WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
 IP/N/1/KOR/D/3 
10 October 2011 
 
(11-4921) 
  
Council for Trade-Related Aspects  of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
 The present document reproduces the text
1 of the Design Protection Act and of the Enforcement 
Decree of the Design Protection Act, as notified by the Republic of Korea on 25 October 2010 under 
Article 63.2 of the Agreement (see document IP/N/1/KOR/2). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
 Le présent document contient le texte
1 de la Loi sur la protection des dessins et modèles et du  
Décret d'application y relatif, notifiés par la République de Corée le 25 octobre 2010 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/KOR/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Protección de Dibujos y 
Modelos y de su Decreto de aplicación, notificad os por la República de Corea el 25 de octubre 
de  2010 de conformidad con el párrafo  2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/KOR/2).  
                                                      
1 In English only/En anglais seulement./En inglés solamente.   
  IP/N/1/KOR/D/3 
 Page 3 
 
 
  DESIGN PROTECTION ACT 
 
 CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) 
 
The purpose of this Act is to encourage the creat ion of designs by ensuring their protection and 
utilization, so as to contribute to the devel opment of industry. <Amended by Act No. 7289, 
Dec. 31, 2004>  
Article 2 (Definitions) 
 The definitions of the terms used in this Ac t shall be as follows: <Amended by Act No. 5082, 
Dec. 29, 1995; Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004  
 
1. The term "design" means the shape, pattern, or color, or a combination of these of an article 
(including part of an article (excluding Article 12) and font; hereinafter the same shall apply), which 
produces an aesthetic impression in the sense of sight; 1-2. The term "font" means a set of characters (i ncluding forms such as numbers, letter marks, 
symbols, etc.) of the same style which is used for recording, marking or printing; 
2. The term "registered design" means a design fo r which design registration has been granted;  
3. The term "design registration" means exam ined design registration or unexamined design 
registration; 4. The term "examined design registration" mean s registration of a design that is subject to 
examination as to whether the app lication for design registration satisfies all the requirements for 
design registration; 
5. The term "unexamined design registration" mean s registration of a design that is subject to 
examination as to whether the application for design  registration satisfies the requirements for design 
registration under this Act, with the exception of th e requirements not applicable under Article 26 (2);  
6. The term "working of a design" means any act of manufacturing, using, assigning, leasing, 
importing, or offering for assignment or lease of (including displaying for the purpose of assignment 
or lease; hereinafter the same shall apply) an  article to which a design has been applied. 
 Article 3 (Persons Entitled to Obtain Design Registration) 
 (1) Any person who creates or succeeds to a design shall be entitled to obtain a design registration 
therefor in accordance with this Act: Provided, Th at employees of the Korean Intellectual Property 
Office and the Korean Intellectual Property Tribunal shall not obtain a design registration during their 
employment at the office except for inherita nce or bequest. <Amended by Act No. 4595, 
Dec. 10, 1993; Act No. 4894, Jan. 5, 1995; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>   (2) If two or more persons jointly create a design, the right to obtain a design registration shall be 
jointly owned. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004>  
 Article 4 (Legal Capacity of Minors, etc.)  (1) Minors, quasi-incompetents or incompetents shall not undertake the procedure for filing an 
application, requesting an examination, or any ot her procedure related to registration of designs 
(hereinafter referred to as "design-related procedure") unless represented by their legal representatives: Provided, That this provision shall not  apply where a minor or a quasi-incompetent is 
capable of performing legal acts by becoming independent.  IP/N/1/KOR/D/3 
Page 4  
  
  (2) The legal representative referr ed to in paragraph (1) may, without the consent of the family 
council, act in any procedure for objection against unexamined design registra tion, trial or retrial 
initiated by another party.  [This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]  
Article 4-2 (Association, etc. which is not Juridical Person) 
A representative or an administra tor, who has been so designated by an association or a foundation, 
other than a juridical person, may file an objecti on against any unexamined design registration, or 
appear as a plaintiff or a defendant in a trial or  retrial in its associati on or foundation name.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
Article 4-3 (Design Administrators for Overseas Residents)  (1) Any person who has neither an address nor a place of business in the Republic of Korea 
(hereinafter referred to as "overseas resident") may not, except where such overseas resident (or a 
representative thereof in case of a juridical person) is  sojourning in the Republic of Korea, initiate any 
design-related procedure, nor appeal any disposition issued by an administrative agency in accordance 
with this Act or any order thereunder, unless he/she is represented by an agent with respect to such 
overseas resident's design, who has an address or  a place of business in the Republic of Korea 
(hereinafter referred to as "design administrator").   
(2) Each design administrator shall, within the scope  of power delegated to him/her, represent a party 
in all procedures relating to a design and in any legal actions against a disposition issued by an 
administrative agency in accordance with  this Act or any order thereunder.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
Article 4-4 (Scope of Au thority of Representation) 
 An agent who is delegated to undertake a design-re lated procedure by a person who has an address or 
a place of business in the Republic of Korea shall not conduct any of the acts described in the 
following subparagraphs, unless expressly so empowered:  
1. To abandon or withdraw an application for design registration, or to abandon a design right; 
2. To withdraw an application; 3. To withdraw a request; 4. To request for a trial under Article 67-2 or 67-3;  5. To appoint subagent. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 4-5 (Proof of Authority of Representation)  An agent of a person who is initiating a design-rela ted procedure (including a design administrator; 
hereinafter the same shall apply) shall present a wr itten proof of his/her aut hority of representation. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 4-6 (Ratification of Defects in Legal Capacity, etc.)  Design-related procedures, initiated by a person w ho has no legal capacity or authority of legal 
representation or who has defects in his/her delegate d authority necessary to initiate such procedures, 
shall become effective retroactiv ely to the time such procedures ar e performed if the procedures are 
ratified by the party concerned when he/she has gained capacity to proceed or by his/her legal 
representative.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] IP/N/1/KOR/D/3 
 Page 5 
 
 
   
Article 4-7 (Non-Extinguishment of Authority of Representation)   No authority of representation of an agent comm issioned by a person undertaking a design-related 
procedure shall be extinguished due to any r eason prescribed in the following subparagraphs: 
 
1. Death or loss of legal capacity of the party concerned; 2. Extinguishment of the party concerned, which is a juridical person, due to a merger; 3. Termination of the trust duty of the party concerned; 4. Death or loss of legal capacity of the legal representative;  
5. Modification or extinguishmen t of the authority of representa tion of the legal representative. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-8 (Independence of Representation)   
Where two or more agents of a person initiating a design-related procedure have been designated, 
each of them shall independently represent the pa rty concerned before the Commissioner of the 
Korean Intellectual Property Office or the President of the Intellectual Property Tribunal.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-9 (Replacement of Representatives, etc.)  
 
(1) If the Commissioner of the Korean Intellectua l Property Office or a presiding administrative 
patent judge considers that a person initiating a d esign-related procedure is  not qualified to conduct 
such a procedure without difficulties or make oral statements, etc., he/she may order an agent to 
undertake the procedure. 
 
(2) If the Commissioner of the Korean Intellectua l Property Office or a presiding administrative 
patent judge considers that the agent of a person initiating a design-related procedure is not qualified 
to conduct such procedure without difficulties or ma ke oral statements, etc. he/she may order the 
replacement of the agent.  
(3) The Commissioner of the Korean Intellectual Prope rty Office or a presiding administrative patent 
judge may, in cases referred to in paragraphs (1) and (2), order the appointment of a patent attorney to 
undertake the procedure.   (4) The Commissioner of the Korean Intellectual Prope rty Office or a presiding administrative patent 
judge may invalidate, in part or in whole, a design-related procedure ta ken before the Korean 
Intellectual Property Office or the Intellectual Property Tribunal by the person initiating the design-
related procedure referred to in para graph (1) or by the agent referred to in paragraph (2) prior to the 
appointment or the replacement of the agent under pa ragraph (1) or (2) after the issuance of an order 
referred to in paragraph (1) or (2).  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
Article 4-10 (Representation of  Two or More Persons)  
 (1) Where two or more persons jointly initiate a desi gn-related procedure, each of them shall represent 
the joint initiators except for actions falling under any of the following subparagraphs: Provided, That 
this shall not apply where those persons have appointed a common representative and have notified 
the Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal thereof:   1. Abandonment or withdrawal of an application for design registration;  IP/N/1/KOR/D/3 
Page 6  
  
  2. Withdrawal of an application; 
3. Withdrawal of a request; 4. Request for a trial under Article 67-2 or 67-3.  (2) Where the common representative has been  appointed and notified under the proviso to 
paragraph (1), a written proof of the fact that the representative has been appointed shall be presented. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-11 (Mutatis Mutandis Application of  Provisions of the Civil Procedure Act)  
 
Except where there are special provisions relating to agents in this Act, the provisions of Part I, 
Chapter II, Section 4 of the Civil Procedure Act sha ll apply mutatis mutandis to agents under this Act.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-12 (Jurisdiction for Overseas Residents)  
 
If an overseas resident has appointed a design admini strator with respect to his/her design right or 
other right relating to a design, the domicile or pl ace of business of the design administrator shall be 
regarded as the location of the property under Article  11 of the Civil Procedure Act; where there is no 
such design administrator, the loca tion of the Korean Intellectual Property Office shall be regarded as 
that of the property under Article 11 of the Civil Procedure Act.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 4-13 (Calculation of Period)  The period provided for in this Act or any orde rs thereunder shall be calculated as follows:  
 
1. The first day of the period shall not be counted unless the period starts at midnight; 2. If the period is expressed in months or years,  it shall be counted according to the calendar;  
3. If the start of the period does not coincide with  the beginning of a month or year, the period shall 
expire on the day preceding the date in the last m onth or year of the period corresponding to the date 
on which the period started: Provided, That where a month or year is used and there is no 
corresponding day in the last month, the period shall expire on the last day of that month;  
4. If the last day of the period for executing a desi gn-related procedure falls on an official holiday 
(including the Workers' Day under the Designation of  Workers' Day Act) or Saturday, the said period 
shall expire on the working day following such holiday or Saturday.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
Article 4-14 (Extension of Period, etc.)   (1) The Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal may extend the period to amend the reasons for objecting unexamined design registration, etc. under Article 29-3 and the period for requesting a trial under Article 67-2 or 67-3, 
upon request or ex officio, only once by up to thirty days: Provided, That for the benefit of a person 
residing in an area that is remote and difficult to access, the number and the period of extension may be increased.  (2) When the Commissioner of the Korean Intell ectual Property Office, the President of the 
Intellectual Property Tribunal, a presiding administrativ e patent judge or an examiner has set a period 
for a design-related procedure under this Act, he/s he may extend or reduce it upon request, or may, ex 
officio, extend it. In such cases,  the Commissioner of the Korean Intellectual Property Office or such 
shall decide on extension or reduction of such pe riod so as not to unfairly jeopardize interest of 
interested parties for relevant procedures.  IP/N/1/KOR/D/3 
 Page 7 
 
 
   
(3) When a presiding administrative patent judge or an examiner has set a date for initiating a design-
related procedure under this Act, he/she may ch ange the date upon request or ex officio.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
Article 4-15 (Invalidation of Procedure)  
 (1) When an applicant ordered to make an amen dment in accordance with Article 17 fails to do so 
within the designated period, the Commissioner of the Korean Intellectual Property Office or the 
President of the Intellectual Property Tribunal may invalidate the procedure related to the design.  
 
(2) When a design-related procedure has been invali dated under paragraph (1) a nd if the delay of the 
time is deemed to have been caused by reasons not attributable to an applicant ordered to make an 
amendment, the Commissioner of the Korean Intell ectual Property Office or the President of the 
Intellectual Property Tribunal may revoke a dispositi on of invalidation at the request of the applicant 
ordered to make an amendment within 14 days fro m the date on which the reasons for the delay cease 
to exist: Provided, That this shall not apply wher e one year has elapsed after the designated period 
expires.   (3) When the Commissioner of the Korean Inte llectual Property Office or the President of the 
Intellectual Property Tribunal orders a dispositio n of invalidation under paragraph (1) or revokes a 
disposition of invalidation under the main sentence of  paragraph (2), he/she shall send a notification 
of such measure to the person who has been ordered to make an amendment. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-16 (Subsequent Completion of Procedure)  
 
If a person who initiated a design-related procedure h as failed to observe the deadline for requesting a 
trial under Article 67-2 or 67-3 or the deadline for requesting a retrial under Article 73-3 due to any 
cause not attributable to himself/herself, he/she ma y subsequently complete the procedure that he/she 
has failed to take within 14 days after the said ca use ceases to exist: Provided, That this shall not 
apply where one year has elapsed after the said period expired. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 4-17 (Succession of Procedural Effect)  The effect of a procedure taken in relation to a d esign right or other right relating to a design shall 
extend to the successor in title thereof.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-18 (Continuation of Procedure by Successor)  Where a design right or other right relating to a desi gn is transferred while a procedure relating to the 
design is pending in the Korean Intellectual Property Office or the Intellectual Property Tribunal, the 
Commissioner of the Korean Intellectual Property O ffice or the presiding administrative patent judge 
may have the successor in title continue the procedure relating to the design.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
Article 4-19 (Interruption of Procedure)  
 If any design-related procedure pending in the Kor ean Intellectual Property Office or the Intellectual 
Property Tribunal falls under any of the following subparagraphs, it shall be interrupted: Provided, 
That this shall not apply where there is an agent authorized to perform the procedure:  IP/N/1/KOR/D/3 
Page 8  
  
   
1. When the party involved has died;  2. When the juridical person involved ha s ceased to exist by reason of merger;  
3. When the party involved has lost the ability to perform the procedure;  
4. When the legal representative of the party i nvolved has died or lost his/her authority of 
representation;  
5. When the duty of a trustee entrusted by the party involved has terminated;  6. When the representative referred to in the prov iso to the part other than the subparagraphs of 
Article 4-10 (1) has died or lost his/her qualification;  7. When a bankruptcy trustee, etc. who acted on behalf of the party involved in his/her own name 
under a certain qualification has lost his/her qualification or died.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-20 (Resumption of Interrupted Procedure)   
When a procedure pending in the Korean Intell ectual Property Office or the Intellectual Property 
Tribunal has been interrupted under Article 4-19, any person who falls under any of the following subparagraphs shall resume the procedure:   1. In the case of subparagraph 1 of Article 4-19,  the deceased person's successor, administrator of 
inheritance, or other person legally authorized to resume the procedure under other Acts: Provided, 
That the deceased person's successor shall not resume the procedure until such time as his/her right to 
succession is no longer subject to renunciation;  2. In the case of subparagraph 2 of Article 4-19, the juridical person established by or existing after 
the merger;  3. In the cases of subparagraphs 3 and 4 of Article 4-19, the party whose ability to take the necessary 
procedure has been restored or any person who becomes the legal representative of the party, 
respectively;  4. In the case of subparagraph 5 of Article 4-19, a new trustee;  5. In the case of subparagraph 6 of Article 4-19,  a new representative or each party involved;  
6. In the case of subparagraph 7 of Article 4- 19, a person having the same qualification.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
Article 4-21 (Requests for Resumption)  (1) Resumption of a procedure interrupted under Ar ticle 4-19 may be requested by a person falling 
under any subparagraph of Artic le 4-20 and a counterparty. 
 
(2) When resumption of a procedure interrupted un der Article 4-19 is requested, the Commissioner of 
the Korean Intellectual Property Office or the pr esiding administrative patent judge shall notify the 
other party of such fact.  (3) The Commissioner of the Korean Intellectual Pr operty Office or an administrative patent judge 
shall, if it has been deemed that there are no gr ounds for a request for resumption of the procedure 
interrupted under Article 4-19, dismiss the request  by a decision after examining the request, ex 
officio.  (4) The Commissioner of the Korean Intellectual Pr operty Office or an administrative patent judge 
shall decide, upon request for resumption, whether to  permit resumption of the interrupted procedure 
after a certified copy of the decision or trial decision is sent.  IP/N/1/KOR/D/3 
 Page 9 
 
 
  (5) If a person referred to in Article 4-20 fails to take over the interrupted procedure, the 
Commissioner of the Korean Intellectual Property Offi ce or an administrative patent judge shall, ex 
officio, order the person to resume such procedure by setting a period.  (6) If no resumption has been made within the set  period provided for in paragraph (5), it is 
considered that the resumption has been made on th e day following the expiration of such set period.  
 (7) If the Commissioner of the Korean Intellectua l Property Office or a presiding administrative 
patent judge deems that resumption is made in acco rdance with paragraph (6), he/she shall notify the 
parties involved thereof.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 4-22 (Suspension of Procedure)   (1) If the Commissioner of the Korean Intellectual Pr operty Office or an administrative patent judge is 
unable to carry out his/her duties due to a natural disaster or other unavoidable reasons, the procedure 
pending in the Korean Intellectual Property Office or the Intellectual Property Tribunal shall be 
suspended until such impedi ments cease to exist. 
 (2) If a party involved is unable to resume a proc edure pending in the Korean Intellectual Property 
Office or the Intellectual Property Tribunal on account of impediments for an indefinite period, the 
Commissioner of the Korean Intellectual Property Of fice or an administrative patent judge may order 
its suspension by issuing a decision.  (3) The Commissioner of the Korean Intellectual Pr operty Office or an administrative patent judge 
may cancel the decision made under paragraph (2). 
 
(4) If a procedure is suspended under paragra ph (1) or (2), or a decision is canceled under 
paragraph (3), the Commissioner of the Korean Intellectual Property Office or the presiding administrative patent judge shall notify the parties involved thereof. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
Article 4-23 (Effect of Interruption or Suspension)  
 Where a design-related procedure pending is interrupted  or suspended, the running of a term shall be 
suspended and the entire term shall start to run ag ain from the time of the notification of resumption 
or continuation of the procedure. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 4-24 (Capacity of Foreigners)   Among overseas residents, foreigners shall not enjoy design rights or other rights relating to a design 
except as provided for in any of the following subparagraphs:  
 
1. Where their countries allow nationals of the Republic  of Korea to enjoy design rights or other rights 
relating to a design under the same conditions as their own nationals; 
2. Where their countries allow nationals of the Republic  of Korea to enjoy design rights or other rights 
relating to a design under the same conditions as thei r own nationals in the case that the Republic of 
Korea allows nationals of such countries to enjoy d esign rights or other rights relating to a design;  
3. Where they may enjoy design rights or other rights relating to a design according to a treaty or any equivalent of a treaty (hereinafter referred to as "treaty"). [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  IP/N/1/KOR/D/3 
Page 10  
  
  Article 4-25 (Effect of Treaty)  
 Where a treaty contains special provisions relating to designs that are different from those specified in 
this Act, such special provisions shall prevail. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
Article 4-26 (Effective Dates of Submitted Documents)   (1) Applications, requests or other documents (including articles; hereafter the same shall apply in this 
Article) submitted to the Commissioner of the Korean Intellectual Property Office or the President of 
the Intellectual Property Tribunal under this Act, or any order thereunder, shall take effect on the date 
on which they are delivered to the Commissioner of  the Korean Intellectual Property Office or the 
President of the Intellectual Property Tribunal.  (2) Where applications, requests or other documents  under paragraph (1) are submitted, by mail, to 
the Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal, they are deemed delivered to th e Commissioner of the Korean Intellectual Property 
Office or the President of the Intellectual Property Tribunal on the date stamped by the postal service 
if the stamped date is clear; however, if such st amped date is unclear, they are deemed delivered on 
the date proved by a receipt therefor: Provided, Th at this shall not apply where written applications 
for registration of a design right and other rights related thereto are submitted by mail. 
 
(3) Matters concerning the submission of documents with regard to the delay or loss of mail, or 
interruption of the postal service, other than those provided for in paragraphs (1) and (2), shall be 
prescribed by Ordinance of the Ministry of Knowledge Economy. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
Article 4-27 (Entry of Identification Number)   (1) A person provided for in by Ordinance of th e Ministry of Knowledge Economy among those who 
initiate a design-related procedure shall apply for the grant of his/her identification number to the 
Commissioner of the Korean Intellectual Property O ffice or the President of the Intellectual Property 
Tribunal. 
 (2) If any person files an application under paragraph (1), the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal shall grant him/her 
an identification number and notify him/her thereof. 
 
(3) If a person fails to apply for the grant of an identification number under paragraph (1), the 
Commissioner of the Korean Intellectual Property O ffice or the President of the Intellectual Property 
Tribunal shall, ex officio, grant him/her an identification number and notify him/her thereof.  (4) If a person to whom an identification number ha s been granted under paragraph (2) or (3) initiates 
a design-related procedure, he/she shall ente r his/her identification number in any document 
prescribed by Ordinance of the Ministry of Know ledge Economy. In such cases, notwithstanding the 
provisions of this Act or any order thereunder, a do micile (a place of business in the case of a juridical 
person) may not be entered in the said document.   
(5) The provisions of paragraphs (1) through (4) sha ll apply mutatis mutandis to an agent of a person 
who initiates a design-related procedure.   IP/N/1/KOR/D/3 
 Page 11 
 
 
  (6) An application for grant of an identification number, the grant and notification thereof or other 
matters necessary therefor shall be prescribed by Ordinance of the Ministry of Knowledge Economy. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 4-28 (Procedure for Filing Design Applications by Means of Electronic Documents)  
 
(1) A person who initiates a design-related procedur e may, pursuant to the methods prescribed by 
Ordinance of the Ministry of Knowledge Ec onomy, convert a written application for design 
registration or other documents to be submitted to the Commissioner of the Korean Intellectual 
Property Office or the President of the Intellectua l Property Tribunal under this Act into electronic 
documents, and may present them by means of co mmunications networks or electronic recording 
media, such as a floppy disk or optical disk.  (2) Electronic documents presented under paragraph (1) shall have the same effect as other documents 
presented under this Act.  
 
(3) Electronic documents presented through a communi cations network under para graph (1) shall, if 
the presenter thereof confirms a receipt number th rough the communications network, be deemed to 
have been received as contents recorded in a file of a computer system for receipt operated by the 
Korean Intellectual Property Office or the Intellectual Property Tribunal.   
(4) Types of documents which can be presented by means of electronic documents under 
paragraph (1), and the methods of such presentati on or other necessary matters shall be prescribed by 
Ordinance of the Ministry of Knowledge Economy.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
Article 4-29 (Reporting on Use of Electronic Documents and Electronic Signature) 
 (1) A person who intends to initiate a design-rela ted procedure by means of electronic documents 
shall, in advance, report the use thereof to th e Commissioner of the Korean Intellectual Property 
Office or the President of the Intellectual Prope rty Tribunal, and shall affix his/her electronic 
signature onto the electronic documents to be submitted to the Commissioner of the Korean 
Intellectual Property Office or the President of the In tellectual Property Tribunal so that the presenters 
may be discerned.   (2) Electronic documents presented under Article 4-28 shall be deemed to have been filed by the 
person who affixes his/her electroni c signature under paragraph (1).  
 
