WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/KOR/L/2 
10 October 2011 
 (11-4905) 
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 Act on the Layout-Designs of 
Semiconductor Integrated Circuits and of the Enfo rcement Decree of the Act on the Layout-Designs 
of Semiconductor Integrated Circuits, as notifie d 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 texte1 de la Loi  sur les schémas de configuration de circuits 
intégrés de semi-conducteurs et du Décret d'applicat ion 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 sobre los Esquemas de Trazado de 
Circuitos Integrados de Semiconductores y de su Decreto de aplicación, notificados por la República 
de Corea el 25 de octubre de 2010 de conformidad con el párrafo 2 del artíc ulo 63 del Acuerdo (véase 
el documento IP/N/1/KOR/2). 
                                                      
1 In English only/En anglais seu lement./En inglés solamente. IP/N/1/KOR/L/2 
Página 3 
 
 
ACT ON THE LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS 
 
  CHAPTER I GENERAL PROVISIONS 
Article 1 (Purpose) 
The purpose of this Act is to contribute to the sound development of the national economy through the 
promotion of industries and technologies relati ng to semiconductors by protecting the rights of 
persons who create a layout-design for a semiconductor integrated circuit and by encouraging the fair 
utilization of such a layout-design. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 Article 2 (Definitions) The definitions of terms used in  this Act shall be as follows: 
 
1. The term "semiconductor integrated circuit" mean s a semi-finished or finished product that has 
been manufactured to function as an electronic ci rcuit through a process of  integrating circuit 
elements, including one or more active elements, and wires connecting such elements onto the surface of any semiconductor or insulating material, or into  semiconductor material, in an inseparable form; 
2. The term "layout-design" means a design of la ying out various circuit elements and wires 
connecting such elements in two or three dimens ions for manufacturing a semiconductor integrated 
circuit; 
3. The term "creation" means a person's activiti es of making a unique layout-design as a result of the 
person's intellectual efforts. In such cases, activities of making a layout-design shall be deemed to be 
creation, if the layout-design as a whole is unique, although it is composed of a combination of elements of an ordinary layout-design;  
4. The term "using" means any of the following activities: 
(a) Reproduction of a layout-design; (b) Manufacturing of a semiconductor integrated circuit based on a layout-design;  (c) Assigning, leasing, displaying (limited to cases for the purpose of assigning or leasing), or importing of a layout-design, a semiconductor integrated circuit manufactured according to a layout-design, or a product manufactured by using a semiconduc tor integrated circuit (hereinafter referred to 
as "semiconductor integrated circuit or similar product");  
5. The term "layout-design right" means rights creat ed when the establishment of a layout-design is 
registered with the Commissioner of the Kor ean Intellectual Property Office pursuant to 
Article 21 (1). [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 3 (Layout-Designs of Foreigners, etc.)  (1) Any layout-design of a foreigner or a foreign co rporation is protected by this Act and treaties 
which the Republic of Korea has acceded to or signed.  
(2) Even if a layout-design of a foreigner or a fore ign corporation from a foreign country is entitled to 
protection under paragraph (1), if the foreign country fails to provide layout-designs from the 
Republic of Korea with the protection equivalent to  that under this Act, the Commissioner of the 
Korean Intellectual Property Office may place limitations accordingly on the protection of the layout-design from the foreign county under this Act or tr eaties which the Republic of  Korea has acceded to 
or signed. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  IP/N/1/KOR/L/2 
Página 4  
 
Article 4 (Layout-Design Administrator for Overseas Residents)  (1) No person who has no domicile or place of business in the Republic of Korea (hereinafter referred 
to as "overseas resident") may take any proceedin g for a layout-design nor file a lawsuit against a 
disposition made by an administrative agency pursuan t to this Act or an order under this Act, unless 
the overseas resident is represented by a person who ac ts on the overseas resident's behalf with regard 
to the layout-design and who has a domicile or a place of business in the Republic of Korea (hereinafter referred to as "layout-design administra tor"), except where the ove rseas resident files an 
application for registration under paragraph (3) or where the overseas resident (where the overseas 
resident is a juristic person, the representativ e thereof) sojourns in the Republic of Korea. 
 
(2) A layout-design administrator shall act on behalf of a principal overseas resident in all proceedings 
related to the authority delega ted and for any lawsuit filed against a disposition made by an 
administrative agency pursuant to this Act or an order issued under this Act.   
(3) No overseas resident who has registered th e establishment of a layout-design pursuant to 
Article 21 (1) or who has completed the registration u nder Article 23 shall raise an objection against a 
third party, unless the appointment or replacement of a layout-design administrator or the grant or expiration of the authority of representation has been registered.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
Article 5 (Creator of Layout-Design Created in Service) 
 With respect to a layout-design created in the cour se of service by a person employed by the State, a 
corporation, an organization, or any other employer (hereinafter referred to as "corporation, etc."), the 
corporation, etc. shall be deemed the creator of  the layout-design, unless otherwise provided for in a 
contract, employment regulations, or the like. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 5-2 (Application Mutatis  Mutandis of Patent Act) 
Articles 28-2 through 28-5 of the Patent Act shall apply mutatis mutandis to an application or any 
other procedure for the registration of establishment of a layout-design right under Article 21 (1). In 
such cases, "procedure for a patent" shall be deemed to be "application or any other procedure for the 
registration of establishment of a layout-design ri ght", the "Korean Intellectual Property Office or 
Korean Intellectual Property Tribunal" to be the "Korean Intellectual Property Office", the 
"Commissioner of the Korean Intellectual Property O ffice or the President of the Korean Intellectual 
Property Tribunal" to be the "Commissioner of th e Korean Intellectual Property Office", a "written 
application for a patent" to be a "written applic ation for registration of establishment", and the 
"Commissioner of the Korean Intellectual Property Office, the President of the Korean Intellectual 
Property Tribunal, a presiding administrative patent judge, an administrative patent judge, a presiding 
examiner or an examiner" to be the "Commissi oner of the Korean Intellectual Property Office". 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
CHAPTER II  LAYOUT-DESIGN RIGHTS 
Article 6 (Creation of Layout-Design Rights) Layout-design rights are created when the establis hment of a creative layout-design is registered 
pursuant to Article 21 (1). [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 7 (Term of Layout-Design Rights)  (1) The term of a layout-design right shall be ten years from the registration date of establishment 
thereof. IP/N/1/KOR/L/2 
Página 5 
 
 
(2) The term of a layout-design right under paragr aph (1) shall not exceed ten years from the date on 
which the layout-design is initially used for making a profit or 15 years from the date on which it is created.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
Article 8 (Effects of Layout-Design Rights) 
A person who has registered the establishment of  a layout-design pursuant to Article 21 (1) or a 
person who has succeeded to the rights from such pe rson (hereinafter referred to as "holder of a 
layout-design right") shall have the exclusive right to use, for profit, the layout-design for which the registration of establishment has been made: Provided, That if an exclusive license under 
Article 11 (1) is established for the layout-design, the foregoing shall not apply to the extent that the 
exclusive licensee holds the exclusive license for th e layout-design pursuant to Article 11 (2).  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 9 (Limitations on Layout-Design Rights) 
 
