 WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/KOR/D/2 
29 April 2004 
 (04-1911) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
 The present document reproduces the text
1 of the Design Law as amended by Law No. 6413 
of 3 February 2001 (entered into force on 1 July 2001), notified by Korea under Article 63.2 of the 
Agreement in a communication from its Delegation dated 5 November 2001.   
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
 Le présent document contient le texte
1 de la Loi sur les dessins et modèles, modifiée par la 
Loi n° 6413 du 3 février 2001 (entrée en vigueur le 1er juillet 2001), qui a été notifiée par la Corée au 
titre de l'article 63:2 de l'Accord dans une comm unication de sa délégation datée du 5 novembre 2001.   
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
  En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos Industriales, 
modificada por la Ley Nº 6413 de 3 de  febrero de 2001 (que entró en vi gor el 1º de julio de 2001), que 
Corea notificó en virtud del párrafo 2 del artíc ulo 63 del Acuerdo en una comunicación de su 
Delegación de fecha 5 de noviembre de 2001. 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/KOR/D/2 
Page 2  
 
 
 
  
 
DESIGN LAW 
----------------- 
 
 
 
  
 
 
 
  
 
  
 
 
 
  
 
  
 
 
 
  
 
 
 
  
 
   IP/N/1/KOR/D/2 
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CHAPTER I 
GENERAL PROVISIONS 
 
Article 1  【Purpose 】 
 
The purpose of this Law shall be to encourage the creation of designs by ensuring their 
protection and utilization, so  as to contribute to the development of industry. 
 
Article 2  【Definitions 】 
 
The definitions of the terms used in this Law shall be as follows: 
    (ⅰ) "design" means the shape, pattern, or color,  or a combination of these in an article 
(including part of an article, hereinafter the same except where Article 12 applies) which 
produces an aesthetic impre ssion in the sense of sight; 
    (ⅱ) "registered design" means a design for whic h design registration has been granted;  
    (ⅲ) "design registration" means registrati on of examined or unexamined designs; 
    (ⅳ) "examined design registration" means regist ration of a design th at is subject to 
examination as to whether it is  completely qualified for registration; 
    (ⅴ) "unexamined design registration" means regi stration of a design that is subject to 
examination as to whether the applicatio n for design registration satisfies the  
requirements for registration under this Law, with the exception of the requirements that 
are not applied under Article 26 (2). 
    (ⅵ) "working" of a design means any act of manufacturing, using, assigning, leasing, 
importing, or offering for assigning or leasin g (including the displa ying for the purpose 
of assignment or lease) the article to  which the design has been applied.   
 
Article 3  【Persons Entitled to Obta in Design Registration 】 
 
(1) Any person who creates a design or his su ccessor shall be entitled to obtain design 
registration therefor in accord ance with this Law; however , employees of the Korean 
Intellectual Property Office and the Intellect ual Property Tribunal sh all not obtain design 
registration during their employ ment at the Office except in the case of inheritance or 
bequest. 
 
(2) If two or more persons jointly create a desi gn, the right to obtain design registration shall 
be jointly owned. 
 
Article 4 【Mutatis Mutandis  Application of Provisi ons of the Patent Law 】 
 
The provisions of Articles 3 to 26 and 28 to 28-5 of the Patent Law shall apply mutatis 
mutandis  to designs.  In such cases, "Article 132 ter" in Article 6, 11 (1) ⅳ, 15(1) and 17 of 
the same Law shall read "Article 67 bis or 67 ter" respectively. IP/N/1/KOR/D/2 
Page 4  
 
CHAPTER II 
REGISTRABILITY OF DESI GNS AND APPLICATIONS  
FOR REGISTRATION 
 
Article 5  【Registrability of Designs 】 
 
(1) Designs that are industrially  applicable may be registered unless they fall under any of the 
following subparagraphs: 
    (ⅰ) the design was publicly known or publicly wo rked in the Republic  of Korea or in a 
foreign country prior to the f iling of the design application; 
    (ⅱ) the design was described in a publication distributed  in the Republic of Korea or in a 
foreign country prior to the fili ng of the design application; or 
    (ⅲ) the design is similar to a design refe rred to in subparagraph (i) or (ii). 
 
(2) Where a design could easily have been create d by a person having ordinary skill in the art 
to which the design pertains, on the basis of a sh ape, 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 th e filing of the design application, design 
registration shall not be granted for such  a design notwithstanding paragraph (1). 
 
(3) Notwithstanding paragraph (1 ), design registration shall no t be granted where a design for 
which an application for registration has been filed is identic al or similar to a part of a design 
indicated in a specification , represented in a drawing, phot ograph or sample attached to 
another application for design registration that was filed befo re and laid open or published 
after the filing date of the aforesaid design application.  
 
