07/01/2001 : Revised Industrial Design Law

DESIGN LAW

Law No. 951, Promulgated on Dec. 31, 1961
As Last Amended by Law No. 5354, Aug. 22, 1997

CHAPTER I

GENERAL PROVISIONS

Article 1 【Purpose】

The purpose of this Law shall be to encourage the creation of designs by ensuring their protection and utilization, so as to contribute to the development of industry.

Article 2 【Definitions】

The definitions of the terms used in this Law shall be as follows:
(ⅰ) "design" means the shape, pattern, or color, or a combination of these in an article (including part of an article, hereinafter the same except where Article 12 applies) which produces an aesthetic impression in the sense of sight;
(ⅱ) "registered design" means a design for which a design registration has been granted;
(ⅲ) "design registration" means registration of examined or unexamined designs;
(ⅳ) "examined design registration" means registration of a design that subject to examination as to whether it is completely qualified for registration;
(ⅴ) "unexamined design registration" means registration of a design that is subject to examination as to whether the application for a design registration satisfies the requirements for registration under this Law, with the exception of the requirements that are not applied under Article 26 (2).
(ⅵ) "working" of a design means any act of manufacturing, using, assigning, leasing, importing, or offering for assigning or leasing (including the displaying for the purpose of assignment or lease) the article to which the design has been applied.

Article 3 【Persons Entitled to Obtain Design Registration】

(1) Any person who creates a design or his successor shall be entitled to obtain a design registration therefor in accordance with this Law; however, employees of the Korean Intellectual Property Office and the Intellectual Property Tribunal shall not obtain design registration during their employment at the Office except in the case of inheritance or bequest.

(2) If two or more persons jointly create a design, the right to obtain a design registration shall be jointly owned.

Article 4 【Mutatis Mutandis Application of Provisions of the Patent Law】

The provisions of Articles 3 to 26 and 28 to 28-5 of the Patent Law shall apply mutatis mutandis to designs. In such cases, "Article 132ter" in Article 6, 11 (1)ⅳ, 15(1) and 17 of the same Law shall read "Article 67bis or 67ter".

CHAPTER II

REGISTRABILITY OF DESIGNS AND APPLICATIONS FOR REGISTRATION

Article 5 【Registrability of Designs】

(1) Designs that are industrially applicable may be registered unless they fall under any of the following subparagraphs:
(ⅰ) the design was publicly known or publicly worked in the Republic of Korea or in a foreign country prior to the filing of the design application;
(ⅱ) the design was described in a publication distributed in the Republic of Korea or in a foreign country prior to the filing of the design application; or
(ⅲ) the design is similar to a design referred to in subparagraph (i) or (ii).

(2) Where a design could easily have been created by a person having ordinary skill in the art to which the design pertains, on the basis of a shape, pattern or color or a combination thereof widely known in the Republic of Korea (other than a design referred to in any of the subparagraphs of paragraph (1)) prior to the filing of the design application, a design registration shall not be granted for such a design notwithstanding paragraph (1).

(3) Notwithstanding paragraph (1), a design registration shall not be granted where a design for which an application for registration has been filed is identical or similar to a part of a design indicated in a specification, represented in a drawing, photograph or sample attached to another application for design registration that was filed before and laid open or published after the filing date of the aforesaid design application.

Article 6 【Unregistrable Designs】

Notwithstanding Article 5, the following designs shall not be registrable:
(ⅰ) designs which are identical or similar to the national flag, national emblem, military flags, decorations, orders of merit, badges and medals of public organizations, national flags and national emblems of foreign countries, or characters or indications of international organizations;
(ⅱ) designs liable to contravene public order or morality; and
(ⅲ) designs liable to give rise to confusion with respect to articles connected with another person's business.
(ⅳ) designs consisting solely of a shape that is essential to secure the functions of the article.

Article 7 【Similar Designs】

(1) The owner of a design right or an applicant for a design registration is entitled to obtain a design registration which is similar only to his registered design or design for which an application for registration has been filed (hereinafter referred to as the "principal design") as a similar design (hereinafter referred to as a "similar design").

(2) Paragraph (1) shall not apply where a design that is similar only to a similar design registered or applied for registration under paragraph (1).

Article 8 【Exception to Loss of Novelty】

(1) Where a design owned by a person entitled to a design registration falls within one of the subparagraphs of Article 5(1), it shall be deemed that Article 5(1)(i) or (ii) shall not apply to said design or a similar design application filed by said design owner for a period of six months from the date prescribed in the applicable subparagraph under Article 5(1).

(2) A person who seeks to enjoy the provision under paragraph (1) shall, at the time of filing the application for a design registration, submit an application for a design registration specifying the purport of said intention to the Commissioner of the Korean Intellectual Property Office, and submit documents proving the relevant facts within thirty days from the date of application for design registration; however, this shall not apply where the designs concerned fall under each subparagraph of Article 5(1) against his will.