(1) The effects of a layout-design right under Article 8 shall not extend to any of the following:   1. Reproduction, or vicarious reproduction, of a layout-design for education, research, analysis, 
evaluation, or any other similar activities or fo r personal use for any non-profit purpose;  
2. A creative layout-design produced as a result of re search, analysis, evaluation, or any other similar 
activities under subparagraph 1;  
3. A creative, identical layout-design produced by a person who is not the holder of a layout-design right.  (2) The effects of a layout-design right under Article  8 shall not extend to any person who engages in 
an activity specified in subparagraph 4 (c) of Artic le 2 for profit with any semiconductor integrated 
circuit or similar product legally manufactured and delivered to him/her.  (3) The effects of a layout-design right under Article 8 shall not extend to any person who has accepted, in good faith and without negligence on his/ her part (hereinafter referred to as "bona fide 
person"), a semiconductor integrated circuit or similar product, manufactured by illegally reproducing 
a semiconductor integrated circuit or similar produc t registered by any other person and delivered to 
him/her, and who engages in an activity specified in  subparagraph 4 (c) of Artic le 2 for profit with the 
semiconductor integrated circuit or similar product so delivered.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
Article 10 (Transfer and Joint Ownership of Layout-Design Rights) 
 (1) Layout-design rights shall be transferable.  (2) Rights to a layout-design created jointly by two or more persons shall be  jointly owned by the 
persons who created it, and each joint holder's sh are is deemed to be equal, unless any specific 
agreement among the joint creators exists.  
 (3) If a layout-design right is owned by joint owners, a joint owner shall not transfer his/her share nor 
pledge his/her share, without the other joint holders' consent.   
(4) If a layout-design right is owned by joint owners , each joint owner has a right to use the layout-
design without the other joint holders' consen t, unless any specific agreement exists.  
 IP/N/1/KOR/L/2 
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(5) If a layout-design right is owned by joint owne rs, a joint owner shall not grant any person an 
exclusive license under Article 11 (1), or a non-exclus ive license under Article 12 (1), of the layout-
design without the other joint owners' consent.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
Article 11 (Exclusive Licenses) 
 (1) The holder of a layout-design right may grant another person a right to use the layout-design 
exclusively (hereinafter referred to as "exclusive license").  
(2) A person who has been granted an exclusive licen se under paragraph (1) (hereinafter referred to as 
"exclusive licensee") shall have an exclusive right to use the layout-design for making a profit within 
the scope of the license granted.   (3) An exclusive licensee may transfer his/her ex clusive license only in any of the following cases: 
1. Where the exclusive license is  transferred along with the business to which the layout-design has 
been applied; 2. Where the exclusive license is transferred by inheritance or other general succession;  
3. Where the holder of the layout-desi gn right consents to the transfer. 
 (4) No exclusive licensee may pledge an exclusiv e license without the consent of the holder of the 
layout-design rights. 
 (5) Where an exclusive license is jointly owned,  a joint owner shall not grant any person a non-
exclusive license under Article 12 (1) without the other joint holders' consent.  
(6) Article 10 (3) and (4) shall appl y mutatis mutandis to an exclusiv e license. In such cases, the term 
"layout-design right" therein shall be construed as "exclusive license".  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 12 (Non-Exclusive Licenses)  
(1) The holder of a layout-design right or an excl usive licensee for a layout-design may grant another 
person a right to use the layout-design (hereinafter  referred to as "non-exclusive license"): Provided, 
That an exclusive licensee who intends to grant another person a non-exclusive license shall obtain 
consent from the holder of the layout-design right.  
(2) A person who has been granted a non-exclusive license under paragraph (1) (hereinafter referred 
to as "non-exclusive licensee") shall have a right to use the layout-design for making a profit within 
the scope of the license granted.  (3) A non-exclusive licensee may transfer his/her no n-exclusive license only in any of the following 
cases: 
1. Where the non-exclusive license is transferred al ong with the business to which the layout-design 
has been applied; 2. Where the non-exclusive license is transferred by inheritance or other general succession;  
3. Where the holder of the layout-design right (referring to the holder of the layout-design right and the exclusive licensee, if the li cense is a non-exclusive license gran ted by the exclusive licensee; 
hereafter the same shall apply in this  Article) consents to the transfer. 
 (4) No non-exclusive licensee may pledge his/her non-exclusive license without the consent of the 
holder of the layout-design right.  IP/N/1/KOR/L/2 
Página 7 
 
 
(5) Article 10 (3) and (4) shall apply mutatis muta ndis to a non-exclusive license. In such cases, the 
term "layout-design right" shall be construed as "non-exclusive license". [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 13 (Award for Grant of Non-Exclusive Licenses) 
 
(1) Any person who intends to use a layout-design, the establishment of which has been registered 
pursuant to Article 21 (1), may request the holder of  the layout-design right or the exclusive licensee 
for the layout-design to negotiate with him/her for the grant of a non-exclusive license, if the layout-
design falls under any of the following subparagraphs: 
1. Where the layout-design has not  been used in the Republic of Korea for two consecutive years or 
longer without any natural disaster or force majeure or any justifiable ground specified by Presidential 
Decree;  2. Where the layout-design has not  been used in the Republic of Korea for a considerable scale of 
business for two consecutive years or longer or the layout-design has failed to meet demand, domestic 
and overseas, at an appropriate level and under proper conditions, without any justifiable ground. 
 (2) A person who has requested negotiations under para graph (1) may file an application for award on 
the establishment of a non-exclusive license with  the Commissioner of the Korean Intellectual 
Property Office, where it is impossible to have ne gotiations under paragraph (1) within a reasonable 
period of time although the person has offered r easonable conditions that may occur in ordinary 
commercial transactions, or where the person fails  to reach an agreement on the grant of a non-
exclusive license after negotiations.  (3) Notwithstanding paragraphs (1) and (2), any person who intends to use a layout-design, the 
establishment of which has been registered pursuant to Article 21 (1), may file an application for 
award for a non-exclusive license directly with th e Commissioner of the Korean Intellectual Property 
Office, where a national emergency or any other urgent situation occurs. 
 (4) The Commissioner of the Korean Intellectual Property Office may, if it is found that an 
application for award under paragraph (2) or (3) fa lls under any of the following subparagraphs, make 
an award to the grant of a non-exclusive license (herei nafter referred to as "award") to the applicant, 
after undergoing deliberation by the Committee fo r Deliberation and Conciliation on Layout-Designs 
under Article 25: 1. Where the use of the layout-design is necessar y to meet domestic demand, not for a commercial 
purpose, but for the public interest;  2. Where there arises a ground specified by Preside ntial Decree to secure free competition and prevent 
any holder of a layout-design righ t or any exclusive licensee for a layout-design from abusing his/her 
right.  (5) An award shall be made in writing,  clearly stating the following matters:  
1. The scope of a non-exclusive license;  2. The consideration for the license and the method a nd deadline for the payment of the consideration.  
 
(6) Matters necessary for the procedure for filing an  application for award under paragraphs (2) and 
(3) and other matters shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
Article 14 (Lapse of Award) 
An award shall lose its effect if a person for whom the award was made fails to pay or deposit the consideration (referring to the first instalment, if the person is to pay the consideration on a periodic 
basis or in instalments) on or before the deadline for payment under Article 13 (5) 2.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 IP/N/1/KOR/L/2 
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Article 15 (Cancellation of Award)  (1) The Commissioner of the Korean Intellectual Property Office may, in his/her discretion or upon receiving an application from an interested part y, cancel an award in any of the following cases: 
1. Where a person for whom the award was made has not used the layout-design;  
2. Where the ground for the award under the subparagr aphs of Article 13 (4) has disappeared and such 
ground is not likely to recur.  (2) Once an award is cancelled pursuant to paragr aph (1), the relevant non-exclusive license shall 
terminate on the date of its cancellation. 
 
(3) Matters necessary for the proce dure for the cancellation of an award under paragraph (1) and other 
relevant matters shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
Article 16 (Pledge) 
 (1) Where a pledge is established for a layout-design ri ght or an exclusive or non-exclusive license for 
a layout-design, no pledgee of a layout-design righ t shall use the layout-design, unless any special 
agreement exists.   
(2) A pledge over a layout-design right or an excl usive or non-exclusive license for a layout-design 
may be exercised against money or any other goods that the holder of the layout-design right or the exclusive or non-exclusive licensee for the la yout-design (including a person to whom a non-
exclusive license has been granted pursuant to Arti cle 13 (4); hereinafter the same shall apply) is 
entitled to receive as compensation under this Act or in consideration for the use of the layout-design. 
In such cases, the compensation, money, or go ods shall be placed under attachment before the 
compensation or money is paid or the goods are delivered. [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 17 (Extinguishment of Layout-Design Rights) A layout-design right shall be extinguish ed in any of the following cases:  
1. Where a corporation or an organization that is the holder of a layout-design right is dissolved, and 
the layout-design right escheats to the State pursuant to the Civil Act or any other Act;  2. Where an individual who is the holder of a layout-design right dies without any inheritor and the layout-design right escheats to the State pursu ant to the Civil Act or any other Act. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 18 (Restriction on Abandonment, etc. of Layout-Design Rights, etc.)  (1) No holder of a layout-design right may abandon  his/her layout-design right without the consent 
from exclusive and non-exclusive licensees (excludi ng a person to whom a non-exclusive license has 
been granted pursuant to Article 13 (4)) and pledgees under Article 16 (1).  
 
(2) No exclusive licensee may abandon his/her exclusive license without the consent from persons to 
whom the exclusive licensee granted a non-excl usive license, or from pledgees thereof. 
 (3) No non-exclusive licensee may abandon his/her non-exclusive license without the consent from 
pledgees thereof.  
 (4) Once a layout-design right or an exclusive or no n-exclusive license is abandoned, the right thereto 
shall be immediately extinguished thereafter.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 IP/N/1/KOR/L/2 
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CHAPTER III REGISTRATION OF LAYOUT-DESIGN RIGHTS Article 19 (Application for Registration of  Establishment of Layout-Design Rights) 
 (1) Any person who has created a layout-design or his/her successor (hereinafter referred to as 
"creator") may file an application to register the establishment of the layout-design right with the 
Commissioner of the Korean Intellectual Property Office within two years from the day on which the 
layout-design was initially used for making a profit.   (2) Any person who intends to file an application to  register the establishment of a layout-design right 
pursuant to paragraph (1) shall submit an applicati on form for the registration of the establishment and 
other accompanying documents (hereinafter referred to as "application form, etc."), as prescribed by 
Presidential Decree. [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 20 (Rejection of Application for Registration of Establishment) 
 
(1) The Commissioner of the Korean Intellectual Prope rty Office shall reject an application filed to 
register the establishment of a layout-design right if  the application falls under any of the following:  
1. Where the applicant is not the creator; 2. Where the layout-design right is jointly owned by  two or more persons, but the application has not 
been filed jointly by all the joint owners; 
3. Where the period under Article 19 (1) has elapsed;  
4. Where the application falls under any other cases  prescribed by Presidential Decree, such as the 
case where the applicant fails to submit accompanyi ng documents necessary for the application for 
the registration of the establishment of a layout-design right.  
(2) The Commissioner of the Korean Intellectual Property Office shall, when he/she rejects an 
application pursuant to paragraph (1), immediatel y notify the applicant, in writing, of the grounds 
therefor in detail.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 21 (Registration of Esta blishment and Public Notice) 
 
(1) The Commissioner of the Korean Intellectual Pr operty Office shall, upon receiving an application 
to register the establishment of a layout-design right pursuant to Article 19 (1), register the 
establishment of the layout-design, unless the appli cation is rejected pursuant to Article 20 (1).  
 