Article 6  【Unregistrable Designs 】 
 
Notwithstanding Article 5, the following designs shall not be registrable: 
    (ⅰ) designs which are identical or similar to the national flag, national emblem, military 
flags, decorations, orders of merit, badges and medals of public organizations, national 
flags and national emblems of foreign coun tries, 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 w ith respect to articles connected with another 
person's business. 
    (ⅳ) designs consisting solely of a shape that is essential to secure the functions of the 
article. 
 
Article 7  【Similar Designs 】 
 
(1) The owner of a design right or an applican t for design registrati on is entitled to obtain 
design registration which is si milar only to his registered design or design for which an  IP/N/1/KOR/D/2 
 Page 5 
 
 
application for registration has been  filed (hereinafter referred to  as the "principal design") as 
a similar design (hereinafter refe rred to as a "similar design"). 
 
(2) Paragraph (1) shall not appl y where a design that is sim ilar only to a similar design 
registered or applied for re gistration under paragraph (1). 
 
Article 8  【Exception to Loss of Novelty 】 
 
(1) Where a design owned by a person entitled to design registration falls within one of 
the subparagraphs of Article 5(1), it shall be d eemed that Article 5(1)(i) or (ii) shall not 
apply to said design or a sim ilar design application filed by said design owner within six 
months from the date prescribed in the applicable subparagraph under Article 5(1). 
 
(2) A person who seeks to enjoy the provision  under paragraph (1) shall, at the time of 
filing the application for desi gn registration, submit an application for design registration 
specifying the purport of said intention to the Commissioner of the Korean Intellectual 
Property Office, and submit documents proving th e relevant facts within thirty days from 
the date of application for design registrati on; however, this shall not apply where the 
designs concerned fall under each subparagra ph of Article 5(1) against his will. 
 
Article 9  【Applications for Registration 】 
 
(1) Any person desiring to obtain design registration shall file a request for an application for 
examined design registration or a request fo r an application for  unexamined design 
registration with the Commissioner of the Kore an Intellectual Property Office, stating the 
following: 
    (ⅰ) the name and the domicile of the applican t for registration of a design (if a legal 
entity, the name and the place of business); 
    (ⅱ) the name and the domicile, or  place of business, of the agent, if any (if a patent 
corporation, its title,  and office location, and the name of  an appointed patent attorney); 
    (ⅲ) Deleted; 
    (ⅳ) the article which is the object of the design; 
(ⅳbis) whether the application is an applicatio n for independent design registration or 
similar design registration; 
    (ⅴ) the registration or application number of the principal design (only where the 
applicant seeks design registration as a similar design under Article 7(1)); 
    (ⅵ) the name and the domicile of the creator of the design; and 
    (ⅶ) matters prescribed in Article 23(3) (only when claiming a priority right). 
(2) An application for an examined design registration or an  application for  unexamined 
design registration under paragraph (1) shall be accompanied by drawings in which the 
following matters are indicated wi th respect to each design : 
    (ⅰ) the article that is the object of the design;  IP/N/1/KOR/D/2 
Page 6  
 
    (ⅱ) an explanation of th e design and the essentia ls of the creation; 
    (ⅲ) serial numbers of the design (only if the application is for multiple design registration 
under Article 11 bis) 
 
(3) An applicant for design registration ma y submit a photograph, or sample of the 
design instead of drawings as re ferred to in paragraph (2). 
 
(4) A person desiring to file an applica tion for unexamined design registration shall 
indicate in a request for an the application for unexamined design registration whether the 
application is an application for multip le design registration under Article 11 bis) or not, 
and the number of designs in  addition to matters fallin g under each subparagraph of 
paragraph (1). 
 
(5) A person desiring to file an applicati on for multiple design registration under Article 
11bis shall indicate in an application for une xamined design registration  the particulars 
prescribed under paragraph (1)(i), (ii) and each of the following subparagraphs:  
    (ⅰ) serial numbers of the designs; and 
    (ⅱ) the particulars prescribed under subparagr aphs (iv) to (vii) of paragraph (1). 
 
(6) Designs qualifying for unexamined design re gistration shall be limited to the goods 
designated by the Ordinance of  the Ministry of Commerce , Industry and Energy among 
goods classified by Article 11 bis.  In the case of the desi gnated goods, an application 
may be made only for unexamined design registration. 
 
(7) Matters other than those as prescribed in  paragraphs (1) to (6), which are necessary 
for the application for design registration, sh all be determined by the Ordinance of the 
Ministry of Commerce , Industry and Energy. 
 
