WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/IIKOR/D/l 
16 March 2000 
(00-1071) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
The present document reproduces the textl of the Design Act and the Enforcement Decree of 
the Design Act, as notified by the Republic of Korea under Article 63.2 of the Agreement (see 
document IP/N/1/KORll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE DE COREE 
Le present document contient le textel de la Loi sur les dessins et modeles et du Decret 
d'application y relatif, notifiees par la Republique de Coree au titre de l'article 63:2 de I'Accord (voir 
le document IP/N/l/KORll). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
REPUBLICA DE COREA 
En el presente documento se reproduce el textol de la Ley de Dibujos y Modelos Industriales 
y de su Decreto de aplicaci6n, notificados por la Republica de Corea de conformidad con el parrafo 2 
del articulo 63 del Acuerdo (vease el documento IP/N/lIKORll). 
I In English only'/En anglais seulenent.!En ingles solamente. IP/N/IIKOR/D1l 
Page 2 
DESIGN ACT 
Act No. f61, Prarulgated en Dec. 31, 1961 
As Last hnerrled by kt No. 535:t, Aug. 22, 1997 
CBAPTERI ___________________ ----------------5 
GENERAL PROVISIONS ________________________ 5 
Article .. L ..... Purpo..s.e ________________________________________ 5 
Article 2 Definitions ______________________________________ 5 
Article 3 Persons Entitled to Obtain Design Registration __________________ 5 
Article 4 Mutatis Mutandis Application of Provisions of tbe Patent Act ________ 6 
CHAPTERll 6 
REGISTBABUITY OF DESIGNS ANV APPLICATIONS FOR REGISTRATION _______ 6 
Article 5 Registrability of Designs _______________________ 6 
ArticLe..6 ..... _ .. Unr.e.gis.t.I:able.Designs 6 
Article 7 Similar Designs 6 
Article 8 Exception to Loss of Noyelty 7 
Article 9 Applications for Registration 7 
Artide . .1U ....... JDintAp.p.lication 8 
Article 11 Scope of One Application 8 
Article 11bis Application for Multiple Design Registration 9 
Article 12 Design of a Set of Articles 9 
Article 13 Secret Designs 9 
Article..l:L .... Ap-P.lication..fJlr.the . .Re.gi~tration.JlLa.D.esign.FiLe.d.b.y .. an .. UneniitledJ~J!rso.ll;_ 
P.I:otet,tio.ll.of.Ac.tfulRolde.Lof.Right 10 
Article 15 Design Registration Granted to Unentitled Person; ProtectiDn of ActfuLHolde.r.fiL 
~ __________________________________________ 10 
Article 16 First-to-File Rule ________________________ 11 
Article 17 Amendment of procedure 11 
Article 18 Amendment to Application and Change of Gist 12 
Artide . .12 ....... Dhis.inn.of..ApplkatiD..us.fo.I:,the.Registr.atinn.oill.esigns 12 
Article 20 Conversion of Application 12 
Article 20bis Conversion of Application for Registration of IInexamined Designs, ete. 13 
Article 21 Conversion of Patent or Utility Model Application into Applicatioo for the 
Registration of a Design 13 
ArticLe..22_ .. __ Sp.edal.P.I:ollsions .. CD..nceming.Com:ersion..oLan.Ap.p.lication.. .... Relating.,tn.an. 
International Application 14 
Article..2.3. .. __ ._PriomY.C.laiDl.un.de.LTreatY- 14 
nA~rt~i~cl~e~2~3~b~is __ ~L~a~)~'jn~g~Oqp~eBn~o~f~A~pqpuli~cAatlliownu__________________ 15 IP/N/IIKOR/D/l 
Page 3 
Article 23ter Effects of Laying Open Aplllications 16 
Artkle.23.<l1ulter.. ... .Tr.ans.fcr •. cJc ... oJ..RigbJJu.Obtain.RegistratioJl.ofDc..s.ign _______ 16 
Article 24 Mutatis Mutandis Aplllication of Provisions of the Patent Act 17 
.(;!1tJP.IIIKJ!J"--- _________________________ 17 
EXAMINA UON 17 
Artkk25 ....... Ex.aminatioRby.Examiner 17 
Article 26 Ruling of Refusal 17 
Article 27 Notification of Reasons for Refusal 18 
Article 28 Ruling to Grant a Design Registration 18 
ArtkLe.29. ........ Metho.d .. of.Ruling 18 
ArticLc.2.2his ........ Oppositio.nJo.Re.gis.tratioR.QfJlnex.amined.De.sign 18 
Article 29ter Amendment to Grounds for Opposition to Registration of IInexamined Designs, dL _________________________________________________________ 19 
Article 29quater Collegial Body for Examination and Decision, etc. 19 
Article 29quinquies Decision on Opposition to Registration of Unexamined Designs 20 
CHAPTERIV _____________________________ 20 
REGISIRAILQN.FEESAN]) .. REGlSTBATlQN..QEDESIGNS 20 
nA~rt~i~cI~e~3~1_~D~e~s~ign~R~eg~i~st~rAatlli~on~F~ee~s, ______________________ 20 
Article 32 Payment of Registration Fees by an Interested Party ___________ 21 
Article 33 Late Payment of Registration Fees 21 
Article 34 Official Fees 21 
ArtkLc.3.5 ........ Reductiun.o.r.Ex.emptioJl.ofRe.gis.tra.tiQRF.ees .. o.cQfficiaLEec.s 21 
Article 36 Refund of Registration Eees, etc. 22 
Article 37 Design Register 22 
Article 38 Issuance of Design Registration Certificate 23 
~C~H~A~P~T~E~R~V_____________________________ ______ 23 
~D~E~S~IG~N~R~IG~H~T. __________________________ 23 
Article 39 Registration of Establishment of Design Right _____________ 23 
Arti.cle .. 4jL ..... Term.of.De.sign.Right 24 
Article 41 Effects of Design Right 24 
Article 42 Design Right Relating to Similar Designs 24 
Article 43 Scope of Protection of Registered Designs 24 
ArtkLc.4:L._ .. Limitatio.n.s...ofD.cs.ign.Right 24 
Article 45 Relationship with Another Registered Design 25 
""A ... rt ..... i ... cI .... ec.:J4"'6'---"A ..... s""s""lig"..nwmwe ... n ..... t....,awnWdu.Ju.owinwtwO"'-llw.un""er....,swh.qip,-,ollJfuDlL'e ... s~ign~RU&l'ig ... h ... t. ____________ 25 
Article 47 Exclusive License 26 ----------------------IPINIlIKORlDIl 
Page 4 
Article 48 Deleted __________________________ 26 
Artick.49. ........ Nnn:.cxdush:e.License 26 
~A~rt~i~cl~e~5illO~JN~o~n£-~exM·cdlu~sHh~·e~L~ic~e~n~se~b~)~·~V~irt~u~e~·~ofLPLUri~oLr~U~s~e. ________________ 27 
Article 51 Non-exclusive License Dlle to WOrking Prior to Registration of Demand for 
Inralidation Trial 27 
Article 52 Non-exclusire License After Expiration of Design Right, etc. _______ 28 
Article 53 Abandonment of Design Right 28 
ArticLe..5::L ..... Restrictio.n.onAbandonm.e.nt..of.De..sign.Right,.etc. 28 
Article SS Effect of Abandonment ____________________ 29 
Article 56 Pledge ___________________________ 29 
Article 57 Subrogation for Right of Pledge 29 
Artide .. 51L .... N.on:.e.x.c.lush:e.Liceme .. W.hen.Tran.sfe..rring.the.De.s.ign.Right..bJ:.Ex.crdsing.thc . 
.fLedge.Right 29 
Article 59 Extinguishment of Design Right jn Absence of Successor _________ 29 
Article 60 Report on Working of Registered Design 29 
Article 61 Mutatis Mutandis Applicatjon of Provisions of the Patent Act 29 
CHAPTER V1 ___________________________ 30 
PROTECVON OF OWNER OF DESTGN RIGHT 30 
Article 62 Injunction Against Infringement, etc. _______________ 30 
Article.6.L_ ... Acts.D.ecmed.to .. b.e.lnfringing _________________ 30 
Article 64 Presumption, etc., of Amount of Damage 30 
Article 65 Presumption of Negligence 31 
Article 66 Measures for Recovery of Reputation of Owner of Design Right, etc. 31 
Article 67 Mutatis Mutandis Applicatioo of Prmisions of the Patent Act 31 
CHAPTER VII 31 
~ __________________________________________ 31 
Article 68 Invalidation Trial of Design Registration ______________ 31 
Article 69 Trial to Confirm the Scope of a Design Right 32 
Artide .. 70_IriaLfor .. GrantingNnn:.ex.c.lush:e.Licen.se 32 
Article 71 Deleted 33 
Article 72 Mutatis Mutandis Application of Provisions of the Patent Act 33 
CHAPTER V1l 33 
RETRMLANQLITIGATIQE ______________________________________ 33 
Article 73 Request for Retrial _______________________ 33 
Article 7.t Restriction on Effects of Design Rights Restored by Retrial 33 
Article 75 Mutatis Mutandis Application of Prmisioos of the Patent Act 34 
CBAPTERI¥ _______________________________ 34 IP/N/IIKORIDIl 
Page 5 
SUPPLEMENTARY PRO VISWNS 34 
Artide .. 16 ........ ln.sp.cctiDll.ofD.ucum.ellts ___________________ 3~ 
Article 77 Prohibition of Opening or Removal of Design Register and Documents Relating to 
Application, Examination, OJlllOsition, Trial or Retrial 35 
Article 78 Design Gazette _______________________ 35 
Article 79 Design Registration Marking __________________ 36 
Article 80 Prohibition of False Marking 36 
Artide.8J ..... Mut.atis..MII.t{lU.dis..Ap.pJicatiQR.uLPrm:isi.Qns. HLtne.P.atentAct 36 
CHAPTEBX ___________________________ 36 
PENAL.PRQJ!lSIONS 36 
Article 82 OtIense of Infringement ____________________ 36 
Article 83 Offense of Perjury 37 
Article 84 Offense of False Marking 37 
Atlide .. 85. ..... _.Dffens.c.of.F..raud 37 
Article 86 Offense of Dhulging Secrets 37 
Article 87 Dual Liability 38 
Article 88 Administrative Fine 38 
Article 89 Mutatis Mutandis Application of Pm,jsions of tbe Patent Act 39 
ADDENDA ________________________________________________ 39 IPINIlIKOR/D1l 
Page 6 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 Purpose 
The purpose of this Act shall be to encourage the creation of designs by 
ensuring their protection and utilization, so as to contribute to the 
development of industry. 