(3) Matters necessary for the procedure of reporting the use of electronic documents and the methods 
of affixing an electronic signature under paragrap h (1) shall be prescribed by Ordinance of the 
Ministry of Knowledge Economy. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
Article 4-30 (Notification, etc. through Communication Networks)  
 (1) If the Commissioner of the Korean Intellectual Property Office, the President of the Intellectual 
Property Tribunal, a presiding administrative patent judge, an administrative patent judge, a presiding 
examiner, or an examiner intends to give a notice on and serve (hereinafter referred to as "notification, 
etc.") any pertinent documents to a person w ho reports the use of electronic documents under 
Article 4-29 (1), he/she may do so through a communications network. 
 (2) Notification, etc. of any pertinent documen ts given through a communications network under 
paragraph (1) shall have the same  effect as written notification. IP/N/1/KOR/D/3 
Page 12  
  
   
(3) Notification, etc. of any pertinent documents under paragraph (1) shall be deemed to reach as 
contents recorded in a file of a computer system  for transmission operated by the Korean Intellectual 
Property Office or the Intellectual Property Tribunal when  it is recorded in a file of a computer system 
operated by a person who recei ves the said notification. 
 
(4) Matters necessary for the types and methods of notification, etc. given through a communications 
network under paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge 
Economy. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
CHAPTER II REQUIREMENTS AND APPLICATIONS FOR DESIGN REGISTRATION Article 5 (Requirements for Design Registration)  (1) Designs that are industrially applicable ma y be registered unless they fall under any of the 
following subparagraphs: <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 1. Any design publicly known or publicly worked in the Republic of Korea or in a foreign country prior to the application for design registration; 2. Any design which has been carri ed in a publication distributed in the Republic of Korea or in a 
foreign country, or which has become utilizable by the public through telecommunication lines prior 
to the application for design registration;  
3. Any design similar to a design falling under subparagraph 1 or 2.  (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 combin ation of designs falling under paragraph (1) 1 or 2 
or on the basis of a shape, pattern or color or a combination thereof widely known in the Republic of 
Korea (excluding a design referred to in any of the subparagraphs of paragraph (1)) prior to the 
application for design registration, a design registration shall not be granted for such a design notwithstanding paragraph (1). <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, 
Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  
(3) Notwithstanding paragraph (1), a design registra tion shall not be granted where a design for which 
an application for registration has been filed is identi cal with or similar to a part of a design indicated 
in a specification, represented in a drawing, photogra ph or sample attached to another application for 
design registration that was filed before and laid  open, published or inserted in the Design Gazette 
pursuant to Article 23-6 after the filing date of th e aforesaid design application. <Newly Inserted by 
Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007> 
 Article 6 (Unregistrable Designs)  Notwithstanding Article 5, a design falling under an y of the following subparagraphs shall not be 
registered: <Amended by Act No. 6413, Feb. 3, 20 01; Act No. 7289, Dec. 31, 2004; Act No. 8187, 
Jan. 3, 2007>  
 1. Designs which are identical with or similar to  the national flag, nationa l emblem, military flags, 
decorations, orders of merit, badges and medals of public organizations, na tional flags and national 
emblems of foreign countries, or characters or  indications of international organizations; 
2. Designs whose meanings, contents, etc. are lik ely to cause an offense to public morality that 
represents the normal moral sense of the public, or disrupt public order; 3. Designs which are feared to give rise to confus ion with respect to articles connected with another 
person's business;  4. Designs consisting solely of a shape that is i ndispensable to secure the functions of the article. IP/N/1/KOR/D/3 
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Article 7 (Similar Designs)  (1) Any owner of design right or applicant for design registration shall be entitled to register the design which is similar only to his/her registered design or design for which an application for 
registration has been filed (hereinafter referred to  as "basic design") as a similar design (hereinafter 
referred to as "similar design"). <Amended by Act No. 5354, Aug. 22, 1997; Act No. 7289, 
Dec. 31, 2004>  (2) The provisions of paragraph (1) shall not apply to  a design that is similar only to a similar design 
registered or applied for registration unde r paragraph (1). <Amended by Act No. 7289, 
Dec. 31, 2004>  Article 8 (Exception to Loss of Novelty)  
(1) Where a design owned by a person entitled to a desi gn registration falls under Article 5 (1) 1 or 2, 
it shall not be deemed to fall under paragraph (1) 1 or 2 of the same Article in applying paragraphs (1) 
and (2) of the same Article to the design for which an application for registration was filed within six 
months from such date. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act 
No. 8187, Jan. 3, 2007>  
(2) A person who intends to be subject to the provision s of paragraph (1) shall, at the time of filing the 
application for design registration, submit a written application for design registration specifying the 
purport of said intention to the Commissioner of th e Korean Intellectual Property Office, and submit 
documents proving the relevant facts within 30 days from the date of application for design 
registration: Provided, That this shall not apply where the design falls under any of the subparagraphs 
of Article 5 (1) against his/her will. <Amende d by Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004> [This Article Wholly Amended by Act No. 5354, Aug. 22, 1997]  Article 9 (Application for Design Registration)  
(1) Any person desiring to obtain design registration shall submit a written application for examined 
design registration or application for unexamined design registration to the Commissioner of the Korean Intellectual Property Office, stating each of the following: <Amended by Act No. 4595, Dec. 10, 1993; Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004> 
 
1. The name and address of the applicant for design registration (in case of a corporation, its name and place of business); 2. The name and address, or place of business, of th e agent of applicant for design registration, if any 
(in case of a patent corporation, its title, location of  the office, and the name of an appointed patent 
attorney); 
3. Deleted; <by Act No. 6413, Feb. 3, 2001> 
4. The article which is the object of the design; 4-2.Whether the application is for independent desi gn registration or for similar design registration; 
5. The registration or application number of the b asic design (limited to a case where the applicant 
intends to obtain registration for similar design under Article 7 (1)); 
6. The name and address of the creator of the design;  
7. Matters provided for in Article 23 (3) (only for a priority claim).  (2) A written application for examined design re gistration or application for unexamined design 
registration under paragraph (1) shall be accompanie d by drawings specifying the following matters IP/N/1/KOR/D/3 
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  concerning each design: <Amended by Act No. 4595 , Dec. 10, 1993; Act No. 5354, Aug. 22, 1997; 
Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  1. The article that is the object of the design;  2. An explanation of the design and the gists of the creation; 
3. The serial number of the design (limited to a case where the application is for multiple design 
registration under Article 11-2).  (3) An applicant for design registration may submit a photograph or sample of the design in lieu of 
drawings referred to in paragraph (2). <Amende d by Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004>  
 (4) A person desiring to obtain unexamined design re gistration shall record, in the written application 
for unexamined design registration, whether the a pplication is for multiple design registration under 
Article 11-2, and the number of designs in a ddition to matters falling under each subparagraph of 
paragraph (1). <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act 
No. 7289, Dec. 31, 2004>  (5) A person desiring to file an application for mu ltiple design registration under Article 11-2 shall 
record, in the written application for unexamined design registration, matters referred to in the 
subparagraphs of paragraph (1) and the serial numb er of each design. <Amended by Act No. 7289, 
Dec. 31, 2004> 
 (6) Designs qualifying for unexamined design registra tion shall be limited to articles designated by 
Ordinance of the Ministry of Knowledge Economy among articles classified under Article 11 (2). In 
the case of designated articles, an application may be filed only for unexami ned design registration. 
<Newly Inserted by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>  (7) Matters other than those provided for in para graphs (1) through (6), which are necessary for 
application for design registration, shall be determ ined by Ordinance of the Ministry of Knowledge 
Economy. <Amended by Act No. 4541, Mar. 6, 199 3; Act No. 5082, Dec. 29, 1995; Act No. 5354, 
Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8852, 
Feb. 29, 2008>   Article 10 (Joint Application)  
Where the right to obtain design registration is jointl y owned under Article 3 (2),  all joint owners shall 
jointly file an application for design registra tion. <Amended by Act No. 7289, Dec. 31, 2004> 
 Article 11 (One Applicati on Per Design Registration) 
 (1) An application for design registration shall be filed for each design. <Amended by Act No. 7289, 
Dec. 31, 2004> 
 (2) Any person desiring to file an application for design registration shall be subject to the 
classification of articles prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended 
by Act No. 4541, Mar. 6, 1993; Act No. 5082, Dec. 29, 1995; Act No. 5354, Aug. 22, 1997; Act 
No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>  
 IP/N/1/KOR/D/3 
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  Article 11-2 (Application for Multiple Design Registration) 
 (1) Notwithstanding Article 11 (1), an application for unexamined design registration may be filed for 
20 or less designs as one application for design regist ration (hereinafter referred to as "application for 
multiple design registration"). In such cases, each  design shall be represented separately. <Amended 
by Act No. 7289, Dec. 31, 2004> 
 (2) The scope of designs qualifying for application for multiple design registration shall be the same 
as that of the classification of articles prescribed  by Ordinance of the Ministry of Knowledge 
Economy. <Amended by Act No. 6413, Feb. 3, 20 01; Act No. 7289, Dec. 31, 2004; Act No. 8852, 
Feb. 29, 2008> 
 (3) A person desiring to file an application for multip le design registration may file an application for 
similar design registration falling within the category of  a basic design, together with the basic design. 
<Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  
 
(4) Where a person files an application for multiple design registration of designs similar to his/her registered design or a design for which design regi stration has been applied, he/she may file an 
application for multiple design registration only with respect to similar designs  belonging to one basic 
design, notwithstanding the provisions of paragra ph (3). <Amended by Act No. 6413, Feb. 3, 2001; 
Act No. 7289, Dec. 31, 2004>  
[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997] 
 Article 12 (Design of One Set of Articles)  (1) Where two or more articles are used together as one set of articles, and where the design of such 
set of articles has a unity as a whole, the desi gn may be applied for registration as one design. 
<Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>   (2) The classification of a set of articles referred to in paragraph (1) shall be determined by Ordinance 
of the Ministry of Knowledge Economy. <Amende d by Act No. 4541, Mar. 6, 1993; Act No. 5082, 
Dec. 29, 1995; Act No. 6413, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008>  
 
(3) Deleted. <by Act No. 6413, Feb. 3, 2001>   Article 13 (Secret Designs)  
(1) An applicant for design registration may request that the design be kept secret for a prescribed 
period not exceeding three years from the date of the registration date of establishment of the design right: Provided, That for a design for which multiple design registration has been applied, the request 
shall be made for all designs for which a design re gistration is applied. <Amended by Act No. 5354, 
Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>   
(2) An applicant for design registration may make the request referred to in paragraph (1) from the 
date he/she applies for the design registration until the date he/she pays the first design registration 
fee: Provided, That where the registration fee has b een exempted pursuant to Article 35 (1) 1 and (2), 
he/she may make such request until the registration for establishment of the design right prescribed in 
Article 39 (2) is made. <Amended by Act No. 8187, Jan. 3, 2007> 
 
(3) An applicant for design registration or an ow ner of design right may reduce or extend the period 
fixed by him/her under paragraph (1) by a request. In such cases, where he/she extends that period, it 
shall not exceed three years from the date of the re gistration date of establishment of the design right. 
<Amended by Act No. 7289, Dec. 31, 2004> IP/N/1/KOR/D/3 
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(4) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall 
comply with a request for inspection of secret design under paragraph (1): <Amended by Act No. 4894, Jan. 5, 1995; Act No. 5354, Aug. 22, 1997; Act No. 7289, Dec. 31, 2004>  
1. Where the request is made by a person who h as obtained the consent of the owner of the design 
right; 2. Where the request is made by a party or an intervener in an examination, objection against 
unexamined design registration, trial, retrial or litigation proceedings relating to a design identical 
with or similar to the design kept secret; 
3. Where the request is made by a person who h as clearly stated that he/she was warned of 
infringement of the design right; 4. Where the request is made by a court or  the Korean Intellectual Property Tribunal. 
 (5) In the case of a request for layi ng open of application under Artic le 23-2, the request pursuant to 
paragraph (1) shall be deemed to have been withdrawn. <Newly Inserted by Act No. 5354, 
Aug. 22, 1997>  Article 14 (Applications for Design Registration File d by Unentitled Persons and Protection of Lawful 
Holders)  
Where design registration could not be granted unde r Article 26 (1) 3 because the applicant for design 
registration, who was not the creator of the design  nor the successor to the right to obtain design 
registration, was not a person entitled to obtain d esign registration (hereinafter referred to as 
"unentitled person") pursuant to the main sentence of Article 3 (1), a subsequent application filed by 
the lawful holder shall be deemed to have been file d on the date of the application previously filed by 
the unentitled person: Provided, That this shall not apply where the subsequent application is filed by 
the lawful holder after 30 days have elapsed si nce the unentitled person failed to obtain design 
registration. <Amended by Act No. 7289, D ec. 31, 2004; Act No. 8187, Jan. 3, 2007> 
 Article 15 (Design Registration Obtained by Unenti tled Persons and Protection of Lawful Holders) 
 
If design registration is revoked or invalidated by a trial decision for lack of entitlement to obtain 
design registration under the main sentence of Article  3 (1), a subsequent application for design 
registration filed by the lawful holder shall be deemed  to have been filed at the time of filing of the 
application for design registration which was revoked or invalidated: Provided, That this shall not 
apply where the subsequent application is filed afte r 30 days have elapsed since the decision to revoke 
or to invalidate it became final and binding. <Amended by Act No. 5354, Aug. 22, 1997; Act 
No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>   Article 16 (Earlier Application)  (1) Where two or more applications for design regist ration relating to the same or a similar design are 
filed on different dates, only the applicant who fi les the application first may obtain registration for 
the design. <Amended by Act No. 7289, Dec. 31, 2004>  (2) Where two or more applications for design regist ration relating to the same or a similar design are 
filed on the same date, only one person agreed up on by all applicants after consultation may obtain 
registration for the design and, if no agreement is reached or no consultation is possible, none of the 
applicants shall obtain the registration theref or. <Amended by Act No. 7289, Dec. 31, 2004> 
 (3) Where an application for design registration is invalidated, withdrawn or abandoned, or a decision 
to reject an application for design registration or a trial decision to reject an application for design IP/N/1/KOR/D/3 
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  registration becomes final and binding, the applica tion for design registration shall, in applying the 
provisions of paragraphs (1) and (2 ), be deemed to have never been filed: Provided, That where a 
decision or a trial decision to reject an applica tion for design registration becomes final and binding 
because the application falls under the latter part of paragraph (2), this shall not apply. <Amended by 
Act No. 8187, Jan. 3, 2007> 
 
(4) An application for design registration filed by a person who is not the creator of a design, nor 
successor entitled to obtain design regi stration shall, in applying the provisions of paragraphs (1) and 
(2), be deemed to have never been filed. <Ame nded by Act No. 4595, Dec. 10, 1993; Act No. 7289, 
Dec. 31, 2004> 
 
(5) The Commissioner of the Korean Intellectual Pr operty Office shall, in the case of paragraph (2), 
order the applicants to notify him/her of the results  of the consultation within a designated period; if 
such notification is not made within the designated pe riod, the applicants shall be deemed not to have 
concluded an agreement under pa ragraph (2). <Amended by Act No. 7289, Dec. 31, 2004> 
 
Article 17 (Amendment of Procedure)  The Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Tribunal shall order the amendment of a procedure for design registration within a designated period where the procedure falls unde r any of the following subparagraphs: <Amended 
by Act No. 6413, Feb. 3, 2001; Act No. 6767, Dec. 11, 2002; Act No. 7289, Dec. 31, 2004; Act 
No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>   1. Where it violates the provisions of Article 4 (1) or 4-4; 2. Where it violates the formalities specified in this Act or orders by this Act;  
3. Where the fees to be paid in accordan ce with Article 34 have not been paid. 
 Article 18 (Amendment of Appli cation and Change of Gists) 
 (1) Any applicant for design registration may ame nd matters mentioned in the written application, 
drawings attached to the written application, matters  described in the drawing, pictures and samples to 
the extent that the gists of the initial appli cation for design registration are not changed.  
 (2) Any applicant for design registration may make am endments to the application for similar design 
registration for changing it into the application for independent design registration, and vice versa. 
 
(3) Notwithstanding Article 8 (2), any person who inte nds to have the provisions of paragraph (1) of 
the same Article applied in make amendments to an application for similar design registration for 
changing it into an application for independent d esign registration shall record the purport in the 
written amendment and submit it to the Commissioner of the Korean Intellectual Property Office, and 
shall submit a paper verifying it to the Commissioner of the Korean Intellectual Property Office within 30 days from the date when the written am endment is submitted. <Newly Inserted by Act 
No. 8187, Jan. 3, 2007> 
 (4) Any applicant for design registration may make  amendments to the application for unexamined 
design registration for changing it into the applica tion for examined design registration, and vice 
versa.  
 IP/N/1/KOR/D/3 
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  (5) Any applicant for design registration may amend matters pursuant to paragraphs (1) through (4) 
before a notification of decision to grant design registration under Article 28 or a notification of 
decision to reject design registration under Article 26 (hereinafter referred to as "decision to grant or 
reject design registration") is delivered: Provided, That where a request for retrial under Article 27-2 is filed, amendments may be made when such reque st for retrial is filed. <Amended by Act No. 8187, 
Jan. 3, 2007; Act No. 9764, Jun. 9, 2009> 
 (6) Where it is acknowledged after the registrati on of establishment of a design right that the 
amendments pursuant to paragraphs  (1) through (4) were made to change the gists of the initial 
application for design registration, the application fo r design registration shall be  deemed to have been 
filed at the time of submitting the written amendm ent. <Amended by Act No. 8187, Jan. 3, 2007> 
[This Article Wholly Amended by Act No. 7289, Dec. 31, 2004]  Article 18-2 (Dismissal of Amendments)  
(1) Where any amendment pursuant to Article 18 is ma de to change the gists of the application for 
design registration, an examiner shall dismis s the amendment by decision. <Amended by Act 
No. 7289, Dec. 31, 2004>  (2) Where a ruling to dismiss an amendment under para graph (1) has been rendered, an examiner shall 
not make a decision to grant or reject design regist ration about the applicati on concerned until 30 days 
elapse from the date when the certified copy of th e said decision is delivered to the applicant for 
design registration. <Amended by Act No. 7289, Dec. 31, 2004>  (3) Where an applicant for design registration requ ests a trial under Article 67-2 against a ruling to 
dismiss an amendment under paragraph (1), an examin er shall suspend examination of the application 
for design registration until the trial decision beco mes final and binding. <Amended by Act No. 7289, 
Dec. 31, 2004>  (4) A ruling to dismiss an amendment under paragra ph (1) shall be made in writing and shall state the 
reasons therefor. [This Article Newly Inserted by Act No. 6413, Feb. 3, 2001] 
 
Article 19 (Division of Applications)  (1) A person falling under any of the following subpa ragraphs may divide any part of his/her 
application for design registration into one or mo re new applications: <Amended by Act No. 5354, 
Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 9764, 
Jun. 9, 2009>   1. A person who has filed one application for design registration of two or more designs in 
contravention of Article 11; 2. A person who has filed an application for multiple design registration;  
3. Deleted. <by Act No. 6413, Feb. 3, 2001> 
 (2) Where an application for design registration has been divided pursuant to the provisions of 
paragraph (1) (hereinafter referred to  as "divisional application"), such divisional application shall be 
deemed to have been filed at the time the initia l application for design registration was filed: 
Provided, That this shall not apply for the purpose of Article 8 (2) or 23 (3) and (4). <Amended by 
Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>  (3) Division of an application for design registra tion under paragraph (1) may be made within the 
period of amendment under Article 18 (5). <Amended by Act No. 9764, Jun. 9, 2009>  IP/N/1/KOR/D/3 
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(4) Deleted. <by Act No. 6413, Feb. 3, 2001>   Articles 20 and 20-2 Deleted. <by Act No. 7289, Dec. 31, 2004>   
Articles 21 and 22 Deleted. <by Act No. 5576, Sep. 23, 1998>  
 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 design registration in the Republic of  Korea on the basis of the earlier application for 
the same design filed in his/her country or in one of other member countries, the filing date of the 
earlier application in the foreign country shall be de emed to be the filing date in the Republic of 
Korea in applying the provisions of Articles 5 and 16. Where a national of the Republic of Korea has 
filed an application for design registration in a c ountry which recognizes, under a treaty, a right of 
priority for an application filed by a national of the Republic of Korea, and claims the right of priority for the application for design registration in th e Republic of Korea on the basis of the initial 
application for the same design in said country, th is provision shall also apply. <Amended by Act 
No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  
(2) A person intending to claim a right of priority  under paragraph (1) shall not request it without 
filing an application for design registration within  six months from the filing date of the initial 
application serving as the basis for claiming the right of priority. <Amended by Act No. 7289, Dec. 31, 2004>  
(3) A person intending to claim a right of priority under paragraph (1) shall, at the time of filing an 
application for design registration, specify such cl aim, the name of the country in which the initial 
application was filed, and the filing date of the initial application, in the application for design 
registration. <Amended by Act No. 7289, Dec. 31, 2004>  (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 th e 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 Offi ce within three months from the filing date of 
the application for design registration. <Amended by Act No. 7289, Dec. 31, 2004>  
(5) Where a person who has claimed a right of prio rity in accordance with paragraph (3) fails to 
submit the document provided for in paragraph (4) w ithin the required time limit under paragraph (4), 
the claim to the right of priority shall lose its effect.  Article 23-2 (Laying Open of Applications)  
(1) An applicant for design registration may request the laying open of his/her application for design 
registrations, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That a 
request for multiple design registration shall be lim ited to a request for all the designs being applied. 
<Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004; Act No. 8852, Feb. 29, 2008> 
 IP/N/1/KOR/D/3 
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  (2) Where a request for the laying open of an application is filed under paragraph (1), the 
Commissioner of the Korean Intellectual Property Of fice shall lay open the design application in the 
Design Gazette in accordance with Article 78: Pr ovided, That the Commissioner of the Korean 
Intellectual Property Office may not lay open the app lication if the meanings, contents, etc. of the 
design are against the good morals that represent the nor mal moral sense of ordinary people, or have a 
possibility to disrupt public order: <Amended by Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 
2007; Act No. 9764, Jun. 9, 2009>  1. Where the meanings, contents, etc. that the desi gn gives may be detrimental to the good customs 
being the normal moral sense of the public or may disrupt public order;  
2. Where it should be kept secret for national defe nse under Article 41 (1) of the Patent Act, applied 
mutatis mutandis under Article 24 of this Act.  (3) No request to lay open an application provided for in paragraph (1) shall be available after the 
initial certified copy of the decision to grant or re ject design registration on the application for design 
registration has been transmitted. <Amended by  Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004>  (4) Deleted. <by Act No. 6413, Feb. 3, 2001> [This Article Newly Inserted by Act No. 5082, Dec. 29, 1995]  
Article 23-3 (Effect of Laying Open of Applications) 
 (1) After an application is laid open, the applican t may give warning to any person who has worked as 
a business the filed design or a design similar theret o, in writing, indicating that an application for 
design registration has been filed. <Amended by Act No. 7289, Dec. 31, 2004> 
 