(2) The registration of the establishment under paragraph (1) shall be completed when the 
Commissioner of the Korean Intellectual Property Offi ce records it in the original register of layout-
designs.  (3) The Commissioner of the Korean Intellectual Prope rty Office shall, when he/she has completed 
the registration of the establishment under paragr aph (1), issue a certificate of layout-design 
registration to the holder of the layout-design right and issue public notice thereof.  
 (4) Necessary matters concerning the registration of  the establishment of layout-designs, such as the 
details to be stated in an application to register  the establishment of a layout-design right, the issuance 
of a certificate of layout-design registration, the publ ic notification of registered matters of a layout-
design, details entered in the original register of  layout-designs, and the request for the inspection of 
the original register of a layout-design and the i ssuance of a copy thereof, shall be prescribed by 
Presidential Decree. [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  IP/N/1/KOR/L/2 
Página 10  
 
Article 22 (Indication of Registration) Any holder of a layout-design or any exclusive or non-exclusive licensee may indicate the registration 
of the layout-design on semiconductor integrated ci rcuits manufactured by using the layout-design, 
packaging thereof, etc., as prescribed by the Commissi oner of the Korean Intellectual Property Office.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 23 (Effects of Registration)  (1) None of the following matters may be asserted agai nst a third party, unless it is registered with the 
Commissioner of the Korean Intellectual Property Office:  
1. A restriction on the transfer (excluding the tr ansfer by inheritance or other general succession; 
hereafter the same shall apply in this Artic le) or disposal of a layout-design right;  
2. A restriction on the establishment, transfer, modification, extinguishment, or disposal of an exclusive license;  3. A restriction on the establishment, transfer, modification, extinguishment, or disposal of a non-
exclusive license;  
4. A restriction on the establishment, transfer, modi fication, extinguishment, or disposal of a pledge 
for a layout-design right or an exclusive or non-exclusive license.  (2) A non-exclusive license registered with the Co mmissioner of the Korean Intellectual Property 
Office shall be effective against any person who acquires the relevant layout-design right or an 
exclusive license for the relevant layout-design af ter the non-exclusive li cense was registered.  
 (3) Registration under paragraphs (1) and (2) sh all be completed when the Commissioner of the 
Korean Intellectual Property Office records it on the original register of layout-designs.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 24 (Cancellation of Registered Establishment of Layout-Design Rights) 
The Commissioner of the Korean Intellectual Property Office may, if a layout-design, the establishment of which has been registered, falls under any of the following subparagraphs, cancel the 
registration of establishment: Provided, That the Commissioner shall cancel the registration of establishment falling under subparagraph 2 or 4: 
1. Where a layout-design has violated a treaty under Article 3 (1); 
2. Where the registration of the establishment under Article 21 (1) has been registered by deceit or 
any other fraudulent means; 3. Where a layout-design, the establishment of whic h has been registered, is not a creative layout-
design prescribed under Article 6;  
4. Where a layout-design falls under any of Article 20 (1) 1 through 3. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  CHAPTER IV COMMITTEE FOR DELIBERATION AND CONCILIATION ON LAYOUT-DESIGNS Article 25 (Committee for Deliberati on and Conciliation on Layout-Designs) 
 
(1) A Committee for Deliberation and Conciliation on Layout-Designs (hereinafter referred to as the 
"Committee") shall be established for deliberati on on matters concerning layout-design rights and 
exclusive and non-exclusive licenses and for the c onciliation of disputes arising in connection with 
rights and interests protected by this Ac t (hereinafter referred to as "disputes"). 
 
(2) The Committee shall be comprised of not less than 10, but not more than 15, deliberators and conciliators (hereinafter referre d to as "committee members"), including one Chairperson and one 
Vice-Chairperson.  IP/N/1/KOR/L/2 
Página 11 
 
 
(3) Committee members shall be commissioned by the Commissioner of the Korean Intellectual Property Office, and the Chairperson and Vice-Ch airperson shall be elected by and from among 
committee members.   (4) The term of office of each committee memb er shall be three years but may be renewed 
consecutively. 
 (5) If a vacancy arises among committee members, su ch vacancy shall be filled by commissioning a 
person as a committee member for replacement in a ccordance with paragraph (3), and the term of 
office of a committee member commissioned to fill a vacancy shall be his/he r predecessor's remaining 
term: Provided, That if the number of remaining committee members is no less than 10, the 
commission of a committee member to  fill a vacancy may be waived. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 26 (Functions of Committee) 
The Committee shall deliberate on the following matter s, in addition to the conciliation of disputes: 
1. Matters concerning awards under Article 13 (4) hereof and the cancellation of awards under 
Article 15;  2. Matters concerning objections against the ca ncellation of registration of establishment under 
Article 24;  3. Matters that the Commissioner of the Korean Intellectual Property Office or three or more 
committee members jointly refer to deliberation. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 27 (Procedure for Conciliation)  
(1) Any person who intends seek the conciliation of a dispute may file a petition for conciliation with 
the Committee, clearly stating the purport and grounds for the petition.   (2) The Committee shall conciliate a dispute with in six months from the date when the petition 
therefor under paragraph (1) is filed.  
(3) The Judicial Conciliation of Civil Disputes Act shall apply mutatis mutandis to the procedure for 
conciliation by the Committee, except as otherwi se specifically provided for by this Act.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 28 (Conciliation Panel) 
The Committee shall have a conciliation panel, comp rised of three committee members, in order for 
the Committee to conciliate disputes in an efficient manner, and at least one member of the panel shall 
be qualified as an attorney-at-law or a patent attorney.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 29 (Conclusion of Conciliations) 
 
(1) A dispute is concluded by conciliation when a r ecord on matters agreed between parties is finally 
prepared.  (2) The record under paragraph (1) shall have the sa me effect as settlement in court: Provided, That 
this shall not apply to the matters of which parties to a case are not allowed to make a disposition in 
their discretion.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  IP/N/1/KOR/L/2 
Página 12  
 
Article 30 (Failure of Conciliations) Conciliation shall be deemed a failure wh ere any of the following grounds arises: 
1. Where either party has not complied with a request from the Comm ittee for appearance or 
submission of relevant documen ts on two or more occasions without justifiable grounds;  
2. Where the period under Article 27 (2) has elapsed. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 Article 31 (Conciliation Expenses)  (1) Expenses for conciliation shall be borne by the petitioner and shall be paid in advance when the 
petition for conciliation is filed: Provided, That when conciliation is successfully concluded, each 
party shall pay an equal share of the e xpenses, unless any special agreement exists. 
 (2) The amount of conciliation expenses under paragr aph (1) shall be determined by the Committee. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 32 (Suspension, etc. of Extinctive Prescription)  (1) A petition for conciliation shall have th e effect of suspending prescription. 
 (2) If no lawsuit is filed within one month afte r it was finally confirmed that conciliation was 
unsuccessful, conciliation shall have no effect of suspending prescription. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 33 (Organization, etc. of Committee) The organization and operation of the Committee a nd other matters necessary for the Committee shall 
be prescribed by Presidential Decree. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 34 (Subsidies for Expenses) The State may subsidize expenses incurred in the operation of the Committee within budget limits. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
CHAPTER V  REMEDIES FOR INFRINGEMENTS Article 35 (Demands to Cease, etc. from Infringement)  (1) The holder of a layout-design right or any exclusive licensee for a layout-design may demand a 
person who has infringed or is likely to infringe on his/her layout-design right or exclusive license to 
cease such infringement or take preventive measures.   (2) The holder of a layout-design right or the exclus ive licensee for a layout-design may, when he/she 
makes a demand under paragraph (1), also demand to  destroy semiconductor integrated circuits or 
similar products already produced by way of in fringement or to take any other measures for 
preventing such infringement. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 36 (Claims for Damages)  
(1) The holder of a layout-design right or the exclusive licensee of a layout-design may claim any 
person who infringes on his/her right by intent  or negligence to compensate his/her losses. 
 (2) Where the holder of a layout-design right or  the exclusive licensee of a layout-design makes a 
claim against a person who has made a profit by  way of infringement on his/her right under IP/N/1/KOR/L/2 
Página 13 
 