Article 2 Definitions 
The definitions of the terms used in this Act shall be as follows: 
( i ) "design" means the shape, pattern or color or a combination of these 
in an article which produces an aesthetic impression in the sense of sight; 
( i i) "registered design" means a design for which a design registration 
has been granted; 
(iii) "registration of design" means registration of examined or 
unexamined designs; 
(iv) "registration of examined design" means registration of designs, 
subject to examination as to whether they are completely qualified for 
registration; 
( v) "registration of unexamined design" means registration of designs, 
subject to examination as to whether they are qualified in part for 
registration: whether the application for registration of designs satisfies 
formal requirements for registration, or whether the designs concerned 
have possibility of disturbing public order or good morals; and 
(vi) "working" of a design means any act of manufacturing, using, 
assigning, leasing, importing, or offering for assigning or leasing (including 
the displaying for the purpose of assignment or lease) the article to which 
the design has been applied. 
Article 3 Persons Entitled to Obtain Design Registration 
(1) Any person who creates a design or his successor shall be entitled to 
obtain a design registration therefor in accordance with this Act; however, 
employees of the Korean Industrial Property Office and the Industrial 
Property Tribunal shall not be entitled to obtain design registrations during 
their employment at the Office except in the case of inheritance or bequest. 
(2) If two or more persons jointly create a design, the right to obtain a design 
registration shall be jointly owned. IPINIlIKOR/D/l 
Page 7 
Article 4 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Articles 3 to 28 of the Patent Act shall apply mutatis 
mutandis to designs. 
CHAPTER 11 
REGISTRABILITY OF DESIGNS AND APPLICATIONS FOR 
REGISTRATION 
Article 5 Registrability of Designs 
(1) Designs which are industrially applicable may be registered unless they 
fall under any of the following subparagraphs: 
( i ) the design was publicly known or publicly worked in the Republic of 
Korea or in a foreign country prior to the filing of the design application; 
( i i) the design was described in a publication distributed in the Republic 
of Korea or in a foreign country prior to the filing of the design 
application; or 
(iii) the design is similar to a design referred to in subparagraph (i) or (ii). 
(2) Where a design could easily have been created by a person having 
ordinary skill in the art to which the design pertains, on the basis of a shape, 
pattern or color or a combination thereof widely known in the Republic of 
Korea (other than a design referred to in any of the subparagraphs of 
paragraph (1)) prior to the filing of the design application, a design 
registration shall not be granted for such a design notwithstanding paragraph 
(1 ). 
Article 6 Unregistrable Designs 
Notwithstanding Article 5, the following designs shall not be registerable: 
( i ) designs which are identical or similar to the national flag, national 
emblem, military flags, decorations, orders of merit, badges and medals of 
public organizations, national flags and national emblems of foreign 
countries, or characters or indications of international organizations; 
(ii) designs liable to contravene public order or morality; and 
(iii) designs liable to give rise to confusion with respect to articles 
connected with another person's business. 
Article 7 Similar Designs IPINIlIKORlDIl 
Page 8 
(1) The owner of a design right or an applicant for the registration of a design 
is entitled to obtain the registration of a design which is similar only to his 
registered design or design far which a registration is applied (hereinafter 
referred to as "principal design") as a similar design (hereinafter referred to 
as "similar design"). 
(2) Paragraph (1) shall not apply in the case of a design that is similar only to 
a similar design registered or applied for registration under paragraph (1). 
Article 8 Exception to Loss of Novelty 
(1) Where a design owned by a person entitled to a design registration falls 
within each subparagraph of Article 5(1), it is deemed that each 
subparagraph of Article 5(1) shall not apply to a design application filed 
within six months from the applicable date of each subparagraph of Article 
5(1). 
(2) A person wishing to be subject to paragraph (1) shall submit an 
application for design registration together with documents specifying the 
purpose of the claim to the Commissioner of the Korean Industrial Property 
Office, and submit documents proving the relevant facts within thirty days 
from the date of application for design registration; however, this shall not 
apply where the designs concerned fall under each subparagraph of Article 
5(1) against his will. 
Article 9 Applications for Registration 
(1) Any person desiring to obtain a design registration shall file an application 
with the Commissioner of the Korean Industrial Property Office, stating the 
following: 
( i ) the name and the domicile of the applicant for registration of a design 
(in the case of a legal entity, the name and place of business and the 
name of its representative); 
( i i) the name and the domicile, or place of business, of the agent, if any; 
(iii) the date of filing of the application; 
(iv) the article which is the object of the design; 
( v ) the name and the domicile of the creator of the design; 
(vi) the registration or application number of the principal design (only 
when applying for a design registration as a similar design under Article 
7(1 )) 
(vii) matters prescribed in Article 23(3) (only when claiming a priority 
right). 
However, in case of a multiple design application pursuant to Article 11 bis, 
subparagraphs (iv) to (vii) shall not be stated. IP/N/IIKOR/D/l 
Page 9 
(2) The application under paragraph (1) shall be accompanied by a drawing 
of the design stating the following: 
( i ) the article which is the object of the design; 
( i i) an explanation of the design and essentials of the creation 
(iii) serial number of drawings of the design (only when applying for an 
application for multiple design registration under Article 11 (2)) 
(3) An applicant for registration of a design may submit a photograph, model 
or sample of the design instead of drawings as referred to in paragraph (2). 
(4) A person desiring to file an application for registration of unexamined 
designs shall indicate on the application for registration of designs whether 
an application for multiple design registration is to be made under Article 
11 (2), and the number of designs in addition to matters falling under each 
subparagraph of paragraph (1). 
(5) A person desiring to file an application for multiple design registration 
under Article 11 (2) shall file an application for registration of designs, 
together with a specification of multiple designs containing matters falling 
under each of the following subparagraphs: 
( i ) serial number of designs and drawings; and 
( i i) matters falling under subparagraphs (iv) to (vii) of paragraph (1). 
(6) Designs qualifying for registration of unexamined designs shall be limited 
to goods designated by the Ordinance of the Ministry of Trade, Industry and 
Energy from among goods classified by Article 11 (2). In the case of the 
designated goods, an application may be made only for registration of 
unexamined designs. 
(7) Matters other than those as prescribed in paragraphs (1) to (6), which are 
necessary for the application for design registration, shall be determined by 
the Ordinance of the Ministry of Trade, Industry and Energy. 
Article 10 Joint Application 
Where the right to obtain a design registration is jointly owned under Article 
3(2), all joint owners shall jointly file an application for the registration of the 
design. 
Article 11 Scope of One Application 
(1) An application for the registration of an examined design shall relate to 
one design only. IPINIlIKOR/DI 1 
Page 10 
(2) Any person desiring to file an application for the registration of a design 
may do so only with respect to the classes of articles prescribed by the 
Ordinance of the Ministry of Trade, Industry and Energy. 
Article 11 bis Application for Multiple Design Registration 
(1) An application for registration of unexamined designs may be made for 
twenty designs or less (hereinafter referred to as an "application for multiple 
design registration"). 
(2) The scope of designs qualifying for application for multiple design 
registration shall be designs applied to goods under the same classification 
from the classification of goods prescribed by the ordinance of the Ministry of 
Trade, Industry and Energy. 
(3) A person desiring to file an application for multiple design registration 
may make an application for registration of similar designs falling within the 
category of a principal design, together with the principal design. 
(4) Where a person makes an application for multiple design registration of 
his registered designs or designs similar to those for which an application is 
made for registration, he may make an application for multiple design 
registration only with respect to similar designs belonging to one principal 
design, notwithstanding the provisions of paragraph (3). 
Article 12 Design of a Set of Articles 
(1) In the case of a design relating to articles of two or more kinds that are 
customarily sold or used together as a set of articles, an application for the 
registration of a design may be filed for one design, provided that the set of 
articles constitutes a coordinated whole. 
(2) Sets of articles referred to in paragraph (1) shall be governed by the 
Ordinance of the Ministry of Trade, Industry and Energy. 
(3) An application for the registration of a design under paragraph (1) may be 
granted only where the design incorporated in the articles forming the set of 
articles falls under the provisions of Article 5,6,16(1) and (2). 
Article 13 Secret Designs 
(1) An applicant for the registration of a design may request that the design 
be kept secret for a period which shall be deSignated in the request and 
which shall not exceed three years from the date on which the establishment 
of the design right was registered; for a design for which an application for 
multiple design registration has been made, the request shall be made for all designs for which an application for registration is made. IP INIlIKORIDIl 
Page 11 
(2) A person desiring to make a request under paragraph (1) shall, at the 
time of filing of the application for registration of a design, submit to the 
Commissioner of the Korean Industrial Property Office a document stating 
the designated period. 
(3) The applicant for the registration of a design, or the owner of a design 
right, may reduce or extend the period designated by him under paragraph 
(1) by a request. Where he extends that period, it shall not exceed three 
years from the date of registration of the establishment of the design right. 