(2) An applicant may request a person who h as received warning under the provisions of 
paragraph (1), or worked as a business the filed d esign or a design similar thereto knowing that the 
design has been laid open, to pay compensation in  an amount equivalent to what he/she would 
normally receive for working of the design register ed or a design similar thereto from the time of 
receipt of the warning or the time he/she became aware of the fact that the design application had 
been filed to the time of registration of the estab lishment of design right. <Amended by Act No. 7289, 
Dec. 31, 2004>  (3) The right to demand compensation under pa ragraph (2) may be exercised only after the 
establishment of design right is registered. <Amended by Act No. 7289, Dec. 31, 2004> 
 
(4) The exercise of the right to demand compensation under paragraph (2) shall not affect the exercise 
of the design right. <Amended by Act No. 7289, Dec. 31, 2004>   (5) The provisions of Articles 63 and 67 of this Act and Articles 760 and 766 of the Civil Act shall 
apply mutatis mutandis to the exercise of the right to request compensation under paragraph (1). In 
such cases, "time when the damaged party or his/ her legal representative became aware of such 
damage and of the identity of the person causing it" in  Article 766 (1) of the Civil Act shall read "date 
on which the establishment of the design right is  registered". <Amended by Act No. 7289, 
Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>  
(6) Where an application for design registration is abandoned, invalidated or withdrawn after laying 
open of the application, a decision to reject design registration, a decision to revoke design registration under Article 29-7 (3), or a trial decision to invalidate a design registration under 
Article 68 (excluding cases under Article 68 (1) 4) h as become final and binding, the right to request IP/N/1/KOR/D/3 
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  compensation under paragraph (2) shal l be deemed to have  never existed. <Newly Inserted by Act 
No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009> [This Article Newly Inserted by Act No. 5082, Dec. 29, 1995]  Article 23-4 (Transfer, etc. of Ri ght to Obtain Design Registration) 
 
(1) The right to obtain design registration is transf erable: Provided, That the right to obtain basic 
design registration and the right to obtain similar design registration shall be transferred together. 
<Amended by Act No. 7289, Dec. 31, 2004>  
(2) The right to obtain design registration may not serve as the object of a pledge. <Amended by Act 
No. 7289, Dec. 31, 2004>  (3) Where the right to obtain design registration is held jointly by two or more persons, none of the 
joint owners may assign his/her share without obta ining consent from all the other joint owners. 
<Amended by Act No. 7289, Dec. 31, 2004> 
[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]  Article 23-5 (Furnishing of Information)  Any person may furnish the Commissioner of the Korean Intellectual Property Office with 
information about a design for which application fo r registration has been filed, together with 
evidence to the effect that the design concerne d is unregistrable as it falls under any of the 
subparagraphs of Article 26 (1). <Ame nded by Act No. 7289, Dec. 31, 2004> 
[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]  
Article 23-6 (Insertion in Design Gazette of  Application Decided to be Rejected) 
 Where a decision to reject an application for design re gistration or a trial decision to the effect that an 
application for design registration shall be reject ed becomes final and binding pursuant to the latter 
part of Article 16 (2), the Commissioner of the Kor ean Intellectual Property Office shall insert matters 
regarding the application for design registration in  the Design Gazette pursuant to Article 78: 
Provided, That where the design that has been file d for design registration falls under the proviso to 
Article 23-2 (2), it may not be inserted. <Amended by Act No. 9764, Jun. 9, 2009> 
[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]  Article 24 (Succession to Right to Obtain Design Registration)  
 
(1) No succession to the right to obt ain a design registration before filing of an application for the 
design registration may be duly asserted against a thir d party unless the successor in title files the said 
application.   (2) Where two or more applications for design registration are filed on the same date on the basis of 
the right to obtain a design registration for the same design derived by succession from the same 
person, the succession to the right to obtain a regi stration by any person other than the one agreed 
upon by all the design registration app licants shall not be effective.  
 (3) If the right to obtain a design registration is succeeded after an application for the design 
registration is filed, the succession shall not be effec tive without a notice of change of applicant filing 
for a design registration, except for the cases of inheritance and other general succession.   IP/N/1/KOR/D/3 
Page 22  
  
  (4) Upon inheritance or other general succession with respect to the right to obtain a design 
registration, the successor in title shall notify the Commissioner of the Korean Intellectual Property 
Office of the purport without delay.   (5) Where two or more notices of the change of a pplicant are made on the same date, on the basis of 
the right to obtain a design regi stration that has been derived by  succession from the same person, a 
notice given by any person other than the one agr eed upon after consultations among all the persons 
who gave notices shall not be effective.   (6) Article 16 (5) shall apply mutatis mutandi s to cases under paragraphs (2) and (5).  
[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009] 
 CHAPTER III EXAMINATION  Article 25 (Examination by Examiners) 
 
(1) The Commissioner of the Korean Intellectua l Property Office shall have examiners examine 
applications for design registration and objections  against unexamined design registration. <Amended 
by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  (2) Necessary matters concerning eligibility requir ements for examiners shall be prescribed by 
Presidential Decree. 
 Article 25-2 (Search for Prior Designs, etc.)  (1) If deemed necessary for examination of applica tions for design registration, the Commissioner of 
the Korean Intellectual Property Office may designate  a specialized organization and commission it to 
search prior designs and perform other work determined by Presidential Decree.   (2) If deemed necessary for examination of applica tions for design registration, the Commissioner of 
the Korean Intellectual Property Office may request the cooperation of, or seek advice from, relevant 
administrative authorities, organizations specialized in the relevant technology or experts with 
profound knowledge and experience in designs. In  such cases, the Commissioner of the Korean 
Intellectual Property Office may pay them allowa nces or expenses within budgetary limits.  
 (3) Necessary matters concerning the designation st andards of specialized organizations and the 
commission of search, etc. for prior designs under pa ragraph (1), shall be prescribed by Presidential 
Decree.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 25-3 (Cancellation of Designation of Specialized Organizations, etc.)  
 (1) Where a specialized organization referred to in  Article 25-2 (1) falls under subparagraph 1, the 
Commissioner of the Korean Intellectual Property Office shall cancel such designation, and where a 
specialized organization falls unde r subparagraph 2, he/she may cancel such designation or order 
suspension of its business operation by fi xing a period not exceeding six months: 
 1. Where the organization obtains its desi gnation through false or unfair means;  
2. Where the organization fails to conform to the standard for designation under Article 25-2 (3). 
 (2) Where the Commissioner of th e Korean Intellectual Property Office intends to cancel the 
designation of a specialized organization in accord ance with paragraph (1), he/she shall conduct a 
public hearing.  IP/N/1/KOR/D/3 
 Page 23 
 
 
   
(3) Necessary matters for the standards and proced ures for the designation cancelation or suspension 
of business operations of specialized organizati ons under paragraph (1) shall be prescribed by 
Ordinance of the Ministry of Knowledge Economy. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 
Article 25-4 (Accelerated Examination)   The Commissioner of the Korean Intellectual Property Office may direct an examiner to preferentially 
examine an application for design registration fa lling under any of the following subparagraphs over 
other applications:  
 1. Where it is acknowledged that a person other th an the applicant is working, as a business, the 
design claimed in a design registration application after the laying-open of the application; 2. Where it is acknowledged that it is necessary to urgently process a design registration application 
which is prescribed by Presidential Decree. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 26 (Decisions to Reject Design Registration)  (1) An examiner shall render a decision to reject design registration where an application for design 
registration falls under any of the following  subparagraphs: <Amended by Act No. 6413, 
Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>  1. Where design registration cannot be made in acco rdance with Articles 4-24, 5 through 7, 9 (6), 10, 
11, 11-2, 12, 16 (1) and (2); 
2. Deleted; <by Act No. 6413, Feb. 3, 2001> 
3. Where the applicant is not entitled to obtain a design registration under the main sentence of 
Article 3 (1), or where the applicant is unable to obtain a design registration under the proviso to Article 3 (1); 4. Where the application for design registration is in violation of the provisions of a treaty;  5. Where the application for unexamined similar design registration falls under any of the following 
items: 
 (a) Where a design registered as a similar design or  a design for which similar design registration 
has been applied, is indicated as a basic design; (b) Where the term of the design righ t of a basic design has expired;  
(c) Where an application for basic design regi stration has been invalidated, withdrawn, or 
abandoned, or where a decision to reject basic design registration becomes final and binding; (d) Where an applicant for unexamined similar desi gn registration is not identical with the owner 
of a basic design right or an applicant for basic design registration;  (e) Where a design for which unexamined similar desi gn registration is applie d is not similar to a 
basic design.  
 
(2) Notwithstanding paragraph (1), the provisions of Ar ticles 5, 7, 16 (1) and (2) shall not apply to an 
application for unexamined design registration: Provi ded, That the design that has been filed for 
unexamined design registration is not industrially  applicable pursuant to the main sentence of 
Article 5 (1), or can be easily created on the basis of the shape, pattern or color, or a combination 
thereof which is widely known in the Republic of  Korea under the provisions of Article 5 (2), a 
decision to reject the design registration shall be re ndered. <Amended by Act No. 6413, Feb. 3, 2001; 
Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>  IP/N/1/KOR/D/3 
Page 24  
  
  (3) Notwithstanding paragraph (2), an examiner ma y render a decision to reject an unexamined design 
registration pursuant to paragraph (1) on the b asis of information and evidence concerning an 
application for unexamined design registration fo r which information and evidence have been 
provided pursuant to Article 23-5. <Newly Inserted by Act No. 7289, Dec. 31, 2004> 
[This Article Wholly Amended by Act No. 5354, Aug. 22, 1997] 
 
Article 27 (Notification of Grounds for Rejection)  (1) Where an examiner intends to render a decision to reject a design registration under Article 26, 
he/she shall notify the ground for rejection (refe rring to a ground falling under any subparagraph of 
Article 26 (1); hereinafter referred to as "ground for re jection") to the applicant for design registration, 
and give him/her an opportunity to submit an argu ment by a designated deadline. <Amended by Act 
No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  (2) Where an examiner renders a decision to reject  some of the designs for which multiple design 
registration has been applied, he/she shall specify th e serial number of the rejected design, the article 
that is the object of the rejected design and th e grounds for rejection. <Newly Inserted by Act 
No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  Article 27-2 (Requests for Re-Examination)  
(1) An applicant for a design registration may request  re-examination (hereinafter referred to as "re-
examination") with respect to his/her application for a design registration af ter making amendments to 
the drawings, specifications described in the dr awings, photographs or samples attached to the 
relevant application within 30 days (or, within  the extended period if the period prescribed in 
Article 67-3 is extended under Artic le 4-14 (1)) from the date when the certified copy of the decision 
to reject the application for a design registration is delivered: Provided, That if a decision to reject the 
design registration is rendered after re-examination, or a request for a trial is made under Article 67-3, 
this shall not apply.   (2) If a request for re-examination is filed under para graph (1), the decision to reject the relevant 
design registration rendered prior to the request fo r re-examination shall be  considered revoked.  
 
(3) No request for re-examination filed under paragraph (1) may be withdrawn. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 28 (Decisions to Grant Design Registration) 
 
Where an examiner finds no ground for rejecting an application for design registration, he/she shall 
render a decision to grant design registration. <Amended by Act No. 6413, Feb. 3, 2001; Act 
No. 7289, Dec. 31, 2004>  Article 29 (Method of Rendering Decisions to  Grant or Reject Design Registration) 
 
(1) A decision to grant or reject design registrati on shall be rendered in writing and shall state the 
grounds therefor. <Amended by Act No. 6413, Fe b. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 (2) Where a decision to grant or reject design regi stration has been rendered, the Commissioner of the 
Korean Intellectual Property Office shall transmit a ce rtified copy of the decision to the applicant for 
the design registration. <Amended by Act No. 6413 , Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 IP/N/1/KOR/D/3 
 Page 25 
 
 
  Article 29-2 (Objections against Unexamined Design Registration) 
 (1) Any person may raise an objection against unexa mined design registration to the Commissioner of 
the Korean Intellectual Property Office on the grounds that such registration falls under any of the following subparagraphs, from the date when the esta blishment of design right is registered under an 
application for the unexamined design registration to the date when three months have passed since a 
public notification of unexamined design registrati on was made. In such cases, an objection against 
unexamined design registration may be raised for each design in the case of designs for which multiple design registration is applied: <Amende d by Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004; Act No. 9762, Jun. 9, 2009> 
 
1. Where the unexamined design registration is in viol ation of Articles 4-24, 5, 6, 7 (1), 10, or 16(1) 
and (2) of this Act; 2. Where the relevant person is not entitled to ob tain a design registration under the main sentence of 
Article 3 (1), or is unable to obtain a design re gistration under the proviso of Article 3 (1); 
3. Where the unexamined design registration is in  violation of the provisions of a treaty.  
 (2) A person raising an objection against unexamined design registration (hereinafter referred to as 
"person raising an objection agains t unexamined design registration") shall submit an application for 
objection against unexamined design registration which states each of the following to the Commissioner of the Korean Intellectual Propert y Office, together with supporting evidence: 
<Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 1. The name and address of the person raising an objection against unexamine d design registration (in 
the case of a corporation, its title and place of business); 1-2. The name, address, or place of business, if any,  of the agent (in the case of a patent corporation, 
its title, the location of office, and the na me of the appointed patent attorney); 
2. The indication of the registered design subject to the objection against unexamined design registration; 3. The purpose of the objection against unexamined design registration;  4. The grounds for the objection against unexamine d design registration and indication of supporting 
evidence. 
 
(3) Where an objection against unexamined design registration is filed, the presiding examiner 
designated under Article 29-4 (3) shall transmit a cer tified copy of the objection against unexamined 
design registration to the owner of the registered d esign right subject to the objection and give him/her 
an opportunity to submit a written reply by a d esignated time limit. <Amended by Act No. 6413, 
Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  
 (4) The provisions of Article 68 (6) shall apply muta tis mutandis to the raising of an objection against 
unexamined design registration un der paragraph (1). <Amended by Act No. 7289, Dec. 31, 2004> 
[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]  
Article 29-3 (Amendment of Grounds, etc. for Obj ection against Unexamined Design Registration) 
 A person raising an objection against unexamine d design registration may amend the grounds or 
evidence indicated on a written objection against une xamined design registration within 30 days from 
the date of filing of the said objection. <Amended by Act No. 7289, Dec. 31, 2004> 
[This Article Newly Inserted by Act No. 5354, Aug. 22, 1997] 
 IP/N/1/KOR/D/3 
Page 26  
  
  Article 29-4 (Board of Examiners for Examination and Decision) 
 (1) A board of three examiners shall examine a nd decide on an objection against unexamined design 
registration. <Amended by Act No. 7289, Dec. 31, 2004>  
(2) The Commissioner of the Korean Intellect ual Property Office shall designate examiners 
constituting a board of examiners for each objec tion against unexamined design registration. 
<Amended by Act No. 7289, Dec. 31, 2004>  (3) The Commissioner of the Korean Intellectual Pr operty Office shall appoint one of the examiners 
designated under paragraph (2) as a presiding examiner. 
 (4) The provisions of Articles 72-7 (2), 72-8 (2), and 72-9 (2) and (3) shall apply mutatis mutandis to 
a board of examiners and a presiding examiner. <Amended by Act No. 9764, Jun. 9, 2009> [This Article Newly Inserted by Act No. 5354, Aug. 22, 1997] 
 
Article 29-5 (Ex Officio Examination of Objec tions against Unexamined Design Registration) 
 (1) When an objection against unexamined design registration is examined, the grounds for the objection that are not raised by the applicant fo r objection against unexamined design registration may 
be examined. In such cases, the owner of desi gn right or the applicant for objection against 
unexamined design registration shall be given an opportunity to state his/her opinion about such 
grounds within a specified period.  (2) When an objection against unexamined design regi stration is examined, the registered design for 
which an applicant for objection against unexamined design registration has not applied shall not be 
examined. 
[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]  Article 29-6 (Amalgamation or Se paration of Objections against Unexamined Design Registration) 
 A panel of examiners may examine and decide on two or more objections against unexamined design 
registration by amalgamating or separating them. 
[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]  Article 29-7 (Decisions on Objections ag ainst Unexamined Design Registration) 
 
(1) A panel of examiners shall render a decision on any objection against unexamined design 
registration after the time set under Articles 29-2 (3) and 29-3 has lapsed. <Amended by Act 
No. 7289, Dec. 31, 2004>   (2) Notwithstanding Article 29-2 (3), where a pe rson filing an objection against unexamined design 
registration fails to submit the grounds and eviden ce thereon, the presiding examiner may dismiss the 
objection against unexamined design registration by d ecision after such a time as referred to in 
Article 29-3 has lapsed. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 (3) Where it is deemed that an objection against une xamined design registration is reasonable, a panel 
of examiners shall render a decision to revoke the registered design (hereinafter referred to as 
"decision to revoke design registration"). <Amende d by Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004>   IP/N/1/KOR/D/3 
 Page 27 
 
 
  (4) Where a decision to revoke a design registration becomes final and binding, the design right shall 
be deemed to have never ex isted. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004>   (5) Where it is deemed that an objection against unexamined design registration is unreasonable, a 
panel of examiners shall render a decision to mainta in the design registration (hereinafter referred to 
as "decision to maintain design registration"). <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  (6) No appeal shall be made against a decision to reject an objection against unexamined design 
registration or a decision to maintain design regist ration. <Amended by Act No. 6413, Feb. 3, 2001; 
Act No. 7289, Dec. 31, 2004> [This Article Newly Inserted by Act No. 5354, Aug. 22, 1997]  Article 29-8 (Method of Deciding on Objections  against Unexamined Design Registration) 
 
(1) Any decision on an objection against unexamined design registration shall be made in documents 
which describe each of the following matters, and the examiner who rendered a decision shall put 
his/her name and seal thereon:  1. Number of the case of application for the objection against unexamined design registration; 
2. Names and addresses of the owner of design right and of the applicant for the objection against 
unexamined design registration (name and location of  the business office in the case of a corporation); 
3. Where the owner of design right and the applic ant for the objection against unexamined design 
registration has an agent, his/her name, address and lo cation of a business office (where the agent is a 
patent corporation, its name and location of the offi ce and the name of the designated patent attorney); 
4. Indication of the design related with the decision; 
5. Conclusion and grounds for the decision;  6. Date of the decision.  (2) The presiding examiner shall deliver a certified co py of decision to the applicant for the objection 
against unexamined design registration and the owner of design right when a decision on the objection 
against unexamined design registration has been rendered.  
[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]  Article 29-9 (Withdrawal of Applications for Ob jection against Unexamined Design Registration) 
 
(1) No application for objection against unexamine d design registration shall be withdrawn after a 
notice of statement of opinion pursuant to the latter part of Article 29-5 (1) is given, or a certified 
copy of decision pursuant to Article 29-8 (2) is delivered.  (2) If an application for objection against unexami ned design registration is withdrawn, the said 
application shall be considered not to exis t from the beginning. <Amended by Act No. 9764, 
Jun. 9, 2009> 
[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007]  Article 30 (Mutatis Mutandis Application of Provisions on Trial to Examination) 
 
The provisions of Article 72-11 (excluding subpara graph 6 of the same Article) shall apply mutatis 
mutandis to the examination of applications for d esign registration. In such cases, "trial" shall be 
deemed an "examination," and "administr ative patent judge" an "examiner."  
[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]  IP/N/1/KOR/D/3 
Page 28  
  
  Article 30-2 (Suspension of Examin ation or Litigation Proceedings) 
 (1) The examination procedure of a design registra tion application may, if necessary, be suspended 
until a trial decision thereon becomes final and bind ing or litigation proceedings  concerned have been 
completed.  
 
(2) The court may, if necessary, suspend litiga tion proceedings until a decision on the design 
registration application becomes final and binding.   (3) No appeal shall be made against the suspension under paragraphs (1) and (2). 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 30-3 (Mutatis Mutandis Application of Provisions)   The provisions of Articles 30-2, 72-5, 72-11 (excluding subparagraph 6 of the same Article), 72-
18 (7), 72-21, 72-29 (3) through (6), and 72-30 shall apply mutatis mutandis to the examination and 
decision of an application for objection against unexamined design registration. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  CHAPTER IV REGISTRATION FEES AND DESIGN REGISTRATION, ETC. Article 31 (Design Registration Fees) 
 
(1) Any person desiring to register the establishment of a design right under Article 39 (1) shall pay the design registration fee (hereafter referred to as "r egistration fee") covering the three-year period 
from the date when he/she intends to register the est ablishment (hereinafter referred to as "registration 
date of the establishment"), and the owner of a design right shall pay the annual registration fee, 
starting from the registration fee for the next year , based on the date corresponding to the registration 
date of the establishment. <Amended by Act No. 9764, Jun. 9, 2009>  (2) Notwithstanding paragraph (1), the owner of a design right may pay the registration fees for 
several years or all years in lump sum in acco rdance with the order of payment. <Amended by 
Act No. 9764, Jun. 9, 2009> 
 
(3) The registration fees, methods and periods of payment of such fees, and other necessary matters 
under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Knowledge 
Economy. <Newly Inserted by Act No. 9764, Jun. 9, 2009>  
Article 31-2 (Abandonment by Each Design at Time of Payment of Registration Fee) 
 (1) Any person who receives a decision to grant registration of designs for which multiple design 
registration is applied may abandon such by each design at the time of payment of the registration fee. 
<Amended by Act No. 7289, Dec. 31, 2004>  
(2) Matters necessary for the abandonment of a de sign under paragraph (1) shall be prescribed by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 7289, Dec. 31, 2004; Act 
No. 8852, Feb. 29, 2008> [This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]  
Article 32 (Payment of Registration Fees by Interested Parties) 
 (1) Regardless of the intent of a person liable to pay a registration fee, any interested party may pay 
such fee.  IP/N/1/KOR/D/3 
 Page 29 
 
 
  (2) An interested party who has paid the registra tion fee in accordance with paragraph (1) may request 
reimbursement of the fee from a person liable to it to  the extent that the person liable to it receives any 
profit there from at present.  Article 33 (Late Payment, etc. of Registration Fees) 
 
(1) Any person wishing to register the establishment of a design right, or an owner of a design right, may make late payment of the registration fee with in six months from the expiration of the payment 
period under Article 31 (3). <Amended by Act No. 9764, Jun. 9, 2009>  
(2) Where late payment of the registration fee is made under paragraph (1), an amount determined by 
Ordinance of the Ministry of Knowledge Economy within the extent not exceeding twice the amount 
of the registration fee shall be paid. <A mended by Act No. 9764, Jun. 9, 2009> 
 (3) Where the registration fee is not paid within the period of late payment refe rred to in paragraph (1) 
(including where remainder payment is not made wi thin the period of remainder payment referred to 
in Article 33-2 (2), if, in spite of the expiration of  the period of late payment, the period of remainder 
payment does not expire), a person intending to regi ster the establishment of a design right shall be 
considered to have withdrawn the application for design registration, and the design right of the owner 
thereof shall be considered to ha ve been extinguished retroactively to the day following the expiration 
date of the period covered by the registration fee paid under Article 31 (1) or (2). <Amended by Act 
No. 9764, Jun. 9, 2009> 
 Article 33-2 (Remainder Payment of Registration Fees)  (1) Where a person wishing to register the establishment of a design right or an owner of a design 
right fails to pay some of the registration fee within  the period fixed under Article 31 (3) or 33 (1), the 
Commissioner of the Korean Intellectual Property Office shall order him/her to pay the remaining 
portion. <Amended by Act No. 7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>  (2) A person who receives an order to pay the re maining portion under paragraph (1) may make the 
remainder payment of the registration fee within one month after the order is received. 
 