Article 9 【Applications for Registration】

(1) Any person desiring to obtain a design registration shall file an application for an examined design registration or an application for an unexamined design registration with the Commissioner of the Korean Intellectual Property Office, stating the following:
(ⅰ) the name and the domicile of the applicant for registration of a design (if a legal entity, the name and the place of business);
(ⅱ) the name and the domicile, or place of business, of the agent, if any (if a patent corporation, its title, and office location, and the name of an appointed patent attorney);
(ⅲ) Deleted;
(ⅳ) the article which is the object of the design;
(ⅳbis) whether the application is an application for an independent design registration, and whether the application is for a similar design registration;
(ⅴ) the registration or application number of the principal design (only where the applicant is applying for a design registration as a similar design under Article 7(1));
(ⅵ) the name and the domicile of the creator of the design; and
(ⅶ) matters prescribed in Article 23(3) (only when claiming a priority right).
<Proviso Deleted>

(2) An application for an examined design registration or the application for an unexamined design registration under paragraph (1) shall be accompanied by drawings of each design and indicate the following:
(ⅰ) the article that is the object of the design;
(ⅱ) an explanation of the design and the essentials of the creation;
(ⅲ) serialized numbering of the drawings of the design (only if the application is for a multiple design registration under Article 11(2))

(3) An applicant for a design registration may submit a photograph, or sample of the design instead of drawings as referred to in paragraph (2).

(4) A person desiring to file an application for an unexamined design registration shall indicate in the application for an unexamined design registration whether an application for multiple design registration is to be made under Article 11(2), and the number of designs in addition to matters falling under each subparagraph of paragraph (1).

(5) A person desiring to file an application for multiple design registration under Article 11(2) shall file an application for an unexamined design registration indicating the particulars prescribed under paragraph (1)(i), (ii) and each of the following subparagraphs:
(ⅰ) serialized numbering of the designs; and
(ⅱ) the particulars prescribed under subparagraphs (iv) to (vii) of paragraph (1).

(6) Designs qualifying for an unexamined design registration shall be limited to goods designated by the Ordinance of the Ministry of Commerce, Industry and Energy among goods classified by Article 11(2). In the case of the designated goods, an application may be made only for an unexamined design registration.

(7) Matters other than those as prescribed in paragraphs (1) to (6), which are necessary for the application for design registration, shall be determined by the Ordinance of the Ministry of Commerce, Industry and Energy.

Article 10 【Joint Application】

Where the right to obtain a design registration is jointly owned under Article 3(2), all joint owners shall jointly file an application for the registration of the design.

Article 11 【Scope of One Application】

(1) An application for an examined design registration shall relate to one design only.

(2) Any person desiring to file an application for a design registration may do so only with respect to the classes of articles prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

Article 11bis 【Application for Multiple Design Registration】

(1) An application for an unexamined design registration may be made for twenty designs or less (hereinafter referred to as an "application for multiple design registration"). In such cases, each design shall be represented separately.

(2) The scope of designs qualifying for application for multiple design registration shall be designs applied to goods under the same classification as the classification of goods prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

(3) A person desiring to file an application for multiple design registration may file an application for a similar design registration falling within the category of a principal design, together with the principal design.

(4) Where a person files an application for multiple design registration of designs similar to his registered design or a design for which a design registration is applied, he may file an application for a multiple design registration only with respect to similar designs belonging to one principal design, notwithstanding the provisions of paragraph (3).

Article 12 【Design of a Set of Articles】

(1) Where a design relating to two or more articles that are used together as a set of articles, a design registration shall be granted for the application as one design, provided that the set of articles constitutes a coordinated whole.

(2) Sets of articles referred to in paragraph (1) shall be governed by the Ordinance of the Ministry of Commerce, Industry and Energy.

(3) Deleted

Article 13 【Secret Designs】

(1) An applicant for a design registration may request that the design be kept secret for a period which shall be designated in the request and which shall not exceed three years from the date on which the establishment of the design right was registered. For a design for which an application for multiple design registration has been made, the request shall be made for all designs for which a design registration is applied.

(2) A person desiring to make a request under paragraph (1) shall, at the time of filing of the application for a design registration, state the designated period in the application and submit it to the Commissioner of the Korean Intellectual Property Office.

(3) The applicant for a design registration, or the owner of a design right, may reduce or extend the period designated by him under paragraph (1) by a request. Where he extends that period, it shall not exceed three years from the date of registration of the establishment of the design right.

(4) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall allow persons to have access to a design kept secret under paragraph (1):
(ⅰ) where the request is made by a person who has obtained the consent of the owner of the design right;
(ⅱ) where the request is made by a party or an intervener in examination, opposition to registration of an unexamined design, trial, retrial or litigation proceedings relating to a design identical with or similar to the design kept secret;
(ⅲ) where the request is made by a person who has clearly stated that he was warned of infringement of the registered design; or
(ⅳ) where the request is made by a court or the Intellectual Property Tribunal.

(5) In cases concerning a request for laying-open of application under Article 23(2), the request pursuant to paragraph (1) shall be deemed to have been withdrawn.