(4) In any of the following cases, the Commissioner of the Korean Industrial 
Property Office shall allow persons to have access to a design kept secret 
under paragraph (1): 
( i ) where the request is made by a person who has obtained the consent 
of the owner of the design right; 
( i i) where the request is made by a party or an intervenor in examination, 
opposition to registration of unexamined design, trial, retrial or litigation 
proceedings relating to a design identical or similar to the design kept 
secret; 
(iii) where the request is made by a person who has clearly stated that he 
was warned of infringement of the registered design; or 
(iv) where the request is made by a court or the Industrial Property 
Tribunal. 
(5) In the case of a request for laying-open of application under Article 23(2), 
the request pursuant to paragraph (1) shall be deemed to have been 
withdrawn. 
Article 14 Application for the Registration of a Design Filed by an 
Unentitled Person; Protection of Actful Holder of Right 
If the registration of a design cannot be granted on the ground that an 
application has been filed by a person who has not succeeded to the right to 
obtain a design registration or who has laid a false claim to such right 
(hereinafter referred to as "the unentitled person"), a subsequent application 
filed by the Actful holder of the right shall be deemed to have been filed on 
the date of the application previously filed by the unentitled person. 
However, this provision shall not apply, where the subsequent application is 
filed by the Actful holder of the right more than thirty days after the 
application by the unentitled person was rejected. 
Article 15 Design Registration Granted to Unentitled Person; Protection of 
Actful Holder of Right IP/N/1/KOR/D/1 
Page 12 
If a design registration is revocated or invalidated by a trial decision under 
the provisions of Article 68(1 )(ii), a subsequent application for the registration 
of a design filed by the Actful holder of the right shall be deemed to have 
been filed on the date of filing of the application which led to the grant of the 
design registration that was revocated or invalidated; however, this provision 
shall not apply if the subsequent application is filed more than thirty days 
after the decision to revocate or to invalidate it became final and conclusive. 
Article 16 First-to-File Rule 
(1) Where two or more applications for the registration of a design relating to 
the same or a similar design are filed on different dates, only the applicant 
filing the application having the earlier filing date may obtain a design 
registration for the design. 
(2) Where two or more applications for the registration of a design relating to 
the same or a similar design are filed on the same date, only the person 
agreed upon by all applicants after consultation may obtain a design 
registration for the design and, if no agreement is reached or no consultation 
is possible, none of the applicants shall obtain a design registration therefor. 
(3) Where an application for the registration of a design is withdrawn or 
invalidated, such application shall, for the purposes of paragraphs (1) and (2), 
be deemed never to have been filed. 
(4) An application for the registration of a design filed by a person who is not 
the creator of the design, nor the successor in title to the right to obtain 
design registration shall, for the purposes of paragraphs (1) and (2), be 
deemed never to have been filed. 
(5) The Commissioner of the Korean Industrial Property Office shall, in the 
case provided for in paragraph (2), order the applicants to notify him of the 
results of the consultation within a designated period. If such a report is not 
submitted within the period designated, the applicants shall be deemed not 
to have concluded to an agreement within the meaning of paragraph (2). 
Article 17 Amendment of Procedure 
The Commissioner of the Korean Industrial Property Office or the presiding 
trial examiner may order correction of a procedure relating to a design within 
a designated period: 
( i ) where the requirements of Article 3(1) or (6) of the Patent Act applied 
under Article 4 of this Act have not been complied with; 
( i i) where the procedure has not complied with the formalities specified in 
this Act or a Presidential Decree; or IP/N/IIKORlDIl 
Page 13 
(iii) where the fees required in accordance with Article 34 have not been 
paid. 
Article 18 Amendment to Application and Change of Gist 
(1) An applicant for the registration of a design may amend the specification 
or drawing attached to an application, provided that the gist of the 
specification and the drawing originally attached to the application have not 
changed, before the transmittal of the examiner's first decision with respect 
to the original application. However, if a request for a trial against the 
examiner's decision of rejection is filed, the applicant may amend the 
specification or drawing within thirty days from the filing date of such request. 
(2) Where an amendment under paragraph (1) is recognized as a change of 
gist of the specification or drawing originally attached to the application after 
the date on which the establishment of the design right was registered, the 
application for registration of such design shall be deemed to have been filed 
at the date of filing of such amendment. 
Article 19 Division of Applications for the Registration of Designs 
(1) A person falling under any of the following subparagraphs may devide his 
application for the registration of designs into two or more applications. 
( i ) a person who has made an application for registration of two or 
more designs in contravention of Article 11 ; 
( i i) a person who has made an application for multiple design 
registration; or 
(iii) a person who has made an application for registration of design for a 
set of articles under Article 12(1). 
(2) Such divisional applications shall be deemed to have been filed at the 
time of filing of the original application. However, this provision shall not 
apply for the purposes of Article 8(2) or Article 23(3) and (4). 
(3) A division of an application for the registration of a design under 
paragraph (1) may be made within the time limit provided for amendment 
under Article 18(1). 
(4) Where an application relating to a set of articles under Article 12(1) has 
been divided into two or more applications under paragraph (1), the original 
application shall be deemed to have been withdrawn. 
Article 20 Conversion of Application 
(1) An applicant may convert his application for registration of a similar IP/N/l/KORIDIl 
Page 14 
design into an application for registration of an independent design. In such 
a case, the application for registration of an independent design shall be 
deemed to have been filed at the time of filing of the application for 
registration of a similar design. However, this provision shall not apply for 
the purposes of Article 8(2) or Article 23(3) and (4). 
(2) An applicant may convert his application for an independent design into 
an application for registration of a similar design. In such a case, the 
application for registration of a similar design shall be deemed to have been 
filed at the time of filing of the application for registration of an independent 
design. However, this provision shall not apply for the purposes of Article 
8(2) or Article 23(3) and (4). 
(3) No conversion of an application under Paragraphs (1) and (2) may be 
made after an examiner's ruling or a trial decision on the initial application for 
the design or similar design registration becomes final and conclusive. 
(4) If a conversion of an application is made under paragraphs (1) and (2), 
the initial application for the design or similar design registration shall be 
considered to have been withdrawn. 
Article 20bis Conversion of Application for Registration of Unexamined 
Designs, etc. 
(1) Where a person makes an application for registration of unexamined 
designs in respect of articles subject to registration of examined designs, or vice 
versa, in contravention of Article 9(6), he may convert the application for 
registration of design into an application for registration of unexamined or 
examined designs. 
(2) An application for registration of design converted by paragraph (1) shall be 
deemed to have been made when an initial application for registration of design 
is made. However, this shall not apply for the purposes of Article 8(2) or Article 
23(3) and (4). 
(3) A conversion application under paragraph (1) may not be made after the 
ruling or decision on the initial application for registration of design has been 
made. 
(4) In the case of a conversion application under paragraph (1), the initial 
application for registration of design shall be deemed to have been withdrawn. 
Article 21 Conversion of Patent or Utility Model Application into 
Application for the Registration of a Design 
(1) An applicant for a patent or the registration of a utility model may convert 
his patent or utility model application into an application for registration of a IP/NIlIKORlDI 1 
Page 15 
design. However, the conversion shall not be carried out after the expiry of 
thirty days after the service of the examiners' first decision rejecting the 
patent or utility model application. 
(2) Where such conversion of an application is carried out pursuant to 
paragraph (1), the application for registration of a design shall be deemed to 
have been filed at the time of filing of the patent or utility model application. 
However, this provision shall not apply for the purposes of Article 8(2) or 
Article 23(3) and (4). 
(3) Where such conversion of an application is carried out pursuant to 
paragraph (1), the patent or utility model application shall be deemed to have 
been withdrawn. 
(4) The thirty day period prescribed in the provision of paragraph (1) shall, 
when the time limit for filing a trial against a rejection of an application has 
been extended in accordance with Article 15(1) of the Patent Act or Article 
15(1) of the Patent Act applied mutatis mutandis under Article 3 of the Utility 
Model Act, be deemed to have been extended likewise. 
Article 22 Special Provisions Concerning Conversion of an Application 
Relating to an International Application 
(1) Notwithstanding Article 21, an international application considered to be a 
patent application under Article 199(1) of the Patent Act may not be 
converted into an application for the registration of a design before the fees 
under Article 82(1) of the said Act have been paid, and the translated version 
under Article 201 (1) of the said Act has been submitted (in respect of an 
international application considered to be a patent application under Article 
214(4), before the decision under the said Article has been made). 
(2) Notwithstanding Article 21, an international application considered to be 
an application for the registration of a utility model may not be converted 
before the fees under Article 17(1) of the Utility Model Act have been paid, 
and the translated version under Article 37(1) of the said Act has been 
submitted (in respect of an international application considered to be an 
application for the registration of a utility model under Article 44(4) of the said 
Act, before the decision under the said Article has been made). 
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 the 
registration of a design in the Republic of Korea on the basis of the prior 
application for the same design filed in his country or in one of said countries, 
the filing date of the prior application in the foreign country shall be deemed IP INIlIKOR/D1l 
Page 16 
to be the filing date in the Republic of Korea for the purposes of Articles 5(1) 
and 16. Where a national of the Republic of Korea has filed an application for 
the registration of a design in a country which recognizes, under a treaty, a 
right of priority for an application for the registration of a design filed by 
nationals of the Republic of Korea, and claims the right of priority for the 
application for the registration of a design in the Republic of Korea on the 
basis of the prior application for the same design in said country, this 
provision shall also apply. 
(2) A person intending to claim a right of priority shall file an application for 
the registration of the design Within six months from the filing date of the prior 
application serving as the basis for claiming the right of priority. 
(3) A person intending to claim a right of priority in accordance with 
paragraph (1) shall, at the time of filing the application for the registration of a 
design, specify such claim, the name of the country in which the prior 
application was filed, and the filing date of such application, in the application 
for the registration of a design. 
