WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIIIKOR/L/l 
16 mars 2000 
(00-1069) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
The present document reproduces the textl of the Act on the Layout-Designs of 
Semiconductor Integrated Circuits and the Enforcement Decree of the Act on the Layout-Designs of 
Semiconductor Integrated Circuits, as notified by the Republic of Korea under Article 63.2 of the 
Agreement (see document IPINIlIKORll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRlNCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE DE COREE 
Le present document contient le textel de la Loi sur les schemas de configuration de circuits 
integres semi-conducteurs et du Decret d'application y relatif, notifies par la Republique de Coree au 
titre de l'article 63:2 de I'Accord (voir le document IPINIlIKORl1 ). 
Consejo de los Aspectos de Ios Derechos de Propiedad 
IntelectuaI relacionados con el Comercio 
PRlNCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
REPUBLICA DE COREA 
En el presente documento se reproduce el textol de la Ley sobre los Esquemas de Trazado de 
Circuitos Integrados de Semiconductores y de su Decreto de aplicacion, notificados por la Republica 
de Corea de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IPINIlIKORl1 ). 
1 In English onlylEn anglais seulementlEn ingIes solamente. IP/NI1 IKOR/L1l 
Page 2 
ACT ON THE LAYOUT DESIGNS 
OF 
SEMICONDUCTOR INTEGRATED CIRCUITS 
Act No. 4526, Promulgated on Dec. 8, 1992 
As Last Amended by Act No. 5599, Dec. 28, 1998 
CHAPTER I ...................................................................................................................................... 4 
GENERAL PROVISIONS ................................................................................ .................................... 4 
Article 1 Purpose ......................................................................................................................... 4 
Article 2 Definitions .................................................................................................................... 4 
Article .. 3_ ..... .Eo.reigneJ:~s.L3.):ullt::D.esigxt ........................................................................................... 4 
Article 4 Layout-Design Administrators for Nonresidents ......................................................... 5 
Article 5 Creator of a Layout-Design in Senjce ......................................................................... 5 
CHAPTER II ...................................................................................................................................... 6 
LAY,QJlT-::DESIGN.RlGHT .................................................................................................................. 6 
Article 6 Creation of a Layout-Design Rigbt .............................................................................. 6 
Article 7 Duration of a Layout-Design Rigbt .............................................................................. 6 
Article 8 Effects of a Layout-Design Right ................................................................................. 6 
ArticLe..9.._ ..... Sc.opc . .to .. n:hic.h.'l.L.ay.out:-De.sign..RightD.oes..N.atE.:dend ............................................ 6 
Article 10 Assignment and Joint Onnership ofa JA>'out-Design Right ................................................. 7 
Article 11 Exclusiye License ........................................................................................................ 7 
Article 12 Non-Exclusiye License ................................................................................................ 8 
Article 13 Arbitration for Establishment of a Non-Exclusiye License ............................................. 8 
Arti.cle.14. __ .Lo.s.s..of..Effe.ct.uLan.Ar.bitr.ation ................................................................................ 10 
Article 15 Cancellation of an Arbitration .................................................................................. 10 
Article 16 Pledge ........................................................................................................................ 10 
Article 17 Extinguishment of a Layout-Design Right ................................................................ 10 
Article.1L._.Restri.ction.ofAbandoument.of.aLaY-out-::Design.Rigbt...etc. ................................................. 11 
CHAPTER m ..................................................... ................................................................................ 11 
BEGlSTBAUONOFA LAYOUT-DES/GNRlGHT ........................................................................... 11 
Article 19 Application for Registration of Establishment of a Layout-Design Right ................ 11 
ArticLe..2!L ... _.Dislllissal .. of.Ap-p.lication ............................................................................................ 11 
Article 21 Registration of Establishment and Public Notice ..................................................... 12 IPINIlIKOR/LI 1 
Page 3 
Article 22 Marking of Registration ............................................................................................ 12 
Article 23 Effects of Registration ............................................................................................... 13 
ArticLe.2.:L ..... Can.c.ella.tioD..oLRegistratio.ll..of.Estahlishm.e.nLo[a.La~:out:-De.£ign.Right ................ 13 
CHAPTER IV .................................................... ................................................................................. 14 
LAWUT-DESTGNREV/EWAND MEDIAUON COMMITTEE ....................................................... 14 
Article 25 Layout-Design Reyiew and Mediation Committee ................................................... 14 
Article.16 ______ Eunction.oLtlte.Committe_e ........................................................................................ 1 .. 
Article 27 Procedures of Mediation ........................................................................................... 15 
Article 28 Mediation Panel ......................................................................................................... 15 
Article 29 Accomplishment of Mediation .................................................................................. 15 
Article .. 3D ___ .F.ailur.e..of.Me.diation .................................................................................................. 15 
Article 31 Fee for Mediation ...................................................................................................... 15 
Article 32 Discontinuation of Extinguishment Prescription ...................................................... 16 
Article 33 Organization of Committee ....................................................................................... 16 
Article 34 Support for Expenditure ........................................................................................... 16 
CHAPTER V ...................................................... ............................................................................... 16 
REMEDIES FOR INFRINGEMENT. ................................................................................................. 16 
Article 35 Right to Demand Cease and Desist from Infringement. ........................................... 16 
Article.31i_ ... RighLto.De.rna.nd.D.amages ........................................................................................ 16 
Article 37 Compensation ............................................................................................................ 17 
Article 38 Right to Demand Royalty from a Bona Fide Person ................................................. 18 
CHAPTER VI ..................................................................................................................................... 18 
S..UP..I!LEME11IARY...I!RQYlSIQNS. .•.....................•.......... ................................................................... 18 
Article 39 Hearing ...................................................................................................................... 18 
Article 40 Fees ............................................................................................................................ 18 
Article 41 Venue for Nonresidents ............................................................................................. 19 
Article 42 Deleted ....................................................................................................................... 19 
Article_4J_ .. .F.ostering.of.Las.o.ut::D.esigo_Technolo.gy. ...•.•.................•..•..•.......•......•.••••••...••.•.......•• 19 
Article 44 Obligation to Preseo'e Confidentiality ..................................................................... 19 
CHAPTER VII .................................................... ................................................................................. 19 
P.ENAL . ..I!ROJ!JSIQNS .......................................... ............•..•........................•...................•..•............... 19 
Article . .4L .. Offens.e..of.Infringe.ment •. etc. ..................................................................................... 19 
Article 46 Offense of False Marking .......................................................................................... 20 
Article 47 Offense of Fraud ........................................................................................................ 20 IP/NI 1 IKOR/L/l 
Page 4 
Article 48 Offeose of Dblllgiog secrets ...................................................................................... 20 
Article 49 Dual Liability ............................................................................................................. 20 
ArticLe..5.0 .... J)fleted ..................••...................•.........•......................................................•......•......... 20 
ADDENDUM .................................................................................................................................. 20 CHAPTER I 
GENERAL PROVISIONS 
Article 1 Purpose IP/NIl/KOR/L/l 
Page 5 
The purpose of this Act is to contribute to the sound development of the national 
economy by protecting the right of a creator who creates a layout-design for a 
semiconductor integrated circuits and by establishing the fair use of the layout­
design to promote the concerned semiconductor industry and technology. 
Article 2 Definitions 
The definitions of terms used in this Act shall be as follows: 
( i ) "Semiconductor integrated circuit" means an intermediate product or a 
final product that is manufactured to have the function of an electronic circuit, 
which is simultaneously formed in a state where circuit elements including 
more than one active element and the wires connecting the elements are 
inseparable from each other, on the surface of the semiconductor materials 
or insulating materials or inside the semiconductor materials. 
( i i) "Layout-Design" means a plane or cubic design of the circuit elements 
and wires which connect the elements, which could be used in 
manufacturing a semiconductor integrated circuit. 
(iii) "Creation" means an activity of a person making a layout-design which 
is not ordinarily a result of his intellectual efforts. Further, an activity 
making a layout-design is deemed to be creative when the layout-design 
as a whole is creative even if it is composed of a combination of ordinary 
elements. 