Article 14 【Application for the Registration of a Design Filed by an Unentitled Person; Protection of Lawful Holder of Right】

If a design registration cannot be granted on the ground that an application has been filed by a person who has not succeeded to the right to obtain a design registration or who has laid a false claim to such right (hereinafter referred to as "the unentitled person"), a subsequent application filed by the lawful holder of the right shall be deemed to have been filed on the date of the application previously filed by the unentitled person. However, this provision shall not apply, where the subsequent application is filed by the lawful holder of the right more than thirty days after the application by the unentitled person was rejected.

Article 15 【Design Registration Granted to Unentitled Person; Protection of Lawful Holder of Right】

If a design registration is revoked or invalidated by a trial decision for lack of entitlement to obtain a design registration under the provisions of Article 3(1), a subsequent application for a design registration filed by the lawful holder of the right shall be deemed to have been filed on the date of filing of the application which led to the grant of the design registration that was revoked or invalidated; however, this provision shall not apply if the subsequent application is filed more than thirty days after the decision to revoke or to invalidate it became final and conclusive.

Article 16 【First-to-File Rule】

(1) Where two or more applications for a design registration relating to the same or a similar design are filed on different dates, only the applicant filing the application having the earlier filing date may obtain a design registration for the design.

(2) Where two or more applications for a design registration relating to the same or a similar design are filed on the same date, only the person agreed upon by all applicants after consultation may obtain a design registration for the design and, if no agreement is reached or no consultation is possible, none of the applicants shall obtain a design registration therefor.

(3) Where an application for a design registration is withdrawn or invalidated, such application shall, for the purposes of paragraphs (1) and (2), be deemed to have never been filed.

(4) An application for a design registration filed by a person who is not the creator of the design, nor the successor in title to the right to obtain design registration shall, for the purposes of paragraphs (1) and (2), be deemed never to have been filed.

(5) The Commissioner of the Korean Intellectual Property Office shall, in the case provided for in paragraph (2), order the applicants to notify him of the results of the consultation within a designated period. If such a report is not submitted within the designated period, the applicants shall be deemed not to have concluded to an agreement within the meaning of paragraph (2).

Article 17 【Amendment of Procedure】

The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal may order correction of a procedure relating to a design within a designated period:
(ⅰ) where the requirements of Article 3(1) or (6) of the Patent Law applied under Article 4 of this Law have not been complied with;
(ⅱ) where the procedure has not complied with the formalities specified in this Law or a Presidential Decree; or
(ⅲ) where the fees required in accordance with Article 34 have not been paid.

Article 18 【Amendment to Application and Change of Gist】

(1) An applicant for a design registration may amend a specification or a drawing attached to an application; provided that, the gist of the specification and the drawing attached to the original application has not been changed before transmittal of the examiner's first decision to either grant or refuse a design registration under the provisions of Article 28 (hereinafter referred to as "decision to grant or refuse a design registration"). However, if a request for a trial against the examiner's decision to refuse a design registration is filed, the applicant may amend the specification or the drawing within thirty days from the filing date of such request.

(2) Where an amendment under paragraph (1) is recognized as a change of gist of the specification or the drawing originally attached to the application after the date on which the establishment of the design right was registered, the application for registration of such design shall be deemed to have been filed at the date of filing of such amendment.

Article 18bis 【Rejection of Amendment】

(1) Where an amendment to a specification or drawing attached to an application under the provisions of Article 18 changes the gist thereof, the examiner shall reject the amendment by decision.

(2) Where a decision to reject an amendment under paragraph (1) has been made, the examiner's decision to grant or refuse a design registration for the concerned application for design registration shall not be rendered until a period of thirty days elapses from the date of transmittal of the certified copy of said decision.

(3) Where an applicant has requested a trial under Article 67bis against a decision to reject an amendment under paragraph (1), the examiner shall suspend examination of the application for design registration until the trial decision has become final and conclusive.

(4) The decision to reject an amendment under paragraph (1) shall be made in writing and shall state the reasons therefor.

Article 19 【Division of Applications for the Registration of Designs】

(1) A person falling under any of the following subparagraphs may divide a part of his application for a design registration into one or more new applications.
(ⅰ) a person who has made an application for registration of two or more designs in contravention of Article 11;
(ⅱ) a person who has made an application for multiple design registration; or
(ⅲ) Deleted.

(2) Such divisional applications shall be deemed to have been filed at the time of filing of the original application. However, this provision shall not apply for the purposes of Article 8(2) or Article 23(3) and (4).

(3) A division of an application for a design registration under paragraph (1) may be made within the time limit provided for amendment under Article 18(1).

(4) Deleted.

Article 20 【Conversion of Application】

(1) An applicant may convert his application for a similar design registration into an application for an independent design registration. In such a case, the application for an independent design registration shall be deemed to have been filed at the time of filing of the application for a similar design registration. However, this provision shall not apply for the purposes of Article 8(2) or Article 23(3) and (4).

(2) An applicant may convert his application for an independent design registration into an application for a similar design registration. In such a case, the application for a similar design registration shall be deemed to have been filed at the time of filing of the application for an independent design registration. However, this provision shall not apply for the purposes of Article 8(2) or Article 23(3) and (4).