(3) A person who makes the remainder payment of the registration fee under paragraph (2) shall pay 
an amount determined by Ordinance of the Minist ry of Knowledge Economy within the extent not 
exceeding twice the amount of the unpaid registrati on fee, if he/she falls under any of the following 
subparagraphs: <Amended by Act No. 9764, Jun. 9, 2009> 
 
1. Where he/she pays the remaining portion of th e registration fee after the period of payment under 
Article 31 (3) has elapsed; 2. Where he/she pays the remaining portion of th e registration fee after the period of late payment 
under Article 33 (1) has elapsed. [This Article Newly Inserted by Act No. 6767, Dec. 11, 2002] 
 
Article 33-3 (Restoration, etc. of Application for Design Registration and Design Right by Late 
Payment or Remainder Payment of Registration Fees)  (1) Where a person wishing to register the establishment of a design right or an owner of a design 
right fails to pay the registration fee within the pe riod of late payment under Article 33 (1) or to pay 
the remaining portion of the registration fee within  the period of remainder payment under Article 33-
2 (2) for any reasons not attributable to him/her, he/she may pay the whole or remaining portion of the 
registration fee within 14 days from the date on whic h the reason ceases to exist: Provided, That this 
shall not apply where six months have elapsed since the expiration date of the period of late payment IP/N/1/KOR/D/3 
Page 30  
  
  or remainder payment, whichever is later. <Amende d by Act No. 6767, Dec. 11, 2002; Act No. 7289, 
Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>  (2) Where the whole or remaining portion of th e registration fee is paid in accordance with 
paragraph (1), the application for design registrati on concerned shall be deemed not to have been 
abandoned, and the design right concerned shall be deemed to have continued, notwithstanding the 
provisions of Article 33 (3). <Amended by Act No. 6767, Dec. 11, 2002; Act No. 7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>  (3) Where a design right is extinguished during the wo rking of the relevant registered design due to 
failure to pay the registration fee within the period  of late payment under Article 33 (1) or to pay the 
remaining portion of the registration fee within the period of remainder payment under Article 33-
2 (2), the owner of the design right may make an application for the restoration of the extinguished right within three months from the date when the pe riod of late or remainder payment expired, subject 
to the payment of an amount equivalent to three ti mes the registration fee referred to in Article 31. In 
such cases, the relevant design right shall be deemed  to have continued to exist. <Newly Inserted by 
Act No. 7556, May 31, 2005; Act No. 9764, Jun. 9, 2009>  (4) The effects of an application for design regist ration or a design right under paragraph (2) or (3) 
shall not extend to the act of working the said desi gn or a design similar thereto by another person 
from the date of expiration of the period for late pa yment of the registration fee to the date of actual 
payment or remainder payment of the fee (hereinafter referred to as "period of limited effect"). 
<Amended by Act No. 6767, Dec. 11, 2002; Act No. 7289, Dec. 31, 2004; Act No. 7556, May 31, 2005; Act No. 9764, Jun. 9, 2009>   (5) Where a person has, in good faith, been working as a business or is preparing to work a design for 
which design registration has been applied, a regi stered design, or a d esign similar thereto under 
paragraph (2) or (3) in the Republic of Korea during the period of limited effe ct, he/she shall have a 
non-exclusive license for the relevant design right, within the scope of the object of the design or 
business that he/she is working as a business or preparing to work. <Amended by Act No. 7289, 
Dec. 31, 2004; Act No. 7556, May 31, 2005>   
(6) Any person who has been granted a non-exclusive license in accordance wi th paragraph (5) shall 
pay reasonable remuneration as a consideration to the owner of the design right or the exclusive 
licensee. <Amended by Act No. 7289, Dec. 31, 2004; Act No. 7556, May 31, 2005> 
[This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]  
Article 34 (Fees) 
 (1) Any person who files an application for design registration, files a request, or undertakes any other 
procedure shall pay a fee. <Amended by Act No. 7289, Dec. 31, 2004>  (2) Matters necessary for the payment of fees, incl uding the method and time limits for payment of 
the fees under paragraph (1), shall be prescribed by Ordinance of the Ministry of Knowledge 
Economy. <Amended by Act No. 4541, Mar. 6, 1993;  Act No. 5082, Dec. 29, 1995; Act No. 6413, 
Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>  Article 35 (Reduction of or Exemption from Registration Fees or Fees) 
 
(1) Notwithstanding Articles 31 and 34, the Commissi oner of the Korean Intellectual Property Office 
shall grant an exemption from the payment of re gistration fees or fees falling under any of the 
following subparagraphs: <Amended by Act No. 7289, Dec. 31, 2004>  IP/N/1/KOR/D/3 
 Page 31 
 
 
  1. Fees or registration fees in relation to applica tions for design registration or design right belonging 
to the State; 2. Fees for request for an invalidation trial made by an examiner under Article 68 (1). 
 (2) Notwithstanding Articles 31 and 34, where an app lication for design registration has been filed by 
an entitled person in accordance with Article 5 of the National Basic Living Security Act, or a person 
prescribed by Ordinance of the Ministry of Know ledge Economy, the Commissioner of the Korean 
Intellectual Property Office may grant a reduction or  exemption of the registration fees for the first 
three years for the registration of the establishmen t of a design right, and the fees prescribed by 
Ordinance of the Ministry of Knowledge Economy.  <Amended by Act No. 4541, Mar. 6, 1993; Act 
No. 5082, Dec. 29, 1995; Act No. 6024, Sep. 7, 1999; Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008>  (3) A person who wishes to obtain a reduction or exem ption of the registration fees and the fees in 
accordance with paragraph (2) shall submit documents  prescribed by Ordinance of the Ministry of 
Knowledge Economy to the Commissioner of the Ko rean Intellectual Property Office. <Amended by 
Act No. 4541, Mar. 6, 1993; Act No. 5082, Dec. 29, 1995; Act No. 6413, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008>  Article 36 (Refund of Registration Fees, etc.)  
(1) The registration fees and the fees which have been  paid shall not be refundable: Provided, That 
such fees shall be refunded at the request of the payer where they fall under any of the following 
subparagraphs: <Amended by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act 
No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>  
1. Registration fees and fees erroneously paid; 
2. Amounts corresponding to the registration fees for the years following the year in which the 
decision to revoke or invalidate the design registration becomes final and binding;  
3. Application fees for design registration which ha ve already been paid where the application for 
design registration concerned has been withdrawn or  abandoned within one month after the date when 
the application for design registration (excluding an application for design registration with a request 
for an accelerated examination, a divisional applicati on, or an application for design registration that 
would be the basis of a divisional application) was filed.  (2) Where the registration fees and fees that have been paid fall under any of the subparagraphs of 
paragraph (1), the Commissioner of the Korean In tellectual Property Office shall notify those who 
have paid them thereof. <Amended by Act No. 8187, Jan. 3, 2007> 
 (3) Requests for the refund of registration fees and fees pursuant to the proviso to the main sentence 
of paragraph (1) shall not be filed three years afte r the date the notification pursuant to the provisions 
of paragraph (2) is received. <Amended by Act No . 8187, Jan. 3, 2007; Act No. 8456, May 17, 2007> 
[This Article Wholly Amended by Act No. 4595, Dec. 10, 1993] 
 
Article 37 (Design Register)  (1) The Commissioner of the Korean Intellectual Prope rty Office shall keep a design register at the 
Korean Intellectual Property Office, and register  the following matters: <Amended by Act No. 6767, 
Dec. 11, 2002; Act No. 7289, Dec. 31, 2004> 
 1. The establishment, transfer, extinguishment, restoration, or restriction on disposal of a design right; IP/N/1/KOR/D/3 
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  2. The establishment, maintenance, transfer, modifica tion, extinguishment, or restriction on disposal 
of an exclusive or non-exclusive license;  3. The establishment, transfer, modification, extinguis hment, or restriction on di sposal of a pledge on 
a design right or on an exclusive or non-exclusive license.  
(2) The design register under paragraph (1) may be st ored in whole or in part in electronic format, 
such as an electronic recording medium. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004>  (3) Necessary matters for the particulars and procedur es of registration, etc. other than those 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 regi stration certificate to the owner of the design 
right. <Amended by Act No. 7289, Dec. 31, 2004>  (2) When a design registration certificate does not coincide with the design register or other 
documents, the Commissioner of the Korean Intell ectual Property Office shall, upon request or ex 
officio, reissue the design registration certificate with amendments, or issue a new design registration 
certificate. <Amended by Act No. 7289, Dec. 31, 2004> 
 CHAPTER V DESIGN RIGHT Article 39 (Registration of Establishment of Design Right)  
(1) A design right shall be created by dint of th e registration of its establishment. <Amended by Act 
No. 7289, Dec. 31, 2004>  (2) When a registration fee has b een paid in accordance with Article  31 (1), the late payment of a 
registration fee has been made in accordance wi th Article 33 (1), the remainder payment of a 
registration fee has been made in accordance with Article 33-2 (2), the payment or remainder payment 
of a registration fee has been made in accordance  with Article 33-3 (1), or an exemption from 
payment of a registration fee has been granted in accordance with Article 35 (1) 1 or (2), the 
Commissioner of the Korean Intellectual Property Offi ce shall register the establishment of the design 
right concerned. <Amended by Act No. 6767, Dec. 11, 2002; Act No. 7289, Dec. 31, 2004>  
(3) When a registration pursuant to paragraph (2 ) has been made, the Commissioner of the Korean 
Intellectual Property Office shall publicize the re gistration by inserting matters prescribed by 
Presidential Decree, such as the name and address of the owner of the design right, design registration number, etc., in the Design Gazette. <A mended by Act No. 8187, Jan. 3, 2007> 
 Article 40 (Duration of Design Right) 
 
(1) The duration of a design right shall be 15 years from the date of registration of its establishment: Provided, That the expiration date of the duration of  a design right relating to a similar design shall be 
the expiration date of the duration of the design right relating to a basic design. <Amended by Act 
No. 4595, Dec. 10, 1993; Act No. 5354, Aug. 22, 1997; Act No. 7289, Dec. 31, 2004> 
 
(2) Where the establishment of a design right is registered under Article 15 with respect to an 
application for design registration of a lawful holder, the duration of the design right under paragraph (1) shall be counted from the day followi ng the date of registration of the design right IP/N/1/KOR/D/3 
 Page 33 
 
 
  previously filed by an unentitled person. <Amende d by Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004>  Article 41 (Effect of Design Right)  
An owner of a design right shall, as a business, have  the exclusive right to work a registered design 
and a design similar thereto: Provided, That where th e design right is subject to an exclusive license, 
this shall not apply to the extent that the excl usive licensee has the exclus ive right to work the 
registered design or a design similar thereto under Article 47 (2). <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004> 
 
Article 42 (Design Right for Similar Designs)  A design right relating to a similar design as provided for in Article 7 (1) shall be incorporated in a 
design right for its basic design. <Amended by Act No. 7289, Dec. 31, 2004> 
 
Article 43 (Scope of Protection of Registered Designs)  The scope of protection of a registered design shall be determined by the matters entered in an application for design registration, the design represen ted in a drawing or photograph attached to the 
application, and in the explanation of the design described in the sample and drawing. <Amended by 
Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 Article 44 (Scope to Which Effect of Design Right is not Extended)  (1) The effect of a design right shall not extend to  any of the following: <Amended by Act No. 7289, 
Dec. 31, 2004> 
 1. Working of a registered design for the purpose of research or experiment; 2. Vessels, aircraft or vehicles merely passing through the Republic of Korea, or the machinery, 
instruments, equipment or other things used therein;  3. Things existing in the Republic of Korea since an application for design registration was filed. 
 
(2) Where font is registered as a design right, the eff ect of such design right sh all not extend insofar as 
it falls under any of the following subparagraphs: <N ewly Inserted by Act No. 7289, Dec. 31, 2004> 
 1. Where the font is used in the ordinary pro cess such as typing, type-setting, printing, etc.;  
2. Where it is the resulting material produced by th e use of font pursuant to the provisions of 
paragraph (1).  Article 45 (Relationship with Anothe r Person's Registered Design, etc.) 
 (1) Where a registered design is made by use of a nother person's registered design or design similar 
thereto, patented invention, registered utility mode l or registered trademark under an application filed 
prior to the filing date of the application for th e registration of the design concerned, or where a 
design right conflicts with anothe r person's patent right, utility m odel 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, as a business, the 
registered design without the permission of the owner of the earlier design right, patent right, utility 
model right or trademark right, or without complia nce with Article 70. <A mended by Act No. 5354, 
Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  IP/N/1/KOR/D/3 
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  (2) Where a design similar to a registered design is made by use of another person's registered design 
or design similar thereto, patented invention, regi stered utility model or registered trademark under an 
application filed prior to the filing date of the app lication for the registration of the design concerned, 
or where a right of the design similar to the regist ered design conflicts with another person's design 
right, patent right, utility model right or trademark right under an application filed prior to the filing 
date of the application for registration of the d esign concerned, the owner of the design right or 
exclusive or non-exclusive licensee shall not work, as a business, the design similar to the registered 
design without the permission of the owner of the ea rlier design right, patent right, utility model right 
or trademark right, or without compliance with Article 70. <Newly Inserted by Act No. 5354, 
Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 
(3) Where a registered design or a design similar th ereto is made by use of, or conflicts with, another 
person's copyright, effective prior to the filing date  of the application for registration of the design 
concerned, the owner of the design right or excl usive or non-exclusive licensee shall not work, as a 
business, the registered design or design similar th ereto without the permission of the owner of the 
copyright. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 Article 46 (Assignment and Joint Ownership of Design Right)  (1) A design right may be assigned: Provided, That a design right for a basic design and a design right for a similar design thereto shall be assigned toge ther. <Amended by Act No. 7289, Dec. 31, 2004> 
 
(2) Where a design right is owned jointly, each joint owner may neither assign his/her share nor 
establish a pledge upon it without the consent of  all the other joint owners. <Amended by Act 
No. 7289, Dec. 31, 2004>  
(3) Where a design right is owned jointly, each jo int owner may, except as otherwise agreed by a 
contract among all the joint owners, work the re gistered design or the design similar thereto by 
himself/herself without the consent of the ot her joint owners. <Amended by Act No. 4595, 
Dec. 10, 1993; Act No. 7289, Dec. 31, 2004>  (4) Where a design right is owned jointly, each join t owner may neither establish an exclusive license 
nor permit a non-exclusive license under the design right without the consent of all the other joint 
owners. <Amended by Act No. 7289, Dec. 31, 2004>   (5) A design right registered as a multiple desi gn may be divided and transferred for each design. 
<Newly Inserted by Act No. 5354, Aug. 22, 19 97; Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004> 
 Article 47 (Exclusive License)  (1) An owner of a design right may establish an  exclusive license on the design right for another 
person. <Amended by Act No. 7289, Dec. 31, 2004> 
 
(2) An exclusive licensee who has an exclusive license established under paragraph (1) shall have the 
exclusive right to work the registered de sign or the design similar thereto, within the limit provided 
for in the act of establishment. <Amended by Act No. 7289, Dec. 31, 2004>  
(3) An exclusive licensee shall not transfer the licen se 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 where 
inheritance or other general succession takes pl ace. <Amended by Act No. 7289, Dec. 31, 2004> 
 IP/N/1/KOR/D/3 
 Page 35 
 
 
  (4) An exclusive licensee shall not establish a pledge  or grant a non-exclusive license on the exclusive 
license without the consent of the owner of the design right. <Amended by Act No. 7289, Dec. 31, 2004>  (5) The provisions of Article 46 (2) through (4) sha ll apply mutatis mutandis to an exclusive license. 
 
Article 48 (Effect of Registration of Design Right and Exclusive License)   (1) Each of the following shall be of no effect unless it is registered:  
1. The transfer (except for cases through inheritan ce or other general succession) or extinguishment 
by abandonment, or restriction on the disposal of a design right; 2. The grant, transfer (except for cases through inhe ritance or other general succession), modification, 
extinguishment (except through confusion), or restri ction on the disposal of an exclusive license; 
3. The establishment, transfer (except for cases through inheritance or other general succession), 
modification, extinguishment (except through confusion) , or restriction on the disposal of a pledge on 
a design right or exclusive license.   (2) Inheritance of, or other general succession relati ng to a design right, exclusive license, and pledge 
under any subparagraph of paragraph (1) shall be notified, without delay, to the Commissioner of the 
Korean Intellectual Property Office. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 Article 49 (Non-Exclusive License)  (1) An owner of a design right may grant a non-exclusive license on his/her design right for another 
person. <Amended by Act No. 7289, Dec. 31, 2004> 
 (2) A non-exclusive licensee shall have the right to  work the registered design and a design similar 
thereto within the limit provided for in this Ac t or the act of establishment. <Amended by Act 
No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004>  
(3) A non-exclusive license under Article 70 shall be transferred together with the relevant design 
right of the non-exclusive licensee, and shall be extin guished at the same time as the relevant design 
right is extinguished. <Amended by Act No. 9764, Jun. 9, 2009>  (4) A non-exclusive license, other than those describ ed in paragraph (3), may not be transferred 
without the consent of the design right holder (or the design right holder and the exclusive licensee in 
the case of a non-exclusive license on an exclusive licen se), unless the transfer is made together with 
the underlying business or through inheritance or other general succession. <Newly Inserted by Act 
No. 9764, Jun. 9, 2009>  (5) A pledge may not be established on a non-exclusiv e license, other than those under paragraph (3), 
without the consent of the design right holder (or the design right holder and the exclusive licensee in 
the case of a non-exclusive license on an exclus ive license). <Newly Inserted by Act No. 9764, 
Jun. 9, 2009>  (6) Article 46 (2) and (3) shall apply mutatis muta ndis to a non-exclusive license. <Newly Inserted by 
Act No. 9764, Jun. 9, 2009> 
 IP/N/1/KOR/D/3 
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  Article 50 (Non-Exclusive License by Prior Use) 
 Where, at the time of filing an application for desi gn registration, a person who has created the design 
which is identical with or similar to the design in an existing application, without having prior 
knowledge of the design in the application, or h as learned the design from the creator, and has been 
working the design in the Republic of Korea, or h as been making preparations therefor, such person 
shall have a non-exclusive license for the design right to the design applied for registration, to the extent of the objective of design and project whic h he/she works or prepares for. <Amended by Act 
No. 4595, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>  
Article 50-2 (Non-Exclusive License by Earlier Application) 
 Where, at the time of registering the establishment of a design right of another person, a person (excluding those falling under Article 50) who has created the design which is identical with or 
similar to the design in an existing application, without having prior knowledge of the design in the 
application, or has learned the design from the creator, and has been working the design in the 
Republic of Korea, or has been making preparations  therefor, such person shall have a non-exclusive 
license for the design right, to the extent of the obj ective of design and project which he/she works or 
prepares for:  1. It is required that he/she app lied for registration of the design or similar design before the date 
when another person applied for design registrati on for the establishment and registration of design 
right, and has started or has prepared to start a business practicing the design regarding the application for design registration;  2. It is required that a decision or a trial decision to reject an application for design registration filed 
ahead of others for a design referred to in subparagraph 1 has been final and binding. 
[This Article Newly Inserted by Act No. 8187, Jan. 3, 2007] 
 Article 51 (Non-Exclusive License Due to Working Pr ior to Registration of Request for Invalidation 
Trial)  (1) Where a person falling under any of the following subparagraphs has been working a registered 
design or a design similar thereto or has been making preparations therefor in the Republic of Korea, 
prior to the registration of a request for an invalidation trial on the design registration concerned, without knowing that the design registration is subj ect to invalidation, such person shall have a non-
exclusive license on that design right or on the ex clusive license existing at the time the design 
registration was invalidated, to the extent of the obj ective of design and project  which he/she works or 
prepares for: <Amended by Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, 
Jun. 9, 2009>  1. The original owner of the design right, where one  of two or more design registrations granted for 
the same or a similar design has been invalidated; 2. The original owner of the design right, where his/her design registration has been invalidated and a 
design registration for the same or a similar design has been granted to a lawful holder; 
3. A person who has already been granted an ex clusive or non-exclusive license, or non-exclusive 
license on the exclusive license, at the time of regist ration of the request for an invalidation trial on 
the design right that has been inva lidated in the case of subparagraph 1 or 2 and who falls under either 
of the following items: 
 
(a) A person who has completed registration of the non-exclusive license or exclusive license 
concerned; (b) A person who has been granted a non-exclus ive license falling under Article 52-2 (2).  
 IP/N/1/KOR/D/3 
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  (2) A person who has been granted a non-exclusiv e license in accordance with paragraph (1) shall 
make reasonable remuneration for the right to the ow ner of the design right or the exclusive licensee. 
<Amended by Act No. 7289, Dec. 31, 2004>  Article 52 (Non-Exclusive License After Expi ration of Duration of Design Right, etc.) 
 
(1) Where a design similar to a registered one confli cts with a design right which has been registered 
prior to or on the date of application for registra tion of the design (hereinafter referred to as "original 
design right"), the owner of the original design right shall have a non-exclusive license with respect to 
the design right within the scope of the original design right when th e duration of original design right 
expires, or have a non-exclusive license with respect  to the exclusive license of the design right which 
exists at the time the duration of original design right expires. <Amended by Act No. 7289, Dec. 31, 
2004>  (2) In the case of paragraph (1), an  exclusive licensee of an original  design right which exists at the 
time the duration of the original right expires, or  a non-exclusive licensee registered under Article 52-
2 (1), shall have a non-exclusive license with resp ect to the design right within the scope of the 
original design right, or have a non-exclusive licen se with respect to the exclusive license of the 
design right which exists at the time the duration of  original design right expires. <Amended by Act 
No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009> 
 
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis where a registered design or a design similar thereto conflicts with a patent right or a utility model right which has been registered prior to or on the date of application for design re gistration, and where the duration of the patent right 
or utility model right expires. <Ame nded by Act No. 7289, Dec. 31, 2004> 
 
(4) A non-exclusive licensee pursuant to the provision s of paragraph (2) (inclu ding cases as applicable 
mutatis mutandis in paragraph (3)) shall make reas onable remuneration for it to the owner of the 
design right or the exclusive licensee in relation to the design right. <Amended by Act No. 7289, 
Dec. 31, 2004> [This Article Wholly Amended by Act No. 5354, Aug. 22, 1997] 
 
Article 52-2 (Effect of Registration of Non-Exclusive License)  (1) When a non-exclusive license has been registered, it shall also be effective against any person who 
subsequently acquires the design ri ght or an exclusive license.  
 