 
paragraph (1), such profit is presumed to be the losses sustained by the holder of the layout-design 
right or the exclusive licensee of the layout-design.  (3) The holder of a layout-design right or the exclus ive licensee for a layout-design may, when he/she 
makes a claim under paragraph (1), demand to pay an amount that he/she can generally charge for the 
use of the layout-design as the losses sustained by  the holder of the layout-design right or the 
exclusive licensee for the layout-design.  (4) If losses exceed the amount specified in paragrap h (3), such excess amount may also be claimed. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 37 (Compensation)  (1) The creator of a layout-design who had used the layout-design for making a profit before the establishment of the layout-design was registered may claim any person who used a reproduction of 
the layout-design for making a profit after the creator's  use, but before the registration of the layout-
design was completed, knowing that it was a repr oduction, to pay compensation equivalent to an 
amount that the person is generally obligated to pay for such use: Provided, That the payment of such 
compensation may not be claimed against a pers on who has received, in good faith and without 
negligence on his/her part, a semiconductor integrat ed circuit or similar product manufactured and 
delivered by using a reproduction of the layout-design. 
 
(2) The right to claim the payment of compensati on under paragraph (1) may not be exercised until 
and unless the establishment of the relevant layout-design is registered.  (3) If a registered establishment of a layout-design is  cancelled pursuant to Article 24, it is deemed 
that the right to claim the payment of compensa tion under paragraph (1) had never arisen from the 
beginning.  (4) Articles 760 (1) and (2) and 766 of the Civil Act shall apply mutatis mutandis to the exercise of a 
claim under paragraph (1). In such cases, "date on which the injured party or his agent by law becomes aware of such damage and of the identity of the person who caused it" in Article 766 of the 
Civil Act shall be deemed "date for registering the establishment of such layout-design", if the holder 
of the right to claim was aware of the fact th at the layout-design had been reproduced before the 
establishment of the layout-design was registered and who used the reproduced layout-design.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
Article 38 (Claims for Royalties against Bona Fide Persons) 
 (1) If a bona fide person commits an act specified  in subparagraph 4 (c) of Article 2 with a 
semiconductor integrated circuit or similar product,  or keeps or carries a semiconductor integrated 
circuit or similar product with intent to commit such  act, even after the person becomes aware that the 
semiconductor integrated circuit or similar produc t was manufactured by illegally reproducing a 
layout-design, the holder of the layout-design right  or the exclusive licensee for the layout-design may 
demand the person to pay an amount equivalent to ordinary royalties (hereinafter referred to as 
"royalties"), notwithstanding Article 9 (3).  (2) Royalties shall be a reasonable amount fixed by an agreement between the holder of the relevant 
layout-design right or the exclusive license for the layout-design and a bona fide person. 
 (3) Articles 760 (1) and (2) and 766 of the Civil Act shall apply mutatis mutandis to the exercise of a 
right to claim under paragraph (1). [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 IP/N/1/KOR/L/2 
Página 14  
 
CHAPTER VI SUPPLEMENTARY PROVISIONS Article 39 (Hearings) The Commissioner of the Korean Intellectual Propert y Office shall hold a hearing, whenever he/she 
intends to make any of the following dispositions:  1. Cancellation of an award under Article 15 (1);  
2. Cancellation of the registered establishment of a layout-design right under Article 24. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 40 (Fees)  
(1) A person in the following shall pay fees: 
1. A person who intends to file a petition fo r award on a non-exclusive license pursuant to 
Article 13 (2) or (3) or a person who intends to f ile an application for the cancellation of an award 
pursuant to Article 15 (1); 2. A person who intends to file to register  the establishment of a layout-design pursuant to 
Article 21 (1); 
3. A person who intends to file for the registration under Article 23 (1) or (2); 
4. A person who intends to file an objection agains t the cancellation of registered establishment of a 
layout-design pursuant to Article 24;  5. A person who intends to file an application for the issuance of any certificate for a layout-design.  
(2) The items and amounts of fees under paragraph (1) shall be prescribed by Ordinance of the 
Ministry of Knowledge Economy.  [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 40-2 (Abatement or Exemption of Fees on Registering Creation) 
 
(1) Notwithstanding Article 40 (1), the Commissione r of the Korean Intellectual Property Office may 
abate or exempt the fees on registering estab lishment of layout-design rights, as prescribed by 
Ordinance of the Ministry of Knowledge Economy, if  a person specified by Ordinance of the Ministry 
of Knowledge Economy, such as a medium or small en terprise, files an application to register the 
establishment of a layout-design right.  
 
(2) A person who intends to have the fees on regi stering the establishment of a layout-design right 
abated or exempted pursuant to paragraph (1) shall submit to the Commissioner of the Korean 
Intellectual Property Office the documents specified  by Ordinance of the Ministry of Knowledge 
Economy.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 Article 40-3 (Refunds of Fees Mistakenly Paid)  (1) Fees already paid shall not be refundable: Provide d, That fees mistakenly paid shall be refunded to 
the payer upon his/her request. 
 
(2) The Commissioner of the Korean Intellectual Prope rty Office shall, if he/she discovers that any 
fees have been mistakenly paid, notify the payer of such fact.  (3) No one may claim a refund under the proviso to pa ragraph (1), if three years have passed since a 
notice under paragraph (1) was served to him/her. 
[This Article Newly Inserted by Act No. 9183, Dec. 26, 2008]  Article 41 (Judicial Jurisdiction over Overseas Residents) With regard to overseas residents' layout-design rights, the address or place of business of a layout-
design administrator shall be deemed the location of  property under Article 11 of the Civil Procedure IP/N/1/KOR/L/2 
Página 15 
 
 
Act if a layout-design administrator has been appoint ed, while the location of the Supreme Court shall 
be deemed the location of property if no layout-design administrator has been appointed. [This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 42 Deleted. <by Act No. 5599, Dec. 28, 1998> 
 
Article 43 (Fostering of Layout-Design Technology)  (1) The Commissioner of the Korean Intellectual Pr operty Office shall establish policies necessary to 
improve technology for domestic layout-designs and to promote development of such products and 
prepare supportive measures in taxation, finance, and administration. 
 (2) The Commissioner of the Korean Intellectual Pr operty Office may support and foster any research 
institute or organization that promotes technol ogy and trains personnel for layout-design.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
Article 44 (Duty of Confidentiality) A public official who is or has ever been in charge of the registration of layout-designs under 
Articles 19 through 24 or a person who is or has ever been a committee me mber under Article 25 (2) 
shall not divulge to others any secr et he/she has learned in the course of performing his/her duties.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 
CHAPTER VII  PENAL PROVISIONS Article 45 (Offense of Infringement, etc.)  (1) Any person who infringes on a layout-design right or  an exclusive license shall be punished by 
imprisonment for not more than three years or by a fine not exceeding 50 million won, or by both.  
 (2) An offense under paragraph (1) may be prosecu ted only when a criminal complaint is filed. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  Article 46 (Offense of False Indication) 
Any person who falsely indicates the registra tion mark under Article 22 on a semiconductor 
integrated circuit manufactured by using a layout -design, the establishment of which has not been 
registered in accordance with Article 21 (1), or on any package thereof, or any person who assigns or 
leases to anyone a semiconductor integrated circuit with a false registration mark thereon shall be 
punished by imprisonment for not more than one y ear or by a fine not exceeding three million won. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 Article 47 (Offense of Fraud) Any person who files for registration of establishmen t under Article 21 (1) by deceit or in any other 
fraudulent manner shall be punished by imprisonment fo r not more than one year or by a fine not 
exceeding three million won. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 Article 48 (Offense of Divulging Secrets) Any person who divulges a secret in violation of Ar ticle 44 shall be punished by imprisonment for not 
more than five years or by a fine not exceeding 50 million won.  
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008] 
 Article 49 (Joint Penal Provisions) Where a representative of a juristic person, or an agent, employee or other servant of a juristic person or an individual commits an offense under Article 45  (1), 46, or 47 in connection with the business of 
the juristic person or the individual, not only shall such violator be punished , but also the juristic IP/N/1/KOR/L/2 
Página 16  
 
person or the individual shall be punished by a fine under the relevant provisions: Provided, That this 
shall not apply where the juristic person or the i ndividual has not neglected to pay due attention and 
supervision concerning the relevant business in order to prevent such violation. 
[This Article Wholly Amended by Act No. 9183, Dec. 26, 2008]  
ADDENDA 
 (1) (Enforcement Date) This Act shall enter into  force within one year after the date of its 
promulgation, and the date shall be prescribed by Presidential Decree.  
[Enforced on Sep. 1, 1993 under Presidentia l Decree No. 13972, dated Aug. 31, 1993] 
 
