ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF AND SUPPORT FOR INVENTION EDUCATION
Presidential Decree No. 28292, Sep. 15, 2017
Amended by Presidential Decree No. 31379, Jan. 5, 2021
Presidential Decree No. 32627, May 9, 2022
Presidential Decree No. 33043, Dec. 9, 2022
| Article 2 (Formulation, etc. of Master Plans for Implementation Education) |
| 1. | The Minister of Strategy and Finance; |
| 2. | The Minister of Education; |
| 3. | The Minister of Science, Information and Communications Technology (ICT); |
| 4. | The Minister of Culture, Sports and Tourism; |
| 5. | The Minister of Trade, Industry and Energy; |
| 6. | The Minister of Employment and Labor; |
| 7. | The Ministry of Gender Equality and Family; |
| 8. | The Minister of Small and Medium Enterprises (SMEs) and Startups; |
| 9. | The heads of other central administrative agencies the Commissioner of the Korean Intellectual Property Office should consult with whom to implement invention education efficiently. |
| 2. | Matters concerning supporting invention education for educationally underprivileged groups under Article 8 of the Act; |
| 4. | Matters concerning the curricula and subjects of invention education. |
| (3) | “Where amending minor matters prescribed by Presidential Decree” in the proviso to Article 4 (4) of the Act, means any of the following cases: |
| 1. | Changing the scale of the total project cost specified in the master plan for invention education formulated under Article 4 (1) of the Act (hereinafter referred to as “master plan”) by not more than ten percent thereof; |
| 2. | Amending the master plan to reflect any amendment of the Act or this Decree, or following enactment, amendment or repeal of any other statute; |
| 3. | Correcting any miscalculation, clerical error or omission, or amending any matter that does not affect the basic direction of the master plan, based on a well-founded ground. |
| (4) | The Commissioner of the Korean Intellectual Property Office shall formulate the master plan by November 30 of the year preceding implementation. |
| Article 3 (Formulating, etc. of Implementation Plans for Invention Education) |
| (1) | The Commissioner of the Korean Intellectual Property Office and educational superintendents (hereinafter referred to as “educational superintendent”) of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, and the Special Self-Governing Province, shall formulate an annual implementation plan (hereinafter referred to as “implementation plan”) which includes the following pursuant to Article 4 (3) of the Act: Provided, That the matters referred to in subparagraphs 5 and 6 need not be included in an annual implementation plan formulated by the educational superintendents: |
| 1. | Matters concerning operating invention education in elementary, middle and high schools; |
| 2. | Policies for discovering and disseminating exemplary invention education practices; |
| 3. | Matters concerning training teachers specializing in invention education; |
| 4. | Schemes for raising and managing financial resources for invention education; |
| 5. | Matters concerning operating invention education in universities, colleges and graduate schools; |
| 6. | Matters concerning support to educate small and medium enterprises in industrial property rights; |
| 7. | Other matters necessary for promoting and supporting invention education. |
| (2) | The Commissioner of the Korean Intellectual Property Office and the educational superintendents shall formulate an implementation plan by December 31 of the year preceding implementation. |
| (3) | Upon formulating or amending an implementation plan, an educational superintendent shall notify the Korean Intellectual Property Office and the schools and institutions under his/her jurisdiction of the formulated or amended implementation plan. |
| Article 4 (Establishment of Consultative Council on Invention Education) |
| (1) | The Consultative Council on Invention Education (hereinafter referred to as the “Consultative Council”) shall be established under the Commissioner of the Korean Intellectual Property Office in order to consult about matters concerning formulating and implementing master plans and implementation plans formulated by the Commissioner of the Korean Intellectual Property Office. |
| (2) | The Consultative Council shall consult about the following: |
| 1. | Matters concerning formulating master plans and outcomes of implementing the same; |
| 2. | Matters concerning formulating implementation plans and outcomes of implementing the same; |
| 3. | Matters concerning promoting and supporting invention education; |
| 4. | Other matters deemed necessary by the Commissioner of the Korean Intellectual Property Office to implement invention education efficiently. |
| Article 5 (Composition and Operation of Consultative Council) |
| (1) | The Consultative Council shall consist of not more than 15 members, including one chairperson and one vice chairperson. |