(2) A non-exclusive license granted under Article 33-3 (5), 50, 50-2, 51, 52, 58, 74-2 or 74-3 of this 
Act and Article 10 (1) of the Invention Promotion Ac t shall have the same effect as prescribed by 
paragraph (1) of this Article even if it has not been registered.   (3) The transfer, modification, extinguishment or r estriction on disposal of a non-exclusive license or 
the establishment, transfer, modification, extinguishmen t or restriction on dispo sal of a pledge relating 
to a non-exclusive license shall not be effective ag ainst a third party unless they are registered.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 53 (Abandonment of Design Right) 
 
An owner of a design right may abandon his/he r design right. <Amended by Act No. 7289, 
Dec. 31, 2004>  IP/N/1/KOR/D/3 
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  Article 54 (Restriction on Abandonment of Design Right, etc.) 
 (1) An owner of a design right shall not abandon his/her design right without the consent of the exclusive licensee, pledgee, or non-exclusive license e under Articles 47 (4) or 49 (1) of this Act or 
Article 10 (1) of the Invention Promotion Act.  <Amended by Act No. 7289, Dec. 31, 2004; Act 
No. 7869, Mar. 3, 2006; Act No. 8357, Apr. 11, 2007> 
 (2) An exclusive licensee shall not abandon his/he r exclusive license without the consent of the 
pledgee or non-exclusive licensee under the provisions of Article 47 (4).  
(3) A non-exclusive licensee shall not abandon his/ her non-exclusive license without the consent of 
the pledgee.  Article 55 (Effect of Abandonment)  
Where a design right or exclusive or non-exclusive license thereon is abandoned, such right or license 
shall lose its effect from that time on. <Amended by Act No. 7289, Dec. 31, 2004>  Article 56 (Pledge)  Where a pledge right the object of which is a desi gn right or exclusive or non-exclusive license is 
established, the pledgee shall not work the regist ered design except as otherwise prescribed by a 
contract. <Amended by Act No. 7289, Dec. 31, 2004>  Article 57 (Subrogation of Pledge Right)  
A pledge may be exercised against remuneration under  this Act or against remuneration or goods to 
be received for the working of the design right: Provi ded, That an attachment order shall be made 
prior to the payment or delivery of the re muneration or goods. <Amended by Act No. 5354, 
Aug. 22, 1997; Act No. 7289, Dec. 31, 2004>  Article 58 (Non-Exclusive License Depending on Transfer of Design Right by Exercise of Pledge 
Right) 
 Where an owner of a design right has worked the re gistered design or the design similar thereto which 
is the object of a pledge prior to the establishment of  the pledge, and the design right is subsequently 
sold at auction, etc., he/she shall have a non-excl usive license for the design right. In such cases, the 
owner of the design right shall pay reasonable rem uneration to the transferee of the design right. 
<Amended by Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007> [This Article Wholly Amended by Act No. 4595, Dec. 10, 1993]  Article 59 (Extinguishment of Design Right in Absence of Successor)  
A design right shall be extinguished if, at the tim e of succession, no successo r exists. <Amended by 
Act No. 7289, Dec. 31, 2004>  Article 60 Deleted. <by Act No. 7289, Dec. 31, 2004>  
Article 61 (Title of Execution on Amount  of Compensation and Remuneration) 
 A final and binding ruling by the Commissioner of the Korean Intellectual Property Office on the amount of compensation or remuneration to be paid under this Act shall have the same effect as an IP/N/1/KOR/D/3 
 Page 39 
 
 
  enforceable title of execution. In such  cases, the enforceable writ shall be given by a public official of 
the Korean Intellectual Property Office.  [This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]  CHAPTER VI PROTECTION OF OWNERS OF DESIGN RIGHTS 
 
Article 62 (Right to Seek Injunction against Infringement, etc.)  (1) An owner of a design right or exclusive licensee may demand a person who is infringing or is likely to infringe on his/her rights to discontinue or prevent such infringement. <Amended by Act 
No. 7289, Dec. 31, 2004> 
 (2) An owner of design right or exclusive licensee of a design which has been requested to be kept 
secret pursuant to Article 13 (1) shall not claim pu rsuant to the provisions of paragraph (1), until 
he/she issues a warning by submitting a documen t certified by the Commissioner of the Korean 
Intellectual Property Office as prescribed by Ordinance of the Ministry of Knowledge Economy on 
the following matters regarding such design: <New ly Inserted by Act No. 7289, Dec. 31, 2004; Act 
No. 8852, Feb. 29, 2008>  1. Name and address (title and location of the main o ffice in the case of a corporation) of the owner of 
the design right or the exclusive licensee (limit ed to cases where the excl usive licensee requests); 
2. Number and date of an application for design registration; 
3. Number and date of a design registration;  4. Drawings, pictures or contents of samples attach ed to the written application of design registration. 
 (3) An owner of a design right or an exclusive licensee who makes a demand under paragraph (1) may 
request the destruction of the articles which resulte d from the act of infringement, the removal of the 
facilities used for the act of infringement, or ot her measures necessary to prevent the infringement. 
<Amended by Act No. 7289, Dec. 31, 2004>  Article 63 (Acts Considered as Infringement)  
The acts of commercially or industrially manuf acturing, using, assigning, leasing, importing or 
offering for assigning or leasing, as a business, artic les used exclusively for the manufacture of 
articles to which a registered design or design simila r thereto is applied shall be deemed to be an 
infringement of the design right or exclusive license. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 
Article 64 (Presumption, etc. of Amount of Damage)  (1) Where an owner of a design right or exclus ive licensee claims compensation from a person who 
has intentionally or negligently infringed the design right or exclusive license and the latter transfers 
articles which cause the infringement, the amount of damages suffered by the owner of the design 
right or exclusive licensee may be calculated by multiplying the number of transferred articles by the 
profit per unit of the articles that the owner of the design right or exclusive licensee might have sold in 
the absence of said infringement. In such cases, th e amount of damages shall not exceed the amount 
calculated by multiplying, the number obtained by subtracting the number of articles actually sold 
from the number of articles which the owner of th e design right or exclusive licensee could have 
produced, by the estimated profit per unit: Provid ed, That where circumstances, except the acts of 
infringement, exist that prevent the owner of the d esign right or exclusive licensee from selling part of 
articles, a sum equivalent to the number of transferred articles subject to said circumstances shall be deducted. <Newly Inserted by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 IP/N/1/KOR/D/3 
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  (2) Where an owner of a design right or exclusive licensee claims compensation for damages from a 
person who has intentionally or negligently infringed  the design right or exclusive license, the profits 
gained by the infringer as a result of the infringement  shall be presumed to be the amount of damage 
suffered by the owner of the design right or  exclusive licensee. <Amended by Act No. 7289, 
Dec. 31, 2004> 
 
(3) An owner of a design right or exclusive licen see may claim, the amount of money which he/she 
would normally be entitled to receive for the work ing of the registered design from the person who 
has intentionally or negligently infringed the d esign right or exclusive license, as the amount of 
damages suffered by him/her by the infringement . <Amended by Act No. 7289, Dec. 31, 2004> 
 
(4) Notwithstanding paragraph (3), where the amount  of damages exceeds the amount referred to in 
the same paragraph, the amount in  excess may also be claimed as compensation for damages. In such 
cases, the court may take into consideration the fact  that there has been neither wilfulness nor gross 
negligence on the part of the person who has infringe d the design right or the exclusive license when 
awarding damages. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 (5) In litigation relating to the infringement of a de sign right or an exclusive license, where the court 
recognizes that the nature of the facts of the cas e makes it difficult to provide evidence proving the 
amount of damages that has occurred, notwithstanding paragraphs (1) through (4), the court may determine a reasonable amount on the basis of an ex amination of the evidence and a review of all the 
arguments. <Newly Inserted by Act No. 6413, Fe b. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 Article 65 (Presumption of Negligence)  (1) A person who has infringed a design right or  exclusive license of another person shall be 
presumed to have been negligent regarding such act  of infringement: Provided, That this shall not 
apply to the infringement of a design right or ex clusive license relating to a design registered as a 
secret design under Article 13 (1). <Amende d by Act No. 7289, Dec. 31, 2004> 
 (2) The provisions of paragraph (1) shall apply muta tis mutandis where an owner of a design right or 
exclusive or non-exclusive licensee of design of  unexamined design registration infringes another 
person's design right or exclusive license. <Newly Inserted by Act No. 5354, Aug. 22, 1997; Act 
No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  Article 66 (Recovery of Reputation of Owner of Design Right, etc.)  
Upon the request of an owner of a design right or  exclusive licensee, the court may, in lieu of 
damages or in addition thereto, order a person who has injured the business reputation of the owner of 
a design right or exclusive licensee by intentionall y or negligently infringing the design right or 
exclusive license, to take necessary measures to r ecover the business reputation of the said owner or 
exclusive licensee. <Amended by Act No. 7289, Dec. 31, 2004>  
Article 67 (Submission of Documents) 
 In litigation relating to the infringement of a design right or exclusive license, the court may, upon the 
request of a party, order the other party to subm it documents necessary for the assessment of damages 
caused by such infringement: Provided, That this provision shall not apply when the person 
possessing the documents has justifiable r easons for refusing to submit them.  
[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]  IP/N/1/KOR/D/3 
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  CHAPTER VII TRIAL 
 Article 67-2 (Trial on Ruling to Dismiss Amendment)   Where a person who receives a ruling to dismiss an amendment under Article 18-2 (1) is dissatisfied 
therewith, he/she may request a trial within 30 days from the date of receipt of the certified copy of 
the decision. [This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]  Article 67-3 (Trial on Decision to Reject or Revoke Design Registration) 
 
Where a person who receives a decision to reject or revoke design registration is dissatisfied 
therewith, he/she may request a trial within 30 days from the date of receipt of the certified copy of 
the decision. <Amended by Act No. 7289, Dec. 31, 2004> [This Article Newly Inserted by Act No. 6413, Feb. 3, 2001] 
 
Article 68 (Trial to Invalidate Design Registration)  (1) An interested person or an examiner may request  a trial to invalidate design registration in any of 
the following cases. In such cases, a request may be  made with respect to each design for which an 
application for multiple design registration is f iled pursuant to Article 11-2: <Amended by Act 
No. 4595, Dec. 10, 1993; Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, 
Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>  1. Where the registration is in violation of Article 4-24, 5, 6, 7 (1), 10, 16 (1) or (2); 2. Where a person is not entitled to obtain a d esign registration under the main sentence of 
Article 3 (1) or unable to obtain a design regi stration under the proviso to Article 3 (1);  
3. Where the registration has been effected contrary to the provisions of a treaty;  
4. Where an owner of a design right, after the desi gn registration, is no longer capable of enjoying the 
design right under Article 4-24, or the design registration no longer complies with a treaty.  (2) A trial under paragraph (1) may be requested even after the extinguishment of a design right. 
<Amended by Act No. 7289, Dec. 31, 2004> 
 (3) Where a trial decision to invalidate a design re gistration (excluding a similar design registration) 
has become final and binding, the design right shall be  deemed to have never existed: Provided, That 
where a trial decision to invalidate a design registration has become final and binding under 
paragraph (1) 4, the design right shall be deem ed not to have existed from the time the design 
registration first fell under the said subparagra ph. <Amended by Act No. 7289, Dec. 31, 2004> 
 (4) Where a trial decision to invalidate a basic d esign registration has become final and binding, a 
similar design registration shall also become invalid. <Amended by Act No. 7289, Dec. 31, 2004> 
 
(5) Where a trial decision to invalidate similar d esign registration has become final and binding or 
where similar design registration becomes invalid unde r paragraph (4), the si milar design right shall 
be deemed to have never existed:  Provided, That where a trial decision to invalidate similar design 
registration under paragraph (1) 4 has become fina l and binding, the similar design right shall be 
deemed not to have existed from the time the si milar design registration first fell under the said 
subparagraph. <Amended by Ac t No. 7289, Dec. 31, 2004> 
 (6) Where a trial for invalidation under paragraph (1) has been requested, th e presiding administrative 
patent judge shall notify the exclusive licensee of  the design right and any other persons who are IP/N/1/KOR/D/3 
Page 42  
  
  entitled to obtain a design registration of the pur port of such request. <Amended by Act No. 7289, 
Dec. 31, 2004>  Article 69 (Trial to Confirm Scope of Design Right)  
The owner of a design right, exclusive licensee or inte rested parties may request a trial to confirm the 
scope of the design right in order to confirm the protection scope of the registered design. <Amended by Act No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007>  Article 70 (Trial for Granting Non-Exclusive License) 
 
(1) If the owner of a design right, or exclusive or  non-exclusive licensee, desires to obtain permission 
to work the registered design or a design similar thereto as such a design falls under Article 45 (1) or 
(2), and if the other party refuses to grant permissi on without justifiable causes or it is impossible to 
obtain such permission, the said owner or exclusiv e or non-exclusive licensee may request a trial for 
granting a non-exclusive license to the extent necessary to work th e registered design or a design 
similar thereto. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  (2) If a person who has granted a non-exclusive li cense under paragraph (1) desires to work the 
registered design or design similar thereto which is owned by the non-exclusive licensee, and if the 
latter rejects to permit the working of such design or  if it is impossible to obtain such permission, 
he/she may request a trial to grant a non-exclusiv e license within the scope  necessary to work the 
registered design or a design similar thereto.  <Amended by Act No. 6413, Feb. 3, 2001; Act 
No. 7289, Dec. 31, 2004>  (3) A non-exclusive licensee under paragraphs (1) and (2) shall pay remuneration to the patentee, the 
owner of the utility model right, the owner of the design right or the exclusive licensee thereof: 
Provided, That if payment is impossible for re asons beyond the control of the said non-exclusive 
licensee, the remuneration shall be deposited.  <Amended by Act No. 7289, Dec. 31, 2004> 
 (4) A non-exclusive licensee under paragraph (3) shall not work the patented invention, registered 
utility model or registered design or design sim ilar thereto without payment of remuneration or 
deposit thereof. <Amended by Act No. 4595, Dec. 10, 1993; Act No. 7289, Dec.  31, 2004> 
 Article 71 (Mutatis Mutandis Application of Provisi ons on Examination to Trial against Decision to 
Reject Design Registration)  
(1) The provisions of Article 18 (1) through (4), the main sentence of Article 18 (5), Articles 18-2, 27 
and 28 shall apply mutatis mutandis to a trial agains t a decision to reject design registration. In such 
cases, "before a notification of decision to grant design registration under Article 28 or decision to reject design registration under Article 26 (hereinafter referred to as "decision to grant or reject design 
registration") is delivered" in the main sentence of  Article 18 (5) shall be construed as "within the 
time limit designated for submission of argument by no tification of reasons for rejection", "where an 
applicant requests a trial under Article 67-2" in Artic le 18-2 (3) shall be cons trued as "where an action 
has been brought pursuant to Article 75-1", and "un til the trial decision has become final and binding" 
in Article 18-2 (3) shall be construed as "until the ruling has become final and binding". <Amended 
by Act No. 9764, Jun. 9, 2009>  
(2) Articles 18-2 (1) and (4) and 27 applied muta tis mutandis under paragraph (1) shall apply only 
where the reasons for rejection differ from the grounds  for the examiner's original decision to reject 
design registration. <Amended by Act No. 7289, Dec. 31, 2004; Act No. 9764, Jun. 9, 2009> [This Article Newly Inserted by Act No. 6413, Feb. 3, 2001]  IP/N/1/KOR/D/3 
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  Article 72 (Request for Joint Trial, etc.)  
 (1) Where two or more persons request an invalida tion trial under Article 68 (1) or a trial to confirm 
the scope of a design right under Article 69, the re quest may be filed individually, or jointly.  
 
(2) Where a trial is requested against any of the ow ners of a design right under joint ownership, all the 
joint owners shall be made defendants.   (3) Notwithstanding paragraph (1), where the joint owners of a design right or of a right to obtain a design registration request a trial concerning the ri ght under joint ownership, the request shall be 
made jointly by all the joint owners.  
 (4) Where there exist grounds for suspension or inte rruption of trial proceedings which apply to one 
of the requesters under paragraph (1) or (3) or one of the defendants under paragraph (2), the 
suspension or interruption shall be effective against all of them.  
[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009] 
 Article 72-2 (Formal Requirements of Request for Trial)  (1) Any person who intends to request a trial shall submit a written request to the President of the 
Intellectual Property Tribunal, stating the following:  
1. The names and domiciles of the parties (in the ca se of a juridical person, the title and location of the 
place of business);  2. The name and domicile, or location of the place of business, of the agent, if designated (name, 
location of office and designated patent attorney's  name, if the agent is a patent corporation); 
3. Identification of the trial case;  
4. The purport of the request and the grounds therefor.  
 (2) No amendment to a written request for a trial submitted under paragraph (1 ) shall be made with 
regard to the intent or purpose thereof: Provided, That this shall not apply when such amendment falls 
under any of the following subparagraphs: 1. An amendment (including supplementation) is ma de to correct the description of an owner of the 
design right among the parties prescribed by paragraph (1) 1; 
2. The reason for a request is amended under paragraph (1) 4;  
3. At a trial requested by an owner of a design ri ght or an exclusive license e as a petitioner to confirm 
the scope of a design right, the drawings of the de sign subject to confirmation on the written request 
for a trial are amended by the petitioner in order to make them identical with the design which is used 
by the defendant, in cases where the defendant insist s that the design subject to confirmation on the 
written request for a trial (referring to the defendant 's design claimed by the petitioner) is different 
from the design which is used by him/herself.  (3) When a trial is requested to confirm the scope of  a design right under Article 69, drawings that can 
be compared with the registered design sh all be attached to the written request.  
 
(4) A written request for a trial to grant a non-exclus ive license under Article 70 (1) shall, in addition 
to the particulars referred to in paragraph (1), state the following:  
 1. The number and title of his/her registered design to be worked; 
2. The number, title and date of patent or regist ration of the other party's patented invention, 
registered utility model or registered design to be worked;  3. The scope, duration and remuneration for the n on-exclusive license for a patented invention, a 
registered utility model or a registered design. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  IP/N/1/KOR/D/3 
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Article 72-3 (Formal Requirements of Request for Trial against Decision to Reject Design 
Registration, etc.)  (1) Any person who intends to request a trial agains t a ruling to dismiss an amendment, a decision to 
reject a design registration, or a decision to can cel a design registration under Article 67-2 or 67-3 
shall, notwithstanding the provisions of Article 72-2 (1), submit a written request to the President of 
the Intellectual Property Tribunal, stating the following,  and if there is a request for a trial against a 
decision to cancel a design registration under Article  67-3, the President of the Intellectual Property 
Tribunal shall notify the purport of such request to the applicant for objection against unexamined 
design registration: 
 1. The name and domicile of the petitioner (if the petitioner is a legal entity, the title and location of 
the place of business);  2. The name and domicile, or location of the place of business, of the agent, if designated (the name, 
location of the office and designated patent attorney's  name, if the agent is a patent corporation);  
3. The filing date and number of the application (in cases of an appeal against a decision to cancel a design registration, the registration date and registration number of the design);  
4. Goods made by the design; 5. The date of the decision to reject a design regi stration, the date of decision to cancel a design 
registration or the date of ruling to dismiss an amendment; 
6. The identification of the trial case; 
7. The purport of the request and the grounds therefor.   (2) If a written request for a trial submitted under para graph (1) is to be amended, the purport thereof 
shall not be amended: Provided, That this shall not apply to any of the following subparagraphs:  
1. An amendment (including supplementation) is made to correct the description of a petitioner 
prescribed in paragraph (1) 1;  2. An amendment is made to correct the groun ds for request prescribed in paragraph (1) 7. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-4 (Dismissal of Request for Trial by Ruling) 
 
(1) The presiding administrative patent judge shall order an amendment to a written request within a 
specified period in any of the following cases:  1. Where a written request for trial does not comply with Article 72-2 (1), (3), (4) or 72-3 (1);  
2. Where a procedure relating to a tria l falls under any of the following items:  
 (a) Where the procedure is not in compliance with the provisions of Article 4 (1) or 4-4;  (b) Where fees payable in accordance with  Article 34 have not been paid;  
(c) Where the procedure is not in compliance with  the methods specified in this Act or orders 
thereunder.  
 
(2) Where a person who has been ordered to make an amendment to a written request under 
paragraph (1) fails to do so within the specified peri od, the presiding administrative patent judge shall 
dismiss the request for trial by a ruling.  
(3) A ruling under paragraph (2) shall be issued in writing and shall state the reasons therefor. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   IP/N/1/KOR/D/3 
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  Article 72-5 (Dismissal of Request for Trial containing Incurable Defects by Trial Decision)  
 If an application for objection against unexamined d esign registration or a request for a trial contains 
unlawful defects which cannot be amended, such request may be dismissed by a trial decision without giving the defendant an opportunity to submit a written reply. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 72-6 (Administrative Patent Judges)  (1) When a trial is requested, the President of the Intellectual Property Tribunal shall direct the 
administrative patent judges to hear the case.  
 (2) The eligibility requirements of the administrative patent judges shall be pr escribed by Presidential 
Decree.   
(3) Administrative patent judges shall conduct their official duties for a trial in an independent 
manner.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-7 (Designation of Administrative Patent Judges)  
(1) For each trial case, the President of the Intellectual Property Tr ibunal shall designate 
administrative patent judges constitu ting a board under Article 72-9. 
 (2) When any administrative patent judge designate d in accordance with paragraph (1) is unable to 
participate in a trial, the President of the Intellectual Property Tribunal may appoint another 
administrative patent judge to take his/her place.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-8 (Presiding Administrative Patent Judge)  (1) The President of the Intellectual Property Tribun al shall select one of the administrative patent 
judges designated under Article 72-7 (1) as the presiding administrative patent judge.  
 (2) The presiding administrative patent judge shall preside over all matters relating to a trial.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   
Article 72-9 (Board for Trial) 
 (1) A trial shall be conducted by a boa rd which consists of three or five administrative patent judges.  
 (2) The board referred to in paragraph (1) sh all make its decisions by a majority vote.  
 