(2) (Applicability) This Act shall not apply to lay out-designs established before this Act enters into 
force.  ADDENDUM <Act No. 4890, Jan. 5, 1995> 
This Act shall enter into  force on July 1, 1995. 
 ADDENDA <Act No. 5453, Dec. 13, 1997> Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1998. (Proviso Omitted.)  
Article 2 Omitted. 
 ADDENDUM <Act No. 5454, Dec. 13, 1997> This Act shall enter into force on January 1, 1998. (Proviso Omitted.)  
ADDENDUM <Act No. 5599, Dec. 28, 1998> 
This Act shall enter into force on January 1, 1999.  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.  ADDENDA <Act No. 8397, Apr. 27, 2007>  
(1) (Enforcement Date) This Act shall enter into for ce six months after the date of its promulgation. 
 (2) (Applicability to Reduction or Exemption of Fee for Registration of Establishment) The amended 
provisions of Article 40-2 shall apply beginning from the first application for registering the 
establishment of a layout-design right made after this Act enters into force.  
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. 9183, Dec. 26, 2008> This Act shall enter into force three months after the date of its promulgation. IP/N/1/KOR/L/2 
Página 17 
 
 
 
ENFORCEMENT DECREE OF THE ACT ON THE LAYOUT-DESIGNS OF 
SEMICONDUCTOR INTEGRATED CIRCUITS 
 
 
CHAPTER I  GENERAL PROVISIONS 
Article 1 (Purpose) The purpose of this Decree is to provide for the matters delegated by the Act on the Layout-Designs 
of Semiconductor Integrated Circuits and those n ecessary for the enforcemen t thereof. <Amended by 
Presidential Decree No. 20345, Oct. 26, 2007> 
 
Article 2 Deleted. <by Presidentia l Decree No. 21369, Mar. 25, 2009> 
 Article 3 (Justifiable Grounds fo r Non-Use of Layout-Designs) 
 
(1) The term "justifiable ground specified by Presiden tial Decree" in Article 13 (1) 1 of the Act on the 
Layout-Designs of Semiconductor Integrated Circuits (hereinafter referred to as the "Act") shall be 
any of the following cases: <Amended by Presidentia l Decree No. 20345, Oct. 26, 2007; Presidential 
Decree No. 21369, Mar. 25, 2009> 1. Where a person who has made registration of est ablishment pursuant to Article 21 (1) of the Act 
and another person who has succeeded to right from th e former (hereinafter referred to as "holder of a 
layout-design right"), or an exclusive licensee under Ar ticle 11 (2) of the Act (hereinafter referred to 
as "exclusive licensee"), cannot use a layout-design unde r subparagraph 2 of Article 2 of the Act, due 
to a mental or physical disorder. In such cases, a mental or physical disorder shall be proved by a 
representative of a medical institution of a hospital level or higher under Article 3 (4) of the Medical 
Service Act; 
2. Where a layout-design cannot be used due to the delay of permission or authorization of an 
administrative agency, or consent or approval from a third party, required for the use of layout-designs under subparagraph 4 of Article 2 of the Ac t (hereinafter referred to as "use of layout-
design"); 3. Where a layout-design cannot be used because ra w materials or equipment necessary for using the 
layout-design are prohibited from importation;  
4. Where a layout-design cannot be used because it is  impossible to use the layout-design in business 
scale due to a lack or shortage of demand for the use of the layout-design.  (2) The term "justifiable ground" in Article 13 (1 ) 2 of the Act means a ground falling under any of 
the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 20345, Oct. 26, 2007> 
 
Article 4 (Application for Award)  (1) A person who intends to make an application fo r award (hereinafter referred to as "applicant for 
award") on the establishment of a non-exclusive license  (hereinafter referred to as "non-exclusive 
license") under Article 12 of the Act, pursuant to Ar ticle 13 (2) or (3) of the Act, shall submit a 
written application stating the following matters (herei nafter referred to as "application for award") to 
the Commissioner of the Korean Intellectual Pr operty Office: <Amended by Presidential Decree 
No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree 
No. 20345, Oct. 26, 2007> 1. The registration number of the layout-design right; 
2. The name, address, and resident registration num ber of an applicant for award (in the case of a 
juristic person, its trade name, seat of place of bus iness, registration number of the juristic person and 
name of its representative); 3. The name, address and resident registration number of the holder of layout-design right or a person 
who has registered exclusive license or non-exclusive license, or pledge under Article 16 of the Act IP/N/1/KOR/L/2 
Página 18  
 
(hereinafter referred to as "right for layout-design") (in cases of a juristic person, its trade name, seat 
of place of business, registration number of the juristic person and name of its representative); 
4. Purport and reasons for the application; 5. The scope of the non-exclusive license;  6. The consideration, and methods and timing for the payment thereof. 
 
(2) An application for award under paragraph (1) shall be accompanied by the following documents: 
<Amended by Presidential Decree No. 14700, Jul.  1, 1995; Presidential Decree No. 20345, 
Oct. 26, 2007> 1. Documents stating the basis for calculation of th e consideration, in consideration of the economic 
value of layout-design right or exclusive license;  
2. Documents proving the reasons for the application.  Article 5 (Delivery of Copy, and Pub lic Notice, of Application for Award) 
 
(1) Where an application for award under Article 4 is submitted, the Commissioner of the Korean 
Intellectual Property Office shall send a copy of su ch application to the holder of layout-design right 
and a person who has registered the right for the layout-design, and shall provide them with an 
opportunity to present their opinions in writing within a prescribed period not less than one month but not more than three months: Provided, That in the case of an application for award under Article 13 (3) of the Act, the procedures to presen t opinions in writing may be omitted. <Amended by 
Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; 
Presidential Decree No. 20345, Oct. 26, 2007>  (2) Where a written opinion under paragraph (1) is  presented, the Commissioner of the Korean 
Intellectual Property Office shall send a copy of th e opinion in writing to the applicant for award. 
<Amended by Presidential Decree No. 14700, Jul.  1, 1995; Presidential Decree No. 16045, 
Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>  (3) Where an application for award under Article 4 is submitted, the Commissioner of the Korean 
Intellectual Property Office shall make a public notifi cation of the purport in the Official Gazette or 
the Patent Gazette under Article 221 of the Patent Act (hereinafter referred to as "Official Gazette, 
etc."). <Amended by Presidential Decree No. 14700,  Jul. 1, 1995; Presidential Decree No. 16045, 
Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>  Article 6 (Abuse of Rights) The term "grounds prescribed by Presidential Decr ee" in Article 13 (4) 2 of the Act means cases 
falling under any of the following subparagraphs: <Amended by Presidential Decree No. 14700, 
Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, 
Oct. 26, 2007; Presidential Decree No. 21369, Mar. 25, 2009> 1. Where corrective measures have been ordered by the Fair Trade Commission pursuant to Article 24 
of the Monopoly Regulation and Fair Trade Act be cause the non-use of a layout-design by the holder 
of layout-design right or the exclusive licensee falls under abusive acts under Article 3-2 of the same 
Act or unfair trade practices under Article 23 of the same Act;  
2. Where a layout-design is not used on a subs tantial business scale for not less than two years 
consecutively in the Republic of Korea, or does not meet the domestic demand in proper terms and 
conditions.  
Article 7 (Certificate of Award) 
An award under Article 13 (4) of the Act (hereina fter referred to as "award") shall be a written 
submission (hereinafter referred to as "written award") stating the following matters: <Amended by 
Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 20345, Oct. 26, 2007> 1. The serial number of the award; 
2. The registration number of the layout-design right; IP/N/1/KOR/L/2 
Página 19 
 
 
3. The name, address, and resident registration num ber of an applicant for award (in the case of a 
juristic person, the trade name, seat of place of bus iness, registration number of the juristic person, 
and the name of its representative); 4. The name, address or place of business, and resident registration number of the holder of layout-design right and the person who has registered for the layout-design (in the case of a juristic person, 
the trade name, seat of place of business, registra tion number of the juristic person, and the name of 
its representative); 5. The main texts of the award (including th e matters falling under any subparagraphs of 
Article 13 (5) of the Act); 6. The reasons for the award (including the purpor t and reasons for the application for award); 
7. The date of the award.  
 Article 8 (Delivery of Certified Copy of Award) When the Commissioner of the Korean Intellectual Property Office makes an award, he/she shall 
deliver a certified copy of the award to the app licant for award, the holder of layout-design right and 
any person who has registered the layout-design ri ght. <Amended by Presidential Decree No. 14700, 
Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>  Article 9 (Deposit of Remuneration) Where an applicant for award who intends to pa y a remuneration under Article 13 (5) 2 of the Act 
falls under any of the following s ubparagraphs, he/she may deposit su ch remuneration: <Amended by 
Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 20345, Oct. 26, 2007> 1. Where a person who is to receive the re muneration refuses or is unable to receive it; 
2. Where a lawsuit has been filed for the remuneration;  3. Where a pledge has been established for the layout -design right or exclusive license: Provided, That 
this shall not apply where a pledgee agrees to such remuneration. 
 Article 10 (Procedure for Cancellation of Award)  (1) Cancellation of award under Article 15 (1) of th e Act shall be made in writing with the ground 
therefor clarified. <Amended by Presidential Decree No. 20345, Oct. 26, 2007>  
 