| (2) | The Vice Commissioner of the Korean Intellectual Property Office shall be the chairperson of the Consultative Council and a person appointed by the Minister of Education, from among members in general service of the Senior Executive Service who belong to the Ministry of Education, shall be the vice chairperson thereof. |
| (3) | The following persons shall be the members of the Consultative Council: |
| 1. | Each person appointed respectively by the heads of the relevant central administrative agencies from among members in general service of the Senior Executive Service who belong to the Ministry of Economy and Finance; the Ministry of Education; the Ministry of Science, Information and Communications Technology (ICT); the Ministry of Culture, Sports and Tourism; the Ministry of Trade, Industry and Energy; the Minister of Employment and Labor; the Ministry of Gender Equality and Family; the Ministry of Small and Medium Enterprises (SMEs) and Startups; and other central administrative agencies deemed necessary by the chairperson; |
| 2. | Persons appointed by the Commissioner of the Korean Intellectual Property Office from among members in general service of the Senior Executive Service who belong to the Korean Intellectual Property Office. |
| (4) | The chairperson shall convene and preside over meetings of the Consultative Council. |
| (5) | The Consultative Council shall have one secretary to manage its administrative affairs, appointed by the Commissioner of the Korean Intellectual Property Office from among public officials of the Korean Intellectual Property Office. |
| (6) | Except as expressly provided for in paragraphs (1) through (5), matters necessary for operating the Consultative Council shall be determined by the chairperson following deliberation by the Consultative Council. |
| Article 6 (Request for Cooperation from the National Education Commission) |
The Commissioner of the Korean Intellectual Property Office may request matters necessary for including invention education in the curricula of kindergartens, and elementary, middle, and high schools from the National Education Commission pursuant to Article 7 (2) of the Act after consulting with the Consultative Council. <Amended on May 9, 2022> [Title Amended on May 9, 2022]
| Article 6-2 (Standards for Certification of Invention Teachers) |
| (1) | Grades of certification of invention teachers under Article 9 (4) of the Act shall be classified into Master, Grade I, and Grade II, and all of the following requirements shall be satisfied to be certified as invention teachers: |
| 2. | A person shall have records on completion of invention education by grade of certification of invention teachers; |
| 3. | A person shall have practical experience in invention education by grade of certification of invention teachers (only applicable to Master or Grade I). |
| (2) | A person who intends to be certified as an invention teacher under Article 9 (4) of the Act shall submit an application for certification of an invention teacher to the Commissioner of the Korean Intellectual Property Office, along with documents proving that the requirements under the subparagraphs of paragraph (1) are satisfied. |
| (3) | Upon receipt of an application for certification under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall examine whether the standards for certification are satisfied and shall determine whether to grant certification. |
| (4) | The Commissioner of the Korean Intellectual Property Office shall issue a certificate to a person who files an application for certification, if the results of an examination suggest that the standards for certification are satisfied. |
| (5) | The effective period of certification shall be five years from the date certification is granted. |
| (6) | A person who intends to extend the effective period of certification prescribed in paragraph (5) shall submit an application for extending the effective period of certification to the Commissioner of the Korean Intellectual Property Office not later than one month to six months before the effective period expires. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for detailed standards by grade of certification, examination, an extension of the effective period, etc. shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. |
[This Article Newly Inserted on Dec. 9, 2022]
| Article 7 (Establishment of Invention Education Centers and Multi-Regional Invention Education Support Centers) |
| (1) | A central administrative agency or local government may formulate an establishment plan and consult with the Commissioner of the Korean Intellectual Property Office in order to establish an invention education center under Article 10 (1) of the Act and a multi-regional invention education support center under paragraph (2) of that Article (hereinafter referred to as “invention education center, etc.”). <Amended on Dec. 9, 2022> |