(3) No conversion of an application under Paragraphs (1) and (2) may be made after an examiner's decision to grant or refuse a design registration or a trial decision on the initial application for the design or the similar design registration becomes final and conclusive.

(4) Deleted.

Article 20bis 【Conversion of Application for Registration of Unexamined Designs, etc.】

(1) Where a person makes an application for an unexamined design registration in respect of articles subject to an examined design registration, or vice versa, in contravention of Article 9(6), he may convert the application for a design registration into an application for an examined design registration or an unexamined design registration.

(2) An application for a design registration converted by paragraph (1) shall be deemed to have been made when an initial application for a design registration is made. However, this shall not apply for the purposes of Article 8(2) or Article 23(3) and (4).

(3) A conversion of an application under paragraph (1) may not be made after decision to grant or refuse a design registration or a trial decision on the initial application for a design registration has been made.

(4) Deleted.

Article 21 Deleted

Article 22 Deleted

Article 23 【Priority Claim under Treaty】

(1) When a national of a member country of a treaty, which recognizes under the treaty a right of priority for an application filed by a national of the Republic of Korea, claims a right of priority for an application for a design registration in the Republic of Korea on the basis of the prior application for the same design filed in his country or in one of said countries, the filing date of the prior application in the foreign country shall be deemed to be the filing date in the Republic of Korea for the purposes of Article 5 and 16. Where a national of the Republic of Korea has filed an application for a design registration in a country which recognizes, under a treaty, a right of priority for an application for a design registration filed by nationals of the Republic of Korea, and claims the right of priority for the application for a design registration in the Republic of Korea on the basis of the prior application for the same design in said country, this provision shall also apply.

(2) A person intending to claim a right of priority shall file an application for a design registration within six months from the filing date of the prior application serving as the basis for claiming the right of priority.

(3) A person intending to claim a right of priority in accordance with paragraph (1) shall, at the time of filing the application for a design registration, specify such claim, the name of the country in which the prior application was filed, and the filing date of such application, in the application for a design registration.

(4) A person who has claimed a right of priority in accordance with paragraph (3) shall submit a written statement setting forth the filing date of the application, certified by the government of the country where the prior application was filed, and a certified copy of the drawing of the design, to the Commissioner of the Korean Intellectual Property Office within three months from the filing date of the application for a design registration.

(5) Where a person who has claimed a right of priority in accordance with paragraph (3) fails to submit the document prescribed in paragraph (4) within the required time limit, the claim to the right of priority shall lose its effect.

Article 23bis 【Laying Open of Application】

(1) An applicant for an examined design registration may request the laying open of his/her application by the Ordinance of the Ministry of Commerce, Industry and Energy.

(2) Where the request for the laying open of an application is made under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall lay open the design application in the Design Gazette in accordance with Article 78. However, the Commissioner of the Korean Intellectual Property Office may not lay open the application in cases where the design falls under any of the following subparagraphs:
(ⅰ) is liable to contravene public order or morality; or
(ⅱ) should be kept secret under Article 41 of the Patent Law, applied mutatis mutandis under Article 24 of the Design Law.

(3) The request for the laying open of an application prescribed in paragraph (1) shall not be available after initial certified copies of the decision to grant or refuse a design registration on the application for the design registration have been transmitted.

(4) Deleted.

Article 23ter 【Effects of Laying Open Applications】

(1) After an application is laid open, the applicant may give warning to any person who has commercially or industrially worked the filed design or a design similar thereto, in writing, indicating that an application for a design registration has been filed.

(2) The applicant may demand a person, who has been warned under the provisions of paragraph (1), or worked the filed design or a design similar thereto knowing that the design has been laid open, to pay compensation in an amount equivalent to what he would normally receive for the working of the design registered or a design similar thereto from the time of warning or the time when he/she became aware of the fact that the design application had been filed to the time of registration of the filed design.

(3) The right to demand compensation under paragraph (2) may be exercised only after registration of the filed application.

(4) The exercise of the right to demand compensation under paragraph (2) shall not preclude the exercise of the design right.

(5) Articles 63 and 67 of the Design Law and Articles 760 and 766 of the Civil Code shall apply mutatis mutandis to the exercise of the right to demand compensation under paragraph (1). In such case, "the time when the damaged party or his legal representative became aware of such damage and of the identity of the person causing it" in Article 766 of the Civil Code shall read "the date of registration of the design right".

(6) Where an application for a design registration is abandoned, invalidated or withdrawn after the laying open of the application, a decision to refuse the design registration, a decision to revoke a design registration under Article 29-5 (3), or a trial decision to invalidate a design registration under Article 68 (except where Article 68 (1)(iv) applies) has become final and conclusive, the right under paragraph (2) shall be deemed to have never existed.

Article 23quater 【Transfer, etc. of Right to Obtain Registration of Design】

(1) The right to obtain registration of a design may be transferable. However, the right to obtain a principal design and the right to obtain a similar design shall be transferred together.

(2) The right to obtain registration of a design may not be pledged.

(3) Where the ownership of the right to obtain registration of a design is held jointly by two or more persons, none of the joint owners may assign his/her share without obtaining consent from all the other joint owners.