(iv) "Use" means anyone of the following acts: 
(a) reproduction of a layout-design; 
(b) manufacturing of a semiconductor integrated circuit based on a 
layout-design; or 
(c) transferring, leasing, displaying (limited to display for making a 
transfer or a lease) or import of a layout-design, a semiconductor 
integrated circuit manufactured based on the layout-design, or an 
article incorporating the semiconductor integrated circuit 
(hereinafter referred to as "semiconductor integrated circuit, etc."). 
( v) "Right to a layout-design" means the right which is created by 
registering the layout-design with the Commissioner of the Korean Industrial 
Property Office under Article 21, Paragraph (1) hereof. 
Article 3 Foreigner's Layout-Design IP /N/1/KOR/L/1 
Page 6 
(1) A layout-design of a foreigner and a foreign corporation (hereinafter referred 
to as a "Foreigner" in this Article) shall be protected under this Act and under 
treaties to which the Republic of Korea has acceded. 
(2) Even though the Foreigner's layout-design falls under the provIsion of 
Paragraph (1) above, if the country of the foreigner does not bestow any 
protective benefits corresponding to this Act for a layout-design of a Korean 
national, the Commissioner of the Korean Industrial Property Office may limit the 
protection pursuant to this Act or the treaties in the same manner. 
Article 4 Layout-Design Administrators for Nonresidents 
(1) A person having no address or place of business in Korea (hereinafter 
referred to as a "nonresident") may not initiate any procedure concerning 
layout-designs nor bring a court action against any decision made under this Act 
or under orders issued based on this Act by administrative agencies except 
where a filing is made for registration under Paragraph (3), below, or where 
allowed under Presidential Decrees, unless the nonresident is represented by an 
agent having an address or a place of business within Korea (hereinafter 
referred to as the "Layout-Design Administrator"). 
(2) The Layout-Design Administrator shall have the right to act on behalf of the 
principal in all the procedures which are related to actions empowered and in 
court actions against dispositions made by administrative agencies under this 
Act or under orders issued under the basis of this Act. 
(3) A Non-Resident who has registered a layout-design under Article 21, 
Paragraph (1) or under Article 23 may not contest a third party's claim, unless 
the appointment or change of a Layout-Design Administrator, or the authority 
vested in a Layout-Design Administrator or the termination of authority of a 
Layout-Design Administrator has been registered. 
(4) A Non-Resident shall appoint and register a Layout-Design Administrator 
under Paragraph (1), above, at the time of registering a layout-design under 
Article 21, Paragraph (1) or during the duration of the right to the layout-design 
under Article 7. 
Article 5 Creator of a Layout-Design in Service 
With respect to a layout-design by a person employed by a government, a 
corporation, an association or other employer (hereinafter referred to as 
"corporation, etc. If), the corporation, etc. is deemed to be the creator, unless 
otherwise provided in an agreement or an employment regulation and the like. CHAPTER IT 
LAYOUT-DESIGN RIGHT 
Article 6 Creation of a Layout-Design Right IPINIIIKOR/L/l 
Page 7 
A layout-design right shall come into existence by a registration of establishment 
of a creative layout-design under Article 21, Paragraph (1). 
Article 7 Duration of a Layout-Design Right 
(1) The duration of a layout-design right shall be ten years from the date of 
registration of establishment thereof. 
(2) The duration of a layout-design right under Paragraph (1), above, shall not 
exceed ten years from the date of initial commercial use thereof or fifteen years 
from the date of creation thereof. 
Article 8 Effects of a Layout-Design Right 
A person who registered a layout-design as provided in Article 21, Paragraph (1) 
or his successor in title (hereinafter referred to as a "holder of a layout-design 
right") shall have the right to exclusively use the layout-design for business 
purposes. However, this shall not be the case to the extent that the exclusive 
licensee has the right to exclusively use the layout-design as provided in Article 
11, Paragraphs (1) and (2) hereof. 
Article 9 Scope to which a Layout-Design Right Does Not Extend 
(1) The effect of a layout-design right under Article 8 shall not extend to any of 
the following: 
( i ) Reproduction of the layout-design for purposes of education, research, 
analysis or evaluation or for a non-commercial use by an individual, or 
vicarious reproduction for the purposes of the above; 
( i i) A layout-design which is made as a result of research, analysis or 
evaluation as provided in ( i ), above, and which is creative; or 
(iii) The same layout-design which is independently created by another 
person. 
(2) The layout-design right under Article 8 shall not be effective where a person IP/N/IIKORlLll 
Page 8 
to whom a Actfully made semiconductor integrated circuit, etc. has been 
transferred does the acts stipulated in Article 2 (iv)( c) for a commercial purpose 
in relation to the semiconductor integrated circuit, etc. 
(3) The layout-design under Article 8 shall not be effective where a person to 
whom an unActfully made semiconductor integrated circuit, etc. reproducing 
another person's registered layout-design has been in good faith and without 
negligence transferred (hereinafter referred to as a "bona fide person") does 
acts stipulated under Article 2 (iv)( c) for a commercial purpose in relation to 
the semiconductor integrated circuit, etc. 
Article 10 Assignment and Joint Ownership of a Layout-Design Right 
(1) A layout-design right may be assigned. 
(2) A layout-design right created jointly by two or more persons shall be jointly 
owned by the persons who create it, and the share of each joint owner is 
deemed to be equal unless the joint creators specifically agree otherwise. 
(3) When a layout-design right is owned by joint owners, a joint owner may not 
assign or pledge his share without the consent of the other joint owner(s). 
(4) When a layout-design right is owned by joint owners, each joint owner may 
use the layout-design without the consent of the other joint owner(s) unless the 
joint owners specifically agree otherwise. 
(5) When a layout-design right is owned by joint owners, a joint owner may not 
grant an exclusive license on the layout-design under Article 11, Paragraph (1), 
or non-exclusive license under Article 12, Paragraph (1) without the consent of 
the other joint owner(s). 
Article 11 Exclusive License 
(1) The holder of a layout-design right may establish for another person a right to 
exclusive use of the layout-design (hereinafter referred to as an "exclusive 
license"). 
(2) The person for whom an exclusive license has been established under 
Paragraph (1) hereof (hereinafter referred to as an "exclusive licensee") shall 
have the exclusive right to use the layout-design for business purposes within 
the scope set forth by the establishment. 
(3) An exclusive licensee may not transfer his exclusive license without the 
consent of the holder of the layout-design right except where it is transferred 
together with the underlying business or through inheritance or other general succession. JP INfllKORJLll 
Page 9 
(4) An exclusive licensee may not establish a pledge on his exclusive license or 
grant for another person a right to use the layout-design (hereinafter referred to 
as a "non-exclusive license") without the consent of the holder of the layout­
design right. 
(5) When an exclusive license is owned by joint owners, a joint owner may not 
grant a non-exclusive license to a third party without the consent of the other 
joint owner(s). 
(6) The provisions under Article 10, Paragraphs (3) and (4) hereof shall apply 
mutatis mutandis to exclusive license. In such cases, "Layout-design Right" shall 
be substituted by "Exclusive License." 
Article 12 Non-Exclusive License 
(1) The holder of a layout-design right may grant a non-exclusive license to 
another person. 
(2) The person to whom a non-exclusive license under Paragraph (1) hereof has 
been granted (hereinafter referred to as a "non-exclusive licensee") shall have 
the right to use the layout-design for business purposes within the scope set 
forth by the license. 
(3) A non-exclusive licensee may not transfer his non-exclusive license without 
the consent of the holder of the layout-design right (or a holder of the layout­
design right or the exclusive licensee, in the case of a non-exclusive license 
relating to an exclusive license, hereinafter treated as the same in this Article), 
except where it is transferred together with the underlying business or through 
inheritance or other general succession. 
(4) A non-exclusive licensee may not establish a pledge on his non-exclusive 
license without the consent of the holder of the layout-design right. 
(5) The provisions under Article 10, Paragraphs (3) and (4) hereof shall apply 
mutatis mutandis to a non-exclusive license. In such cases, "Layout-design" 
shall be substituted by "Non-exclusive License." 