(3) The consultations of the administrative pa tent judges shall not be open to the public.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-10 (Submission of Written Response, etc.)  
(1) When a trial has been requested , the presiding administrative patent judge shall transmit a copy of 
the written request to the defendant and shall give him/her an opportunity to submit a response within 
a designated period.   IP/N/1/KOR/D/3 
Page 46  
  
  (2) Upon receipt of the response under paragraph (1),  the presiding administrative patent judge shall 
transmit a copy of the response to the petitioner.   (3) The presiding administrative patent judge may directly examine the parties in relation to a trial.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 
Article 72-11 (Exclusion of Admi nistrative Patent Judges) 
 In the following cases, an administrative patent judge shall be precluded from exercising his/her functions in a trial:  
 
1. Where the administrative patent judge or his/her present or former spouse is a party, an intervenor, 
or an applicant for objection against unexamined design registration; 2. Where the administrative patent judge is or wa s a blood relative of a party, an intervenor or an 
applicant for objection against unexamined design registration;  
3. Where the administrative patent judge is or was a legal representative of a party, an intervenor, or 
an applicant for objection against unexamined design registration; 4. Where the administrative patent judge has become a witness or an expert witness or was an expert 
witness;  5. Where the administrative patent judge is or was an  agent of a party, an intervenor, or an applicant 
for objection against unexamined design registration;  
6. Where the administrative patent judge has particip ated as an examiner or an administrative patent 
judge in a decision to reject an amendment, a de cision on a design registration, or a decision on an 
application for objection against unexamined design registration, or a trial decision thereof; 7. Where the administrative patent judg e has a direct interest in the case. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 
Article 72-12 (Request for Exclusion)   Where there exist grounds for exclusion under Artic le 72-11, a party or an intervenor may request 
exclusion of the relevant administrative patent judge.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 
Article 72-13 (Recusation of Administrative Patent Judges)   (1) Where there exist circ umstances wherein the participation of an administrative patent judge would 
prejudice the fairness of the proceedings in a trial, a party or an intervenor may request recusation of 
such administrative patent judge.  
 (2) After a party or intervenor has made a written or  oral statement with regard to the case before an 
administrative patent judge, he/she may not request  recusation of the administrative patent judge: 
Provided, That where the party or intervenor did not know that there exists a ground for recusation or 
where a ground for recusation arose subsequently, this shall not apply.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 72-14 (Indication of Grounds for Exclusion or Recusation) 
 (1) Any person who requests exclusion or recusat ion under Articles 72-12 and 72-13 shall submit a 
document to the President of the Intellectual Prope rty Tribunal stating the grounds therefor: Provided, 
That in oral proceedings, such may be made orally.   IP/N/1/KOR/D/3 
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  (2) The underlying causes for exclusion or challenge sha ll be substantiated within three days from the 
date the motion was presented.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-15 (Decision on Petition for Exclusion or Recusation)  
 
(1) Where a petition for exclusion or recusation is file d, the decision shall be rendered by a trial.  
 (2) An administrative patent judge subject to exclusi on or recusation shall not participate in the trial of 
the exclusion or recusation: Provided, That he/she may state his/her opinion.  
 
(3) A decision under paragraph (1) shall be rendered in writing and shall state the reasons therefor.  
 (4) No appeal shall be made against a decision rendered under paragraph (1). 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 
Article 72-16 (Suspension of Proceedings)   When a petition for exclusion or recusation has been filed, the trial proceedi ngs shall be suspended 
until a decision thereon has been rendered: Provided,  That this shall not apply to matters requiring 
urgent attention.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 72-17 (Administrative Patent Judges Recusing Themselves)   Where the provisions of Article 72-11 or 72-13 apply to an administrative patent judge, he/she may 
recuse himself/herself from trial proceedings relating to the case with the approval of the President of 
the Intellectual Property Tribunal.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-18 (Trial Proceedings, etc.)   
(1) Trial proceedings shall be conducted by oral proceedings or documentary proceedings: Provided, 
That where requested by the concerned party, tr ial proceedings shall be conducted only by oral 
proceedings except where it is recognized that a deci sion can be rendered on the basis of documentary 
proceedings alone.   
(2) Oral proceedings shall be conducted in public : Provided, That this shall not apply where public 
order or morality is likely to be injured thereby.   (3) Where trial proceedings are conducted by oral proceedings in accordance with the provisions of 
paragraph (1), the presiding administrative patent judge shall designate the date and place thereof and 
transmit a document containing such information to th e parties and intervenors: Provided, That this 
shall not apply where the parties or intervenors having attended the case have already been notified 
thereof.   (4) The presiding administrative patent judge shall,  where trial proceedings are conducted by oral 
proceedings under the provisions of paragraph (1), have  an official designated by the President of the 
Intellectual Property Tribunal prepare a protocol se tting forth the gist of the proceedings and other 
necessary matters in time for the date of each trial proceeding.   (5) The presiding administrative patent judge and the official who has prepared the protocol under paragraph (4) shall sign the protocol and affix their seals thereto. IP/N/1/KOR/D/3 
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(6) The provisions of Articles 153, 154, and 156 thro ugh 160 of the Civil Procedure Act shall apply 
mutatis mutandis to protocols under paragraph (4).  (7) The provisions of Articles 143, 259, 299 and 367 of the Civil Procedure Act shall apply mutatis 
mutandis to a trial.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-19 (Intervention)  
(1) Any person having the right to request a trial unde r Article 72 (1) may intervene in the trial until 
the trial proceedings are concluded.  (2) An intervenor under paragraph (1) may continue trial proceedings even after the request for the 
trial has been withdrawn by the party for whose honor he/she intervened. 
 
(3) Any person having an interest in the result of a trial may intervene in the trial until the trial 
proceedings are concluded in order to assist one of the parties.  (4) An intervenor under paragraph (3 ) may initiate and take part in an y procedure relating to the trial. 
 
(5) Where there exist grounds for suspension of tria l proceedings applicable to an intervenor under 
paragraph (1) or (3), the suspension shall also be  effective against the party for whose honor he/she 
intervened.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   
Article 72-20 (Request for Intervention and Decision) 
 (1) Any person intending to intervene in a trial shal l submit, in writing, a request for intervention to 
the presiding administrative patent judge.   (2) The presiding administrative patent judge shall tr ansmit a copy of the request for intervention to 
the parties and other intervenors and give them  an opportunity to submit arguments within a 
designated period.   (3) Where a request for intervention is made, th e decision thereon shall be rendered by trial. 
 
(4) A decision under paragraph (3) shall be rendered in writing and shall state the reasons therefor.  
 (5) No appeal shall be made against a decision rendered under paragraph (3).  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-21 (Taking and Preserving Evidence) 
 
(1) With respect to a trial, ev idence may be examined or preserved upon the request of a party, 
intervenor, interested person, or ex officio.   (2) The provisions of the Civil Pr ocedure Act relating to the examin ation and preservation of evidence 
shall apply mutatis mutandis to any examinati on and preservation thereof under paragraph (1): 
Provided, That the administrative patent judge may not impose fines for negligence, order compulsory 
appearance, or require the deposit of money as security.   IP/N/1/KOR/D/3 
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  (3) A request to preserve evidence shall be filed with the President of the Intellectual Property 
Tribunal prior to a request for a trial and to the presiding administrative patent judge of the case while 
the trial is pending.   (4) Where a petition for preservation of evidence has b een filed under paragraph (1) prior to a request 
for a trial, the President of the Intellectual Propert y Tribunal shall designate an administrative patent 
judge to be responsible for the preservation of evidence.   (5) Where evidence has been examined or preserved,  ex officio, under paragraph (1), the presiding 
administrative patent judge shall notify the parties,  intervenors, and interested persons thereof and 
shall give them an opportunity to submit an argument within a designated period. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-22 (Continuation of Trial Proceedings) 
 
Notwithstanding the failure of a party or an interv enor to take any proceedings within the period 
designated in accordance with this Act, or prescrib ed by other Acts, or failure to appear on the 
designated date in accordance with Article 72-18 (3),  the presiding administrative patent judge may 
proceed with the trial proceedings.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   
Article 72-23 (Ex Officio Trial Proceedings)  
 (1) Grounds which have not been pleaded by a party or  an intervenor may be examined in a trial. In 
such cases, the parties and intervenors shall be gi ven an opportunity to state their opinions regarding 
such grounds, within a designated period.  
 
(2) In a trial, no examination shall be made on the purpose of a claim not requested by the petitioner.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-24 (Joint or Separate Conduct of  Trial Proceedings or Trial Decisions)  
 
An administrative patent judge may combine the tria l examination or trial decision of two or more 
trial proceedings where one or both of the par ties thereto are the same, or, may examine them 
separately.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   
Article 72-25 (Withdrawal of Request for Trial) 
 (1) A request for a trial may be withdrawn before  a trial decision has become final and binding: 
Provided, That the consent of the other party shall be obtained if such withdrawal  is to be made after a 
response has already been submitted.   
(2) Where a request for a trial is withdrawn in accord ance with paragraph (1), the said request shall be 
deemed to have never been filed.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-26 (Trial Decisions)  
 
(1) Except as otherwise provided for, when a trial deci sion has been rendered, the trial shall be closed.  
 (2) A trial decision under paragraph (1) shall be rendered in writing, signed and sealed by the 
administrative patent judges who have rendere d it, and shall state the following matters:  IP/N/1/KOR/D/3 
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1. The number of the trial;  2. The names and domiciles of the parties and intervenors (in the case of a juridical person, the title and location of the place of business);  3. The name and domicile or place of business of the agent, if any (the title, place of office and name 
of the designated patent attorney if the agent is a patent corporation);  
4. The identification of the trial case;  5. The text of the trial decision (including the scope, duration and remuneration of a non-exclusive 
license in trial cases under Article 70);  6. The reasons for the trial decision (including the purport and a summary of the reason for the 
request);  
7. The date of the trial decision.   (3) When a case has been thoroughly examined and is  ready to be ruled, the presiding administrative 
patent judge shall notify the parties and interve nors of the closure of the trial examination.  
 
(4) Even after notification of the closure of a trial examination under paragraph (3), the presiding 
administrative patent judge may, if necessary, re open the case upon the request of a party or an 
intervenor or ex officio.   (5) A trial decision shall be rendered within 20 da ys following the date on which notification of the 
closure of the trial examination is served under paragraph (3).  
 (6) When a trial decision or a decision has been rendered, the presiding administrative patent judge 
shall serve a certified copy of the trial decision or decision upon the parties, intervenors, and persons 
who have requested intervention in the trial but have been rejected.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 72-27 (Res Judicata)   When a trial decision has become final and binding pursuant to this Act, no person may request the trial again for the relevant case on the basis of the sa me facts and evidence: Provided, That this shall 
not apply where the final and binding trial decision is a decision of rejection. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-28 (Relationship with Litigations)   
(1) A presiding administrative patent judge shall, if necessary for a trial, suspend the proceedings until 
the decision on an application for objection agai nst unexamined design registration or the trial 
decision of another trial relevant to the trial becomes final and binding, or litigation proceedings 
thereon are concluded.   (2) The court may, if necessary for litigation pro ceedings, suspend the litigation proceedings until a 
trial decision on the design becomes final and binding.  
 (3) Where an action relating to the infringement of a design right or exclusive license is instituted, the 
relevant court shall notify the President of the In tellectual Property Tribunal of the purport thereof. 
This shall also apply where the litigatio n proceedings have been terminated.  
 
(4) Where a trial for invalidating a design right, etc.  is requested in response to a legal action against 
an infringement of a design right or exclusive license under paragraph (3), the President of the 
Intellectual Property Tribunal shall notify the rele vant court under paragraph (3) of the purport IP/N/1/KOR/D/3 
 Page 51 
 
 
  thereof. This shall also apply where there is a decision of rejection, a trial decision or a withdrawal of 
a request.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-29 (Costs of Trial)  
 
(1) The imposition of costs in connection with a tr ial under Articles 68 (1) and 69 shall be decided by 
a trial decision in the event the trial is terminated by  a trial decision, or by a decision in the trial where 
the trial is terminated in a manner other than by a trial decision.   
(2) The provisions of Articles 98 through 103, 107 (1) and (2), 108, 111, 112, and 116 of the Civil 
Procedure Act shall apply mutatis mutandis to the costs of a trial under paragraph (1).  
 (3) The costs of a trial under Article 67-2, 67-3, or 70 shall be borne by the petitioner or the applicant 
for objection against unexamined design registration.  
 
(4) The provisions of Article 102 of the Civil Procedure Act shall apply mutatis mutandis to costs borne by a petitioner or an applicant for objec tion against unexamined design registration under 
paragraph (3).   (5) The President of the Intellectual Property Trib unal shall decide upon the total costs of a trial upon 
the request of a party and after the trial decision or the decision has become final and binding.  
 (6) The extent, amount, and payment of the costs of a trial, as well as the payment of the costs for 
performing any procedural acts in a trial, shall be governed by the examples of relevant provisions of 
the Costs of Civil Procedure Act, unless contrary to its nature.  
 
(7) The fees which a party has paid or will pay to a patent attorney who represents the party in a trial 
shall be deemed the costs of the trial to the ex tent determined by the Commissioner of the Korean 
Intellectual Property Office. In this regard, even if  two or more patent attorneys have represented a 
person for the trial, it shall be deemed to ha ve been represented by one patent attorney.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 
Article 72-30 (Title of Enforcement of Costs or Remuneration)   A final and binding ruling on the costs of a trial decided upon by the President of the Intellectual Property Tribunal or on the compensation decided u pon by an administrative patent judge under this 
Act shall have the same effect as an enforceable title  of liability. In such cases, the enforceable writ 
shall be given by a public official of the Intellectual Property Tribunal.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-31 (Special Provisions for Trial against Decision to Reject Design Registration)  
Articles 72-10 (1) and (2), 72-19 and 72-20 shall not  apply to a trial under Article 67-2 or 67-3. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 72-32 (Effects of Examination or Application for Objection against Unexamined Design Registration Proceedings) 
 
Design-related proceedings previously taken during the course of an examination or with regard to an 
application for objection against unexamined design regi stration shall also remain effective in a trial 
against a decision to reject a design registration or a decision to cancel a design registration.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  IP/N/1/KOR/D/3 
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Article 72-33 (Revocation of Decision to Reject Design Registration, etc.)  (1) Where an administrative patent judge ackno wledges that a request for a trial filed under 
Article 67-2 or 67-3 is well grounded,  he/she shall revoke a ruling to dismiss an amendment, reject a 
design registration, or cancel a design registration by a trial decision.  
 (2) Where a ruling to dismiss an amendment, re ject a design registration, or cancel a design 
registration is revoked in a trial, a trial decision ma y be rendered to refer the relevant matter to an 
examination.  
 
(3) The reasons for a trial decision rendered under pa ragraphs (1) and (2) which constitute the basis 
for the revocation shall be binding on th e examiner with respect to the case.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   
CHAPTER VIII  RETRIAL AND LITIGATION 
 Article 73 (Request for Retrial)  (1) Any party may request a retrial on a trial decision that has become final and binding.  
(2) Articles 451 and 453 of the Civil Procedure Ac t shall apply mutatis mutandis to a request for 
retrial under paragraph (1). <Amended by Act No. 6626, Jan. 26, 2002; Act No. 8187, Jan. 3, 2007> 
 Article 73-2 (Request for Retrial on Trial Decision of Fraudulence) 
 
(1) Where the parties in a trial acted in collusi on for the purpose of causing a trial decision to be 
rendered which damages the rights or interests of a third party, the third party may request a retrial 
against the trial decision which has become final and binding.   (2) Where a request for a retrial under paragraph (1) is  filed, the parties of the trial shall be joint 
defendants.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 73-3 (Period for Requesting Retrial)   (1) A retrial shall be requested within 30 days fro m the date on which the petitioner becomes aware of 
the grounds for the retrial after the tr ial decision became final and binding.  
 (2) Where a retrial is requested by reason of defe cts in an authority of representation, the period 
provided for in paragraph (1) shall be counted fro m the day following the date on which the petitioner 
or his/her legal representative becomes aware that the trial decision has been rendered, by means of 
delivery of a certified copy of such trial decision. 
 
(3) No request for a retrial shall be filed after th e expiration of three years from the date on which the 
trial decision becomes final and binding.   (4) Where grounds for a retrial arise after the trial decision has become final and binding, the period 
prescribed in paragraph (3) shall be counted from the day following the date on which the grounds 
first accrue.  IP/N/1/KOR/D/3 
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  (5) Paragraphs (1) and (3) shall not apply to a request  for a retrial on the grounds that the trial decision 
conflicts with a final and binding tr ial decision previously rendered.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 74 (Restriction on Effects of Design Rights Restored by Retrial) 
 
(1) In the following cases, no effect of a design right shall be extended to goods imported in good faith, or produced or acquired in the Republic of Korea after the trial decision becomes final and 
binding but before a request for a retrial is regist ered: <Amended by Act No. 6413, Feb. 3, 2001; Act 
No. 7289, Dec. 31, 2004> 
 
1. Where a design right (including a design right that has been finally and conclusively revoked in a trial against a decision to revoke a design registration) had been invalidated but is restored by a retrial; 
2. Where, after a trial decision became final and binding, ruling that a product was outside the scope 
of the design right, a decision to the contrary at a retrial has become final and binding;  
3. Where a trial decision to reject an application for design registration has become final and binding 
but the establishment of the design right is registered by a retrial.  (2) Where a design right falls under any subparagraph of  paragraph (1), the effect of the design right 
shall not extend to the following acts: <Amended by Act No. 5082, Dec. 29, 1995; Act No. 7289, Dec. 31, 2004> 
 
1. Working of the design in good faith after the tria l decision became final and binding but before the 
request for a retrial is registered;  2. Manufacturing, assigning, leasing, importing, or offe ring for assigning or leasing of the products to 
which the registered design has been applied, af ter the trial decision became final and binding but 
before the request for a retrial is registered.  
 Article 74-2 (Non-Exclusive License for Prior User of Design Right Restored by Retrial)  For cases which fall under any subpara graph of Article 74 (1), any person who has been, in good 
faith, commercially conducting a business using the rele vant design in the Republic of Korea, or has 
been preparing therefor, after a trial decision became final and binding but prior to the registration of 
a request for retrial, shall have a nonexclusive licen se on the design right to the extent of the design 
and of the purpose of business which is  being conducted or prepared for. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   
Article 74-3 (Non-Exclusive License for Person De prived of Non-Exclusive License by Retrial) 
 (1) Where, after a trial decision to grant a non-exclusive license under Article 70 (1) or (2) has become final and binding, a trial decision to the co ntrary is rendered finall y and conclusively at a 
retrial, any person who has been, in good faith, co mmercially conducting a business using the design 
concerned in the Republic of Korea, or has been prep aring therefor prior to the registration of a retrial 
request shall have a non-exclusive license on the de sign right or on the exclusive license existing at 
the time the trial decision of the retrial becomes final and binding, within the objective of the non-
exclusive license and the scope of the design.  (2) Any person holding a non-exclusive license under pa ragraph (1) shall pay considerable fees to the 
owner of the design right or the exclusive licensee. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   IP/N/1/KOR/D/3 
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  Article 74-4 (Mutatis Mutandis Applicati on of Provisions on Trial to Retrial)  
 The provisions relating to trial proceedings shall appl y mutatis mutandis to a retrial, unless contrary to 
its nature. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 
Article 74-5 (Mutatis Mutandis Applica tion of the Civil Procedure Act)  
 The provisions of Article 459 (1) of the Civil Proce dure Act shall apply mutatis mutandis to a request 
for retrial.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 75 (Actions against Trial Decisions, etc.)  (1) The Patent Court of Korea shall have exclusive jurisdiction over any action against a trial decision, 
a decision of rejection under Article 18-2 (1) a pplied mutatis mutandis pursuant to Article 71 (1) 
(including cases as applicable mutatis mutandis in Article 74-4), a decision of rejection of a request for a trial or retrial.   (2) The action prescribed in paragraph (1) may be brought  by a person who is a party, an intervenor or 
any person who has requested intervention in the trial but has been rejected.  
 
(3) The action prescribed in paragraph (1) may be brought  within 30 days from the date of receipt of a 
certified copy of the trial decision or decision.   (4) The period prescribed in paragr aph (3) shall not be changed.  
 
(5) With respect to a peremptory period referred to in paragraph (3), the presiding administrative 
patent judge may, ex officio, determine any a dditional period for the benefit of a person whose 
domicile or residence is in a remote area or a person residing in an area difficult to access.   (6) An action on matters for which a trial may be requ ested may not be brought unless it is related to a 
trial decision. 
 (7) An action under paragraph (1) on a trial decisi on on remuneration under Ar ticle 72-26 (2) 5 and a 
trial decision or decision on trial costs under Artic le 72-29 (1) may not be brought independently.  
 