Article 23quinquies 【Furnishing of information】

Any person may furnish the Commissioner of the Korean Intellectual Property Office with information about a design for which an application for design registration has been filed together with evidence to the effect that the concerned design is unregistrable under any of the subparagraphs of Article 26 (1).

Article 24 【Mutatis Mutandis Application of Provisions of the Patent Law】

The provisions of Articles 38 to 41 of the Patent Law shall apply mutatis mutandis to the registrability of designs and to applications for a design registration.

CHAPTER Ⅲ

EXAMINATION

Article 25 【Examination by Examiner】

(1) The Commissioner of the Korean Intellectual Property Office shall have applications for a design registration and oppositions to an unexamined design registration examined by an examiner.

(2) The qualifications for the examiners shall be prescribed by Presidential Decree.

Article 26 【Decision to Refuse Design Registration】

The examiner shall make a decision to refuse a design registration where it falls under any of the following subparagraphs (hereinafter referred to as "reasons for refusal"):
(ⅰ) Where the design in the application for a design registration is not registrable in accordance with Articles 5 to 7, 9(6), 10 to 12, 16(1) and (2) of this Law or Article 25 of the Patent Law as applied under Article 4 of this Law;
(ⅱ) Deleted.
(ⅲ) Where a person shall not be entitled to obtain a design registration under the provision of Article 3 (1), or where the design in the application for a design registration is not registrable under the proviso of Article 3 (1);
(ⅳ) Where an application for a design registration is in violation of the provisions of a treaty; or
(ⅴ) Where an application for a similar unexamined design registration falls under any of the following subparagraphs:
(a) where a design which is registered as a similar design or a design for which a similar design registration is applied, is indicated as a principal design;
(b) where the term of the design right of a principal design has expired; or
(c) where an application for a principle unexamined design registration has been invalidated, withdrawn or abandoned, or where a decision to refuse a design registration becomes final and conclusive.
(d) where an applicant for a similar unexamined design registration is not identical with the owner of a design right relating to a principle design or an applicant for a principle design registration.
(e) where a design for which a similar unexamined design registration is applied is not similar to a principle design.

(2) Notwithstanding paragraph (1), Articles 5, 7, 11(1), 16(1) and (2) shall not apply to an application for an unexamined design registration (except where the design is industrially applicable under provisions other than those prescribed in the subparagraphs of Article 5(1)).

Article 27 【Notification of Reasons for Refusal】

(1) When the examiner intends to make a decision to refuse a design registration under Article 26, he shall notify the reason for refusal (referring to reasons falling under any of the subparagraphs of Article 26(1), hereinafter referred to as "reason for refusal") to the applicant for design registration, and give him an opportunity to submit a written opinion within a designated time limit.

(2) Where there are reasons for refusal with respect to some of the designs in an application for multiple design registration, the serial number of the designs concerned, the article that is the object of the design and the reasons for refusal shall be indicated.

Article 28 【Decision to Grant a Design Registration】

Where an examiner finds no reason for refusing an application for the registration of a design, he shall render a decision to grant a design registration.

Article 29 【Method of Decision to Grant or Refuse a Design Registration】

(1) The examiner's decision to grant or refuse a design registration shall be in writing and shall state the reasons therefor.

(2) When the examiner's decision to grant or refuse a design registration has been made, the Commissioner of the Korean Intellectual Property Office shall transmit a certified copy of the decision to the applicant for the design registration.

Article 29bis 【Opposition to the Registration of an Unexamined Design】

(1) From the date of registration of establishment of a design right under an application for an unexamined design registration to three months after the date of publication of an unexamined design registration, any person may file an opposition to the grant of the design right with the Commissioner of the Korean Intellectual Property Office based on the ground that the registration falls under any of the following subparagraphs. For registration of designs under an application for multiple design registration, an opposition may be filed for each design.
(ⅰ) where the design in the application for a design registration is in violation of Articles 5, 6, 7(1), 10, 16(1) and (2) of this Law or Article 25 of the Patent Law as applied under Article 4 of this Law;
(ⅱ) where a person shall not be entitled to obtain a design registration under the provision of Article 3 (1) or the design in the application for design registration is not registrable under the proviso of Article 3 (1); or
(ⅲ) where an application for a design registration is in violation of the provisions of a treaty.

(2) A person filing an opposition to an unexamined design registration shall submit an application for opposition to an unexamined design registration, to the Commissioner of the Korean Intellectual Property Office which shall state the following, together with supporting evidence:
(ⅰ) the name and address of the person filing the opposition against the unexamined design registration (if a legal entity, the title, place of business);
(ⅰbis) the name and the domicile, or place of business, of the agent, if any (if a patent corporation, its title, office location, and the name of the appointed patent attorney);
(ⅱ) the indication of the registered design(s) subject to the opposition to an unexamined design registration;
(ⅲ) the purpose of the opposition to an unexamined design registration; and
(ⅳ) the grounds for the opposition to an unexamined design registration and indication of supporting evidences.