(2) Articles 4, 5, and 8 shall apply mutatis mutandi s to the cancellation of award under paragraph (1). 
In such cases, "award" shall be deemed to be "can cellation of award", "application for award" to be 
"application for cancellation of award", "applicant for award" to be "applicant for cancellation of 
award" and "statement of award" to be "stateme nt of cancellation of award", respectively. <Amended 
by Presidential Decree No. 20345, Oct. 26. 2007> 
 CHAPTER II REGISTRATION OF LAYOUT-DESIGN RIGHT, ETC. Article 11 (Application for Registration of  Establishment of Layout-Design Right) 
 (1) A person who intends to apply for registration of establishment of a layout-design right pursuant 
to Article 19 (1) of the Act shall submit a written application for registration of establishment in 
which the following matters are entered (hereinafter  referred to as "application for registration of 
establishment") to the Commissioner of the Kor ean Intellectual Property Office: <Amended by 
Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007> 
1. The applicant's name, address, and resident regi stration number (in the case of a juristic person, the 
trade name, seat of place of business, registration number of the juristic person, and name of its 
representative); 2. The date of application; 3. The date on which the layout-design was created; IP/N/1/KOR/L/2 
Página 20  
 
4. Where activities defined in subparagraph 4 (c) of Article 2 of the Act are committed for making 
profits, the date when such activity was first committed; 5. The name, address and resident registration number of the creator of the layout-design (in the case of a juristic person, the trade name, seat of pl ace of business, registration number of the juristic 
person, and name of its representative); 
6. Where there is an agent for application, the name, address and resident registration number of the 
agent (in the case of a juristic person, the trade name, seat of place of business, registration number of the juristic person, and name of its representative);  7. The title of the layout-design.  
(2) The following materials shall be attached to a wr itten application for registration of establishment: 
<Amended by Presidential Decree No. 14700, Jul.  1, 1995; Presidential Decree No. 16045, 
Dec. 31, 1998; Amended by Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree 
No. 20729, Feb. 29, 2008; Presidential Decree No. 21369, Mar. 25, 2009> 1. An electronic file in the form readable by a co mputer on two- or three-dimensional structure of a 
layout-design (hereinafter referred to as "layout-design file"); 
2. An explanatory note of a layout-design in wh ich the matters prescribed by Ordinance of the 
Ministry of Knowledge Economy are entered;  3. Documents proving authority of representation when an application for registration is made by an 
agent who is not the layout-design administrator under Article 4 (1) of the Act (hereinafter referred to 
as "layout-design administrator"); 
4. A certificate of nationality if an applicant is a foreigner (documents pr oving that it is a foreign 
juristic person if an applicant is a foreign juristic person);  
5. Documents proving the fact of succession where an  applicant is a successor of the creator of a 
layout-design under Article 19 (1) of the Act.  
(3) Deleted. <by Presidential Decree No. 20345, Oct. 26, 2007> 
 Article 12 (Rejection of Application for Registration of Establishment) 
 (1) The term "cases prescribed by Presidential Decr ee, such as the case where the applicant fails to 
submit accompanying documents necessary for the app lication for the registration of establishment of 
a layout-design right" in Article 20 (1) 4 of the Act means cases falling under any of the following 
subparagraphs: <Amended by Presidentia l Decree No. 21369, Mar. 25, 2009> 
1. Where the matters to be entered under Article 11 (1) have not been entered in a written application 
for registration of establishment or the materials unde r Article 11 (2) have not been attached thereto; 
2. Where the matters entered in a written applicati on for registration of establishment are inconsistent 
with the materials attached thereto, or the materials attached thereto are inconsistent with one another; 
3. Where an explanatory note in which the matters to be entered under Article 11 (2) 2 are not entered 
have been attached to a written application for registration of establishment; 4. Where fees under Article 40 of the Act have not been paid.  (2) Where the Commissioner of the Korean Inte llectual Property Office intends to refuse an 
application because it falls under any of the sub-paragr aphs of paragraph (1), he/she shall issue an 
order to the applicant to make a correction with in a prescribed period. <Amended by Presidential 
Decree No. 21369, Mar. 25, 2009>  (3) An applicant may correct a written application for registration of establishment or the materials 
attached thereto (excluding a layout-design file) be fore registration of establishment is completed: 
Provided, That if orders of correction under para graph (2) are issued, such correction may be made 
only within a prescribed period.  IP/N/1/KOR/L/2 
Página 21 
 
 
(4) The Commissioner of the Korean Intellectual Property Office may extend the period under paragraph (2) ex officio or at the request of a person who has received orders of correction. 
[This Article Wholly Amended by Presiden tial Decree No. 20345, Oct. 26, 2007]  
 Article 13 (Public Notification of Registration of Establishment) 
 
(1) Where the establishment of a layout-design has b een registered pursuant to Article 21 (1) of the 
Act, the Commissioner of the Korean Intellect ual Property Office shall make public announcement 
thereof in the Official Gazette, etc. <Amended by Presidential Decree No. 14700, Jul. 1, 1995; 
Presidential Decree No. 16045, Dec. 31, 1998; Pr esidential Decree No. 20345, Oct. 26, 2007> 
 
(2) Matters to be publicly announced in the Offi cial Gazette, etc. under paragraph (1) shall be 
prescribed by Ordinance of the Ministry of K nowledge Economy. <Amended by Presidential Decree 
No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 20729, Feb. 29, 2008> 
 
Article 14 (Form of Original Register) The Commissioner of the Korean Intellectual Proper ty Office shall make the original register of 
establishment of layout-design rights under Article 21 (2) of the Act (hereina fter referred to as 
"original register") on magnetic tap es, etc., and its format, records and method of filling in and kind of 
annexed documents shall be pres cribed by Ordinance of the Ministry of Knowledge Economy. 
<Amended by Presidential Decree No. 14700, Jul.  1, 1995; Presidential Decree No. 16045, 
Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 20729, Feb. 29, 2008>  Article 15 (Loss of Original Register) 
The Commissioner of the Korean Intellectual Propert y Office shall make a public notice, when all or 
some of the original register has been lost, that the holder of a layout-design right who has applied for 
restoration of such registration within a prescribed period not less than three months is entitled to the 
same priority on the original register granted pr ior to such loss. <Amended by Presidential Decree 
No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree 
No. 20345, Oct. 26, 2007> 
 
Article 16 (Applicant for Registration) A rightful person of registration and a responsible  person for registration shall jointly apply for 
registration under Article 23 (1) of  the Act: Provided, That in the following cases, a rightful person of 
registration alone may apply for registrati on: <Amended by Presidential Decree No. 20345, 
Oct. 26, 2007> 
1. Where a letter of consent of a responsible pe rson for registration is attached to the written 
application for registration concerned;  2. Where registration is made by judicial judgment, inheritance or merger.  Article 17 (Application for Registration othe r than Registration of Establishment) 
 
(1) A person who intends to apply for registration under Articles 4 (3) and 23 (1) of the Act shall 
submit a written application for registration in which the following matters are entered to the 
Commissioner of the Korean Intellectual Pr operty Office: <Amended by Presidential Decree 
No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree 
No. 20345, Oct. 26, 2007; Presidential Decree No. 21369, Mar. 25, 2009>  
1. The applicant's name, address, and resident regi stration number (in the case of a juristic person, the 
trade name, seat of place of business, registration number of the juristic person, and name of its 
representative); 2. Date of application;  IP/N/1/KOR/L/2 
Página 22  
 
3. Where there is an agent for application, the name, address and resident registration number of the 
agent (in the case of a juristic person, the trade name, seat of place of business, registration number of the juristic person, and name of its representative); 4. Registration number of the layout-design right;  5. Reasons for registration and the date when the reasons occurred; 
6. Where the purpose of registration is the right on a layout-design, the indication of the right to be 
registered;  7. Where the purpose of registration is the matte rs on the layout-design administrator, the name, 
address and resident registration number of the layout-design administrator (in the case of a juristic person, the trade name, seat of place of business, re gistration number of the ju ristic person, and name 
of its representative) and the scope  of authority of representation. 
 (2) A person who intends to apply for registration of establishment of exclusive license or non-exclusive license shall st ate the following matters in addition to those under any subparagraphs of 
paragraph (1): <Amended by President ial Decree No. 20345, Oct. 26, 2007> 
1. Scope of exclusive license or non-exclusive license to be established;  
2. Matters concerning the remuneration or the me thod and time of payment thereof if they are 
prescribed in reasons for registration.  (3) A person who intends to apply for registration of transfer of exclusive license or non-exclusive 
license shall state the scope of ex clusive license or non-exclusive licen se to be transferred in addition 
to the matters under any subparagraphs of pa ragraph (1). <Amended by Presidential Decree 
No. 20345, Oct. 26, 2007>  Article 18 (Accompanying Documents)  
(1) The following documents shall be attached to an application for registration under Article 17: 
<Amended by Presidential Decree  No. 20345, Oct. 26, 2007> 
1. Document proving the cause of registration;  2. Document proving the consent or permission by a third party in regard to the cause of registration, 
when consent or permission is necessary: Provided , That the document may be replaced with the 
signing and sealing of the third party on the application; 
3. Document proving authority of representation when  the application for registration is made by an 
agent who is not the layout-design administrator;  4. A certificate of nationality if an applicant is a foreigner (documents pr oving that it is a foreign 
juristic person if an applicant is a foreign juristic person);  
5. Deleted. <by Presidential Decree No. 21901, Dec. 22, 2009> 
 