| (2) | The establishment plan referred to in paragraph (1) shall contain the following: <Amended on Dec. 9, 2022> |
| 4. | Operational regulation; |
| 5. | A plan for securing operating personnel, such as guidance teachers; |
| 6. | Status of facilities and equipment necessary for invention education, and a plan for securing such facilities and equipment; |
| 7. | A plan for raising necessary funds and a plan for managing such funds; |
| 8. | The date scheduled for establishing and operating the center; |
| 9. | Other matters determined by the Commissioner of the Korean Intellectual Property Office with respect to establishing and operating invention education centers, etc. |
[Title Amended on Dec. 9, 2022]
| Article 8 (Support for Operating Invention Education Centers) |
The Commissioner of the Korean Intellectual Property Office may provide the following support for invention education centers, etc.: <Amended on Dec. 9, 2022>
| 1. | Funding necessary for establishing, improving, etc. invention education centers, etc.; |
| 2. | Funding necessary for operating invention education centers, etc.; |
| 3. | Support for educational materials and programs for invention education; |
| 4. | Support for educating and training operating personnel, such as guidance teachers; |
| 4-2. | Support for dispatching specialists in invention education; |
| 5. | Other administrative support necessary for operating invention education centers, etc. |
[Title Amended on Dec. 9, 2022]
| Article 9 (Guidance Teachers at Invention Education Centers) |
| (1) | Guidance teachers who hold a certificate of qualification as a regular teacher shall be assigned to invention education centers, etc. and may be paid research funds, within the budget. <Amended on Dec. 9, 2022> |
| (2) | Invention education centers, etc. may hire employees in charge of assisting the affairs of invention education, within the budget. <Amended on Dec. 9, 2022> |
| (3) | A person certified as an invention teacher under Article 9 (4) of the Act may be preferentially assigned at an invention education center, etc. as a guidance teacher. <Newly Inserted on Dec. 9, 2022> |
[Title Amended on Dec. 9, 2022]
| Article 10 (Preparation and Management of Records on Education Provided by Invention Education Centers) |
| (1) | A central administrative agency or local government that establishes and operates an invention education center, etc. shall prepare and manage records on educating the persons who have completed the curricular operated by the invention education center, etc. <Amended on Dec. 9, 2022> |
| (2) | A central administrative agency or local government that establishes and operates an invention education center, etc. shall send records on educating students who attend schools referred to in Article 2 of the Elementary and Secondary Education Act, which are prepared as of January 31 each year, among the persons who have completed the curricular operated by the invention education center, etc., to the heads of the schools attended by such students by the last day of each academic year. <Amended on Dec. 9, 2022> |
| (3) | The heads of schools in receipt of records on education pursuant to paragraph (2) shall enter the content thereof in the relevant students’ school records. |
[Title Amended on Dec. 9, 2022]
| Article 11 (Designation as Invention Education Development Institutes) |
| (1) | An entity that intends to be designated as an invention education development institute pursuant to Article 11 (1) of the Act, shall meet all the following requirements: |
| 1. | It shall be an agency under the jurisdiction of the State or a local government, or a non-profit corporation or organization; |
| 2. | It shall have an exclusive organization that consists of at least three staff members to conduct affairs of invention education. In such cases, there shall be at least one staff member with at least three years’ experience in affairs related to invention education in the exclusive organization; |
| 3. | It shall have facilities and equipment necessary for performing the functions referred to in the subparagraphs of Article 11 (2) of the Act; |
| 4. | Deleted. <Jan. 5, 2021> |
| (2) | An entity that intends to be designated as an invention education development institute pursuant to Article 11 (1) of the Act, shall file an application for designation as or changing an invention education development institute in attached Form 1, with the Commissioner of the Korean Intellectual Property Office, along with documents verifying the following matters: <Amended on Jan. 5, 2021> |
| 1. | A plan for operating an invention education development institute; |
| 2. | Status of an exclusive organization and professional personnel necessary for providing invention education; |
| 3. | Status of facilities and equipment it holds; |