(4) A person who has claimed a right of priority in accordance with paragraph 
(3) shall submit a written statement setting forth the filing date of the 
application, certified by the government of the country where the prior 
application was filed, and a certified copy of the drawing of the design, to the 
Commissioner of the Korean Industrial Property Office within three months 
from the filing date of the application for registration of a design. 
(5) Where a person who has claimed a right of priority in accordance with 
paragraph (3) fails to submit the document prescribed in paragraph (4) within 
the required time limit, the claim to the right of priority shall lose its effect. 
Article 23bis Laying Open of Application 
(1) An applicant for a registration of examined design may request the laying 
open of his/her application by the Ordinance of the Ministry of Trade, 
Industry and Energy. 
(2) Where the request for the laying open of an application is made under 
paragraph (1), the Commissioner of the Korean Industrial Property Office 
shall lay open the design application in the Design Gazette in accordance 
with Article 78. However, the Commissioner of the Korean Industrial 
Property Office may not lay open the application in cases where the design 
falls under any of the following subparagraphs: 
( i ) is liable to contravene public order or morality; or 
( i i) should be kept secret under Article 41 of the Patent Act, applied 
mutatis mutandis under Article 24 of the Design Act. 
(3) The request for the laying open of an application prescribed in paragraph IP/N/IIKOR/D/l 
Page 17 
(1) shall not be available after initial certified copies of the decision on the 
application for the design registration have been transmitted. 
(4) Any person may, when the application is published under paragraph (1), 
furnish the Commissioner of the Korean Industrial Property Office with 
information, together with evidence to the effect that the design concerned is 
unregistrable under Articles 5, 6 or 16. 
Article 23ter Effects of Laying Open Applications 
(1) After an application is laid open, the applicant may give warning to any 
person who has commercially or industrially worked the filed design or a 
design similar thereto, in writing, indicating that an application for registration 
of the design has been filed. 
(2) The applicant may demand a person, who has been warned under the 
provisions of paragraph (1), or worked the filed design or a design similar 
thereto knowing that the invention has been laid open, to pay compensation 
in an amount equivalent to what he would normally receive for the working of 
the registered design or a design similar thereto as of the time of warning or 
the time when he/she became aware of the fact that the design application 
had been filed to the time of registration of the filed design. 
(3) The right to demand compensation under paragraph (2) may be 
exercised only after registration of the filed application. 
(4) The exercise of the right to demand compensation under paragraph (2) 
shall not preclude the exercise of the design right. 
(5) Articles 63 and 67 of the Design Act and Articles 760 and 766 of the Civil 
Code shall apply mutatis mutandis to the exercise of the right to demand 
compensation under paragraph (1). In such case, "the time when the 
damaged party or his legal representative became aware of such damage 
and of the identity of the person causing it" in Article 766 of the Civil Code 
shall read "the date of registration of the design right". 
Article 23quater Transfer, etc. of Right to Obtain Registration of Design 
(1) The right to obtain registration of a design may be transferable. 
However, the right to obtain a prinCipal design and the right to obtain a 
similar design shall be transferred together. 
(2) The right to obtain the registration rights of designs may not be pledged. 
(3) Where the ownership of the right to obtain registration of a design is held 
jointly by two or more persons, none of the joint owners may assign his/her 
share without obtaining consent from all the other joint owners. IP/N/1/KOR/D/l 
Page 18 
Article 24 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Articles 38 to 41 and 51 of the Patent Act shall apply 
mutatis mutandis to the registrability of designs and to applications for the 
registration of a design. 
CHAPTER III 
EXAMINATION 
Article 25 Examination by Examiner 
(1) The Commissioner of the Korean Industrial Property Office shall have 
applications for the registration of a design examined by an examiner. 
(2) The qualifications for the examiners shall be prescribed by Presidential 
Decree. 
Article 26 Ruling of Refusal 
The examiner shall make a ruling to refuse an application for the registration 
of a design where it falls under any of the following subparagraphs 
(hereinafter referred to as "reasons for refusal"): 
( i ) Where the design in the application for registration of a design is not 
registrable in accordance with Articles 3,5 to 7,9(6), 10 to 12, 16(1) and 
(2) of the Design Act or Article 25 of the Patent Act as applied under 
Article 4 of the Design Act; 
( i i) Where drawings, photographs of the design, models, or samples 
submitted according to Article 9(2) or (3) are contrary to the requirements 
as prescribed by the Ordinance of the Ministry of Trade, Industry and 
Energy under Article 9(7); 
(iii) Where an application for registration of design is filed by a person 
who is not entitled to such right; 
(iv) Where an application for registration of a design is in violation of the 
provisions of a treaty; or 
( v ) Where an application for registration of a similar unexamined design 
falls under any of the following subparagraphs: 
(a) where a design which is registered as a similar design or a design 
for which an application for registration of a similar design is filed, is 
indicated as a principal design; 
(b) where the term of the design right of a principal design has expired; or IP/N/IIKORIDIl 
Page 19 
(c) where an application for registration of an unexamined design for a 
principal design has been withdrawn or abandoned, or where a 
ruling of refusal becomes final and conclusive. 
(2) Notwithstanding paragraph (1), Articles 5, 6(i) and (iii), 7,11(1),12,16(1) 
and (2) shall not apply to applications for the registration of unexamined 
designs. 
Article 27 Notification of Reasons for Refusal 
(1) When the examiner intends to make a ruling of refusal under Article 26, 
he shall notify the reason for refusal (referring to reasons falling under any of 
the subparagraphs of Article 26(1), hereinafter referred to as "reason for 
refusal") to the applicant for design registration, and give him an opportunity 
to submit a written opinion within a designated time limit. 
(2) Where there are reasons for refusal with respect to some of the designs 
in an application for multiple design registration, the serial number of the 
designs concerned and the reasons for refusal shall be indicated. 
Article 28 Ruling to Grant a Design Registration 
Where an examiner finds no reason for rejecting an application for the 
registration of a design, he shall render a ruling to grant a design registration. 
Article 29 Method of Ruling 
(1) The examiner's ruling shall be in writing and shall state the reasons 
therefor. 
(2) When the examiner's ruling has been made, the Commissioner of the 
Korean Industrial Property Office shall transmit a certified copy of the ruling 
to the applicant for design registration. 
Article 29bis Opposition to Registration of Unexamined Design 
(1) Within three months from the date of publication of the registration of an 
unexamined design, any person may file an opposition to the grant of the 
design right with the Commissioner of the Korean Industrial Property Office 
based on the ground that the registration falls under any of the 
subparagraphs of Article 68(1). For registration of designs under an 
application of multiple design registration, an opposition may be filed for 
each design. 
(2) A person filing an opposition to registration of an unexamined design IPINIlIKORlDI 1 
Page 20 
shall submit an application for opposition to registration of an unexamined 
design, to the Commissioner of the Korean Industrial Property Office which 
shall state the following, together with supporting evidence: 
( i) the name and address of the person filing the opposition to 
registration of an unexamined design and the agent (in the case of a legal 
entity, the title, place of business, and the name of its representative); 
( i i) the indication of the registered design(s) subject to the opposition to 
registration of the unexamined design; 
(iii) the purpose of the opposition to registration of the unexamined 
design; and 
(iv) the grounds for the opposition to registration of the unexamined 
design and indication of supporting evidences. 
(3) When an opposition to registration of an unexamined design is filed, the 
head of the collegial body of examiners under Article 29quater (hereinafter 
referred to as the "presiding trial examiner") shall transmit a certified copy of 
the opposition to registration of an unexamined design to the owner of the 
registered design right subject to the opposition and give him an opportunity 
to submit a written reply within a designated time limit. 
(4) The provision of Article 68(6) shall apply mutatis mutandis to the filing of 
an opposition to registration of unexamined design under paragraph (1). 
Article 29ter Amendment to Grounds for Opposition to Registration of 
Unexamined Designs, etc. 
A person filing an opposition to registration of an unexamined design may 
amend the grounds or evidence indicated on the written opposition to 
registration of an unexamined design within thirty days from the date of filing 
of said opposition. 
Article 29quater Collegial Body for Examination and Decision, etc. 
(1) A collegial body consisting of three examiners shall examine and decide 
an opposition to registration of an unexamined design. 
(2) The Commissioner of the Korean Industrial Property Office shall 
designate examiners constituting a collegial body for each opposition to 
registration of an unexamined design. 
(3) The Commissioner of the Korean Industrial Property Office shall appoint 
one of the examiners designated by paragraph (2) as a presiding examiner. 
(4) The provisions of Articles 144(2), 145(2) and 146 of the Patent Act shall 
apply mutatis mutandis to the collegial body of examiners and the presiding 
examiner. IP/N/IIKORlDIl 
Page 21 
Article 29quinquies Decision on Opposition to Registration of Unexamined 
Designs 
(1) The examiner shall make a decision on the opposition to registration of 
an unexamined design after the time limits provided under Articles 29bis(3) 
and 29ter have lapsed. 
(2) Notwithstanding Article 29bis(3), where a person filing a opposition to 
registration of an unexamined design fails to submit the grounds and 
evidence thereon, the examiner may reject the opposition to registration of 
an unexamined design by decision after the time limits provided under the 
provisions of Article 29ter have lapsed. 
(3) Where it is deemed that an opposition to registration of an unexamined 
design has merit, a decision of revocation of the registered design shall be 
made (hereinafter referred to as a "decision of revocation".) 
(4) Where a decision of revocation becomes final and conclusive, the design 
right shall be deemed never to have existed. 
(5) Where it is deemed that the opposition to registration of an unexamined 
design has no merit, a decision to maintain the registered design shall be 
made. (hereinafter referred to as a "decision of maintenance") 
(6) No appeal shall be made against a decision of rejection and/or 
maintenance to an opposition to the registration of an unexamined design. 
