Duration of Design Rights)

Article 92 (Effects of Design Rights)

Article 93 (Scope of Protection of Registered Designs)

Article 94 (Limits of Design Rights)

Article 95 (Relationship with Other Persons’ Registered Designs)

Article 96 (Transfer and Joint Ownership of Design Rights)

Article 97 (Exclusive Licenses)

Article 98 (Effects of Registration of Design Rights and Exclusive Licenses)

Article 99 (Non-Exclusive Licenses)

Article 100 (Non-Exclusive Licenses by Prior Use)

Article 101 (Non-Exclusive Licenses by Earlier Application)

Article 102 (Non-Exclusive Licenses Based on Working Prior to Registration of Claim for Ruling of Invalidation)

Article 103 (Non-Exclusive Licenses After Expiration of Duration of Design Right)

Article 104 (Effects of Registration of Non-Exclusive Licenses)

Article 105 (Abandonment of Design Rights)

Article 106 (Limitations on Abandonment of Design Rights)

Article 107 (Effects of Abandonment)

Article 108 (Pledge)

Article 109 (Subrogation of Pledge)

Article 110 (Non-Exclusive Licenses Subsequent to Transfer of Design Rights by Exercise of Pledge)

Article 111 (Extinguishment of Design Right in Absence of Heir)

Article 112 (Title of Execution on Consideration and Compensation)

CHAPTER VI PROTECTION OF OWNERS OF DESIGN RIGHTS

Article 113 (Rights to Prohibit Infringement)

Article 114 (Acts Deemed Infringement)

Article 115 (Estimation of Damages)

Article 116 (Presumption of Negligence)

Article 117 (Restoration of Reputation of Design Right-Holders)

Article 118 (Submission of Documents)

CHAPTER VII TRIAL

Article 119 (Trials on Determination to Dismiss Amendment without Prejudice)

Article 120 (Trials on Determination to Reject Applications for Design Registration or to Revoke Design Registration)

Article 121 (Trials to Invalidate Design Registration)

Article 122 (Trials to Confirm Scope of Design Rights)

Article 123 (Trials for Granting Non-Exclusive Licenses)

Article 124 (Application Mutatis Mutandis of Provisions Regarding Examination to Trials on Determination to Reject Applications for Design Registration)

Article 125 (Petition for Joint Trial)

Article 125-2 (State-Appointed Attorney)

Article 126 (Formalities of Petitions for Trials)

Article 127 (Formalities for Petitions for Trials on Determination to Reject Applications for Design Registration)

Article 128 (Dismissal of Petition for Trial without Prejudice)

Article 129 (Rulings to Dismiss Petitions for Trials with Incurable Defects)

Article 130 (Administrative Patent Judge)

Article 131 (Designation of Administrative Patent Judges)

Article 132 (Designation of Chief Administrative Patent Judge)

Article 133 (Panel for Trial)

Article 134 (Submission of Written Replies)

Article 135 (Disqualification of Administrative Patent Judges)

Article 136 (Requests for Disqualification)

Article 137 (Challenge to Administrative Patent Judges)

Article 138 (Prima Facie Case for Disqualification or Challenge)

Article 139 (Decision on Motion for Disqualification or Challenge)

Article 140 (Suspension of Trial Proceedings)

Article 141 (Avoidance by Administrative Patent Judges)

Article 142 (Hearings)

Article 141-2 (Submission of Written Opinions of Expert Witnesses)

Article 143 (Intervention)

Article 144 (Petitions for Intervention and Decisions Thereon)

Article 145 (Examination and Preservation of Evidence)

Article 146 (Continuation of Trial Proceedings)

Article 146-2 (Principle of Timely Submission)

Article 147 (Ex Officio Trial Examinations)

Article 148 (Consolidation or Severance of Hearings or Rulings)

Article 149 (Withdrawal of Petition for Trial)

Article 150 (Trial Decision)

Article 151 (Res Judicata)

Article 152 (Relationship to Litigation)

Article 152-2 (Referral to Committee for Mediation of Disputes over Industrial Property Rights)

Article 153 (Cost of Trial)

Article 154 (Title of Execution of Cost of Trial or Consideration)

Article 155 (Special Provisions concerning Trial on Determination to Reject Application for Design Registration)

Article 156 (Effects of Proceedings of Examination or Petition to Oppose Registration of Partially-Examined Designs)

Article 157 (Cancellation of Decision to Reject Application for Design Registration)

CHAPTER VIII RETRIALS AND LITIGATION

Article 158 (Petitions for Retrials)

Article 159 (Petitions to Oppose Decision Obtained by Fraud)

Article 160 (Deadlines for Petition for Retrial)

Article 161 (Restrictions on Effects of Design Right Restored by Retrial)

Article 162 (Non-Exclusive Licenses for Prior Users of Design Right Restored by Retrial)

Article 163 (Non-Exclusive Licenses for Former Right-Holders, Deprived of Non-Exclusive Licenses by Retrial)

Article 164 (Application Mutatis Mutandis of Provisions concerning Trials to Retrials)

Article 165 (Application Mutatis Mutandis of the Civil Procedure Act)

Article 166 (Appeals against Trial Decision)

Article 167 (Standing to Be Sued)

Article 168 (Notification of Lawsuit and Sending of Authenticated Copy of Written Judgment)