(8) Any person who has received a ruling from the Pa tent Court under paragraph (1) may appeal to 
the Supreme Court.  [This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]   Article 75-2 (Qualifications for Defendants)   
In any action under Article 75 (1), the Commissioner of the Korean Intellectual Property Office shall 
be the defendant: Provided, That in the case of an acti on against the trial decision of a trial, or a retrial 
thereof, under Articles 68 (1), 69, and 70 (1) and (2 ), the petitioner or the defendant thereof shall be 
the defendant.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 IP/N/1/KOR/D/3 
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  Article 75-3 (Notification of Institution of Action and Delivery of Original Copies of Judgments) 
 (1) When any action is instituted against a trial d ecision or a decision of rejection under Article 18-
2 (1) applied mutatis mutandis pursuant to Artic le 71 (1) (including cases as applicable mutatis 
mutandis in Article 74-4), or an appeal is filed u nder Article 75 (8), the court shall notify, without 
delay, the President of the Intellectual Property Tribunal of the purport thereof.  
 (2) When a litigation procedure regarding an acti on under the proviso to Article 75-2 has been 
concluded, the court shall deliver the original copi es of the judgments rendered in all instance levels 
on the action to the President of the Intellectual Property Tribunal.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 75-4 (Revocation of Trial Decision or Decision)  (1) Where the court has deemed that an action filed under Article 75 (1) was well grounded, it shall 
revoke the trial decision or decision by judgment.  
 (2) Where a revocation of a trial decision or decision becomes final and binding under paragraph (1), the administrative patent judge shall review th e case and issue a trial decision or decision.  
 (3) The reasons for a judgment on an action under pa ragraph (1) which constitute the basis for the 
revocation shall be binding on th e Intellectual Property Tribunal with respect to the case.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 75-5 (Action against Decision on Am ount of Compensation or Remuneration) 
 
(1) Any person who is dissatisfied with a trial decision or decision regarding the amount of 
compensation or remuneration under Article 70 (3) may file an action in the court.  
 (2) An action under paragraph (1) shall be filed with in 30 days from the date of receipt of a certified 
copy of the trial decision or decision.   
(3) The period prescribed in paragraph (2) shall be a peremptory period.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 75-6 (Defendant in Action rela ting to Compensation or Remuneration) 
 
In any action under Article 75-5, the exclusive licensee, non-exclusive licensee, or owner of the 
design right shall be the defendant with rega rds to the compensation or remuneration under 
Article 70 (3).  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 75-7 (Compensation for Patent Attorneys and Costs of Litigation)  
 
With respect to compensation for a patent attorney representing a party in an action, Article 109 of the 
Civil Procedure Act shall apply mutatis mutandis. In  such cases, "lawyer" shall be construed as 
"patent attorney".  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009] 
 IP/N/1/KOR/D/3 
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  CHAPTER IX SUPPLEMENTARY PROVISIONS 
 Article 76 (Inspection, etc. of Documents)  (1) A person who needs certification of application for a design registration or trial, etc., delivery of a 
certified copy or extract of documents, inspection or copy of the design register or other documents 
may request the Commissioner of the Korean Inte llectual Property Office or the President of the 
Intellectual Property Tribunal to do so. <Amended by Act No. 4894, Jan. 5, 1995; Act No. 7289, Dec. 31, 2004>  
(2) The Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal may reject a request under paragr aph (1) if the required document relates to an 
application that is not laid open and the establishment of design right is not registered, or it is liable to 
contravene public order or virtuous  manners and customs. <Amended by Act No. 4894, Jan. 5, 1995; 
Act No. 5082, Dec. 29, 1995; Act No. 7289, Dec. 31, 2004>  
 
Article 77 (Prohibition of Carrying Out or Opening of Documents Relating to Application, Examination or Trial, etc.)  (1) Documents relating to applications for design regi stration, examinations, applications for objection 
against unexamined design registration, trials or retr ials, and the design register shall not be carried 
out to the outside unless they fall under any of  the following subparagraphs: <Amended by Act 
No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009; Act No. 10012, Feb. 4, 2010> 1. Where documents relating to an application for design registration or examination are taken to the 
outside in order to investigate, etc. into a pr ior design pursuant to Article 25-2 (1) or (2); 
2. Where documents relating to an application for design registration, examination, application for 
objection against unexamined design registration, trial or  retrial, and the design register are carried out 
to the outside for the entrustment of affairs of digitizing design documents pursuant to Article 77-
2 (1);  3. Where documents relating to an application for design registration, examination, application for 
objection against unexamined design registration, trial or  retrial, and the design register are carried out 
to the outside for on-line remote performance of du ties pursuant to Article 32 (2) of the Electronic 
Government Act. 
 (2) A response shall not be given to a request for an expert opinion, testimony or an inquiry as to the contents of a pending application for design regist ration, examination, objection against unexamined 
design registration, trial or retrial or as to the cont ents of a trial decision or ruling. <Amended by Act 
No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 Article 77-2 (Agency for Affairs of Digitizing Design Documents)  (1) Where it is considered necessary to deal effectively with design-related procedures, the 
Commissioner of the Korean Intellectual Property Office may entrust any juridical person equipped 
with facilities and manpower prescribed by Ordinan ce of the Ministry of Knowledge Economy with 
affairs of digitizing documents relating to design re gistration applications, ex aminations, applications 
for objection against unexamined design registration, tria ls or retrials or the design register through an 
electronic information processing system and the te chnology of utilizing the electronic information 
processing system, or any affairs similar thereto (herei nafter referred to as "affairs of digitizing design 
documents").  
 (2) Any executives or employees of the person who has been entrusted with the affairs of digitizing 
design documents pursuant to paragraph (1) (hereina fter referred to as "agency for digitizing design IP/N/1/KOR/D/3 
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  documents") shall not divulge secrets on a design or appropriate a design contained in a pending 
application to which he/she had access during the course of his/her duties.   (3) The Commissioner of the Korean Intellectual Pr operty Office may, pursuant to paragraph (1), 
digitize written applications for a design registrati on or other documents prescribed by Ordinance of 
the Ministry of Knowledge Economy, which are not submitted in electronic documents prescribed in 
Article 4-28 (1), and may record them in a file of an electronic information processing system operated by the Korean Intellectual Property O ffice or the Intellectual Property Tribunal.  
 (4) The contents written in a file under paragraph (3 ) shall be deemed to be same as those entered in 
the relevant documents.  
 (5) Methods of carrying out affairs of digitiz ing design documents and other matters necessary 
therefor shall be determined by Ordinan ce of the Ministry of Knowledge Economy.  
 
(6) Where any agency for digitizing design documen ts which falls short of the standards for the 
facilities and manpower prescribed by Ordinance of the Ministry of Knowledge Economy under 
paragraph (1) fails to take corr ective measures therefor requested by the Commissioner of the Korean 
Intellectual Property Office, the latter may cancel th e entrustment of the affairs of digitizing design 
documents to the said agency. In such cases, he/she sh all, in advance, give th e agency an opportunity 
to present its opinion thereabout.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 77-3 (Delivery of Documents)  Necessary matters related to the procedure for deli vering documents prescribed in this Act shall be 
provided for by Presidential Decree.  
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 77-4 (Delivery by Public Notification)  (1) Where delivery of documents cannot be made because the domicile or place of business of a 
person to be served is unclear, delivery sh all be made by public notification.  
 (2) Delivery by public notification shall be implemen ted by publishing a notice in the Design Gazette 
to the effect that the documents to be served will be  delivered at any time to the person to be served.  
 
(3) The initial delivery by public notification shall co me into force after two weeks elapse from the 
date it is published in the Design Gazette: Provided, That a subsequent delivery by public notification 
on the same party shall come into force from the da te following the date of publishing it in the Design 
Gazette.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   
Article 77-5 (Delivery to Overseas Residents) 
 (1) For an overseas resident having a design administ rator, documents to be served to him/her shall be 
served to his/her design administrator.   
(2) For an overseas resident without a design administ rator, documents to be served to him/her may be 
sent to him/her by registered airmail.   IP/N/1/KOR/D/3 
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  (3) When documents have been sent by registered airmail under paragraph (2),  such documents shall 
be deemed to have been delivered on the mailing date.  [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 78 (Design Gazette) 
 
(1) The Korean Intellectual Property Office sha ll publish the Design Gazette. <Amended by Act 
No. 7289, Dec. 31, 2004; Act No. 8187, Jan. 3, 2007; Act No. 9764, Jun. 9, 2009>  (2) The Design Gazette may be published through el ectronic media as prescribed by Ordinance of the 
Ministry of Knowledge Economy. <Newly Inserted by Act No. 5329, Apr. 10, 1997; Act No. 6413, 
Feb. 3, 2001; Act No. 7289, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008>  (3) When the Design Gazette is pub lished through electronic media, the Commissioner of the Korean 
Intellectual Property Office shall make public the fact of publication of the Design Gazette, its 
principal contents and delivery by public notifi cation through information and communications 
networks. <Newly Inserted by Act No. 5329, Ap r. 10, 1997; Act No. 6413, Feb. 3, 2001; Act 
No. 7289, Dec. 31, 2004>  (4) Matters to be published in the Design Gazette  under paragraph (1) shall be determined by 
Presidential Decree. <Amended by Act No. 7289, Dec. 31, 2004> 
 
Article 78-2 (Submission, etc. of Documents)  The Commissioner of the Korean Intellectual Prope rty Office or an examiner may require a party 
concerned to submit documents and articles necessary for dealing with proceedings, other than those 
relating to a trial or retrial. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]   Article 79 (Indication of Design Registration)  The owner of a design right or an exclusive or  non-exclusive licensee may indicate the design 
registration on the articles to which the registered desi gn is applied, or vessels, packing, etc. of such 
articles. <Amended by Act No. 7289, Dec. 31, 2004>  Article 80 (Prohibition of False Indication)  
No person shall perform the following acts: <Amended by Act No. 7289, Dec. 31, 2004> 
 1. An act of indicating design registration or application for design registration or making an 
indication to be confused easily with it on the ar ticles whose designs are not registered, or whose 
design registration is not applied, or on the vessels or packing of such articles; 2. An act of transferring, lending or displaying th ose as indicated as referred to in subparagraph 1;  
3. An act of indicating articles whose designs are not registered or whose design registration is not 
applied, in an advertisement, sign-board or tag as if  the design registration or application for design 
registration were made, or making an indication to  be confused easily with it, for the purpose of 
producing, using, transferring or lending them.  
Article 81 (Restriction on Appeal) 
 (1) No appeal may be filed under other Acts agains t a ruling to dismiss an amendment, a decision to 
grant or reject a design registration, a decision to cancel a design registration, a trial decision, or a IP/N/1/KOR/D/3 
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  decision to reject a request for a trial or retria l under this Act, and no obj ection may be raised under 
other Acts against any disposition against wh ich no appeal may be filed under this Act. 
 (2) Any objection against a disposition, other than that  referred to in paragraph (1), shall be governed 
by the Administrative Appeals Act or the Administrative Litigation Act.  
[This Article Wholly Amended by Act No. 9764, Jun. 9, 2009]  
 CHAPTER X PENAL PROVISIONS  Article 82 (Offense of Infringement) 
 
(1) Any person who infringes a design right or an exclusive license shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won. <Amended 
by Act No. 5354, Aug. 22, 1997; Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  
(2) The offense under paragraph (1) shall be initiated upon filing of a complaint by an injured party. 
 Article 83 (Offense of Perjury)  (1) Where any witness, expert witness or interpre ter who took an oath under this Act makes a false 
statement, or gives a false expert opinion or in terprets falsely before the Intellectual Property 
Tribunal, he/she shall be punished by imprisonment for not more than five years or by a fine not 
exceeding 10 million won. <Amended by Act No. 4894, Jan. 5, 1995; Act No. 6413, Feb. 3, 2001> 
 (2) Where a person who has committ ed an offense as referred to in paragraph (1), surrenders 
himself/herself to justice before the decision to grant or reject a design registration, decision on 
objection against unexamined design registration, or trial decision on the case becomes final and 
binding, the sentence may be reduced or exempted . <Amended by Act No. 5354, Aug. 22, 1997; Act 
No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>  Article 84 (Offense of False Indication)  
Any person who violates the provisions of Article 80  shall be punished by imprisonment for not more 
than three years or by a fine not exceeding 20 million won.  Article 85 (Offense of Fraud)  
Any person who has obtained a design registration or a trial decision by means of a fraudulent or any 
other unjust act, shall be punished by imprisonment fo r not more than three years or by a fine not 
exceeding 20 million won. <Amended by Act No. 6413, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
 Article 86 (Offense of Divulging Secrets, etc.)  
Where any present or former employee of the Korean  Intellectual Property Office or the Intellectual 
Property Tribunal has divulged or appropriated secre ts relating to a design contained in a pending 
application, or requested to be kept secret unde r Article 13 (1) to which he/she had access during the 
course of his/her duties, he/she shall be punished by imprisonment for not more than five years, or by 
a fine not exceeding fifty million won. <Amended by Act No. 4894, Jan. 5, 1995; Act No. 7289, 
Dec. 31, 2004; Act No. 9764, Jun. 9, 2009>  
[This Article Wholly Amended by Act No. 4595, Dec. 10, 1993]  IP/N/1/KOR/D/3 
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  Article 86-2 (Officers and Employees of Specialized Organization, etc. Deemed to be Public 
Officials)  Any person who is or was an executive or an employee of any specialized organization under 
Article 25-2 (1) or any agency for digitizing design documents under Article 77-2 shall be deemed to 
be one who is or was an employee of the Korean Intellectual Property Office for purposes of applying 
Article 86. [This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  Article 87 (Dual Liability) 
 
Where a representative director of a juridical pe rson or a representative, employee, or any other 
servant of a juridical person or natural person co mmits an act in violation of any provision of 
Article 82 (1), 84, or 85 in connection with the business of the juridical person or natural person, the 
juridical person, in addition to the offender, shall be sentenced to a fine which falls under any of the 
following subparagraphs and the natural person sha ll be sentenced to a fine provided for in the 
relevant Article: Provided, That if the said juridical  person or natural person has not been negligent in 
giving due attention and supervis ion over the relevant business in order to prevent such act of 
violation, this shall not apply:  1. In the case of Article 82 (1): A fine not exceeding 300 million won; 
2. In the case of Article 84 or 85: A fine not exceeding 60 million won. 
[This Article Wholly Amended by Act No. 9223, Dec. 26, 2008]  Article 87-2 (Confiscation, etc.)  
(1) Any article that is the subject of an infringing act falling under Article 82 (1),  or any article arising 
out of such act, shall be confiscated, or, upon the re quest of the injured party, a judgment shall be 
rendered to the effect that such article sh all be delivered to the injured party.  
 (2) Where an article is delivered  to the injured party under paragraph (1), that person may claim 
compensation for damages in excess of the value of the article. 
[This Article Newly Inserted by Act No. 9764, Jun. 9, 2009]  
 Article 88 (Fines for Negligence)  (1) Any person who falls under any of the following subparagraphs shall be punished by a fine for 
negligence not exceeding five hundred thousand won:  <Amended by Act No. 4894, Jan. 5, 1995; Act 
No. 6626, Jan. 26, 2002; Act No. 8187, Jan. 3, 2007>  1. Any person who took an oath under Articles 299 (2) and 367 of the Civil Procedure Act, and makes 
a false statement before the Intellectual Property Tribunal; 2. Any person who has been ordered by the In tellectual Property Tribunal to submit or present 
documents or other articles in relation to taking or  preservation of evidence, but fails to comply with 
the order without justifiable causes; 3. Deleted; <by Act No. 7289, Dec. 31, 2004> 4. Any person with a subpoena of the Intellectua l Property Tribunal to appear as a witness, expert 
witness or interpreter fails to comp ly with the summon, or refuses to make an oath or statement, or 
give a testimony or expert opinion or interpret, without justifiable causes. 
 (2) The fine for negligence referred to in paragr aph (1) shall be imposed and collected by the 
Commissioner of the Korean Intellectual Property Office as prescribed by Presidential Decree.  IP/N/1/KOR/D/3 
 Page 61 
 
 
  (3) through (5) Deleted. <by Act No. 9764, Jun. 9, 2009> 
 Article 89 Deleted. <by Act No. 9764, Jun. 9, 2009>  ADDENDA 
 
Article 1 (Enforcement Date) This Act shall enter into force on September 1, 1990.  Article 2 (General Transitional Measures) 
Except as otherwise provided for in Articles 3 through 7 of the Addenda, this Act shall also apply to 
matters that have taken place before this Act enters into force: Provided, That this Act shall have no 
influence on any effect produced pursuant to the previous provisions.  Article 3 (Transitional Measures concerning Applications, etc.) 
Any appellate trial on dissatisfaction with an examin ation of an application for design registration and 
a rejection ruling made before this Act enters into force shall be subject to the previous provisions. 
 Article 4 (Transitional Measures con cerning Trial, etc. on Register ed Design Right of Which is 
Established) Any trial, appellate trial, retrial and lawsuit on a registered design of which the right is established on 
the base of an application for design registration filed before this Act enters into force shall be subject 
to the previous provisions.  Article 5 (Transitional Measures concerning Dismissal of Amendments) Any amendment made before this Act enters into fo rce shall be subject to the previous provisions. 
 
Article 6 (Transitional Measures concerning Expropriation, etc. of Design Right) Any disposition or lawsuit pertaining to a restric tion, expropriation, revlocation or working of a 
design right requested before this Act enters into force shall be subject to the previous provisions. 
 Article 7 (Transitional Measures concerning Procedure and Expenses of Trial and Compensation for 
Damages, etc.) 
Any procedure, expenses, compensation for damages, etc. as to a trial, appellate trial, retrial and 
lawsuit requested before this Act enters into fo rce shall be subject to the previous provisions. 
 ADDENDA <Act No. 4541, Mar. 6, 1993> 
 
Article 1 (Enforcement Date) This Act shall enter into force on the date  of its promulgation. (Proviso Omitted.) 
 Articles 2 through 5 Omitted.  
ADDENDA <Act No. 4595, Dec. 10, 1993> 
 (1) (Enforcement Date) This Act shall enter into force on January 1, 1994. 
 (2) (Transitional Measures concerning Term of Design Right) Notwithstanding the amended 
provisions of Article 40 (1), the term of a desi gn right established, or to be established by an 
application for registration of design, before this Act enters into force, shall be governed by the 
previous provisions.  IP/N/1/KOR/D/3 
Page 62  
  
  (3) (Transitional Measures concerning Period for Return  of Design Registration Fees, etc.) The return 
of design registration fees and other fees paid by mist ake before this Act enters into force shall be 
governed by the previous provisions.  (4) (Applicability concerning Return of Design Registration Fees) The revised provisions of 
Article 36 (1) 2 concerning the return of design regist ration fees due to a final decision on nullity of a 
design registration shall apply to those the nullity of  which is decided conclusively after this Act 
enters into force.  ADDENDA <Act No. 4894, Jan. 5, 1995> 
 
Article 1 (Enforcement Date) This Act shall enter into  force on March 1, 1998. 
 Article 2 (Transitional Measures on Cases Pending) 
 
(1) Any case for which a request for trial has been  filed or a case pending for which a request for 
appellate trial against a ruling of rejection or a decision to dismiss an amendment before this Act 
enters into force shall be deemed to have been br ought before the Patent Tribunal and to have been 
pending therein.   
(2) Any case for which a request for appellate trial against a trial decision has been filed or a case 
pending for which a request for immediate appeal ag ainst a decision to dismiss a written request for 
trial prior to the entry into force of this Act sha ll be deemed to have been brought before the Patent 
Court under this Act and to have been pending therein.   
Article 3 (Transitional Measures on Cases, etc. against Which Appeal may be Filed) 
 (1) A court action may be brought against a case on which a trial decision, a decision to dismiss a 
request for trial, a ruling of rejection, or a decisi on to dismiss an amendment by an examiner at the 
time this Act enters into force, and against which an  appeal has not been filed with the Patent Tribunal 
under the previous provisions within 30 days from th e enforcement date of this Act; a court action as 
referred to in Article 186 (1) of the Patent Act app lied mutatis mutandis pursuant to Article 75 of this 
Act may be brought against a trial decision and a deci sion to dismiss a request for trial; and a trial as 
referred to in Article 132-3 or 132-4 of the Patent Act applied mutatis mutandis pursuant to Article 72 
of this Act may be requested against a ruling of re jection, or a decision to dismiss an amendment by 
an examiner: Provided, That this shall not apply wh ere any period for requesting a retrial has expired 
under the previous provisions at the time this Act enters into force. 
 (2) Any appeal may be filed, within 30 days from the enforcement date of this Act, against a case on 
which a trial decision of an appellate trial, a deci sion to dismiss a request for appellate trial and a 
decision to dismiss an amendment by  an appellate administrative pate nt judge at the time this Act 
enters into force has been served with the Suprem e court: Provided, That this shall not apply where 
any period for requesting a retrial has expired under th e previous provisions at the time this Act enters 
into force.  (3) Any case against which an app eal has been filed with the Supreme Court and which is pending 
therein prior to the enforcement of this Act a nd any case against which an appeal has been filed 
pursuant to paragraph (2) shall be deemed to have  been pending or to have been filed with the 
Supreme Court by this Act.  IP/N/1/KOR/D/3 
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  Article 4 (Transitional Measures on Cases of Retrial) 
 The provisions of Articles 2 and 3 of the Addenda shall apply mutatis mutandis to any case of retrial 
pending.  
Article 5 (Transfer, etc. of Documents) 
 (1) The Commissioner of the Korean Intellectual Property Office shall transfer documents on cases 
which are pending as prescribed in Article 2 (1) of the Addenda (including th ose as applicable mutatis 
mutandis under Article 4 of the Addenda) without de lay to the Director of the Intellectual Property 
Tribunal. 
 (2) The Commissioner of the Korean Intellectual Property Office shall transfer documents on any case which is pending as prescribed in Article 2 (2) of th e Addenda (including those as applicable mutatis 
mutandis under Article 4 of the Addenda) without de lay to the Chief Judge of the Patent Court. In 
such cases, matters necessary for the transfer, etc. of documents shall be determined by the Supreme 
Court Regulations.   ADDENDA <Act No. 5082, Dec. 29, 1995>  (1) (Enforcement Date) This Act shall enter into force on July 1, 1996. 
 
(2) (Transitional Measures concerning Procedure and Expenses for Trial, and Compensation for 
Damage, etc.) The procedure, expenses, compensation fo r damages, etc. related to the trial, appellate 
trial, review and law-suit requested against any act committed before this Act enters into force, shall 
be governed by the previous provisions. 
 
ADDENDA <Act No. 5329, Apr. 10, 1997>  Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1997. (Proviso Omitted.) 
 Articles 2 through 5 Omitted. 
 
ADDENDA <Act No. 5354, Aug. 22, 1997>  Article 1 (Enforcement Date) This Act shall enter into force on March 1, 1998.  
 
Article 2 (Transitional Measures as to Applications for Registration, etc.)  An examination or ruling of rejection in respect of an application for registration of design filed 
before the enforcement of this Act shall be governed by the previous provisions. 
 Article 3 (Transitional Measures as to Trials on Registered Designs)  
Trials, retrials, and court actions in respect of re gistered designs on which rights are established in 
accordance with applications for registration of desi gn before the enforcement of this Act shall be 
governed by the previous provisions.  Article 4 (Transitional Measures as to Dismissal of Amendments) 
The previous provisions shall not apply to amendmen ts made before this Act enters into force. 
 Article 5 (Applicability concerning Allowan ce of Exceptions to Loss of Novelty)  
The amended provisions of Article 8 (1) and (2) sh all apply to applications for design registration 
filed on or after the date this Act enters into force. IP/N/1/KOR/D/3 
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Article 6 (Applicability concerning Extension of Terms of Design Rights)  The amended provisions of Article 40 (1) shall apply to design rights registered by applications for 
design registration filed on or after th e date this Act enters into force. 
 
Article 7 (Applicability concerning Relationship with Third Persons' Design Rights, etc.)  
The amended provisions of Article 45 (2) shall a pply to owners of design rights registered by 
applications for design registration filed on or after the date this Act enters into force, or to exclusive 
licensees thereto.  
ADDENDA <Act No. 5576, Sep. 23, 1998>  
 Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1999. (Proviso Omitted.)  
Articles 2 through 5 Omitted. 
 ADDENDA <Act No. 6024, Sep. 7, 1999>   Article 1 (Enforcement Date) This Act shall enter into force on October 1, 2000. (Proviso Omitted.) 
 
Articles 2 through 13 Omitted.  ADDENDA <Act No. 6413, Feb. 3, 2001>   
(1) (Enforcement Date) This Act shall enter into fo rce on July 1, 2001: Provided, That the amended 
provisions of Article 36 (2) and (3) shall enter into force on the date of its promulgation. 
 (2) (General Transitional Measures) The previous  provisions shall apply to the requirements for 
registration, division, modification, examination, design registration, design right, objection to an 
unexamined design registration, trial, retrial, or  litigation related to an application for a design 
registration which is submitted at the time this Act enters into force: Provided, That this shall not 
apply to a case falling under any of the following subparagraphs:  1. The amended provisions of Article 31-2 shall apply to a case where each design in an application for multiple design registration is abandoned; 
2. The amended provisions of Article 33-2 shall a pply to a case where an application for design 
registration or design right is deemed to have exis ted retroactively by late payment of registration 
fees;  3.  The proviso of Article 140-2 (1) and Article 140- 2 (3) of the Patent Act applied mutatis mutandis 
under the amended provisions of Artic le 72 shall apply to a case where a trial against a ruling to reject 
a design registration is requested. 
 