Article 13 Arbitration for Establishment of a Non-Exclusive License 
(1) A person who wishes to use a registered layout-design pursuant to Article 21, 
Paragraph (1) may request the holder of the layout-design right or the exclusive 
licensee to hold a consultation for grant of a non-exclusive license if: 
( i ) The layout-design has not been used in Korea for more than two IP INI1IKORILIl 
Page 10 
consecutive years in absence of natural disaster, or other force majeure or 
other justifiable reasons as determined by the Presidential Decree; or 
( i i) The layout-design has not been used in Korea on a substantial 
business scale without justifiable reasons for more than two consecutive 
years or the holder has failed to satisfy the demand in Korea or abroad for 
the layout-design on an appropriate level and condition without justifiable 
reasons for more than two consecutive years. 
(2) A person who has requested a consultation pursuant to Paragraph (1) may 
file an application with the Commissioner of the Korean Industrial Property Office 
for an arbitration for establishing a non-exclusive license, when it was not 
possible to hold the consultation pursuant to Paragraph (1) within a reasonable 
period or when an agreement on establishing a non-exclusive license has not 
been made as a result of the consultation, notwithstanding the fact that 
reasonable terms which may arise in the ordinary course of business have been 
proposed. 
(3) A person who wishes to use the registered layout-design pursuant to Article 
21, Paragraph (1) may file an application directly with the Commissioner of the 
Korean Industrial Property Office for arbitration for establishing a non-exclusive 
license under a state of national emergency or other emergency situations, 
notwithstanding the provisions of Paragraph (1) and Paragraph (2). 
(4) The Commissioner of the Korean Industrial Property Office may arbitrate for 
establishment of a non-exclusive license (hereinafter referred to as "Arbitration") 
for the applicant after a review by the Layout-design Review and Mediation 
Committee under Article 25 hereof if an application for the arbitration pursuant to 
Paragraph (2) or (3) hereof falls under any of the following: 
( i ) The use of the layout-design is necessary for satisfying the national 
demand for the accomplishment of non-commercial public purposes; or 
( i i) The causes as provided in the Presidential Decree for securing free 
competition or preventing an abuse of right by the holder of a layout-design 
right or the exclusive licensee have occurred. 
(5) The results of an arbitration under Paragraph (4) hereof shall be in writing 
and shall set forth the following matters: 
( i ) The scope of the non-exclusive license; and 
( i i) The amount of compensation, and the method and time for making the 
compensation. 
(6) Matters necessary for the procedures of application of arbitration under 
Paragraph (2) and Paragraph (3) hereof and others shall be provided in the 
Presidential Decree. Article 14 Loss of Effect of an Arbitration IPINI1 IKORILIl 
Page 11 
An arbitration shall lose its effect if the person for whom an arbitration was 
granted fails to payor deposit the compensation (or the first payment of the 
compensation when the compensation is to be paid periodically or in 
installments) by the due date for the payment as provided in Article 13, 
Paragraph (5)( i i) hereof. 
Article 15 Cancellation of an Arbitration 
(1) The Commissioner of the Korean Industrial Property Office may, on 
application by an interested party or ex officio, cancel an arbitration when a 
person for whom an arbitration was granted fails to use the layout-design or 
when the grounds for the arbitration pursuant to Article 13, Paragraph (4) have 
been terminated without a possibility of recurrence. 
(2) The non-exclusive license shall be extinguished on the date of cancellation 
when an arbitration is canceled pursuant to Paragraph (1) hereof. 
(3) Matters necessary for the procedures of cancellation of arbitration and others 
shall be provided in the Presidential Decree. 
Article 16 Pledge 
(1) The pledgee of a layout-design right, an exclusive license or a non-exclusive 
license may not use the layout-design unless otherwise agreed. 
(2) A pledge may be exercised against compensation made hereunder, or 
against payments or articles payable to the holder of the layout-design right, the 
exclusive or non-exclusive licensee thereof (including a non-exclusive licensee 
under the provisions of Article 11, Paragraph (4), and Article 13, Paragraph (4) 
hereof; hereinafter the same), in consideration for the use of the registered 
layout-design. In this case, an attachment must be effected before the 
payment or delivery. 
Article 17 Extinguishment of a Layout-Design Right 
A layout-design right shall be extinguished if the right falls under any of the 
following: 
( i ) The layout-design right reverts, pursuant to the Civil Code or other Acts, 
to the state because a corporation, association, etc., which is the holder of a 
layout-design right is dissolved; or IP/N/IIKORJLI1 
Page 12 
( i i) The layout-design right reverts, pursuant to the Civil Code or other Acts, 
to the state because an individual who is the holder of the layout-design 
right dies without leaving heirs. 
Article 18 Restriction of Abandonment of a Layout-Design Right, etc. 
(1) A holder of a layout-design right may not abandon his right without the 
consent of an exclusive licensee, a non-exclusive licensee (other than a non­
exclusive licensee under Article 13, Paragraph (4) hereof) or a pledgee under 
Article 16, Paragraph (1) hereof. 
(2) An exclusive licensee may not abandon his exclusive license right without the 
consent of the non-exclusive licensee under Article 11, Paragraph (4) or a 
pledgee. 
(3) A non-exclusive licensee may not abandon his non-exclusive license without 
the consent of a pledgee. 
(4) When a layout-design right, an exclusive license or a non-exclusive license is 
abandoned, such right shall become extinguished from the time of the 
abandonment. 
CHAPTER III 
REGISTRATION OF A LAYOUT ·DESIGN RIGHT 
Article 19 Application for Registration of Establishment of a Layout-Design 
Right 
(1) The person who creates a layout-design or his successor in title (hereinafter 
referred to as the "creator") may file an application for registration of 
establishment of the layout-design right with the Commissioner of the Korean 
Industrial Property Office within two years after the date on which the layout­
design was first exploited commercially. 
(2) A person who wishes to apply for the registration of establishment pursuant 
to Paragraph (1) hereof shall file an application and other documents as 
provided in the Presidential Decree (hereinafter referred to as the "Application, 
etc.") 
Article 20 Dismissal of Application IPlNf1 IKOR/L1l 
Page l3 
(1) The Commissioner of the Korean Industrial Property Office shall dismiss the 
filed application if the application for the registration of establishment of the 
layout-design falls under any of the following: 
( i ) The applicant is not the creator; 
( i i) The layout-design right is jointly owned by two or more persons, and the 
application is not made in the name of all the joint owners; 
(iii) The time period prescribed in Article 19, Paragraph (1) hereof has 
lapsed; or 
(iv) Certain conditions provided in the Presidential Decree are met. 
(2) When the Commissioner of the Korean Industrial Property Office dismisses 
an application for registration pursuant to Paragraph (1) hereof, he shall notify 
the applicant, in writing, of the reasons for dismissal without delay. 
Article 21 Registration of Establishment and Public Notice 
(1) When an application for registration of establishment is filed under Article 19, 
Paragraph (1), the Commissioner of the Korean Industrial Property Office shall 
register the layout-design, unless the application is dismissed pursuant to Article 
20, Paragraph (1). 
(2) The registration of establishment pursuant to Paragraph (1) hereof is made 
by recording on the register of layout-design by the Commissioner of the Korean 
Industrial Property Office. 
(3) The Commissioner of the Korean Industrial Property Office shall issue a 
layout-design registration certificate to the holder of the layout-design right upon 
registration of establishment of the layout-design pursuant to Paragraph (1) 
hereof, and make public notice thereon. 
(4) Necessary matters concerning registration of establishment of a layout­
design, such as the items to be mentioned in an application or issuance of the 
registration certificate, public notice of registration, or contents, public reading or 
copying of the register, shall be provided in the Presidential Decree. 
Article 22 Marking of Registration 
A holder of a layout-design registered under the provision of Article 21, 
Paragraph (1), or the exclusive licensee or non-exclusive licensee thereof, may 
make a marking concerning a registration of the layout-design on a 
semiconductor integrated circuit which was made using the layout-design and/or 
the packaging thereof, as provided by the Commissioner of the Korean Industrial IP /NI lIKOR/L/1 
Page 14 
Property Office. 
Article 23 Effects of Registration 
(1) Any of the following may not be contested against a third party unless 
registration is entered thereof before the Commissioner of the Korean Industrial 
Property Office. 
( i ) An assignment of a layout-design right (except through inheritance or 
general successions; hereinafter treated as the same in this Article), or 
restrictions on the disposition of the layout-design right; 
( i i) An establishment, transfer, change, extinguishment or restriction of the 
disposition of an exclusive license; 
(iii) A transfer, change, extinguishment or restriction of the disposition of a 
non-exclusive license; or 
(iv) An establishment, transfer, change, extinguishment or restriction of the 
disposition of a pledge on a layout-design right, an exclusive license or 
non-exclusive license. 
