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The English version of the Intellectual Property
Laws of the Republic of Korea is provided
for convenience. However, in case of any differences
of interpretation, the Korean version takes
precedence. |
Act No. 951, Promulgated
on December 31, 1961
As last amended by Act No. 8476, May 17,
2007
[Design
Act Download] |
| |
| CHAPTER I GENERAL PROVISIONS |
| | Article 1 Purpose
Article 2 Definitions
Article 3 Persons Entitled to Obtain Design
Registration
Article 4 Mutatis Mutandis Application of the
Patent Act |
CHAPTER II REQUIREMENTS FOR DESIGN
REGISTRATION AND
DESIGN APPLICATIONS |
| | Article 5 Requirements for Design
Registration
Article 6 Unregistrable Designs
Article 7 Similar Designs
Article 8 Exception to Loss of Novelty
Article 9 Applications for Registration
Article 10 Joint Application
Article 11 A Single Application for a Single
Design
Article 11bis Application for Multiple Design
Registration
Article 12Design of a Set of Articles
Article 13 Secret Designs
Article 14 Application for Design Registration
Filed by an Unentitled Person and Protection
of the Lawful Holder of a Right
Article 15 Design Registration Granted to an
Unentitled Person and Protection of the Lawful
Holder of a Right
Article 16 First-to-File Rule
Article 17 Amendment of Procedure
Article 18 Amendment to Application and Change
of Gist
Article 18bis Rejection of Amendment
Article 19 Division of Applications for the
Registration of Designs
Article 20~22 Deleted
Article 23 Priority Claim under a Treaty
Article 23bis Laying Open an Application
Article 23ter Effect of Laying Open an Application
Article 23quater Transfer etc of the Right to
Obtain Design Registration
Article 23quinquies Furnishing of Information
Article 24 Mutatis Mutandis Application of the
Patent Act |
| CHAPTER III EXAMINATION |
| | Article 25 Examination by an Examiner
Article 26 Decision to Refuse Design Registration
Article 27 Notification of Reasons for Refusal
Article 28 Decision to Grant Design Registration
Article 29 Method of Deciding to Grant or Refuse
Design Registration
Article 29bis Opposition to the Registration
of an Unexamined Design
Article 29ter Amendment to Grounds for an Opposition
to Unexamined Design Registration etc
Article 29quater Collegial Body for Examinations
and Decisions etc
Article 29quinquies Decision on Opposition to
Unexamined Designs Registration
Article 30 Mutatis Mutandis Application of the
Patent Act |
| CHAPTER IV REGISTRATION FEES AND
REGISTRATION OF DESIGNS |
| | Article 31 Design Registration Fees
Article 31bis Abandonment for Each Design at
the Time of Paying Registration Fees
Article 32 Payment of Registration Fees by an
Interested Party
Article 33 Late Payment of Registration Fees
Article 33bis Remaining Payment of Registration
Fees
Article 33ter Restoration of an Application
for Design Registration or a Design Right by
Late Payment of Registration Fees etc
Article 34 Official Fees
Article 35 Reduction or Exemption of Registration
Fees or Official Fees
Article 36 Refund of Registration Fees etc
Article 37 Design Register
Article 38 Issuance of a Design Registration
Certificate
|
| CHAPTER V DESIGN RIGHT |
| | Article 39 Registration of Establishment
of a Design Right
Article 40 The Term of a Design Right
Article 41 Effects of a Design Right
Article 42 Design Right Related to a Similar
Design
Article 43 Scope of Protection of a Registered
Design
Article 44 Limitations of a Design Right
Article 45 Relationship with another Person¡¯s
Registered Design
Article 46 Assignment and Joint Ownership of
a Design Right
Article 47 Exclusive License
Article 48 Deleted
Article 49 Nonexclusive License
Article 50 Nonexclusive License by Virtue of
Prior Use
Article 51 Nonexclusive License Due to Working
before Registration of Demand for an Invalidation
Trial
Article 52 Nonexclusive License after a Design
Right Expires etc
Article 53 Abandonment of a Design Right
Article 54 Restriction on Abandonment of a Design
Right etc
Article 55 Effect of Abandonment
Article 56 Pledge
Article 57 Subrogation for the Right of a Pledge
Article 58 Nonexclusive License when Transferring
the Design Right by Exercising the Pledge Right
Article 59 Extinguishment of a Design Right
in the Absence of a Successor
Article 60 Deleted
Article 61 Mutatis Mutandis Application of the
Patent Act |
| CHAPTER VI PROTECTION OF OWNER OF
DESIGN RIGHT |
| | Article 62 Injunction against an
Infringement etc
Article 63 Acts Considered to be Infringing
Article 64 Presumption etc of the Amount of
Damages
Article 65 Presumption of Negligence
Article 66 Measures for Recovering the Reputation
of the Owner of a Design Right etc
Article 67 Mutatis Mutandis Application of the
Patent Act
|
| CHAPTER VII TRIAL |
| | Article 67bis Trial against a Decision
to Reject an Amendment
Article 67ter Trial against a Decision to Refuse
or Revoke Design Registration
Article 68 Trial to Invalidate a Design Registration
Article 69 Trial to Confirm the Scope of a Design
Right
Article 70 Trial for Granting a Nonexclusive
License
Article 71 Mutatis Mutandis Application of the
Provisions of Examination to Trial against the
Decision to Refuse Design Registration Mutatis
Mutandis Application of the Patent Act
|
| CHAPTER VIII RETRIAL AND LITIGATION |
| | |
| CHAPTER IX SUPPLEMENTARY PROVISIONS |
| | |
| CHAPTER X PENAL PROVISIONS |
| | |
| ADDENDUM |
| | |