ADDENDA <Act No. 6626, Jan. 26, 2002>  Article 1 (Enforcement Date) This Act shall enter into  force on July 1, 2002. 
 
Articles 2 through 7 Omitted.  IP/N/1/KOR/D/3 
 Page 65 
 
 
  ADDENDA <Act No. 6767, Dec. 11, 2002> 
 (1) (Enforcement Date) This Act shall enter into for ce five months after the date of its promulgation. 
 (2) (Applicability concerning Handling of Appeals against Unexamined Design Registrations) The 
amended provisions of Article 30 (2) shall apply to  appeals against unexamined design registrations 
filed on or after the enforcement date of this Act.  ADDENDA <Act No. 7289, Dec. 31, 2004>  
Article 1 (Enforcement Date) 
This Act shall enter into force six mont hs after the date of its promulgation. 
 Article 2 (Transitional Measures concerning Applications, etc.) The qualifications for registration, modification, exam ination, trial, retrial of application, and legal 
proceedings concerning an application for design regi stration made before the enforcement of this Act 
shall be governed by the previous provisions.  Article 3(Transitional Measures concerning Trials, etc. of Registered Design) Any appeal against unexamined design registration, tr ial, retrial and litigation concerning a registered 
design over which right is established pursuant to an  application for design registration filed before 
the enforcement of this Act shall be  governed by the previous provisions. 
 Article 4 (Transitional Measures concerning Change of Name such as Registered Design, etc.) A registered design or application for design regist ration pursuant to the previous provisions at the 
time this Act enters into force shall be deemed a registered design or application for design 
registration pursuant to the am ended provisions of this Act. 
 Article 5 Omitted.  ADDENDUM <Act No. 7556, May 31, 2005>   
This Act shall enter into force on September 1, 2005. 
  ADDENDA <Act No. 7869, Mar. 3, 2006>   
Article 1 (Enforcement Date) 
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) 
 Articles 2 through 6 Omitted.  ADDENDA <Act No. 8187, Jan. 3, 2007> 
 
Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions 
of the latter part of Article 4, Articles 13 (2), 16 (3), 18 (3) through (6), 23-6, 26 (2), 29-5 through 29-
9, 30 (2), 36 (1) 3, (2) and (3), 50-2, latter part of 72 and latter part of 81 shall enter into force on 
July 1, 2007.  
 Article 2 (Applicability concerning Secret Designs)  The amended provisions of Article 13 (2) shall apply to applications for design registration filed on or 
after July 1, 2007. IP/N/1/KOR/D/3 
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Article 3 (Applicability concerning Prior Applications, etc.)   (1) The amended provisions of Article 16 (3) shall apply to applications for design registration filed 
on or after July 1, 2007 but abandoned, or for which d ecisions of rejection or trial decisions to reject 
such are concluded. 
 (2) The amended provisions of Article 23-6 shall a pply to applications for design registration filed on 
or after July 1, 2007 for which decisions of rejecti on or trial decisions to reject such are concluded. 
 
Article 4 (Applicability concerning Amendments to Applications) 
The amended provisions of Article 18 (3) shall apply to independent applications for design 
registration amended on or after July 1, 2007.  Article 5 (Applicability concerning Decisions to Reject Design Registration) 
The amended provisions of Article 26 (2) shall apply to applications for unexamined design 
registration filed on or after July 1, 2007.  Article 6 (Applicability concerning Refund of Registration Fees, etc.)  The part regarding application fees for desi gn registration under the amended provisions of 
Article 36 (1) 3, (2) and (3) shall apply to appli cations for design registration filed on or after 
July 1, 2007. 
 Article 7 (Applicability concerning Non-exclus ive License following Prior Application)  
The amended provisions of Article 50-2 shall apply to applications for design registration filed on or 
after July 1, 2007 and meeting the requireme nts of the aforementioned amended provisions. 
 
Article 8 (Applicability concerning Rem uneration for Patent Attorneys)  
The amended provisions of Article 75 shall apply to cases in which patent attorneys stand proxy on or 
after the date when this Act enters into force.  Article 9 (Transitional Measures concerning Refund of Registration Fees, etc.)  
Notwithstanding the amended provisions of Artic le 36 (2) and (3), the former provisions of 
Article 36 (3) shall apply to requests for refund of amounts corresponding to registration fees under Article 36 (1) 2 where decisions to cancel design re gistration or trial decisions to invalidate design 
registration become final and binding before July 1, 2007.  
ADDENDA <Act No. 8357, Apr. 11, 2007> 
 Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) 
 Articles 2 through 7 Omitted. 
 
ADDENDA <Act No. 8456, May 17, 2007>  (1) (Enforcement Date) This Act shall enter into for ce six months after the date of its promulgation. 
 
(2) (Applicability concerning Refund of Regist ration Fees, etc.) The amended provisions of 
Article 36 (3) shall also apply to the registration fee and fee for which the period of request for refund 
pursuant to the former provisions has not passed at  the time when this Act enters into force. 
 IP/N/1/KOR/D/3 
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  ADDENDA <Act No. 8852, Feb. 29, 2008> 
 Article 1 (Enforcement Date) This Act shall enter into force on the date  of its promulgation. (Proviso Omitted.) 
 
Articles 2 through 7 Omitted. 
 ADDENDUM <Act No. 9223, Dec. 26, 2008>  This Act shall enter into force on the date of its promulgation.  
 
ADDENDA <Act No. 9381, Jan. 30, 2009>  Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2009. (Proviso Omitted.) 
 
Articles 2 through 11 Omitted.  ADDENDA<Act No. 9764, Jun. 9, 2009>  Article 1 (Enforcement Date) 
This Act shall enter into force on July 1, 2009.  
 Article 2 (Applicability concerning Payment, Late  Payment and Remainder Payment of Design 
Registration Fees)  The amended provisions of Articles 31, 33, 33-2 and 33-3 shall apply to payment, late payment or 
remainder payment of registration fees on or afte r the date this Act enters into force.  
 Article 3 (Applicability concerning Amendm ents to Written Requests for Trial)  
The amended provisions of Articles 72-2 (2) and 72-3 (2) shall apply to requests for a trial on or after 
the date this Act enters into force.  
Article 4 (General Transitional Measures) 
With respect to any application for a design registra tion that has been filed pursuant to the previous 
provisions before this Act enters into for ce, the previous provisions shall apply. 
 ADDENDA <Act No. 10012, Feb. 4, 2010> 
 
Article 1 (Enforcement Date) This Act shall enter into force three months afte r the date of its promulgation. (Proviso Omitted.) 
 Articles 2 through 6 Omitted.   
  IP/N/1/KOR/D/3 
 Page 69 
 
 
   
ENFORCEMENT DECREE 
OF THE DESIGN PROTECTION ACT 
 
 
 
 Article 1 (Purpose) The purpose of this Decree is to provide for matters delegated by the Design Protection Act and 
matters necessary for the implementation thereof. 
 
Article 2 (Notification of Applications Not Laid Open) When the Commissioner of the Korean Intellectual Property Office does not lay open applications for 
design registration under the proviso to Article 23- 2 (2) of the Design Protection Act (hereinafter 
referred to as the "Act"), he/she shall notify app licants for design registration of the purposes of and 
reasons for not laying open such applications.  
 Article 3 (Criteria for Designation of Specialized Organizations)  
 (1) The Commissioner of the Korean Intellectual Property Office may designate juridical persons 
which meet each of the following requirements u nder Article 25-2 (1) of the Act as specialized 
organizations (hereinafter referred to as "specialized  organizations") under Article 25-2 (1) of the Act:  
 1. Organizations with equipment necessary for sear ching prior designs, classifying design articles, or 
arranging and collecting materials for design examination; 2. Organizations with human resources and teams ex clusively responsible for searching prior designs, 
classifying design articles, or arranging and collecting materials for design examination;  
3. Organizations without executives and employees w ho concurrently perform duties referred to in 
Article 2 of the Patent Attorney Act in other organizations; 4. Organizations with security systems for fac ilities or equipment, and executives and employees 
performing duties of searching prior designs, classi fying design articles, or arranging and collecting 
materials for design examination.  
 
(2) When specialized organizations designated under paragraph (1) perform duties other than 
searching prior designs, classifying design articles or arranging and collecting materials for design examination, they shall ensure that the perfo rmance of such duties does not cause unfairness in 
searching prior designs, classifying design articles, or  arranging and collecting materials for design 
examination.  
 (3) Anyone who intends to be designated as a specialized organization shall submit a written 
application for designation as a specialized organizati on, along with documents proving the fact that 
he/she satisfies the requirements of each subparagra ph of paragraph (1) to the Commissioner of the 
Korean Intellectual Property Office.  
 
(4) Detailed criteria for securing equipment, human  resources and teams referred to in each 
subparagraph of paragraph (1), c oncrete standards for security systems and matters necessary for the 
operation of specialized organizations  shall be determined and publicized by the Commissioner of the 
Korean Intellectual Property Office.  
 
Article 4 (Commissioning, etc. of Search of Prior Designs)   (1) The Commissioner of the Korean Intellect ual Property Office may commission specialized 
organizations to perform each of the follow ing duties under Article 25-2 (1) of the Act:  IP/N/1/KOR/D/3 
Page 70  
  
   
1. When searching prior designs or classifying design articles is deemed necessary for applications for 
design registration: Duties of searching prio r designs or classifying design articles; 
2. When it is deemed necessary for examiners to  efficiently examine applications for design 
registration: Duties of arranging and collecting materials for design examination.  
 
(2) When the heads of specialized organizations  are commissioned by the Commissioner of the 
Korean Intellectual Property Office to search prior designs, classify design articles, or arrange and 
collect material for design examination under paragra ph (1), they shall notify the Commissioner of the 
Korean Intellectual Property Office of the results of the search of prior designs, classification of 
design articles or arrangement and collection of ma terials for design examination, without delay.  
 (3) When the Commissioner of the Korean Intellect ual Property Office deems that notification of the 
results referred to in paragraph (2) only is not sufficient to understand prior designs, classification of 
design articles or arrangement and collection of mate rials for design examination with regard to the 
relevant application for design regi stration, he/she may determine the scope of search, etc., and then 
re-commission the heads of such specialized orga nizations to search prior designs, classify design 
articles or arrange and collect materials for design examination.   (4) When tasks are re-commissioned under paragraph (3 ), the provisions of paragraph (2) shall apply 
mutatis mutandis. 
 
Article 5 (Objects of Ac celerated Examination) 
"Design registration application which is prescribed  by Presidential Decree" in subparagraph 2 of 
Article 25-4 of the Act means an application for design registration determined by the Commissioner 
of the Korean Intellectual Property Office, which falls under any of the following subparagraphs:  
 
1. Applications for design registration in the field of defense industry;  2. Applications for design registration directly re lated to green technology (referring to technology to 
minimize emission of green-house gases or pollutants by saving energy and resources and efficiently utilizing them technology to reduce greenhouse gases, t echnology to raise efficiency in using energy, 
clean production technology, clean energy technol ogy, technology for resources circulation and 
environmentally friendly technology (incl uding related convergence technology)); 
3. Applications for design registration dir ectly related to the promotion of exports; 
4. Applications for design registration related to the duties of the State or local governments 
(including applications for design registration with regard to the duties of national or public schools 
under the Higher Education Act, which are filed by the teams exclusively responsible for technology 
transfer and commercialization that have been established in national or public schools under 
Article 11 (1) of the Technology Transf er and Commercialization Promotion Act); 
5. Applications for design registration by corpor ations which have been  confirmed as venture 
businesses under Article 25 of the Act on Special Measures for the Promotion of Venture Businesses; 6. Applications for design registration by corpora tions selected as technical  renovation-oriented small 
and medium enterprises under Article 15 of th e Technical Renovation of Small and Medium 
Enterprises Act; 
7. Applications for design registration with regard  to the outcomes of quality certification projects or 
projects for supporting development of new technology by the State; 8. Applications for design registration that woul d be the basis of a priority claim under a treaty 
(limited to cases where a design-related procedure is under way in a foreign intellectual property 
office by claiming a right of priority based on the relevant application for design registration); 
9. In cases where an applicant for design registrati on has been working or is preparing to work a 
design for which design registration has been applied;  10. Applications for design registration directly related to electronic commerce; IP/N/1/KOR/D/3 
 Page 71 
 
 
  11. Applications for design registration for wh ich the Commissioner of the Korean Intellectual 
Property Office has agreed with the head of a foreign intellectual property office to make an 
accelerated examination; 12. In cases where a person who intends to appl y for accelerated examination commissions a 
specialized organization to search prior designs with  regard to the design for which design registration 
has been applied and requests such specialized orga nization to notify the Commissioner of the Korean 
Intellectual Property Office of the results thereof, the relevant application for design registration.  
 Article 6 (Decisions on Accelerated Examination)   
(1) Anyone who intends to apply for accelerated ex amination shall submit a written application for 
accelerated examination determined by Ordinance of the Ministry of Knowledge Economy to the 
Commissioner of the Korean Intellectual Property Office.   (2) The Commissioner of the Korean Intellectual Pr operty Office shall decide on whether to conduct 
an accelerated examination when an application for accelerated examination has been filed under 
paragraph (1).   (3) Matters necessary for deciding on whether to conduct an accelerated examination under 
paragraph (2) shall be determined  and publicized by the Commissioner of the Korean Intellectual 
Property Office.  
 
Article 7 (Eligibility Requirements for Ex aminers and Administrative Judges)  
 (1) Persons who are eligible to serve as examiners sh all be State public officials equivalent to Grade V 
or higher in general service, belonging to the Kor ean Intellectual Property O ffice or its affiliate 
organizations, or public officials in general service  belonging to the Senior Civil Service, and shall 
have completed training courses for examiners determ ined by the International Intellectual Property 
Training Institute.   (2) Persons who are eligible to serve as administra tive judges shall be persons falling under any of the 
following subparagraphs, from among State pub lic officials equivalent to Grade Ⅳ or higher in 
general service, belonging to the Korean Intellectua l Property Office or its affiliate organizations, or 
public officials in general service belonging to the Senior Civil Service, and shall have completed 
training courses for administrative judges determin ed by the International Intellectual Property 
Training Institute:   
1. Persons who have worked as administrative judg es in the Korean Intellectual Property Office for 
not less than two years; 2. Persons who have worked as administrative judg es in the Korean Intellectual Property Office, and 
as State public officials equivalent to Grade Ⅴ or higher in general service or public officials in 
general service belonging to the Senior Civil Se rvice who perform judicial duties in the Korean 
Intellectual Property Tribunal, and whose total terms of office exceed two years.  
 (3) Persons who are certified patent attorneys as public officials of grades of examiners or administrative judges under paragraphs (1) and (2 ) (including public officials in general service 
belonging to the Senior Civil Service) may become examiners or administrative judges, 
notwithstanding the provisions of  paragraphs (1) and (2).  
 (4) Matters necessary for the training of examin ers and administrative judges under paragraphs (1) 
and (2) shall be determined by the Commissioner of the Korean Intellectual Property Office.  
 IP/N/1/KOR/D/3 
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  Article 8 (Delivery, etc. of Documents)  
 (1) Documents to be delivered under the Act shall be sent by registered ma il, except for cases where 
the relevant parties or their agents directly r eceive documents in the Korean Intellectual Property 
Office or the Korean Intellectual Property Trib unal or receive them via an information and 
communications network.  
 (2) When documents are delivered under paragraph (1), the Commissioner of the Korean Intellectual 
Property Office or the head of the Korean Intellect ual Property Tribunal shall keep the receipts or 
details thereof according to th e following classification:  
 
1. When the relevant parties or their agents dir ectly receive documents in the Korean Intellectual 
Property Office or the Korean Intellectual Property Tr ibunal: Receipts in which the date of receipt and 
the name of the recipient are stated; 2. When the relevant parties or their agen ts receive documents via an information and 
communications network: Details recorded in fi les for delivery of the electronic information 
processing system operated by the Korean Intellect ual Property Office or the Korean Intellectual 
Property Tribunal; 3. When documents are delivered by regi stered mail: Receipts of registered mail. 
 (3) Documents on trial decisions or decisions with  regard to an application for objection against 
unexamined design registration, award for the gran t of a non-exclusive license, and revocation of a 
design right shall be delivered by means of speci al delivery under Acts and subordinate statutes 
related to mails.   (4) When documents are delivered, except as otherw ise provided for by the Act or this Decree, 
certified copies of such documents shall be sent to the recipients, and, when a protocol has been 
prepared in lieu of submission of documents to be delivered, a certified copy or extract of such 
protocol shall be sent to the recipients.  (5) Documents to be delivered to minors, incompet ents or quasi-incompetents shall be delivered to 
their legal representatives. 
 
(6) When several persons jointly exercise authority of representation, documents shall be sent to one 
of them.  (7) Documents to be delivered to persons confined  in correctional facilities, such as prisons or 
detention centers, shall be delivered to the heads of the correctional facilities.  
 (8) Documents shall be delivered to places of domi cile or business offices of recipients: Provided, 
That when recipients report places (limited to places in the Republic of Korea), in which they intend 
to receive documents, to the Commissioner of the Ko rean Intellectual Property Office or the head of 
the Korean Intellectual Property Tribunal in advance,  documents shall be delivered to such places.  
 
(9) When recipients change places to which documents  are delivered, they shall report the fact to the 
Commissioner of the Korean Intellectual Property Office without delay.   (10) When it has become impossible to deliver documen ts to recipients due to the recipients' refusal to 
receive such documents without justifiable causes, such documents shall be deemed to have been 
delivered on the date such documents  were sent to the recipients.  
 (11) The service, etc. of documents, other than doc uments to be delivered under the Act, shall be 
made by the methods determined by the Commissi oner of the Korean Intellectual Property Office.  IP/N/1/KOR/D/3 
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Article 9 (Design Gazette)   (1) The Design Gazette referred to in Article 78 (1) of  the Act shall be classified into the Examined 
Design Registration Gazette, the Unexamined Design Registration Gazette and the Design Laid-Open 
Gazette.  
 (2) The Examined Design Registration Gazette shall include the following matters: Provided, That in 
the case of a secret design under Article 13 of the Act,  matters referred to in subparagraphs 7 through 
9 shall be inserted after the elapse of the period of confidentiality requested by the applicant for 
design registration: 
 1. Name and address of the owner of the design right (in cases of a corporation, its name and its place of business); 2. The fact that the registered design relates to a pa rt of an article (hereinafter referred to as "partial 
design") (limited to a partial design); 
3. Article which is the object of the design and the classification code thereof;  4. Name and address of the creator;  5. Application number and date of application;  
6. Date of an application that would be the basis of the priority claim (limited to a design registration 
applied for under Article 23 (1) of the Act);  
7. Registration number and date of registration; 
8. Drawings or photographs (including photographs of models or specimens);  
9. Points of the creation;  10. Explanation of the design;  11. Laying-open of the application and laying-open date (limited to a design registration for which an 
application has been laid open); 
12. Other matters that shall be included in the Examined Design Registration Gazette under the Act 
and this Decree or matters deemed necessary to be inserted therein by the Commissioner of the Korean Intellectual Property Office.  (3) The Unexamined Design Registration Gazette sh all include the following matters: Provided, That 
in cases of a secret design under Article 13 of the Act,  matters referred to in subparagraphs 7 through 
9 shall be inserted after the elapse of the period of confidentiality requested by the applicant for 
design registration:   1. Name and address of the owner of the design right (in cases of a corporation, its name and its place 
of business);  
2. The fact that the registered design is a partial design (limited to a partial design);  3. Article which is the object of the design and the classification code thereof;  4. Name and address of the creator;  5. Application number and date of application;  
6. Date of an application that would be the basis of the priority claim (limited to cases where a right of 
priority is claimed under Article 23 (1) of the Act,  and when publication of the application is made 
before documents proving a right of priority are submitted, the relevant details should be written); 
7. Registration number and date of registration;  8. Drawings or photographs (including  photographs of models or specimens); 
9. Points of the creation;  
10. Explanation of the design;  
11. Serial number of the design (limited to an  application for multiple design registration under 
Article 11-2 of the Act);  12. Laying-open of the application and laying-open date (limited to a design registration for which an 
application has been laid open); IP/N/1/KOR/D/3 
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  13. Other matters that shall be included in the Unexamined Design Registration Gazette under the Act 
and this Decree or matters deemed necessary to be inserted therein by the Commissioner of the Korean Intellectual Property Office.  (4) The Design Laid-Open Gazette shall include the fo llowing matters with regard to an application 
for design registration for which a request for th e laying open of the application is filed under 
Article 23-2 (2) of the Act, or a decision to reject  an application for design registration or a trial 
decision to the effect that an application for desi gn registration shall be rejected becomes final and 
binding under the main body of Article 23-6 of the Act:  
1. Name and address of the applicant for design registration (in cases of a corporation, its name and 
place of business); 2. The fact that the application for design registrati on is filed for a partial design (limited to a partial 
design); 3. Article which is the object of the design and the cl assification code thereof, and the fact that it is an 
application for examined design registrati on or for unexamined design registration; 
4. The fact that a decision to reject all the relevant applications for design registration or a trial decision to the effect that the relevant applications  for design registration shall be rejected has become 
final and binding on the ground that two or more applicants who have f iled an application for 
registration of the same or a similar design on the same date failed to or were unable to reach an agreement (applicable only when included under Article 23-6 of the Act);  
5. Name and address of the creator; 
6. Application number and date of application; 
7. Date of an application that would be the basis of the priority claim (limited to cases where a right of priority is claimed under Article 23 (1) of the Act,  and when publication of the application is made 
before documents proving a right of priority are submitted, the relevant details should be written); 
8. Indication of a basic design; 
9. Number and date of laying-open of the application;  10. Drawings or photographs (including  photographs of models or specimens); 
11. Points of the creation;  12. Explanation of the design;  13. Other matters related to the laying-open of an application for design registration, which are 
deemed necessary to be inserted in the Design Laid-Open Gazette by the Commissioner of the Korean 
Intellectual Property Office.  Article 10 (Criteria for Imposition of Fines for Negligence)   
(1) The criteria for imposition of fines for negligence  under Article 88 (1) of the Act are prescribed in 
the attached Table.   (2) The Commissioner of the Korean Intellectual Property Office may increase or reduce amounts of 
fines for negligence within the scope of 1/2 of such amounts by taking into account the degree, 
frequency, motives and outcomes of violations: Prov ided, That when he/she increases the amounts, 
they shall not exceed the maximum of fines fo r negligence under Article 88 (1) of the Act.  
 ADDENDUM   This Decree shall enter into force on July 1, 2009.  
 
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