Article 30 Mutatis Mutandis Application of Provisions of the Patent Act 
(1) The provisions of Articles 58, 61, 68 and 78 of the Patent Act shall apply 
mutatis mutandis to examination of applications for the registration of a 
design. 
(2) The provisions of Articles 72, 73, 75, 76, 78, 141 (1) to (3), 142, 154(8), 
157, 165(3) to (6), and 166 of the Patent Act shall apply mutatis mutandis to 
examination or decision of the opposition to registration of an unexamined 
design. 
\,.;HAPTERIV 
REGISTRATION FEES AND REGISTRATION OF DESIGNS 
Article 31 Design Registration Fees IP/NIl/KORlDIl 
Page 22 
(1) A person desiring to register the establishment of a design right, or the 
owner of a design right, shall pay the design registration fees (hereinafter 
referred to as "registration fees"). 
(2) Matters relevant to the payment of registration fees, including the method 
and time limits for payment of such fees under paragraph (1), shall be 
prescribed by the Ordinance of the Ministry of Trade, Industry and Energy. 
Article 32 Payment of Registration Fees by an Interested Party 
(1) Regardless of the intent of a person responsible for payment of 
registration fees, any interested party may pay such fees. 
(2) An interested party who has paid the registration fees in accordance with 
paragraph (1) may demand reimbursement of the fees from the responsible 
party if such party is currently making a profit. 
Article 33 Late Payment of Registration Fees 
(1) Any person wishing to register the establishment of a design right, or the 
owner of a design right, may make late payments of the registration fees 
within six months from the expiration of the payment period prescribed under 
Article 31 (2). 
(2) Where registration fees are paid late under paragraph (1), an amount 
equivalent to twice the registration fees shall be paid. 
(3) If the owner of the design right or person wishing to register the 
establishment of a design right fails to pay the registration fees within the 
extended period provided for under paragraph (1), the application for 
registration of a design shall be deemed to have been abandoned or the 
design right concerned shall be deemed to have been extinguished 
retroactively to the time when the initial period for payment of the fees 
expired. 
Article 34 Official Fees 
(1) A person who files an application for the registration of a design, makes a 
request or initiates any other procedure shall pay the official fees. 
(2) Matters relevant to the payment of official fees, including the method and 
time limits for payment of the fees under paragraph (1), shall be prescribed 
by the Ordinance of the Ministry of Trade, Industry and Energy. 
Article 35 Reduction or Exemption of Registration Fees or Official Fees IP/N/IIKORlDIl 
Page 23 
(1) Notwithstanding Articles 31 and 34, the Commissioner of the Korean 
Industrial Property Office shall grant an exemption from the payment of 
registration fees or official fees in the following situations: 
( i ) official fees or registration fees in relation to applications for the 
registration of a design or design rights belonging to the State; or 
( i i) fees for requests for an invalidation trial made by an examiner under 
Article 60(1). 
(2) Notwithstanding Articles 31 and 34, where an application for the 
registration of a design has been filed by an entitled person in accordance 
with Article 3 of the National Assistance Act, or a person prescribed by the 
Ordinance of the Ministry of Trade, Industry and Energy, the Commissioner 
of the Korean Industrial Property Office may reduce or exempt from payment, 
the registration fees equivalent to the first three years for the registration of 
the establishment of a design right and official fees as prescribed by the 
Ordinance of the Ministry of Trade, Industry, and Energy. 
(3) A person who wishes to take advantage of reduced registration fees or 
exemption from the payment of registration fees or official fees in 
accordance with paragraph (2) shall submit the documents prescribed by the 
Ordinance of the Ministry of Trade, Industry and Energy to the Commissioner 
of the Korean Industrial Property Office. 
Article 36 Refund of Registration Fees, etc. 
(1) The registration fees and official fees which have been paid shall not be 
refunded; however, such fees are refundable upon the request of the person 
making payment in the following cases: 
( i ) Registration fees and official fees which were paid by mistake; 
( i i) Amount corresponding to the registration fee for the year following the 
year in which the decision on revocation or invalidation of the design 
registration becomes final and conclusive. 
(2) The refund of the registration fees and official fees as referred to in 
paragraph (1 )(i) may not be requested following the expiration of one year 
from the date of payment, and the amount corresponding to the registration 
fee as referred to in paragraph (1 )(ii) is not subject to a refund from the date 
on which the decision becomes final and conclusive. 
Article 37 Design Register 
(1) The Commissioner of the Korean Industrial Property Office shall keep a 
Design Register at the Korean Industrial Property Office and shall register 
the following matters: IPINIlIKOR/DI 1 
Page 24 
( i ) the establishment, transfer, extinguishment or restriction on disposal 
of a design right; 
( i i ) the establishment, maintenance, transfer, modification, extinguishment or 
restriction on disposal of an exclusive or non-exclusive license; and 
(iii) the establishment, transfer, modification, extinguishment or restriction on 
disposal of a pledge on a design right or on an exclusive or non-exclusive 
license. 
(2) The Design Register under paragraph (1) may be stored on electronic 
format such as magnetic tape in whole or in part. 
(3) Relevant matters relating to the particulars and procedures of registration 
not provided for in paragraphs (1) and (2) shall be prescribed by Presidential 
Decree. . 
Article 38 Issuance of Design Registration Certificate 
(1) When the establishment of a design right has been registered, the 
Commissioner of the Korean Industrial Property Office shall issue a design 
registration certificate to the owner of the registered design. 
(2) When a design registration certificate does not coincide with the Design 
Register or other documents, the Commissioner of the Korean Industrial 
Property Office shall, upon request or ex officio, reissue the design 
registration certificate with amendments, or issue a new design registration 
certifi cate. 
CHAPTER V 
DESIGN RIGHT 
Article 39 Registration of Establishment of Design Right 
(1) A design right shall be effective upon registration of its establishment. 
(2) When the registration fees have been paid in accordance with Article 
31 (1), or when. an exemption from payment of such fees or a reduction of 
payment has been granted under Article 35(1) or (2), the Commissioner of 
the Korean Industrial Property Office shall publish the following particulars in 
the Design Gazette: 
( i ) the name and domicile of the owner of the design right (in the case of 
a legal entity, the title, place of business); 
( i i) the registration number of the design; and 
(iii) the date of registration of the establishment of the right. Article 40 Term of Design Right IP/N/IIKORlDIl 
Page 25 
(1) The term of a design right shall be fifteen years from the date of 
registration of its establishment. However, the expiration date of the term of 
a design right relating to a similar design shall be the expiration date of the 
term of the design right relating to the principal design. 
(2) Where a design registration is bestowed to a Actful holder under Article 
14 or 15, the term of the design right under paragraph (1) shall run from the 
day following the date of registration of the design right previously filed by the 
unentitled person. 
Article 41 Effects of Design Right 
The owner of a design right shall have the exclusive right to work the 
registered design and a design similar thereto commercially and industrially. 
However, where the design right is subject to an exclusive license, this 
provision shall not apply to the extent wherein the exclusive licensee has the 
exclusive right to work the registered design or similar design under Article 
47(2). 
Article 42 Design Right Relating to Similar Designs 
A design right relating to a similar design as defined in Article 7(1) shall be 
incorporated in a design right relating to the principal design. 
Article 43 Scope of Protection of Registered Designs 
The scope of protection conferred by a registered design shall be determined 
by the terms of the specification in the application, the design represented in 
the drawing, and the explanation of the intent and purpose of the design 
therein, attached to the application or shown in a photograph, model or 
sample attached to the application. 
Article 44 Limitations of Design Right 
The effects of a design right shall not extend to: 
( i) use of the registered design for the purpose of research or 
experiment; 
( i i) vessels, aircrafts or vehicles merely passing through the Republic of 
. Korea or the machinery, instruments, equipment or other accessories 
used therein; or IP/N/l/KOR/D/l 
Page 26 
(iii) identical products existing in the Republic of Korea at the time the 
application for registration of a design was filed. 
Article 45 Relationship with Another Registered Design 
(1) Where the working of a registered design would utilize another person's 
registered design or design similar thereto, patented invention, registered 
utility model or registered trademark under an application filed prior to the 
filing date of the application for the registration of a design concerned, or 
where a design right conflicts with another person's patent right, utility model 
right or trademark right under an application filed prior to the filing date of the 
application for registration of a design concerned, the owner of the design 
right or exclusive or non-exclusive licensee shall not work the registered 
design commercially or industrially without the consent of the owner of the 
earlier patent right, utility model right or trademark right, except where Article 
70 applies. 
(2) Where the working of a design similar to a registered design would utilize 
another person's registered design or design similar thereto, patented 
invention, registered utility model or registered trademark under an 
application filed prior to the filing date of the application for the registration of 
a design concerned, or where a design right of the design similar to the 
registered design conflicts with another person's registered design, patent 
right, utility model right or trademark right under an application filed prior to 
the filing date of the application for registration of the design concerned, the 
owner of the design right or exclusive or non-exclusive licensee shall not 
work the design similar to the registered design commercially or industrially 
without the consent of the owner of the earlier patent right, utility model right 
or trademark right, except where Article 70 applies. 
(3) Where the working of a registered design or a design similar thereto 
would utilize or conflict with another person's copyright, effective prior to the 
filing date of the application for registration of a design concerned, the owner 
of the design right or exclusive or non-exclusive licensee shall not work the 
registered design or design similar thereto commercially or industrially 
without the consent of the owner of the copyright. 
Article 46 Assignment and Joint Ownership of Design Right 
(1) A design right may be assigned. However, a design right relating to a 
principal design and a design right relating to a similar design shall be 
assigned together. 