(2) When a non-exclusive license is registered before the Commissioner of the 
Korean Industrial Property Office, the license thereof may be asserted against a 
holder of the layout-design right or an exclusive licensee who acquired such right 
after the registration of the non-exclusive license. 
(3) A registration pursuant to Paragraph (1) or (2) hereof is made when the 
Commissioner of the Korean Industrial Property Office records it on the register 
of the layout-design. 
Article 24 Cancellation of Registration of Establishment of a Layout-Design 
Right 
The Commissioner of the Korean Industrial Property Office may cancel the 
registration of establishment of a layout-design pursuant to the Presidential 
Decree, if the registered layout-design falls under any of the following. The 
Commissioner of the Korean Industrial Property Office, however, shall cancel 
the registration of establishment of a layout-design if the registered layout­
design falls under Item 3 below. 
( i ) The registration violates the provisions of treaties under Article 3, 
Paragraph (1) hereof. 
( i i) Deleted 
(iii) The registration of establishment under Article 21, Paragraph (1) hereof 
was made by unActful means such as fraud; IP!NI1 IKOR/L/l 
Page 15 
(iv) The registered layout-design is not creative as provided in Article 6 
hereof; or 
( v) The registration violates this Act, orders or dispositions thereon. 
CHAPTER N 
LAYOUT-DESIGN REVIEW AND MEDIATION COMMITTEE 
Article 25 Layout-Design Review and Mediation Committee 
(1) A review and mediation committee (hereinafter referred to as the 
"Committee") shall be established in order to review matters concerning layout­
design rights, or an exclusive or non-exclusive license, and to mediate the 
disputes regarding the rights protected pursuant to this Act (hereinafter referred 
to as the "Dispute"). 
(2) The Committee shall be composed of from ten to fifteen review and 
mediation members (hereinafter referred to as "members"), including a chairman 
and a vice-chairman. 
(3) The members of the Committee shall be appointed by the Commissioner of 
the Korean Industrial Property Office, and the Chairman and Vice-Chairman 
shall be elected by mutual votes among the members. 
(4) The term of a member shall be three years, which may be renewed. 
(5) In case of a vacancy among members, a member shall be appointed to fill the 
vacancy pursuant to Paragraph (3) hereof, and the term of the member shall be 
the remaining period of his predecessor. However, when there are more than 
ten members, the appointment is not required. 
Article 26 Function of the Committee 
In addition to mediating disputes, the Committee shall review the following: 
( i ) matters concerning an arbitration under Article 13, Paragraph (4) hereof 
and cancellations of arbitrations under Article 15 hereof. 
( i i) matters concerning an appeal against cancellation of a registration of 
establishment under Article 24 hereof; and 
(iii) matters requested by the Commissioner of the Korean Industrial 
Property Office or by more than three members. IP/NI1 IKOR/L1l 
Page 16 
Article 27 Procedures of Mediation 
(1) A person who desires a mediation of disputes may request the Committee to 
mediate the dispute by clarifying a request and the reason therefor. 
(2) The Committee shall mediate the dispute within six months from the date of 
the request under Paragraph (1) hereof. 
(3) The Act of Civil Mediation shall apply mutatis mutandis to mediation 
procedures which are not specifically provided in this Act. 
Article 28 Mediation Panel 
A mediation panel consisting of three members, one of whom shall be qualified 
as an attorney-at-Act or a patent attorney, shall be established in the Committee 
to effectively carry out the affairs of dispute mediation of the Committee. 
Article 29 Accomplishment of Mediation 
(1) Mediation shall be accomplished by recording in a protocol the matters 
agreed to by the concerned parties. 
(2) The protocol under Paragraph (1) hereof has the same effect as a settlement 
in a courtroom, except for matters outside the scope of the authority of the 
concerned parties. 
Article 30 Failure of Mediation 
The mediation shall be treated as a failure when any of the following occurs: 
( i ) Where the party who was requested to present or to submit the related 
documents from the Committee does not respond without good cause more 
than two times. 
(ii) Where the term under Article 27, Paragraph (2) lapses. 
Article 31 Fee for Mediation 
(1) A party requesting mediation shall bear the mediation expenses and pay the 
fees thereof in advance. However, where the mediation is accomplished, each of 
the concerned parties shall bear the expenses equally unless otherwise agreed. 
(2) The Committee shall determine the amount of the fees for mediation 
pursuant to Paragraph (1) hereof. Article 32 Discontinuation of Extinguishment Prescription IPINIIIKOR/Ll1 
Page 17 
(1) A request for mediation shall have the effect of suspending the bar of the 
statute of limitations. 
(2) When a mediation fails, if a Actsuit is not commenced within one month 
from the failure of mediation, a suspension of the bar of the statute of limitations 
shall not take effect. 
Article 33 Organization of Committee 
The organization and work of the Committee and other necessary matters for the 
Committee shall be prescribed in the Presidential Decree. 
Article 34 Support for Expenditure 
The Government may support the expenditures necessary for the operation of 
the Committee within the limit of the budget. 
CHAPTER V 
REMEDIES FOR INFRINGEMENT 
Article 35 Right to Demand Cease and Desist from Infringement 
(1) The holder of a layout-design right or the exclusive licensee either may 
demand that a person who has infringed or is likely to infringe the rights cease 
and desist from continuing the infringing activities or may take measures for 
preventing the infringements. 
(2) In making a demand under Paragraph (1) hereof, the holder of the layout­
design right or the exclusive licensee may demand that semiconductor 
integrated circuit, etc. made through the infringement be destroyed or may 
demand that other measures necessary for preventing the infringements be 
taken. 
Article 36 Right to Demand Damages 
(1) The holder of a layout-design right or the exclusive licensee may demand the 
payment of damages against a person who has intentionally or negligently 
infringed his rights. IP /N/l/KORILIl 
Page 18 
(2) When the holder of a layout-design right or the exclusive licensee makes a 
demand pursuant to Paragraph (1) hereof, if the infringer has made a profit by 
the infringement, the amount of profit earned by the infringer is presumed to be 
the amount of the loss by the holder of a layout-design right or the exclusive 
licensee. 
(3) When the holder of a layout-design right or the exclusive licensee makes a 
demand pursuant to Paragraph (1) hereof, he may demand an amount which is 
payable for the use of the layout-design as the damage of the holder of the 
layout-design right or the exclusive licensee. 
(4) When the amount of loss suffered exceeds the amount presumed under 
Paragraph (3) hereof, payment of the excess amount may further be demanded. 
(5) Deleted 
Article 37 Compensation 
(1) The creator of a layout-design who has commercially used the layout-design 
before registration of establishment of the layout-design shall be entitled to 
compensation equivalent to an amount which is payable for the use of the 
layout-design from a person who has used a reproduced one from the layout­
design for a business purpose from the date of the creator's use of the layout­
design up to the registration dale of the layout-design with the knowledge that 
the used layout-design was made by reproducing the layout-design. However, 
the creator may not demand compensation from a person to whom, in good faith 
and without negligence, the semiconductor integrated circuit, etc. made using 
the reproduced lay-out design has been transferred. 
(2) The right to demand payment of compensation under Paragraph (1) hereof 
may not be exercised until the registration of establishment of a layout-design 
right has been made. 
(3) In the case where registration of establishment of the layout-design is 
canceled under Article 24 hereof, the right to demand the payment of 
compensation under Paragraph (1) hereof shall be deemed not to have come 
into force ab initio. 