(2) If a document certifying the cause for registration is  the enforceable decision, the attachment of a 
document under paragraph (1) 2 may be omitted.  <Amended by Presidential Decree No. 20345, 
Oct. 26, 2007>  (3) With regard to Article 17 (3), where an exclus ive license or a non-exclusive license is intended to 
be transferred together with business of usin g licenses for layout-designs, documents proving such 
fact shall be attached in addition to the documen ts under paragraph (1). <Amended by Presidential 
Decree No. 20345, Oct. 26, 2007>  Article 18-2 (Documents to be Submitted by Orders  of Commissioner of Korean Intellectual Property 
Office) 
 (1) After examining a written application for registration and accompanying documents under 
Articles 17 and 18, where the Commissioner of the Korean Intellectual Property Office deems it necessary to confirm an applicant in detail, he/s he may order the applicant to submit any of the 
following documents within a fixed period:  IP/N/1/KOR/L/2 
Página 23 
 
 
1. Certificates concerning recording of family re lations, certified copy or extract of resident 
registration cards, certificate of nationality (limited to  the cases where the applicant is a foreigner) and 
other documents confirming the applicant; 2. Notarized certificate of the signature (in the case of  a foreigner, including a certificate issued by the 
public agencies in his/her mother country certifyi ng that the applicant has signed thereon);  
3. A corporate registry where the applicant is a juristic person.  
 (2) Where the Commissioner of the Korean Inte llectual Property Office, in receipt of a written 
application for registration and accompanying docume nts under Articles 17 and 18, is able to confirm 
any information on the documents falling under any subparagraphs of paragr aph (1) through a joint 
use of administrative information under Article 36 (1 ) of the Electronic Government Act, he/she may 
substitute the documents to be submitted with such confirmation: Provided, That where the applicant 
does not consent to the confirmation of the relevant  documents (excluding the corporate registry), the 
Commissioner of the Korean Intellectual Property Office shall order the applicant to submit the 
relevant documents. <Amended by Presiden tial Decree No. 22151, May 4, 2010>  
[This Article Newly Inserted by Presiden tial Decree No. 21901, Dec. 22, 2009]  
 Article 19 (Omission of Accompanying Documents)  (1) When two or more applications for registra tion of establishment under Article 11 and registration 
for other than establishment under Article 17 are made  at the same time, if there is duplication in 
attached materials or documents for each applicat ion, the submission of attached materials or 
documents to one application may replace the a ttached materials or documents to the other 
application. In such cases, such purport shall be stated in the other application. <Amended by 
Presidential Decree No. 20345, Oct. 26, 2007>  
(2) When making an application for registration under paragraph (1), if any materials or documents to 
be attached to the written application concerned ha ve already been submitted and there are no changes 
in their details, the submission of such materials or documents may be omitted. In such cases, such 
purport shall be stated in the other applicati on. <Amended by Presidential Decree No. 20345, 
Oct. 26, 2007>  
Article 20 (Description of Matters conc erning Extinguishment of Rights) 
A person who intends to apply for registration under  Article 19 (1) (hereinafter referred to as an 
"applicant for registration") shall, if there is an agreement on the extinguishment of the right which is 
the purpose of registration, enter such details in  a written application. <Amended by Presidential 
Decree No. 20345, Oct. 26, 2007> 
 
Article 21 (Description of Shares, etc.)  (1) When matters concerning shares are prescribed as the joint ownership of a layout-design right or a 
right for a layout-design held by not less than two persons, an applicant for registration shall enter 
such shares in a written application. The same shall also apply when an application for registration is 
made for transfer of part of a layout-design right or a right for a layout-design. <Amended by 
Presidential Decree No. 20345, Oct. 26, 2007>  (2) When there is a special agreement under Ar ticle 10 (4) of the Act (including cases where 
Articles 11 (6) and 12 (5) of the Act apply mutatis mutandis) or an agreement under the proviso to 
Article 268 (1) of the Civil Act as joint ownership of a layout-design right or a right for a layout-
design by not less than two persons, an applicant fo r registration shall enter such matter in a written 
application. <Amended by Presiden tial Decree No. 20345, Oct. 26, 2007> 
 IP/N/1/KOR/L/2 
Página 24  
 
Article 22 (Attachment, etc. of Evidentiary Documents) Where a cause of registration is inheritance or merger  of juristic persons, an applicant for registration 
shall attach documents proving such facts to a writte n application: Provided, That where the applicant 
has consented so that the Commissioner of the Ko rean Intellectual Property Office may confirm the 
contents of attached documents through joint us e of the administrative information pursuant to 
Article 36 (1) of the Electronic Government Act,  attached documents may be omitted. <Amended by 
Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 21369, Mar. 25, 2009; Presidential Decree No. 22151, May 4, 2010>  [This Article Wholly Amended by Preside ntial Decree No. 19507, Jun. 12, 2006] 
 
Article 23 (Consolidated Application) 
When two or more applications for registration ar e made for layout-design rights or rights for layout-
designs, only one application may be made if cause s and purposes of such registration are the same. 
<Amended by Presidential Decree  No. 20345, Oct. 26, 2007> 
 
Article 24 (Obligee's Subrogation to Obliger) 
When an application is based upon the obligee's subr ogation to the obliger pursuant to Article 404 of 
the Civil Act, the applicant shall submit to th e Commissioner of the Korean Intellectual Property 
Office a written application in which the followi ng matters are entered and documents proving causes 
of the subrogation attached thereto: <Amended by Presidential Decree No. 14700, Jul. 1, 1995; 
Presidential Decree No. 16045, Dec. 31, 1998; Pr esidential Decree No. 20345, Oct. 26, 2007> 
1. The name, address, and resident registration number of the obligee and obliger (in the case of a 
juristic person, its trade name, seat of place of bus iness, registration number of the juristic person and 
name of its representative);  2. The reason for the subrogation.  
Article 25 (Notification of Errors or Omissions) 
If any errors or omissions are found after registra tion under Article 21 (1) or 23 (1) of the Act, the 
Commissioner of the Korean Intellectual Property O ffice shall immediately notify a rightful person of 
registration, a responsible person for registration and other interested persons thereof in writing. 
<Amended by Presidential Decree No. 14700, Jul.  1, 1995; Presidential Decree No. 16045, 
Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007> 
 
Article 26 (Ex Officio Correction) If errors or omissions under Article 25 were caused by public officials under his/her control, the 
Commissioner of the Korean Intellectual Property O ffice shall immediately correct registration except 
when there is a third party having interest of re gistration and notify a rightful person of registration 
and a responsible person for regist ration of such purport in writing.  <Amended by Presidential Decree 
No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>  Article 27 (Cancellation of Registered Establishment of Layout-Design Rights) 
 
(1) Cancellation of registered establishment of a la yout-design right under Article 24 of the Act shall 
be made in writing with the ground therefor clarif ied. <Amended by Presidential Decree No. 20345, 
Oct. 26, 2007>  (2) Details of cancellation of registered estab lishment under paragraph (1) shall be publicly 
announced in the Official Gazette, etc. <Amended by Presidential Decree No . 20345, Oct. 26, 2007> 
 Article 28 (Application Mutatis Mutand is of Patent Registration Decree) 
Articles 2 through 7, 11 through 14, 17, 19 through 23, 30, 33 through 35, and 42 through 63 of the Patent Registration Decree shall a pply mutatis mutandis to registrati on under Article 23 (1) of the Act. 
In such cases, "patent rights" shall be deemed to be "layout-design rights", "patent" to be "layout-IP/N/1/KOR/L/2 
Página 25 
 
 
designs", "patent register" to be "layout-design register", "patent number" to be "layout-design registration number", "exclusive right of use" to be "exclusive license", "non-exclusive right of use" to 
be "non-exclusive license", and "patent trust regist er" to be "layout-design trust register". <Amended 
by Presidential Decree No. 20345, Oct. 26, 2007>  
CHAPTER III COMMITTEE FOR DELIBERATION AND CONCILIATION ON LAYOUT-
DESIGNS Article 29 (Chairperson and Vice-Chairperson)  (1) The chairperson of the Committee for Delib eration and Conciliation on Layout-Designs under 
Article 25 (1) of the Act (hereinafter referred to  as the "Committee") shall take overall control over 
the affairs of the Committee, and shall represent the Committee. <Amended by Presidential Decree 
No. 20345, Oct. 26, 2007>  (2) The vice-chairperson shall assist  the chairperson, and, if the chairperson is unable to perform 
his/her duties due to unavoidable reasons, the vice-ch airperson shall act on behalf of the chairperson. 
<Amended by Presidential Decree  No. 20345, Oct. 26, 2007> 
 Article 30 (Convocation of Meetings and Quorum) 
 (1) The chairperson shall convene a mee ting of the Committee and preside over it. 
 