(3) When an opposition to an unexamined design registration is filed, the presiding trial examiner appointed under Article 29quater(3) shall transmit a certified copy of the opposition to an unexamined design registration to the owner of the registered design right subject to the opposition and give him an opportunity to submit a written reply within a designated time limit.

(4) The provision of Article 68(6) shall apply mutatis mutandis to the filing of an opposition to an unexamined design registration under paragraph (1).

Article 29ter 【Amendment to Grounds for Opposition to Unexamined Design Registration, etc.】

A person filing an opposition to an unexamined design registration may amend the grounds or evidence indicated on the written opposition to an unexamined design registration within thirty days from the date of filing of the said opposition.

Article 29quater 【Collegial Body for Examination and Decision, etc.】

(1) A collegial body consisting of three examiners shall examine and decide an opposition to an unexamined design registration.

(2) The Commissioner of the Korean Intellectual Property Office shall designate examiners constituting a collegial body for each opposition to an unexamined design registration.

(3) The Commissioner of the Korean Intellectual Property Office shall appoint one of the examiners designated by paragraph (2) as a presiding examiner.

(4) The provisions of Articles 144(2), 145(2) and 146 (2), (3) of the Patent Law shall apply mutatis mutandis to the collegial body of examiners and the presiding examiner.

Article 29quinquies 【Decision on Opposition to Unexamined Designs Registration】

(1) The examiner shall make a decision on the opposition to an unexamined design registration after the time limits provided under Articles 29bis(3) and 29ter have lapsed.

(2) Notwithstanding Article 29bis(3), where a person filing a opposition to an unexamined design registration fails to submit the grounds and evidence thereon, the presiding trial examiner may reject an opposition to an unexamined design registration by decision after the time limits provided under the provisions of Article 29ter have lapsed.

(3) Where it is deemed that an opposition to an unexamined design registration has merit, the collegial body of examiners shall make a decision to revoke the registered design (hereinafter referred to as a "decision to revoke a design registration".).

(4) Where a decision to revoke a design registration becomes final and conclusive, the design right shall be deemed never to have existed.

(5) Where it is deemed that the opposition to an unexamined design registration has no merit, the collegial body of examiners shall make a decision to maintain the registered design (hereinafter referred to as a "decision to maintain a design registration").

(6) No appeal shall be made against a decision to refuse and/or maintain a design registration to an opposition to an unexamined design registration.

Article 30 【Mutatis Mutandis Application of Provisions of the Patent Law】

(1) The provisions of Articles 58, 58bis, 61, 68 and 78 of the Patent Law shall apply mutatis mutandis to examination of applications for a design registration.

(2) The provisions of Articles 72, 73, 75, 76, 78, 141(1) to (3), 142, 148(ⅰ) to (ⅴ), (ⅶ), 154(8), 157, 165(3) to (6), and 166 of the Patent Law shall apply mutatis mutandis to examination or decision of the opposition to an unexamined design registration.

CHAPTER IV

REGISTRATION FEES AND REGISTRATION OF DESIGNS

Article 31 【Design Registration Fees】

(1) A person desiring to register the establishment of a design right, or the owner of a design right, shall pay the design registration fees (hereinafter referred to as "registration fees").

(2) Matters relevant to the payment of registration fees, including the method and time limits for payment of such fees under paragraph (1), shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

Article 31bis 【Abandonment for Each Design at the Time of Payment of Registration Fees】

(1) A person who receives a decision to grant a design registration for an application for multiple design registration may abandon some individual designs at the time of payment of the registration fees.

(2) Relevant matters relating to the abandonment of a design under paragraph (1) shall be prescribed by President Decree.

Article 32 【Payment of Registration Fees by an Interested Party】

(1) Regardless of the intent of a person responsible for payment of registration fees, any interested party may pay such fees.

(2) An interested party who has paid the registration fees in accordance with paragraph (1) may demand reimbursement of the fees from the responsible party if such party is currently making a profit.

Article 33 【Late Payment of Registration Fees】

(1) Any person wishing to register the establishment of a design right, or the owner of a design right, may make late payments of the registration fees within six months from the expiration of the payment period prescribed under Article 31(2).

(2) Where registration fees are paid late under paragraph (1), an amount equivalent to twice the registration fees shall be paid.

(3) If the owner of the design right or person wishing to register the establishment of a design right fails to pay the registration fees within the extended period provided for under paragraph (1), the application for a design registration shall be deemed to have been abandoned or the design right concerned shall be deemed to have been extinguished retroactively to the time when the initial period for payment of the fees expired.

Article 33bis [Restoration of Application for Design Registration or Design Right by Late Payment of Registration Fees, etc.]

(1) Where a person desiring to register a design right or an owner of a design right is unable to pay the late registration fee for reasons beyond his or her control within the period for late payment under Article 33(1), he/she may make late payment of the registration fees within fourteen days from the date on which the reasons for the delay cease to exist. However, this provision shall not apply where six months have elapsed since the expiration of the period for late payment under Article 33(1).

(2) Where the registration fees are paid late under paragraph (1), notwithstanding Article 33(3), the application for the design registration shall be deemed not to have been abandoned and the design right concerned shall be deemed to have existed retroactively to the time when the period for the payment of the registration fees expired.