(4) The provisions in Article 760, Paragraphs (1) and (2), and Article 766 of the 
Civil Code shall apply mutatis mutandis to enforcement of the right to demand 
under Paragraph (1) hereof. In this regard, "the date on which the victim or his 
statutory agent has come to know the damages and/or the tort-feasor" under 
Article 766 of the Civil Code shall be "the date of registration of establishment of 
the layout-design right," if the owner of the right to demand the compensation 
knew the fact that the layout-design was reproduced and the identity of the 
person who used the reproduced layout-design before the registration of establishment of the layout-design. IPINIIIKORIL/1 
Page 19 
Article 38 Right to Demand Royalty from a Bona Fide Person 
(1) Notwithstanding the provision of Article 9, Paragraph (3), hereof, a holder of a 
layout-design right or an exclusive licensee may demand a payment of an 
ordinary amount of royalty (hereinafter referred to as "royalty") when a bona fide 
person does an act with respect to the semiconductor integrated circuit, etc. for 
profit, as provided under Article 2 (iv)( c), or retains or transports the 
semiconductor integrated circuit, etc. for the same, after knowing that the 
semiconductor integrated circuit, etc. is made by unActful reproduction of the 
registered layout-design. 
(2) The royalty pursuant to Paragraph (1) hereof shall be a reasonable amount 
which is determined by consultation as between the holder of a layout-design 
right or the exclusive licensee, and the bona fide person. 
(3) The provision in Article 760: Paragraphs (1) and (2), and Article 766 of the 
Civil Code shall apply mutatis mutandis to exercise of the right to demand under 
Paragraph (1) hereof. 
CHAPTER VI 
SUPPLEMENTARY PROVISIONS 
Article 39 Hearing 
The Commissioner of the Korean Industrial Property Office shall hold a hearing 
for disposition corresponding to any of the following: 
( i ) Cancellation of an arbitration under Article 15, Paragraph (1), or 
( i i) Cancellation of a registration of establishment of a layout-design right 
under Article 24 
Article 40 Fees 
(1) Anyone who wishes to obtain a registration of establishment under Article 
21, Paragraph (1) or a registration under Article 23, Paragraphs (1) and (2), or 
anyone who wishes to request for an issuance of various types of certificates on 
a layout-design right shall pay the fees. 
(2) The items and the amounts of fees pursuant to Paragraph (1) hereof shall be 
determined by the Decree of the Minister of Commerce, Industry and Energy. IPINIlIKORlLlI 
Page 20 
Article 41 Venue for Nonresidents 
The address or place of business of the Layout-Design Administrator shall be 
deemed to be the situs of the res under Article 9 of the Code of Civil Procedure 
where a Layout-Design Administrator has been appointed for a registered 
layout-design right held by a Nonresident; however, the location of the Supreme 
Court shall be deemed to be the situs of res where a Layout-Design 
Administrator has not been appointed. 
Article 42 Deleted 
Article 43 Fostering of Layout-Design Technology 
(1) The Commissioner of the Korean Industrial Property Office shall provide 
measures necessary for improving technology and promoting development of 
the domestic layout-designs and shall also establish supporting polices with 
respect to taxation, financing and administration. 
(2) The Commissioner of the Korean Industrial Property Office may support and 
foster research institutions or organizations for technology development and 
training of personnel in connection with layout-designs. 
Article 44 Obligation to Preserve Confidentiality 
An official engaging in the registration of a layout-design or a person who was 
engaged in the job under the provisions of Articles 19 to 24, a Committee 
member or a person who has ever worked on the Committee to mediate under 
Article 25, Paragraph (2) hereof shall not divulge to others the secrets which he 
learned in the course of such job. 
CHAPTER VII 
PENAL PROVISIONS 
Article 45 Offense of Infringement, etc. 
(1) A person who infringes a layout-design right under Article 8 hereof or an 
exclusive license under Article 11 hereof shall be liable to imprisonment with 
labor not exceeding three years or to a fine not exceeding 50,000,000 Won, or 
both. IPIN/1IKOR/L1l 
Page 21 
(2) An offense under paragraph (1) hereof shall be prosecuted only upon the 
filing of a complaint. 
Article 46 Offense of False Marking 
A person who makes a false marking of a registration under Article 22 on a 
semiconductor integrated circuit containing an unregistered layout-design under 
Article 21 Paragraph (1) or on the packaging etc. thereof, or a person who 
assigns or leases a semiconductor integrated circuit bearing a false marking of a 
registration, shall be liable to imprisonment with labor not exceeding one year or 
to a fine not exceeding 3,000,000 Won. 
Article 47 Offense of Fraud 
A person who was granted a registration of establishment of a layout-design 
under Article 21, Paragraph (1) by fraud or other unjust acts shall be liable to 
imprisonment with labor not exceeding one year or to a fine not exceeding 
3,000,000 Won. 
Article 48 Offense of Divulging secrets 
A person who violates the provisions of Article 44 hereof shall be liable to 
imprisonment with labor not exceeding two years or to a fine not exceeding 
5,000,000 Won. 
Article 49 Dual Liability 
When a representative of a corporation, an agent representing a corporation or 
an individual, an employer or an employee thereof commits a violative act 
referred to under Article 45, Paragraph (1), Article 46 or Article 47 concerning the 
acts of the corporation or the individual, the corporation or the individual person 
shall be liable to the fine prescribed in each of the corresponding Articles hereof, 
and the violator shall also be punished. 
Article 50 Deleted 
ADDENDUM 
This Act shall be effective from January 1, 1999. IP INIlIKOR/L1l 
Page 22 
ENFORCEMENT DECREE 
OF 
ACT ON THE LAYOUT-DESIGN OF 
SEMICONDUCTOR INTEGRATED CIRCUITS 
Presidential Decree No. 13972, Promulgated on Aug. 31, 1993 
As last Amended by Presidential Decree No. 16045 , Dec. 31, 1998 
CHAPTER 1 3 
GENERAL PROVISIONS _______________________ 3 
~A~rt~i~cl~e~1L__P~uwr4Pruo~sek _____________________________________________________ 3 
ArticLe..2. ....... r.ro£.edures.for.N.on~.Re.s.i.dents ___________________ 3 
Article 3 Justifiable Reasons for Non-Use of Layout-Design 3 
Article 4 Application for Arbitration 4 
Article 5 Delivery of the Copy of and Public Notification of the Application for Arbitration _ 4 
Arti£le .. 6 .. _._Ab.us.e..of.Rigltt _______________________ 5 
Article 7 Certificate of Arbitration 5 
Article 8 Deliyery of a Copy of the Certificate of Arbitration 6 
Article 9 Deposit of Compensation 6 
.Ar..tkle..1Q. __ .. rr.m;.e.d.un~.fo.LCa.ncdla.tion..Qf.Arbitr.aj;iQD 6 
~C~H~A~P1T~E~Ru2._____________________________________ _________ 6 
BE.GlS.TBAILQN. .. QELA.Y..QUT::D.ES.I.GN.BlG.HT _________________ 6 
.uAu.rt .... i""cI .... e'--'I .... I __ ~A~pI'lPfUl.uic .... a""ti""'-on......,fo"-'r~RlLMo<,egIE.'·"'-stur ... at .... io...,nLL-'LofL..E.....,st"'a.&Lb.u.li.ush.um.u;e'""n"'-'t'-'ou.f .... L_a~y.1I.ou""t ... -D ......... e ... si'6gn ....... Ri .... ·6'gb....,t, ________ 6 
Article 12 Dismissal of Applicatioo for Registration of Establishment _______________ 7 
Article 13 public Notification in Official Gazette of Registration of Establishment 8 
Arti£le . .14. .... _ . .F.onnat.of.the . .Re.gis.t~.r 8 
Arti£le . .1S._._Lo..s..s .. of.Jbe .. Register 8 
Article 16 Applicant for Registration 8 
Article 17 Application for Registration other than Registration of Establishment 9 
Article 18 Accompanying Documents 9 
ArticLe..l!L. .... Omissiun.of.A.ccumpanY-ing.Do.cuments 10 
Article 20 Description of Matters relating to Extinguishment of Right ______________ 10 
Article 21 Description of Shares 10 
Article 22 Accompanying of Family Census Register 11 
Arti£le . .23._-.CullSolidate.d.Ap.pJication 11 
Article 24 Obligee's Subrogation to the Obligor 11 
Article 25 Notification of Errors or Omissions 11 IP/N/lIKORlLl 1 
Page 23 
Article 26 Ex Officio Correction 11 -------------------------------------
Artide.2.7. ........ Cancellati!J.n.of..Regis.tr.ation.uf.E.s.tabl1.£hment.oJ.La):.uu.t:-D.e.sigo.Right ____ 12 
Article 28 Patent Registration Decree 12 
.CHAP.TER..3., _______________________ 12 
LAYOUT-DESIGN REVIEW AND MEDIATION COMMITTEE 12 
~A~rt~ic~l~e~2~9 __ ~C~h~a~ir~m~a~n~a~n~d~~~c~e-~C~h~a~ir~m~a~n. _______________________________ 12 
Article 30 Conmcation of Meeting and Quorum ____________________________ 12 
Articl.e.3.1 ....... .Allo.\nl.O.c.es .. alld_TJ:anLE~p.ellses __ of.M.e.mb.e rs 13 
Article 32 procedure of Mediation 13 
Article 33 Executive Secretary amI Other Clerical Staff 13 
Article 34 Enforcement Regulations 14 
CHAPTER 4 14 
SUPPLEMENTARyRUL£S ____________________________ 14 
Artide .. 35 ....... .Regis.tr.ation .. Cer.tific.ate.fo.r.L~:o.u.t::D.esign 14 
Article 36 public Reading of the Register 14 
Article 37 Deleted ____________________________________________ 15 
Article 38 Deleted 15 
AD.DEND~M _______________________________________________ 15 IP /N1l/KOR/L1l 
Page 24 
CHAPTER 1 
GENERAL PROVISIONS 
Article 1 Purpose 
The purpose of this Enforcement Decree is to establish detailed procedures for 
matters regarding the Act Concerning the Layout-Design of Semiconductor 
Integrated Circuits (hereinafter referred to as the "Act") and for matters 
necessary to implement the Act. 