(2) A joint owner of a design right may neither assign his share nor establish 
a pledge upon it without the consent of all the other joint owners. IP/N/1IKORIDIl 
Page 27 
(3) Each of the joint owners may, except as otherwise agreed by a contract 
among all the joint owners, work the registered design or similar design by 
himself without the consent of the other joint owners. 
(4) A joint owner may grant neither an exclusive license nor a non-exclusive 
license under the design right without the consent of all the other joint 
owners. 
(5) A design right which is registered as a multiple design may be divided 
and transferred for each design. 
Article 47 Exclusive License 
(1) The owner of a design right may grant an exclusive license on the design 
right. 
(2) An exclusive licensee who has been granted an exclusive license under 
paragraph (1) shall have the exclusive right to work the registered design or 
design similar thereto commercially and industrially, to the extent provided 
for in the license contract. 
(3) An exclusive licensee may not transfer the license without the consent of 
the owner of the design right, except where it is transferred together with the 
business in which it is worked, or in the case of inheritance or other general 
succession. 
(4) An exclusive licensee may establish a pledge or grant a non-exclusive 
license on the exclusive license only with the consent of the owner of the 
design right. 
(5) The provisions of Article 46(2) to (4) shall apply mutatis mutandis to 
exclusive licenses. 
Article 48 Deleted 
Article 49 Non-exclusive License 
(1) The owner of a design right may grant a non-exclusive license on his 
design right. 
(2) A non-exclusive licensee shall have the right to work the registered 
design and a design similar thereto commercially and industrially to the 
extent provided for in the Design Act or by the license contract. 
(3) The provisions of Article 46(2) and (3) and Article 102(4) to (6) of the Patent 
Act shall apply mutatis mutandis to non-exclusive licenses. IP/N/1/KORlD/l 
Page 28 
Article 50 Non-exclusive License by Virtue of Prior Use 
Where, at the time of filing of an application for the registration of a design, a 
person has created a design which is identical or similar to the design in an 
existing application, without having prior knowledge of the design in the 
application, or has learned how to create the design from another person, 
and has been working the design commercially or industrially in the Republic 
of Korea, in good faith, or has been making preparations therefor, shall have 
a non-exclusive license on that registered design or design similar thereto. 
Such license shall be limited to the design which is being worked, or for 
which preparations for working have been made, and to the purpose of such 
working or preparations. 
Article 51 Non-exclusive License Due to Working Prior to Registration of 
Demand for Invalidation Trial 
(1) Where a person falling within any of the following subparagraphs has 
been working a design or a design similar thereto, commercially or 
industrially in the Republic of Korea, in good faith, or has been making 
preparations therefor, prior to the registration of a request for an invalidation 
trial of the design registration concerned, without knowing that the design 
registration is subject to invalidation, such person shall have a non-exclusive 
license on that design right or on the exclusive license existing at the time 
when the design registration was invalidated, but such non-exclusive license 
shall be limited to the design which is being worked or for which preparations 
for working are being made and to the purpose of such working or 
preparations: 
( i ) 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; 
( i i) the original owner of the design right, where his design registration 
has been invalidated and a design registration for the same or a similar 
design has been granted to an entitled person; 
(iii) in the cases referred to in subparagraphs (i) and (ii), a person who, 
at the time of registration of the request for an invalidation trial of the 
design right that has been invalidated, has been granted an exclusive or 
non-exclusive license, or non-exclusive license on the exclusive license, 
and such license has been registered. However, a person falling under 
Article 118(2) of the Patent Act as applied under Article 61 of the Design 
Act is not required to register the license. 
(2) A person who has been granted a non-exclusive license in accordance 
with paragraph (1) shall pay reasonable remuneration as consideration to 
the owner of the design right or the exclusive licensee. IPINIlIKORlDI 1 
Page 29 
Article 52 Non-exclusive License After Expiration of Design Right, etc. 
(1) Where a design similar to a registered one conflicts with a design right 
which has been registered prior to or on the date of application for 
registration of the design (hereinafter referred to as a "primary design right"), 
the owner of the primary design right shall have a non-exclusive license with 
respect to the design right not exceeding the scope of the primary design 
right when the term of primary design right expires, or has non-exclusive 
license with respect to an exclusive license of a design right which 
exists at the time when the term of the design right expires. 
(2) Under paragraph (1), an exclusive licensee of a primary design right 
which exists at the time when the term of the primary design right expires, or 
a non-exclusive licensee under Article 118(1) of the Patent Act, as applied 
mutatis mutandis in accordance with Article 61 of the Design Act, has a non­
exclusive license with respect to a design right not exceeding the scope of 
the primary design right, or has a non-exclusive license with respect the 
exclusive license of the design right which exists at the time when the term of 
primary design right expires. 
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to 
cases 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 registration of design, and where the term of the 
patent right or utility model right expires. 
(4) The owner of a non-exclusive license pursuant to the provIsions of 
paragraph (2) (including cases in which the provisions of paragraph (3) apply 
mutatis mutandis) shall pay reasonable remuneration to the owner of the 
design right or the exclusive licensee in relation to the design right. 
Article 53 Abandonment of Design Right 
The owner of a design right may abandon his design right. 
Article 54 Restriction on Abandonment of Design Right, etc. 
(1) The owner of a design right shall not abandon his design right without the 
consent of the exclusive licensee, pledgee, or non-exclusive licensee under 
Articles 47(4) or 49(1) of the Design Act or Article 39(1) of the Patent Act as 
applied mutatis mutandis under Article 24 of the Design Act. 
(2) An exclusive licensee shall not abandon his 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 non-exclusive license 
without the consent of the pledgee. IP/NIl/KOR/D1l 
Page 30 
Article 55 Effect of Abandonment 
The design right, or exclusive or non-exclusive license thereon, shall be 
extinguished as of the time of abandonment of a design right or of an 
exclusive or non-exclusive license. 
Article 56 Pledge 
Where a design right or an exclusive or non-exclusive license is the subject 
of a pledge, the pledgee may not work the registered design except as 
otherwise provided by contract. 
Article 57 Subrogation for Right of Pledge 
A pledge may be exercised against the remuneration provided for under the 
Design Act or against remuneration or goods to be received for the working 
of the design right; however, an attachment order shall be obtained prior to 
the payment or delivery of the remuneration or goods. 
Article 58 Non-exclusive License When Transferring the Design Right by 
Exercising the Pledge Right 
Where the owner of a design right has worked the registered design or 
similar design which is the subject of a pledge prior to the establishment of 
the pledge, and the design right is subsequently sold at auction, etc., he shall 
have a non-exclusive license on the registered design right; in such case, the 
owner of the design right shall pay reasonable remuneration to the pledgee. 
Article 59 Extinguishment of Design Right in Absence of Successor 
A design right shall be extinguished if, at the time of succession, no 
successor exists. 
Article 60 Report on Working of Registered Design 
The Commissioner of the Korean Industrial Property Office may require the 
owner of a design right, or exclusive or non-exclusive licensee, to report 
upon whether the registered design has or has not been worked and the 
extent of such working, etc. 
Article 61 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Articles 101, 106, 117 and 118 of Patent Act shall apply mutatis mutandis to design rights. 
CHAPTER VI 
PROTECTION OF OWNER OF DESIGN RIGHT 
Article 62 Injunction Against Infringement, etc. IPINIlIKOR/D1l 
Page 31 
(1) An owner of a design right or exclusive licensee may request a person 
who is infringing or is likely to infringe on his rights to discontinue or refrain 
from such infringement. 
(2) An owner of a design right or an exclusive licensee who is acting under 
paragraph (1) may demand the destruction of the articles which resulted 
from the act of infringement, the removal of the facilities used for the act of 
infringement, or other measures necessary to prevent the infringement. 
Article 63 Acts Deemed to be Infringing 
Acts of commercially or industrially working articles used exclusively for the 
manufacture of articles to which a registered design or similar design is 
applied shall be deemed to be an infringement of the design right or 
exclusive license. 
Article 64 Presumption, etc., of Amount of Damage 
(1) Where the owner of a design right or exclusive licensee claims 
compensation for damages from a person who has intentionally or 
negligently infringed a 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. 
(2) An owner of a design right or exclusive licensee may claim as damages, 
the amount of money which he would normally be entitled to receive for the 
working of the registered design from the person who has intentionally or 
negligently infringed the design right or exclusive license, as the amount of 
damages suffered by him by the infringement. 
(3) Notwithstanding paragraph (2), where the amount of damages exceed 
the amount referred to in paragraph(2), the amount in excess may also be 
claimed as compensation for damages. In such a case, the court may take 
into consideration the fact that there has been neither willfulness nor gross 
negligence on the part of the person who has infringed the design right or the 
exclusive license when awarding damages. IP/N/1/KOR/D1l 
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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.. However, this provision shall not apply to the infringement of 
a design right or exclusive license relating to a design registered as a secret 
design under Article 13(1). 
(2) The provision of paragraph (1) shall apply mutatis mutandis to cases 
where a person having a design right under registration of unexamined 
design infringes another person's design right or exclusive license. 
Article 66 Measures for 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 the person who 
has injured the business reputation of the owner of a design right or 
exclusive licensee by intentionally or negligently infringing the design right or 
exclusive license, to take necessary measures to restore the business 
reputation of the said owner or exclusive licensee. 
Article 67 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Article 132 of the Patent Act shall apply mutatis mutandis 
to the protection of the owner of a design right. 
CHAPTER VJI 
TRIAL 
Article 68 Invalidation Trial of Design Registration 
(1) In the following cases, an interested person or an examiner may request 
a trial to invalidate a design registration. In such cases, request may be 
made with respect to each design for which an application for registration of 
multiple designs is made pursuant to Article 11 bis. 