(3) The effects of an application for a design registration or a design right under paragraph (2) shall not extend to the act of working said design or a design similar thereto by another person from the date of expiration of the period for late payment of the registration fees to the date of late payment submittal of said registration fees (hereinafter referred to as the "term of limited effect").

(4) Where a person has, in good faith, been commercially or industrially working or preparing to work a design for which an application for design registration has been filed, a registered design, or a design similar thereto under paragraph (2) in the Republic of Korea during the term of limited effect, he/she shall have a non-exclusive license for the design right concerned. However, said non-exclusive license shall be within the scope of the object of the design or business that he/she is working or preparing to work.

(5) A person who has been granted a non-exclusive license in accordance with paragraph (4) shall pay reasonable remuneration as consideration to the owner of the design right or the exclusive licensee.

Article 34 【Official Fees】

(1) A person who files an application for a design registration, makes a request or initiates any other procedure shall pay the official fees.

(2) Matters relevant to the payment of official fees, including the method and time limits for payment of the fees under paragraph (1), shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

Article 35 【Reduction or Exemption of Registration Fees or Official Fees】

(1) Notwithstanding Articles 31 and 34, the Commissioner of the Korean Intellectual Property Office shall grant an exemption from the payment of registration fees or official fees in the following situations:
(ⅰ) official fees or registration fees in relation to applications for a design registration or design rights belonging to the State; or
(ⅱ) fees for requests for an invalidation trial made by an examiner under Article 60(1).

(2) Notwithstanding Articles 31 and 34, where an application for a design registration has been filed by an entitled person in accordance with Article 3 of the National Assistance Law, or a person prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy, the Commissioner of the Korean Intellectual Property Office may reduce or exempt from payment, the registration fees equivalent to the first three years for the registration of the establishment of a design right and official fees as prescribed by the Ordinance of the Ministry of Commerce, Industry, and Energy.

(3) A person who wishes to take advantage of reduced registration fees or exemption from the payment of registration fees or official fees in accordance with paragraph (2) shall submit the documents prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy to the Commissioner of the Korean Intellectual Property Office.

Article 36 【Refund of Registration Fees, etc.】

(1) The registration fees and official fees which have been paid shall not be refunded; however, such fees are refundable upon the request of the person making payment in the following cases:
(ⅰ) Registration fees and official fees which were paid by mistake;
(ⅱ) Amount corresponding to the registration fee for the year following the year in which the decision on revocation or invalidation of the design registration becomes final and conclusive.

(2) Where registration and official fees have been paid incorrectly, the Commissioner of the Korean Intellectual Property Office shall make a notification to the party who paid said registration and official fees

(3) The refund of the registration fees and official fees as referred to in paragraph (1)(i) may not be requested following the expiration of one year from 2, and the amount corresponding to the registration fee as referred to in paragraph (1)(ii) is not subject to a refund from the date on which the decision to revoke to design registration becomes final and conclusive.

Article 37 【Design Register】

(1) The Commissioner of the Korean Intellectual Property Office shall keep a Design Register at the Korean Intellectual Property Office and shall register the following matters:
(ⅰ) the establishment, transfer, extinguishment or restriction on disposal of a design right;
(ⅱ) the establishment, maintenance, transfer, modification, extinguishment or restriction on disposal of an exclusive or non-exclusive license; and
(ⅲ) the establishment, transfer, modification, extinguishment or restriction on disposal of a pledge on a design right or on an exclusive or non-exclusive license.

(2) The Design Register under paragraph (1) may be stored in whole or in part in electronic format, such as on an electronic recording medium.

(3) Relevant matters relating to the particulars and procedures of registration not provided for in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 38 【Issuance of Design Registration Certificate】

(1) When the establishment of a design right has been registered, the Commissioner of the Korean Intellectual Property Office shall issue a design registration certificate to the owner of the registered design.

(2) When a design registration certificate does not coincide with the Design Register or other documents, the Commissioner of the Korean Intellectual Property Office shall, upon request or ex officio, reissue the design registration certificate with amendments, or issue a new design registration certificate.

CHAPTER V

DESIGN RIGHT

Article 39 【Registration of Establishment of Design Right】

(1) A design right shall be effective upon registration of its establishment.

(2) When the registration fees have been paid in accordance with Article 31(1), or when an exemption from payment of such fees or a reduction of payment has been granted under Article 35(1) or (2), the Commissioner of the Korean Intellectual Property Office shall publish the following particulars in the Design Gazette:
(ⅰ) the name and domicile of the owner of the design right (if a legal entity, the title, place of business);
(ⅱ) the registration number of the design; and
(ⅲ) the date of registration of the establishment of the right.

Article 40 【Term of Design Right】

(1) The term of a design right shall be fifteen years from the date of registration of its establishment. However, the expiration date of the term of a design right relating to a similar design shall be the expiration date of the term of the design right relating to the principal design.

(2) Where a design registration is bestowed to a lawful holder under Article 14 or 15, the term of the design right under paragraph (1) shall run from the day following the date of registration of the design right previously filed by the unentitled person.