Article 2 Procedures for Non-Residents 
"Where allowed under the Presidential Decree" mentioned in Article 4, 
Paragraph 1 of the Act refers to cases where a non-resident (a non-resident 
prescribed in Article 4, Paragraph 1 of the Act, or in the case of a corporate entity, 
its representative) who has appointed a layout-design administrator (hereinafter 
"a layout-design administrator) as prescribed in Article 3 of the Act stays in 
Korea. 
Article 3 Justifiable Reasons for Non-Use of Layout-Design 
(1) Any of the following items shall constitute "justifiable reasons as determined 
by the Presidential Decree" mentioned in Article 13, Paragraph 1, Item 1 of the 
Act: 
1. where the layout-design as prescribed in Article 2, Item 2 of the Act 
(hereinafter referred to as the "layout-design") has not been used by a 
person who has registered for establishment as prescribed in Article 21, 
Paragraph 1 of the Act, a person who has succeeded to the rights 
therefrom (hereinafter referred to as the "holder of the layout-design 
right"), or an exclusive licensee as prescribed in Article 11, Paragraph 2 of 
the Act (hereinafter referred to as the "exclusive licensee") due to his 
mental or physical disorder, to be certified by the representative of a 
medical institution above the hospital grade as prescribed in Article 3, 
Paragraph 4 of the Medical Treatment Act; 
2. where the layout-design has not been used because of the delays therein 
in cases where the license or approval of the administrative agency, or 
consent or permission of other persons are necessary for use of the 
layout-design as prescribed in Article 2, Paragraph 4 of the Act 
(hereinafter referred to as the "use of the layout-design"); 
3. where the layout-design has not been used because raw materials or 
facilities necessary for using the layout-design are prohibited to be 
imported; or 
4. where the layout-design has not been used because it is impossible to use 
the layout-design on a business scale due to a lack or shortage of 
demand for use of the layout-design. IP/N/lIKOR/LI1 
Page 25 
(2) The above items in Paragraph 1 shall apply mutatis mutandis to "justifiable 
reasons" mentioned in Article 13, Paragraph 1, Item 2 of the Act. 
Article 4 Application for Arbitration 
(1) A person who wishes to apply for arbitration of establishment of a non­
exclusive license as prescribed in Article 12 of the Act (hereinafter referred to as 
the "non-exclusive license") under Article 13, Paragraph 2 or 3 of the Act 
(hereinafter referred to as the "applicant for arbitration") shall submit an 
application to the Commissioner of the Korean Industrial Property Office, in 
which the following information shall be provided (hereinafter referred to as the 
"application for mediation"): 
1. the registration number of the layout-design right; 
2. the applicant's name, address, and resident registration number (or, in the 
case of a corporate entity, the trade name, place of business and name of 
representative) ; 
3. the name, address and resident registration number of the layout-design 
right holder, or of any other person(s) who have registered for an 
exclusive license, a non-exclusive license, and a pledge thereof as 
prescribed in Article 16 of the Act (hereinafter referred to as the "rights 
relating to the layout-design") (or, in the case of a corporate entity, the 
trade name, place of business and name of representative); 
4. the purpose and reason(s) for the application; 
5_ the scope of the non-exclusive license; and 
6. he amount of compensation, and the method and time for making the 
compensation. 
(2) An application for arbitration as prescribed in Paragraph 1 shall be 
accompanied by the following documents: 
1. documents presenting the grounds for the amount of compensation in 
consideration of the economical value of the layout-design right or 
exclusive license; and 
2. documents as proof of the reason for the application. 
Article 5 Delivery of the Copy of and Public Notification of the Application 
for Arbitration 
(1) Where there is an application as prescribed in Article 4 above, the 
Commissioner of the Korean Industrial Property Office shall deliver a copy of the 
application for arbitration, and grant an opportunity to the layout-design right 
holder and any other person(s) who have registered for the rights regarding 
layout-design to submit a written reply within the period provided (between one 
(1) and three (3) months). Notwithstanding the above provision, in the case of an IP/N/1/KOR/L/l 
Page 26 
arbitration application under Article 13, Paragraph 3, the procedure for 
submitting a written reply may be omitted. 
(2) Where there is a reply submitted in accordance with Paragraph 1 above, the 
Commissioner of the Korean Industrial Property Office shall deliver a copy of the 
written reply to the applicant. 
(3) Where there is an arbitration application as prescribed in Article 4 above, the 
Commissioner of the Korean Industrial Property Office shall make public 
notification of the application's purpose in the Official Gazette or the Patent 
Gazette as prescribed in Article 221 of the Patent Act (hereinafter referred to as 
the "Official Gazette"). 
Article 6 Abuse of Right 
"Cause as provided in the Presidential Decree" mentioned in Article 13, 
Paragraph 4, Item 2 of the Act means one of the following: 
1. Where corrective measures have been ordered by the Fair Trade 
Commission under Article 24 of the Monopoly Regulation and Fair Trade 
Act (hereinafter referred to as the "MRFTA") to be taken against non-use 
of a layout-design by the layout-design right holder or by the exclusive 
licensee where the non-use of the layout-design constitutes either 
"abusive prActices" as prescribed in Article 3-2 of the MRFTA or "unfair 
prActices" as prescribed in Article 23 of the MRFTA; or 
2. Where the layout-design fails to be used within Korea on a substantial 
business scale for over two consecutive years, or fails to satisfy demands 
in Korea in proper terms and conditions. 
Article 7 Certificate of Arbitration 
When an arbitration is awarded under Article 13, Paragraph 4 of the Act 
(hereinafter referred to as the "arbitral award"), the following items shall be 
prescribed in the certificate of arbitration (hereinafter referred to as the 
"certificate of arbitration"): 
1. a serial number of the arbitral awards; 
2. the registration number of the layout-design right; 
3. the applicant's name, address, and resident registration number (or, in the 
case of a corporate entity, the trade name, place of business, and name 
of representative); 
4. the name, address and resident registration number of the layout-design 
right holder, and of any other person(s) who have registered for the rights 
relating to the layout-design (or, in the case of a corporate entity, the trade 
name, place of business and name of representative); 
5. the main texts of the arbitral award (including contents of the arbitral 
awards as defined in Article 13, Paragraph 5 of the Act); IP/N/IIKOR/L1l 
Page 27 
6. the reason(s) for the arbitral award (including the purport and reason(s) for 
the application for arbitration); and 
7. the date of the arbitral award being made. 
Article 8 Delivery of a Copy of the Certificate of Arbitration 
When the Commissioner of the Korean Industrial Property Office has awarded 
an arbitration, he shall deliver an official copy of the certificate of arbitration to 
the applicant, the layout-design right holder and any other person(s) who have 
registered for the rights relating to the layout-design. 