| 4. | Records of achieving research and development and providing support, etc. for invention education for the most recent three years (only applicable where such records exist). |
| (3) | Upon receipt of an application under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall verify the corporation registration certificate (only applicable to a corporation) by sharing administrative information under Article 36 (1) of the Electronic Government Act. <Amended on Jan. 5, 2021> |
| (4) | Upon receipt of an application under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall examine whether the application meets the designation requirements provided for in paragraph (1) and shall determine whether to designate the applicant as an invention education development institute within 30 days from the date of the application. |
| (5) | Where the Commissioner of the Korean Intellectual Property Office determines whether to make designation under paragraph (4), he or she may consider three-year records related to the functions specified in the subparagraphs of Article 11 (2) of the Act. <Newly Inserted on Jan. 5, 2021> |
| (6) | Upon designating an invention education development institute, the Commissioner of the Korean Intellectual Property Office shall issue a certificate of designation as an invention education development institute in attached Form 2, to the relevant applicant; and shall publish such designation on the website, etc. of the Korean Intellectual Property Office. <Amended on Jan. 5, 2021> |
| (7) | Where an invention education development institute designated under paragraph (6) intends to change any detail of its designation, it shall file an application in attached Form 1, with the Commissioner of the Korean Intellectual Property Office, along with documents verifying the changed matter. <Amended on Jan. 5, 2021> |
| Article 12 (Cancellation of Designation as Invention Education Development Institutes) |
| (1) | The Commissioner of the Korean Intellectual Property Office shall hold a hearing in order to cancel designation as an invention education development institute pursuant to Article 11 (3) of the Act. |
| (2) | Upon canceling designation as an invention education development institute pursuant to Article 11 (3) of the Act, the Commissioner of the Korean Intellectual Property Office shall, without delay, notify the head of the institution, corporation or organization designation of which is canceled, of such cancellation and publish the same on the website, etc. of the Korean Intellectual Property Office. |
| Article 13 (Entrustment of Duties) |
| 3. | To support invention education for educationally underprivileged groups under Article 8 of the Act; |
| 4. | To support teachers, teachers specializing in invention education, and pre-service teachers regarding training, refresher training, research activities, etc. under Article 9 (1) through (3) of the Act; |
| 4-2. | To support the duties regarding certification necessary for certification of invention teachers under Article 9 (4) of the Act, such as receipt, verification, and management of applications for certification; |
| 5. | To support the establishment and operation of invention education centers, etc. under Article 10 of the Act; |
| 6-3. | To support education on industrial property rights provided by lifelong education institutions under Article 12-3 of the Act; |
| 7. | To support education on industrial property rights for small and medium enterprises under Article 13 (1) of the Act and persons who engage in the duties related to industrial property rights under paragraph (2) of that Article; |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 15, 2017.
Article 2 (Special Cases concerning Formulation of Master Plans and Implementation Plans)
| (1) | Notwithstanding Article 2 (4), the first master plan to be formulated after this Decree enters into force shall be formulated by December 31, 2017. |
| (2) | Notwithstanding Article 3 (2), the first implementation plan to be formulated after this Decree enters into force shall be formulated by March 1, 2018. |
Article 3 Omitted.
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 begin to apply where procedures for designation or entrustment commence to make the designation or entrustment under the statutes or regulations amended by this Decree on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 32627, May 9, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 33043, Dec. 9, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 11, 2022.
Article 2 (Transitional Measures concerning Effective Period of Certification of Invention Teachers)
Where a person is certified as an invention teacher by the Commissioner of the Korean Intellectual Property Office as at the time this Decree enters into force, the effective period of such certification under the amended provisions of Article 6-2 (5) shall be counted from the date this Decree enters into force.