( i ) the registration has been effected contrary to Articles 3, 5, 6, 7(1), 10, 
12(3), 16(1) and 16(2) of the Design Act or Article 25 of the Patent Act as 
applied under Article 4 of the Design Act; 
( i i) the registration has been effected with respect to an application for 
registration of a design filed by a person who is not entitled to obtain the 
design registration; IP/NIl/KORlDIl 
Page 33 
(iii) the registration has been effected contrary to the provisions of a 
treaty; or 
(iv) after the registration, the owner of the design right is no longer 
capable of enjoying the design right under Article 25 of the Patent Act as 
applied under Article 4 of the Design Act, or the registration no longer 
complies with a treaty. 
(2) A trial under paragraph (1) may requested even after the extinguishment 
of a design right. 
(3) Where a trial decision invalidating a design registration has become final 
and conclusive (except a design registration of a similar design), the design 
right shall be deemed never to have existed; however, where a design 
registration falls under paragraph (1 )(iv) and a trial decision invalidating the 
design registration has become final and conclusive, the design right shall be 
deemed not to have existed from the time when the design registration first 
fell under the said paragraph. 
(4) Where a trial decision invalidating a design registration of a principal 
design has become final and conclusive, the design registration of a similar 
design shall also become invalid. 
(5) Where a trial decision invalidating the design registration of a similar 
design has become final and conclusive or where the design registration of a 
similar design becomes invalid under paragraph (4), the design right of the 
similar design shall be deemed not to have existed from the beginning. 
However, where a trial decision invalidating a design registration of a similar 
design under paragraph (1 )(iv) has become final and conclusive, the design 
right of the similar design shall be deemed not to have existed from the time 
when the design registration of the similar design first fell under the said 
paragraph. 
(6) Where a trial for invalidation under paragraph (1) has been requested, 
the presiding trial examiner shall transmit a copy of the request to the 
exclusive licensee of the design right and to any other persons who have 
registered rights relating to the design registration. 
Article 69 Trial to Confirm the Scope of a Design Right 
The owner of a design right or an interested person may request a trial to 
confirm the scope of a design right protected by the design registration. 
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 exercise the right provided for in Article 45(1), IP/N/IIKOR/D1l 
Page 34 
and if the other party refuses to grant the permission without justifiable 
reasons or if it is not possible to obtain such permission, the said owner or 
exclusive or non-exclusive licensee may request a trial for the grant of a 
non-exclusive license to the extent necessary to work the registered design. 
(2) If a person who has granted a non-exclusive license under paragraph (1) 
desires to work the registered design of the person who has been granted 
such non-exclusive license, and if the latter refuses to give permission or if it 
is impossible to obtain such permission, the former may request a trial for the 
grant of a non-exclusive license within the scope necessary to work the 
registered design. 
(3) A non-exclusive licensee, who was granted a non-exclusive license 
under paragraph (1) or (2), shall pay remuneration to the patentee, owner of 
the utility model right, owner of the design right or exclusive licensee thereof; 
however, if payment is not possible for reasons beyond the control of the 
said non-exclusive licensee, the remuneration shall be deposited. 
(4) A non-exclusive licensee under paragraph (3) shall not work the patented 
invention, registered utility model or design right or similar design without 
payment of remuneration or deposit thereof. 
Article 71 Deleted 
Article 72 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Articles 132ter, 132quater and 139 to 176 of the Patent Act 
shall apply mutatis mutandis to trials concerning designs. 
CHAPTER VIll 
RETRIAL AND LITIGATION 
Article 73 Request for Retrial 
(1) Any party may request a retrial against a trial decision which has become 
final and conclusive. 
(2) Articles 422 and 424 of the Code of Civil Procedure shall apply mutatis 
mutandis to a request for a retrial under paragraph (1 ). 
Article 74 Restriction on Effects of Design Rights Restored by Retrial 
(1) Where a design right relating to an invalidated design registration has 
been restored through a retrial and falls under any of the following IP/N/IIKORlDIl 
Page 35 
subparagraphs, the effects of the design right shall not extend to any product 
that was, in good faith, imported into, or manufactured or acquired in the 
Republic of Korea, after the trial decision became final and conclusive but 
before the request for a retrial has been registered, where: 
( i ) the design right which was invalidated has been restored by retrial; 
( i i) after a trial decision became final and conclusive, ruling that a product 
was outside the scope of the design right, a decision to the contrary at a 
retrial has become final and conclusive; 
(iii) the establishment of the design right with respect to an application for 
registration of a design previously rejected by a trial decision has been 
registered through retrial. 
(2) Where a design right falls under paragraph (1), the effects of the design 
right shall not extend to the following acts: 
( i ) working of a design in good faith after the trial decision became final 
and conclusive but before the registration of the request for a retrial; 
( i i) manufacturing, assigning, leasing, importing, or offering for assigning 
or leasing the products to which the registered design has been applied, 
after the trial decision became final and conclusive but before the 
registration of the request for a retrial. 
Article 75 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Articles 179, 180 and 182 to 185, of the Patent Act and 
Articles 186 to 191 of the Patent Act shall apply mutatis mutandis 
respectively, to a retrial or litigation, with respect to a design. 
CHAPTER IX 
SUPPLEMENTARY PROVISIONS 
Article 76 Inspection of Documents 
(1) A person who desires a design registration certificate, a certified copy or 
extract of documents, inspection or copy of the Design Register or other 
documents may make a request to that effect to the Commissioner of the 
Korean Industrial Property Office or the President of the Industrial Property 
Tribunal. 
(2) The Commissioner of the Korean Industrial Property Office or the 
President of the Industrial Property Tribunal may not grant the request under 
paragraph (1) if the required document relates to an application that has not 
been published and has not led to the registration of a design right, or is IP/N/IIKORlDIl 
Page 36 
liable to contravene public order or morality. 
Article 77 Prohibition of Opening or Removal of Design Register and 
Documents Relating to Application, Examination, Opposition, Trial or Retrial 
(1) The removal of the Design Register or of documents relating to an 
application for design registration, examination, opposition to the registration 
of unexamined design, trial or retrial shall be prohibited. 
(2) 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 
registration, examination, opposition to the registration of unexamined 
design, trial or retrial or as to the contents of a decision or ruling. 
Article 78 Design Gazette 
(1) The Korean Industrial Property Office shall publish the Design Gazette. 
However, a registered design which is required to be kept in secret for the 
purposes of national defense under Article 41 of the Patent Act as applied 
under Article 24 of the Design Act shall not be published in the Design 
Gazette. 
(2) The Design Gazette may be published through electronic media as 
prescribed by the Ordinance of the Ministry of the Trade, Industry and 
Energy. 
(3) When the Design Gazette is published through electronic media, the 
Commissioner of the Korean Industrial Property Office shall make public the 
fact of publication of the Design Gazette, its principal contents and service by 
public notification through a computerized network. 
(4) Matters to be published in the Design Gazette shall be determined by 
Presidential Decree. Article 79 Design Registration Marking IP/N/1IKORIDIl 
Page 37 
The owner of a design right or an exclusive or non-exclusive licensee may 
mark upon the product to which a registered design has been applied for, an 
identification of the registered design, or the identification may be made on 
the container or package thereof. 
Article 80 Prohibition of False Marking 
The following acts shall be unActful: 
( i ) marking an indication of a design registration having been granted or 
an application for registration of a design having been filed, or any sign 
likely to cause confusion therewith, on a product for which a design 
registration has not been granted or an application for the registration of a 
design is not pending, or on a container or package thereof; 
( i i) assigning, leasing or displaying product which has been marked as 
referred to in subparagraph (i); 
(iii) marking an indication that product is subject to a registered design or 
an application for registration of a design, or any confusingly similar 
indication, on advertisements, signboards or tags for the purpose of 
causing others to manufacture, use or lease the product for which a 
design registration has not been granted or a design application is not 
pending. 
Article 81 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Articles 218 to 220, 222 and 224bis of the Patent Act shall 
apply mutatis mutandis with respect to designs. 
CHAPTER X 
PENAL PROVISIONS 
Article 82 Offense of Infringement 
(1) Any person who has infringed a design right or an exclusive license shall 
be liable to imprisonment with labor not exceeding five years or to a fine not 
exceeding 50,000,000 Won. 
(2) Prosecution for offenses under paragraph (1) shall be initiated upon filing 
of a complaint by an injured party. IPINIlIKORlDIl 
Page 38 
Article 83 Offense of Perjury 
(1) Where a witness, expert witness or interpreter, having taken an oath 
under the Act, has made a false statement or given a false expert opinion or 
interpreted falsely before the Industrial Property Tribunal, he shall be liable to 
imprisonment with labor not exceeding five years or to a fine not exceeding 
5,000,000 Won. 
(2) Any person having committed an offense under paragraph (1) who 
admits it prior to the examiner's decision or decision on opposition to 
registration of an unexamined design is rendered or before a trial decision on 
the case becomes final and conclusive may be partially or completely 
exempted from the penalty. 
Article 84 Offense of False Marking 
Any person who has violated Article 80 shall be liable to imprisonment with 
labor not exceeding three years or to a fine not exceeding 20,000,000 won. 
Article 85 Offense of Fraud 
Any person who has obtained a design registration or a trial decision by 
means of fraud or any other unjustified act shall be liable to imprisonment 
with labor not exceeding three years or to a fine not exceeding 5,000,000 
won. 
Article 86 Offense of Divulging Secrets 
Where any present or former official of the Korean Industrial Property Office 
or the Industrial Property Tribunal has divulged or appropriated secrets 
relating to a design contained in a design application, or which is requested 
to be kept secret under Article 13(1) to which he had access during the 
course of his duties, he shall be liable to imprisonment with labor not 
exceeding two years or to a fine not exceeding 3,000,000 Won. Article 87 Dual Liability IP/NIl/KORlDIl 
Page 39 
Where a representative of a legal entity or an agent, employee or any other 
servant of a legal entity or natural person has committed an act in violation 
of Articles 82(1), 84 or 85 with regard to the business of the legal entity or 
natural person shall, in addition to the offender, be liable to the fine 
prescribed in such Articles. 