Article 9 Deposit of Compensation 
An applicant for arbitration may deposit the compensation when he wishes to 
pay the compensation under Article 13, Paragraph 5, Item 2 of the Act if: 
1. the person who is entitled to receive the compensation refuses or is unable 
to receive it; 
2. a Actsuit has been brought regarding the amount of the compensation; or 
3. a pledge right, the subject matter of which is the layout-design right or 
exclusive license, has been established, except in cases where the 
pledgee agrees to the compensation being paid out. 
Article 10 Procedure for Cancellation of Arbitration 
(1) Cancellation of arbitral awards under Article 15, Paragraph 1 of the Act shall 
be made in writing and the reason thereof shall be specified. 
(2) Articles 4, 5, and 8 above shall apply mutatis mutandis to the procedure for 
cancellation of arbitral awards as prescribed in Paragraph 1 above. In this case, 
"arbitration" is substituted by "cancellation of arbitration," "application for 
arbitration" by "application for cancellation of arbitration," "applicant for 
arbitration" by "applicant for cancellation of arbitration," and "certificate of 
arbitration" by "certificate of cancellation of arbitration." 
CHAPTER 2 
REGISTRATION OF LAYOUT-DESIGN RIGHT 
Article 11 Application for Registration of Establishment of Layout-Design 
Right 
(1) A person who wishes to apply for the registration of establishment of the 
layout-design right as prescribed in Article 19, Paragraph 1 of the Act shall IP /N/l/KORlLll 
Page 28 
submit to the Commissioner of the Korean Industrial Property Office an 
application describing the following items (hereinafter referred to as the 
"application"): 
1. the applicant's name, address, and resident registration number (or, in the 
case of a corporate entity, the trade name, place of business, and name 
of representative); 
2. the date of application; 
3. the date that the layout-design was created; 
4. where the Acts as defined in Article 2, Item 4 of the Act are committed for a 
business purpose with respect to the layout-design, the first date of such 
Acts; 
5. the name, address and resident registration number of the creator of the 
layout-design (or, in the case of a corporate entity, the trade name, place 
of business, and name of representative); 
6. where there is an agent for application, the full name, address or place of 
business, and resident registration number of the agent; and 
7. other matters as provided for in the Decree of the Ministry of Commerce, 
Industry and Energy. 
(2) The application for registration of establishment shall be accompanied by the 
following: 
1. drawings or photographic pictures representing the layout-design relating 
to the application, as defined in the Decree of the Ministry of Commerce, 
Industry and Energy; 
2. documents establishing that the applicant is the creator of the layout -
design; 
3. documents showing authorization when the application is made by an 
agent who is not the layout-design administrator; 
4. certificate of nationality when the applicant is a foreign national; and 
5. other documents as provided for in the Decree of the Ministry of Commerce, 
Industry and Energy. 
(3) In submitting documents mentioned in Paragraph 2 above, when the 
applicant wishes to protect confidential information, he may petition to that effect 
in writing as prescribed in the Decree of the Ministry of Commerce, Industry and 
Energy. 
Article 12 Dismissal of Application for Registration of Establishment 
"Certain conditions provided in the Presidential Decree" as mentioned in Article 
20, Paragraph 1, Item 4 of the Act shall exist where: 
1. the application does not provide all the information as required by Article 11, 
Paragraph 1; IP/N/IIKORJLIl 
Page 29 
2. the matters mentioned in the application are not consistent with the 
accompanying drawings or other documents as required by Article 11, 
Paragraph 2; 
3. the application is not accompanied by the drawings and other documents 
required by Article 11, Paragraph 2, or the accompanying drawings, or 
these are not consistent with each other; or 
4. registration fees under Article 40 of the Act have not been paid. 
Article 13 Public Notification in Official Gazette of Registration of 
Establishment 
(1) The Commissioner of the Korean Industrial Property Office shall make public 
notification in the Official Gazette, etc. where there has been a registration of 
establishment of the layout-design right under Article 21, Paragraph 1 of the Act. 
(2) Specific matters to be included in the Official Gazette as mentioned in 
Paragraph 1 above shall be provided for in the Decree of the Ministry of 
Commerce, Industry and Energy. 
Article 14 Format of the Register 
The Commissioner of the Korean Industrial Property Office shall make the 
register of registration of establishment of layout-design rights as prescribed in 
Article 21. Paragraph 2 of the Act (hereinafter referred to as the "register") on 
magnetic tapes, etc. The format of, and method of filling in, the register and other 
auxiliary documentation shall be provided for in the Decree of the Ministry of 
Commerce, Industry and Energy. 
Article 15 Loss of the Register 
The Commissioner of the Korean Industrial Property Office shall make a public 
notice, when the register, or a part therof, has been lost, that the holder of a 
layout-design right, who has applied for restoration of the registration within a 
provided period, which shall not be less than three (3) months, is entitled to the 
priority awarded prior to the loss. 
Article 16 Applicant for Registration 
Registration under Article 23, Paragraph 1 of the Act shall be applied jointly by 
the registration obligee and the registration obligor. The registration obligee, 
however, may apply alone for registration if: 
1. a letter of consent of the registration obligee is attached to the application; 
or 
2. registration is to be made on the basis of a judicial judgment, inheritance, IP /N/l/KORILIl 
Page 30 
or merger. 
Article 17 Application for Registration other than Registration of 
Establishment 
.(1) A person who wishes to apply for registration under Article 4, Paragraphs 3 
and 4, and Article 23, Paragraph 1 of the Act shall submit to the Commissioner of 
the Korean Industrial Property Office an application containing: 
1. the applicant's name, address, and resident registration number (or, in the 
case of a corporate entity, the trade name, place of business, and name 
of representative); 
2. date of application; 
3. name, and address or place of business of the agent (if any); 
4. registration number of the layout-design right; 
5. reason(s) for registration and the date when the reason(s) evolved; 
6. where the purpose of registration is related to the rights relating to layout­
design, a description of the rights subject to be registered; and 
7. where the purpose of registration is related to the layout-design 
administrator, the name, address and resident registration number of the 
layout-design administrator (or, in the case of a corporation, the trade 
name, place of business, and name of representative), and the scope of 
power of attorney. 
(2) A person who wishes to apply for registration of establishment of an 
exclusive license or a non-exclusive license shall describe the following in 
addition to the items in Paragraph 1 above: 
1. the scope of the exclusive license or the non-exclusive license to be 
established; and 
2. matters, if prescribed in the reasons for registration, relating to the amount 
of compensation, and the method and time for making the compensation. 
(3) A person who wishes to apply for registration of assignment of an exclusive 
license or a non-exclusive license shall describe, in addition to the items in 
Paragraph 1 above, the scope of the exclusive license or the non-exclusive 
license to be assigned. 
Article 18 Accompanying Documents 
(1) The following documents shall accompany the application as prescribed in 
Article 17: 
1. document showing the cause of registration; 
2. document showing the consent or permission of a third party, if consent or 
permission is necessary, which may be substituted by placing the seal of the third party on the application; IP/N/IIKORILIl 
Page 31 
3. document showing authorization when the application for registration is 
made by an agent who is not the Layout-design Administrator; 
4. certificate of nationality or document as proof of foreign incorporation when 
the applicant is a foreign national or corporation; and 
5. registration obligor's certificate of a seal impression (or corresponding 
certificate for a foreigner or foreign corporation, for a foreigner of a foreign 
country where there is no such system for certificate of seal impression). 
In such cases, the certificate shall be that issued three (3) months from 
the submission. 
(2) Where the document as proof of the reasons for registration is an 
enforceable judgement, the documents required under Paragraph 1, Item 2 need 
not be accompanied. 
(3) With regard to Article 17, Paragraph 3, in cases where an exclusive license 
or a non-exclusive license is transferred in conjunction with the business of using 
the layout-design, the documents required under Paragraph 1 above shall be 
accompanied by documents certifying the transfer. 
Article 19 Omission of Accompanying Documents 
(1) If more than one application is filed for registration of establishment as 
prescribed in Articles 11 and 17, only one copy of any overlapping documents 
needs to be submitted if so stated in the application. 
(2) With regard to applying for registration as prescribed in Paragraph 1 above, if 
any document that is to accompany the application was already submitted and 
there has been no change in :its contents, the document may be omitted if so 
stated in the application. 