Article 169 (Cancellation of Trial Decision or Ruling)

Article 170 (Lawsuit against Trial Decision or Ruling on Consideration)

Article 171 (Defendants in Lawsuit on Consideration)

Article 172 (Patent Attorney’s Fee and Cost of Litigation)

CHAPTER IX INTERNATIONAL APPLICATIONS UNDER THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS

SECTION 1 International Applications via Korean Intellectual Property Office

Article 173 (International Applications)

Article 174 (Persons Entitled to File International Applications)

Article 175 (Procedures for International Applications)

Article 176 (Effective Date of Submission of International Applications and Other Documents)

Article 177 (Examinations of Contents)

Article 178 (Payment of Transmittal Fee)

SECTION 2 Applications for International Design Registration

Article 179 (Applications for International Design Registration)

Article 180 (Special Cases concerning Requirements for Design Registration)

Article 181 (Special Cases concerning Applications for Design Registration)

Article 182 (Special Cases concerning Filing Dates of Applications)

Article 183 (Withdrawal of Applications for International Design Registration or Renunciation of Internationally Registered Design Rights Following Termination of International Registration)

Article 184 (Special Cases concerning Secret Designs)

Article 185 (Inspection of Applications for International Design Registration subject to Requests for Deferment of Publication of International Registration)

Article 186 (Special Cases concerning Amendments to Applications)

Article 187 (Special Cases concerning Divided Applications)

Article 188 (Special Cases concerning Priority Claims under Treaty)

Article 189 (Special Cases concerning Publication of Applications)

Article 190 (Special Cases concerning Effects of Publication of Applications)

Article 191 (Special Cases concerning Succession to Rights to Have Design Registered)

Article 192 (Special Cases concerning Expedited Examination)

Article 193 (Special Cases concerning Decisions to Reject)

Article 194 (Special Cases concerning Notification of Grounds for Rejection)

Article 195 (Special Cases concerning Ex Officio Amendments)

Article 195-2 (Special Cases concerning Ex Officio Re-Examination after Determinations to Accept Applications for Design Registration)

Article 196 (Special Cases concerning Registration Fees and Official Fees)

Article 197 (Special Cases concerning Refund of Registration Fees and Official Fees)

Article 198 (Special Cases concerning Registration of Grant of Design Rights)

Article 199 (Special Cases concerning Duration of Design Rights)

Article 200 (Special Cases concerning Scope of Protection of Registered Designs)

Article 201 (Special Cases concerning Effects of Registration of Design Rights)

Article 202 (Special Cases concerning Renunciation of Design Rights)

Article 203 (Effects of Correction of International Register)

Article 204 (Special Cases concerning Rights to Seek Injunction against Infringements)

Article 205 (Special Cases concerning Inspection of Documents)

CHAPTER X SUPPLEMENTARY PROVISIONS

Article 206 (Inspection of Documents)

Article 207 (Prohibition against Removal or Disclosure of Documents Relating to Applications, Examinations, and Trials)

Article 208 Deleted.

Article 209 (Service of Documents)

Article 210 (Service by Public Notice)

Article 211 (Service on Non-Residents)

Article 212 (Design Gazette)

Article 213 (Submission of Documents)

Article 214 (Indication of Design Registration)

Article 215 (Prohibition of False Indication)

Article 216 (Restrictions on Appeals)

Article 217 (Orders to Maintain Confidentiality)

Article 218 (Revocation of Orders of Confidentiality)

Article 219 (Notification of Requests for Permission for Inspection of Trial Records)

CHAPTER XI PENALTY PROVISIONS

Article 220 (Infringements)

Article 221 (Perjury)

Article 222 (Offense of False Indication)

Article 223 (Offense of Fraud)

Article 224 (Breach of Orders for Confidentiality)

Article 225 (Offense of Divulging Secrets)

Article 226 (Legal Fiction as Public Official of Executive Officers and Employees of Specialized Organizations)

Article 227 (Joint Penalty Provisions)

Article 228 (Confiscation)

Article 229 (Administrative Fines)

ADDENDA <Act No. 11848, May 28, 2013>

ADDENDA <Act No. 11962, Jul. 30, 2013>

ADDENDA <Act No. 12288, Jan. 21, 2014>

ADDENDA <Act No. 13840, Jan. 27, 2016>

ADDENDA <Act No. 14032, Feb. 29, 2016>

ADDENDA <Act No. 14686, Mar. 21, 2017>

ADDENDUM <Act No. 15579, Apr. 17, 2018>

ADDENDUM <Act No. 16203, Jan. 8, 2019>

ADDENDA <Act No. 17526, Oct. 20, 2020>

ADDENDA <Act No. 17725, Dec. 22, 2020>

ADDENDA <Act No. 18093, Apr. 20, 2021>

ADDENDA <Act No. 18404, Aug. 17, 2021>

ADDENDA <Act No. 18500, Oct. 19, 2021>

ADDENDA <Act No. 18815, Feb. 3, 2022>

ADDENDA <Act No. 18886, Jun. 10, 2022>

ADDENDA <Act No. 18998, Oct. 18, 2022>

ADDENDA <Act No. 19494, Jun. 20, 2023>

ADDENDA <Act No. 19710, Sep. 14, 2023>

ADDENDA <Act No. 20200, Feb. 6, 2024>