Article 88 Administrative Fine 
(1) Any person who has committed an act in violation of any of the following 
subparagraphs shall be liable to an administrative fine not exceeding 
500,000 Won: 
( i ) making a false statement before the Industrial Property Tribunal after 
having taken an oath under Article 271 (2) or 339 of the Code of Civil 
Procedure 
( i i) after having been ordered by the Industrial Property Tribunal to 
submit or show documents or other materials with respect to the taking of 
evidence or to the preservation of evidence, failure to comply with the 
order without justifiable reasons; 
(iii) failure to comply with an order to report under Article 60 on matters 
relating to the working of a registered design without justifiable reasons; 
(iv) after having been summoned by the Industrial Property Tribunal as a 
witness, expert witness or interpreter, failure to comply with the subpoena, 
or refusal to take an oath, to make a statement, to testify, to give an expert 
opinion or to interpret, without justifiable reasons. 
(2) The administrative fine referred to in paragraph (1) shall be imposed and 
collected by the Commissioner of the Korean Industrial Property Office as 
prescribed by the Presidential Decree. 
(3) Any person who objects to the imposition of an administrative fine under 
paragraph (2) may make a protest to the Commissioner of the Korean 
Industrial Property Office within thirty days from the date of notification of the 
imposition. 
(4) The Commissioner of the Korean Industrial Property Office shall, upon 
receipt of a protest under paragraph (3), notify the competent court which 
shall adjudicate upon the case of the administrative fine according to the 
provisions of the Act on Non-Contentious Procedures without delay. 
(5) Where no opposition has been raised within the period prescribed in 
paragraph (3) and where the fine has not been paid, the Commissioner of 
the Korean Industrial Property Office shall collect it in accordance with the IP/NIl/KORlDIl 
Page 40 
rules concerning collection of national taxes in arrears through the head of 
the competent tax office. 
Article 89 Mutatis Mutandis Application of Provisions of the Patent Act 
The provisions of Article 231 of the Patent Act shall apply mutatis mutandis 
to penal provisions with respect to designs. 
ADDENDA 
Article 1 Date of Entry into Force 
The Design Act shall enter into force on March 1, 1998. 
Article 2 Transitional Measures as to Application for Registration, etc. 
An examination or ruling of refusal with respect to applications for design 
registration made prior to the entry into force of the Design Act shall be 
governed by the previous provisions. 
Article 3 Transitional Measures as to Trial on Registered Design 
Trials, retrials and court actions with respect to registered designs on which 
the rights are established in accordance with applications for design 
registration prior to the entry into force of the Design Act shall be governed 
by the previous provisions. 
Article 4 Transitional Measures as to Rejection of Amendment 
With regards to amendment before the entry into force of this Act, the 
previous provisions shall apply. 
Article 5 Application of Exceptions to Loss of Novelty 
The amended provisions of Article 8(1) and (2) shall be effective from the 
application for registration of design which is made first after the entry into 
force of the Design Act. 
Article 6 Application of Extension of Term of the Design Right, etc. 
The amended provisions of Article 40(1) shall be effective from the design 
right which is registered by a first application for design registration after the 
entry into force of the Design Act. 
Article 7 Application of Relationship with Another Person's Design Right, 
etc. 
The amended provisions of Article 45(2) shall be effective from the owner of 
design right which is registered by a first application for design registration 
after the entry into force of the Design Act, or to the exclusive licensee 
thereto. ENFORCEMENT DECREE 
OF 
THE DESIGN ACT IPINIlIKORlDI 1 
Page 41 
As last amended by Presidential Decree No. 15577. Dec.31. 1997 
Alti.c..lc"L ....... De.sj.gl1"GfJ.zette. .......•.•..............................••........••.........•.•.......••...•••...........•..•............••....... 2 
Article 1-2 Notification in Case ojNon-Publication ojApplication .................................................. 3 
Article 2 Imposition ofFinefor Negligence ..................................................................................... 3 
Article 3 Application Mutatis Mutandis ................................................................. ........................... 4 
ADDENDUM ................................................ ........................................................................................ 4 IP/N/IIKORlDIl 
Page 42 
Article 1 Design Gazette 
(1) The Design Gazette as prescribed in Article 78 (4) of the Design Act 
(hereinafter referred to as the "Act") shall be classified into a Registration 
Gazette for design examination, a Registration Gazette for design 
nonexamination and a Design Gazette for publication. 
(2) The Design Gazette for registration shall include the following matters: 
Provided, That for the secret design listed in Article 13 of the Act, matters 
referred to in subparagraphs 7 through 9 shall be inserted at the expiration of the 
secret period requested by the applicant for design registration: 
1. Name and address of the person holding the design right (in case of a 
corporation, its title and business office, and the name of its representative); 
2. Goods which are the object of design, and the classification code thereof; 
3. Name and address of the deviser; 
4. Number and date of the application; 
5. Date of application on the basis of which the right of priority is claimed 
(limited to design registration applied pursuant to Article 24 of the Act); 
6. Number and date of the registration; 
7. Drawings or photographs (including photographs) of models or samples; 
8. Summary of the creative contents; 
9. Description of the design; 
10. Publication and publication date of application (limited to design registration 
whose application is published); 
11. Matters other than those listed in subparagraph 1, which are to be inserted 
pursuant to the Act and this Decree; and 
12. Matters other than those listed in subparagraphs 1 and 2, concerning such 
designs as deemed, by the Commissioner of the Korean Industrial Property 
Office, necessary to be inserted. 
(3) The Registration Gazette for design nonexamination shall include the 
following matters: Provided, That for the secret design referred to in Article 13 of 
the Act, matters listed in subparagraphs 7 through 9 shall be inserted at the 
expiration of a secret period requested by the applicant for design registration: 
1. Name and address of the person holding the design right (in case of a 
corporation, its title and business office, and the name of its representative); 
2. Goods which are the object of design, and the classification code thereof; 
3. Name and address of the deviser; 
4. Number and date of the application; 
5. Date of application on the basis of which the right of priority is claimed 
(limited to design registration applied pursuant to Article 24 (1) of the Act, 
and where evidential documents for priority are not submitted, the purport 
thereof shall be inserted); 
6. Number and date of the registration; 
7. Drawings or photographs (including photographs) of models or samples; 
8. Summary of the creative contents; 
9. Description of the design; 
10. Serial numbers of designs (limited to application for plurality of design registration referred to in Article 11-2 of the Act); IPINIlIKOR/D/l 
Page 43 
11. Matters other than those listed in subparagraph 1, which are to be inserted 
pursuant to the Act and this Decree; and 
12. Matters other than those listed in subparagraphs 1 and 2, concerning such 
designs as deemed, by the Commissioner of the Korean Industrial Property 
Office, necessary to be inserted. 
(4) The Design Gazette for publication shall include the following matters 
concerning the publication of applications for design registration as prescribed in 
Article 23-2 (2) of the Act: 
1. Name and address of the applicant for design registration (in case of a 
corporation, its title and business office, and the name of its representative); 
2. Goods which are the object of the design and the classification code thereof; 
3. Name and address of the deviser; 
4. Number and date of the application; 
5. Date of application on the basis of which the right of priority is claimed 
(limited to design registration applied pursuant to Article 24 (1) of the Act, 
and where evidential documents for priority are not submitted, the purport 
thereof shall be inserted); 
6. Indication of the basic design 
7. Number and date of the publication of application; 
8. Drawings or photographs of models or samples; 
9. Summary of the creative contents; 
10. Description of the design; and 
11. Matters other than those listed in subparagraphs 1 through 10, which are 
related to the publication of the application for design registration, and 
deemed, by the Commissioner of the Korean Industrial Property Office, 
necessary to be inserted. 
Article 1-2 Notification in Case of Non-Publication of Application 
If the Commissioner of the Korean Industrial Property Office does not publish 
any application under the proviso of Article 23-2 (2) of the Act, he shall notify the 
gist and reason to the applicant for the design registration. 
Article 2 Imposition of Fine for Negligence 
(1) Where the Commissioner of the Korean Industrial Property Office imposes 
the fine for negligence under Article 88 (2) of the Act, he shall investigate and 
confirm the offense, and notify in writing the person who is subject to the 
disposition of fine for negligence, of payment thereof with the fact of offense and 
the amount of fine for negligence, etc. specified. 
(2) Where the Commissioner of the Korean Industrial Property Office desires to 
impose the fine for negligence under paragraph (1), he shall give the person who 
is subject to the disposition of fine for negligence, an opportunity to state orally or IP INIl/KORIDIl 
Page 44 
in writing his opinion in a fixed period of ten or more days. In this case, if said 
person fails to state his opinion by the designated time without any justifiable 
reason, he shall be considered to have no opinion. 
(3) In determining an amount of a fine for negligence, the Commissioner of the 
Korea Industrial Property Office shall take into consideration the motive and 
consequence of the relevant offense. 
(4) The collection procedure of a fine for negligence shall be determined by the 
Ordinance of the Ministry of Industry and Energy. 
Article 3 Application Mutatis Mutandis 
(1) The provisions of Articles 1, 8-2, 8-3, 9 through 18 of the Enforcement 
Decree of the Patent Act shall apply mutatis mutandis to the application, 
requests and other procedures relating to the design registration application. 
(2) The provisions of Article 8 of the Enforcement Decree of the Patent Act shall 
apply mutatis mutandis to the examiner, the chief examiner and the Director of 
the Patent Tribunal. 
ADDENDUM 
This Decree shall enter into force on March 1, 1998 .. 