Article 20 Description of Matters relating to Extinguishment of Right 
The applicant for registration under Article 19, Paragraph 1 (hereinafter referred 
to as the "applicant") shall describe in the application, if any, provisions 
regarding the extinguishment of right which is intended for registration. 
Article 21 Description of Shares 
(1) In cases where the layout-design rights or the rights relating to the layout­
design are jointly owned by more than two persons, and the terms of the shares 
are fixed, the shares thereof shall be stated in the application. The same 
statements shall be made when an application is filed for transfer of a partial 
interest in a layout-design right or the rights relating to the layout-design. IP/N/l/KOR/Lll 
Page 32 
(2) In cases where the layout-design rights or the rights relating to the layout­
design are jOintly owned by more than two persons, the applicant shall describe 
any provisions under Article 10, Paragraph 4 of the Act (including Article 11, 
Paragraph 6 and Article 12, Paragraph 5 of the Act) or Article 268, Paragraph 1 
of the Civil Code on the application. 
Article 22 Accompanying of Family Census Register 
Where a registration is made due to an inheritance or a merger of corporations, 
the application shall be accompanied by a certified or abstrAct copy of the family 
census register or a document as proof of the fActs thereof. 
Article 23 Consolidated Application 
An application of registration may contain a request for more than one layout­
design rights or the rights relating to the layout-design if the reasons and 
objectives for registration thereof are the same. 
Article 24 Obligee's Subrogation to the Obligor 
Where an application is based upon the obligee's subrogation to the obligor as 
prescribed in Article 404 of the Civil Code, the following information must be 
provided to the Commissioner of the Korean Industrial Property Office on the 
application, accompanied by a document certifying the reason(s) for the 
subrogation: 
1. the names, addresses, and resident registration numbers of both obligee 
and obligor (or, in the case of a corporation, the trade name, place of 
business and name of representative); and 
2. the reason(s) for the subrogation. 
Article 25 Notification of Errors or Omissions 
If any errors or omissions are found after registration as prescribed in Article 21, 
Paragraph 1 or Article 23, Paragraph 1 of the Act, the Commissioner of the 
Korean Industrial Property Office shall notify the registration obligee, the 
registration obligor, or any other party of interest in writing without delay. 
Article 26 Ex Officio Correction 
If errors or omissions as prescribed in Article 25 were caused by a government 
official, the Commissioner of the Korean Industrial Property Office shall make a 
correction without delay unless there is a third party of interest, and notify the 
gist thereof in writing to the obligee and the obligor. IP/N/IIKORILIl 
Page 33 
Article 27 Cancellation of Registration of Establishment of Layout-Design 
Right 
(1) Cancellation of registration of establishment of a layout-design right as 
prescribed in Article 24 of the Act must be made in writing, and the reason 
thereof must be specified. 
(2) Public notification shall be made in the Official Gazette for cancellation of 
registration of establishment of a layout-design right as mentioned in Paragraph 
1 above. 
Article 28 Patent Registration Decree 
Articles 2 to 7, 11 to 14, 17, 19 to 23,30,33 to 35, and 42 to 63 of the Patent 
Registration Decree shall apply mutatis mutandis to the case where registration 
is to be made as prescribed in Article 23, Paragraph 1 of the Act. In these 
cases, "patent right" shall be substituted by "layout-design right," "patent" by 
"layout-design," "patent register" by "layout-design register," "patent number" by 
"registration number of the layout-design right," "exclusive license" by "exclusive 
right," "non-exclusive license" by "non-exclusive use," and "patent trust register" 
by "layout-design trust register." 
CHAPTER 3 
LAYOUT-DESIGN REVIEW AND MEDIATION COMMITTEE 
Article 29 Chairman and Vice-Chairman 
(1) The Chairman of the Layout-design Review and Mediation Committee as 
prescribed in Article 25, Paragraph 1 of the Act (hereinafter referred to as the 
"Committee") shall take charge of the affairs of the Committee, and shall 
represent the Committee. 
(2) The Vice-chairman shall assist the Chairman, and, if the Chairman is absent, 
the Vice-president shall Act on behalf of the Chairman. 
Article 30 Convocation of Meeting and Quorum 
(1) The Chairman shall convene the Committee meeting and preside over it. 
(2) When the Chairman convenes the Committee meeting (hereinafter referred 
to as the "meeting"), he shall notify the review and mediation members 
(hereinafter referred to as the "members") of the date and place of the meeting 
and of issues to be reviewed or mediated in the meeting at least five (5) days IP/N/l/KORlLll 
Page 34 
before the meeting unless there is an emergency or other unavoidable reason 
for not doing so. 
(3) The Committee shall commence its meeting when two-thirds or more of the 
members are in attendance and shall make decisions by a concurrent vote of a 
majority of members present. 
(4) No members shall participate in the deliberation or mediation of a case in 
which he has a direct interest. 
Article 31 Allowances and Travel Expenses of Members 
Members and expert witnesses participating in the meeting shall receive a duty 
allowance and travelling expenses within the limits of the committee's budget. 
Neither allowance nor expenses shall be paid to a member who, as a public 
official of a governmental department, participates in the meeting in the course 
of executing his duties as a government official. 
Article 32 Procedure of Mediation 
(1) A person who desires to request a mediation under Article 27, Paragraph 1 of 
the Act shall submit a request for mediation to the Committee following 
procedures prescribed by the Committee. 
(2) When the Chairman has received a request for mediation under Paragraph 1 
above, he shall forward the request to the mediation panel as prescribed in 
Article 28 of the Act (hereinafter referred to as the "mediation panel"). 
(3) In cases where the mediation panel is in receipt of a request for mediation as 
mentioned in Paragraph 2 above, the mediation panel may provide parties, their 
agents or other persons interested in the mediation with an opportunity to state 
their opinions and take into account the opinions of relevant experts. 
(4) The mediation panel may prepare a proposal of mediation, present it to the 
parties concerned, and recommend that it be accepted. 
(5) If a mediation is effectuated under Article 29, Paragraph 1 of the Act, the 
Committee shall report it without delay to the Commissioner of the Korean 
Industrial Property Office, and shall administer and preserve the protocol and 
other records concerning the mediation. 
Article 33 Executive Secretary and Other Clerical Staff 
(1) There shall be one executive secretary and a few persons serving on the 
clerical staff of the Committee. IJ>~/I/EC()~/l 
J>age 35 
(2) The Commissioner of the Korean Industrial Property Office shall appoint an 
executive secretary and other clerical staff members from among public officials 
who are in charge of registration of establishment of layout-design rights under 
Article 21 of the Act. 
(3) The executive secretary shall manage the affairs of the Committee in 
accordance with the instructions of the Chairman and shall be assisted by other 
clerical members. 
Article 34 Enforcement Regulations 
Matters necessary for administration of the Committee, other than matters as 
prescribed in this Enforcement Decree, shall be addressed by the Chairman, 
after a resolution by the Committee. 
CHAPTER 4 
SUPPLEMENTARY RULES 
Article 35 Registration Certificate for Layout-Design 
The following items shall be stated in a registration certificate for the layout­
design to be issued in accordance with Article 21, Paragraph 3 of the Act: 
1. the holder of a layout-design right, 
2. the registration number and date of registration, and 
3. other matters as provided for in the Decree of the Ministry of Commerce, 
Industry and Energy. 
Article 36 Public Reading of the Register 
(1) Where one of the following items has been requested in accordance with 
Article 21, Paragraph 4 of the Act, the Commissioner of the Korean Industrial 
Property Office shall respond to such request without delay unless there is a 
special cause: 
1. request to obtain a certified copy or an abstrAct copy of a layout-design 
register as prescribed in Article 21 of the Act, or 
2. request to publicly read, or to obtain a copy of, a layout-design register as 
prescribed in Article 21 of the Act, an application and accompanying 
documents as prescribed in Articles 11 and 17 of the Act (not including 
the request for a copy of a drawing or photograph for the layout-design). 
(2) Public reading as prescribed in Paragraph 1 above shall only be allowed in a 
designated place in the presence of a government official who is in charge of the 
register. IP/N/1/KOR/L1l 
Page 36 
Article 37 Deleted 
Article 38 Deleted 
ADDENDUM 
This Decree shall come into effect on and after January 1, 1999.