(2) When the chairperson intends to convene a meet ing of the Committee (hereinafter referred to as 
"meetings"), he/she shall notify deliberators and conciliators under Article 25 (2) of the Act 
(hereinafter referred to as "committee members") of the time and place of the meeting and of issues to 
be deliberated or conciliated in the meeting at least five days before the meeting: Provided, That the 
same shall not apply when the meeting shall be urgently convened or an inevitable ground exists. 
<Amended by Presidential Decree  No. 20345, Oct. 26, 2007> 
 (3) The Committee shall commence a meeting with th e attendance of not less than two-thirds of 
current committee members including the chairperson and shall pass resolutions by a concurrent vote 
of a majority of those present. <Amended by Presidential Decree No. 20345, Oct. 26, 2007> 
 
(4) No committee member of the Co mmittee shall participate in a deliberation or conciliation of a 
case in which he/she has a direct interest.  Article 31 (Allowance and Travel Expenses) 
Committee members and expert witnesses participating in a meeting may receive allowance and travel 
expenses within budget limits: Provi ded, That no allowance shall be paid to a committee member who 
is a public official participating in a meeting in direct connection with his/her duties. <Amended by 
Presidential Decree No. 20345, Oct. 26, 2007>  Article 32 (Procedure for Conciliation) 
 
(1) A person who intends to apply fo r conciliation pursuant to Article 27 (1) of the Act, shall submit a 
written application for conciliation to the Committee,  as determined by the Committee. <Amended by 
Presidential Decree No. 20345, Oct. 26, 2007>  
(2) When the chairperson has received a written application for conciliati on under paragraph (1), 
he/she shall refer such application to the C onciliation Panel (hereinafter referred to as the 
"Conciliation Panel") under Article 28 of the Act.  <Amended by Presidential Decree No. 20345, 
Oct. 26, 2007>  IP/N/1/KOR/L/2 
Página 26  
 
(3) The Conciliation Panel, in receipt of a writte n application for concilia tion under paragraph (2), 
shall provide parties, their agents or other interested  parties with an opportunity to state their opinions, 
and may consider the opinions of relevant expe rts. <Amended by Presidential Decree No. 20345, 
Oct. 26, 2007>  
(4) The Conciliation Panel may prepare a proposal of conciliation, present it to the parties concerned, 
and recommend them to accept it.  (5) If conciliation is concluded pursuant to Artic le 29 (1) of the Act, the Committee shall report it 
without delay to the Commissioner of the Korean In tellectual Property Office, and shall manage and 
preserve a protocol and other records concerning su ch conciliation. <Amended by Presidential Decree 
No. 14700, Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>  Article 33 (Executive Secretary and Clerical Staff Members) 
 
(1) The Committee shall have one executive secretar y and a few clerical staff members. <Amended 
by Presidential Decree No. 20345, Oct. 26, 2007>  (2) The Commissioner of the Korean Intellectual Prop erty Office shall appoint the executive secretary 
and clerical staff member s from among public officials who are in charge of layout-design registration 
of establishment under Article 21 of the Act.  <Amended by Presidential Decree No. 14700, 
Jul. 1, 1995; Presidential Decree No. 16045, Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007>  (3) The executive secretary shall manage the gene ral affairs of the Committee in accordance with 
orders issued by the chairperson and sha ll be assisted by clerical staff members. 
 Article 34 (Detailed Operation Regulations) Matters necessary for the operation of the Committ ee, other than the matters prescribed by this 
Decree, shall be determined by the chairpers on through the decisions by the Committee. <Amended 
by Presidential Decree No. 14700, Jul. 1, 1995; Presidential Decree No. 20345, Oct. 26, 2007> 
 
CHAPTER IV SUPPLEMENTARY PROVISIONS Article 35 (Certificate of Layout-Design Registration) The following matters shall be entered in a certificate of layout-design registration under 
Article 21 (3) of the Act (hereinafter referred to as a "certificate of layout-design registration") : 
<Amended by Presidential Decree No. 14700, Jul.  1, 1995; Presidential Decree No. 16045, 
Dec. 31, 1998; Presidential Decree No. 20345, Oct. 26, 2007; Presidential Decree No. 20729, Feb. 29, 2008> 1. The holder of a layout-design right; 2. The registration number and registration date of a layout-design right; 3. Other matters prescribed by Ordinance of the Ministry of Knowledge Economy.  
 
Article 36 (Perusal, etc. of Original Register)  (1) If there is a request falling under any of the fo llowing subparagraphs pursuant to Article 21 (4) of 
the Act, the Commissioner of the Korean Intell ectual Property Office shall respond without delay 
unless any extraordinary ground exists: <Amended by  Presidential Decree No. 14700, Jul. 1, 1995; 
Presidential Decree No. 16045, Dec. 31, 1998; Pr esidential Decree No. 20345, Oct. 26, 2007> 
1. Request for a certified copy or an extract of the original register; 2. Request for perusal or reproduction of a certificate of layout-design registration, a written application for registration of establishment or a wr itten application for regi stration under Article 17 
and materials and documents attached thereto: Pr ovided, That only a rightful person of a layout-IP/N/1/KOR/L/2 
Página 27 
 
 
design may make a request for perusal or reproducti on of a certificate of layout-design registration or 
a layout-design file.  (2) Perusal under paragraph (1) shall be made in  a designated place in the presence of the public 
official concerned. <Amended by Presidential Decree No. 20345, Oct. 26, 2007> 
 
Article 37 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997>  Article 38 Deleted. <by Presidential Decree No. 16045, Dec. 31, 1998>  
Article 39 (Administration of Layout-Design Files) 
The Commissioner of the Korean Intellectual Prope rty Office shall keep layout-design files submitted 
pursuant to Article 11 (2) in custody so that c onfidentiality may be maintained and take necessary 
measures for security. [This Article Newly Inserted by Presiden tial Decree No. 20345, Oct. 26, 2007]  
 
ADDENDA  (1) (Enforcement Date) This Decree shall enter into force on September 1, 1993. 
 (2) (Provisions on Enforcement Date of the Ac t on Layout-Designs of Semiconductor Integrated 
Circuits) Under paragraph (1) of the Addenda, the Act on the Layout-Designs of Semiconductor 
Integrated Circuits (Act No. 4526) sha ll enter into force on September 1, 1993. 
 ADDENDUM <Presidential Decree No. 14700, Jul. 1, 1995> This Decree shall enter into force on July 1, 1995. 
 
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997> This Decree shall enter into  force on January 1, 1998. 
 ADDENDUM <Presidential Decree No. 16045, Dec. 31, 1998> This Decree shall enter into  force on January 1, 1999. 
 
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004> This Decree shall enter into for ce on the date of its promulgation. 
 ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006> 
This Decree shall enter into for ce on the date of its promulgation. 
 ADDENDA <Presidential Decree No. 20345, Oct. 26, 2007> Article 1 (Enforcement Date) This Decree shall enter into force on October 28, 2007.  
Article 2 (Applicability to Application, etc. for Registration of Creation of Layout-Design Rights) 
Parts concerning layout-design files of the amende d provisions of Articles 11, 12 and 36 shall apply 
beginning from the first application for registration of establishment of a layout-design right made after this Decree enters into force.  
ADDENDA <Presidential Decree No. 20729, Feb. 29, 2008> 
Article 1 (Enforcement Date) This Decree shall enter into for ce on the date of its promulgation. 
 Articles 2 and 3 Omitted. 
 IP/N/1/KOR/L/2 
Página 28  
 
ADDENDA <Presidential Decree No. 21369, Mar. 25, 2009> Article 1 (Enforcement Date) This Decree shall enter in to force on March 27, 2009. 
 Article 2 (Applicability) 
The amended provision of the proviso to Article 22 sh all apply beginning with the first application for 
registration after this Decree enters into force.  ADDENDUM <Presidential Decree No. 21901, Dec. 22, 2009> This Decree shall enter into for ce on the date of its promulgation. 
 
ADDENDA <Presidential Decree No. 22151, May 4, 2010> Article 1 (Enforcement Date) This Decree shall enter into force on May 5, 2010.  
Articles 2 through 4 Omitted. 
 
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