Article 41 【Effects of Design Right】

The owner of a design right shall have the exclusive right to work the registered design and a design similar thereto commercially and industrially. However, where the design right is subject to an exclusive license, this provision shall not apply to the extent wherein the exclusive licensee has the exclusive right to work the registered design or similar design under Article 47(2).

Article 42 【Design Right Relating to Similar Designs】

A design right relating to a similar design as defined in Article 7(1) shall be incorporated in a design right relating to the principal design.

Article 43 【Scope of Protection of Registered Designs】

The scope of protection conferred by a registered design shall be determined by the terms of the specification in the application, the design represented in a drawing attached to the application or shown in a photograph or sample attached to the application, and in the explanation of the intent and purpose of said design.

Article 44 【Limitations of Design Right】

The effects of a design right shall not extend to:
(ⅰ) use of the registered design for the purpose of research or experiment;
(ⅱ) vessels, aircrafts or vehicles merely passing through the Republic of Korea or the machinery, instruments, equipment or other accessories used therein; or
(ⅲ) identical products existing in the Republic of Korea at the time the application for registration of a design was filed.

Article 45 【Relationship with Another Registered Design】

(1) Where the working of a registered design would utilize another person's registered design or design similar thereto, patented invention, registered utility model or registered trademark under an application filed prior to the filing date of the application for the registration of a design concerned, or where a design right conflicts with another person's patent right, utility model right or trademark right under an application filed prior to the filing date of the application for registration of a design concerned, the owner of the design right or exclusive or non-exclusive licensee shall not work the registered design commercially or industrially without the consent of the owner of the earlier patent right, utility model right or trademark right, except where Article 70 applies.

(2) Where the working of a design similar to a registered design would utilize another person's registered design or design similar thereto, patented invention, registered utility model or registered trademark under an application filed prior to the filing date of the application for the registration of a design concerned, or where a design right of the design similar to the registered design conflicts with another person's registered design, patent right, utility model right or trademark right under an application filed prior to the filing date of the application for registration of the design concerned, the owner of the design right or exclusive or non-exclusive licensee shall not work the design similar to the registered design commercially or industrially without the consent of the owner of the earlier patent right, utility model right or trademark right, except where Article 70 applies.

(3) Where the working of a registered design or a design similar thereto would utilize or conflict with another person's copyright, effective prior to the filing date of the application for registration of a design concerned, the owner of the design right or exclusive or non-exclusive licensee shall not work the registered design or design similar thereto commercially or industrially without the consent of the owner of the copyright.

Article 46 【Assignment and Joint Ownership of Design Right】

(1) A design right may be assigned. However, a design right relating to a principal design and a design right relating to a similar design shall be assigned together.

(2) A joint owner of a design right may neither assign his share nor establish a pledge upon it without the consent of all the other joint owners.

(3) Each of the joint owners may, except as otherwise agreed by a contract among all the joint owners, work the registered design or similar design by himself without the consent of the other joint owners.

(4) A joint owner may grant neither an exclusive license nor a non-exclusive license under the design right without the consent of all the other joint owners.

(5) A design right which is registered as a multiple design may be divided and transferred for each design.

Article 47 【Exclusive License】

(1) The owner of a design right may grant an exclusive license on the design right.

(2) An exclusive licensee who has been granted an exclusive license under paragraph (1) shall have the exclusive right to work the registered design or design similar thereto commercially and industrially, to the extent provided for in the license contract.

(3) An exclusive licensee may not transfer the license without the consent of the owner of the design right, except where it is transferred together with the business in which it is worked, or in the case of inheritance or other general succession.

(4) An exclusive licensee may establish a pledge or grant a non-exclusive license on the exclusive license only with the consent of the owner of the design right.

(5) The provisions of Article 46(2) to (4) shall apply mutatis mutandis to exclusive licenses.

Article 48 Deleted

Article 49 【Non-exclusive License】

(1) The owner of a design right may grant a non-exclusive license on his design right.

(2) A non-exclusive licensee shall have the right to work the registered design and a design similar thereto commercially and industrially to the extent provided for in the Design Law or by the license contract.

(3) The provisions of Article 46(2) and (3) and Article 102(4) to (6) of the Patent Law shall apply mutatis mutandis to non-exclusive licenses.

Article 50 【Non-exclusive License by Virtue of Prior Use】

Where, at the time of filing of an application for the registration of a design, a person has created a design which is identical or similar to the design in an existing application, without having prior knowledge of the design in the application, or has learned how to create the design from another person, and has been working the design commercially or industrially in the Republic of Korea, in good faith, or has been making preparations therefor, shall have a non-exclusive license on that registered design or design similar thereto. Such license shall be limited to the design which is being worked, or for which preparations for working have been made, and to the purpose of such working or preparations.

Article 51 【Non-exclusive License Due to Working Prior to Registration of Demand for Invalidation Trial】

(1) Where a person falling within any of the following subparagraphs has been working a design or a design similar thereto, commercially or industrially in the Republic of Korea, in good faith, or has been making preparations therefor, prior to the registration of a request for an invalidation trial of the