Article 10  【Joint Application 】 
 
Where the right to obtain desi gn registration is jointly owne d under Article 3(2), all joint 
owners shall jointly file an applicat ion for the registration of the design. 
 
Article 11  【Scope of One Application 】 
 
(1) An application for an examined design re gistration shall relate  to one design only. 
 
(2) Any person desiring to file  an application for design re gistration may do so only with 
respect to the classes of articl es prescribed by the Ordinance of the Ministry of Commerce, 
Industry and Energy. 
 
Article 11 bis  【Application for Multiple Design Registration 】 
 
(1) An application for unexamined design regist ration may be made for twenty designs or less  IP/N/1/KOR/D/2 
 Page 7 
 
 
(hereinafter referred to as an "application for multiple design registration").  In such cases, 
each design shall be re presented separately. 
 
(2) The scope of designs qualifying for an applic ation for multiple design registration shall be 
designs applied to goods under the same cl assification as the cl assification of goods 
prescribed by the Ordinance of the Mi nistry of Commerce, Industry and Energy. 
 
(3) A person desiring to file an application for multiple design registration may file an 
application for a similar design registration fall ing within the category of a principal design, 
together with the principal design. 
 
(4) Where a person files an application for mul tiple design registrati on of designs similar 
to his registered design or a design for whic h design registration is applied, he may file 
an application for multiple design registra tion only with respect to similar designs 
belonging to one principal design, notwithstan ding the provisions of paragraph (3). 
 
Article 12  【Design of a Set of Articles 】 
 
(1) Where two or more articles are used together  as a set of articles, the design of the set of 
articles may acquire design registration provid ed that the set of articles constitutes a 
coordinated whole. 
 
(2) The set of articles referred to in paragraph (1) shall be governed by the Ordinance of the 
Ministry of Commerce,  Industry and Energy. 
 
(3) Deleted 
 
Article 13  【Secret Designs 】 
 
(1) An applicant for design regist ration may request that the design be kept secret for a period 
which shall be designated in th e request and which shall not exceed three years from the date 
on which the establishment of the design righ t 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 design registration is applied. 
 
(2) A person desiring to make a request under paragraph (1) shall, at the time of filing of the 
application for design registration,  state the designated period in the request and submit it to 
the Commissioner of the Korean Intellectual Property Office.
   
 (3) The applicant for design registration, or the owner of a design right, may reduce or extend 
the period designated by him under paragraph (1) by a request.  Where he extends that period, 
it shall not exceed three years from  the date of registration of the establishment of the design 
right. 
 
(4) In any of the following cases, the Commissi oner of the Korean In tellectual Property IP/N/1/KOR/D/2 
Page 8  
 
Office shall allow persons to have access to  a design kept secret  under paragraph (1): 
    (ⅰ) where the request is made by a person w ho has obtained the consent of the owner of 
the design right; 
    (ⅱ) where the request is made by a party or an intervener in examination, opposition to 
registration of an unexamined design, trial, re trial or litigation proceedings relating to a 
design identical with or simila r to the design kept secret; 
    (ⅲ) where the request is made by a person who has clearly stated that he was warned of 
infringement of the registered design; or 
    (ⅳ) where the request is made by a court or the Intellectual Property Tribunal. 
 
(5) In cases concerning a request for laying- open of application under Article 23(2), the 
request pursuant to paragr aph (1) shall be deemed to have been withdrawn. 
 
Article 14  【Application for the Registration  of a Design Filed by an 
Unentitled Person; Protection of Lawful Holder of Right 】 
 
If design registration cannot be granted on the ground that an application has been filed by a 
person who has not succeeded to the right to obt ain design registration or who has laid a false 
claim to such right (hereinafter referred to  as "the unentitled pe rson"), a subsequent 
application filed by the lawful holder of the right sh all be deemed to have been filed on the 
date of the application previ ously filed by the unentitled pe rson.  However, this provision 
shall not apply, where the subsequent applicatio n is filed by the lawful holder of the right 
more than thirty days after the applic ation by the unentitled person was rejected. 
 
Article 15  【Design Registration Grante d to Unentitled Person;  
Protection of Lawful Holder of Right 】 
 
If design registration is revoked or  invalidated by a trial decision for the lack of entitlement to 
obtain design registration under th e provisions of Article 3(1), a subsequent application for 
design registration filed by the lawful holder of the right sha ll be deemed to have been filed 
on the date of filing of the appl ication which led to the grant of the design registration that 
was revoked or invalidated; howev er, this provision shall no t apply if the subsequent 
application is filed more than thirty days after the decision to revoke or to invalidate it 
became final and conclusive. 
 
Article 16  【First-to-File Rule 】 
 
(1) Where two or more applications for design re gistration relating to the same or a similar 
design are filed on different dates, only the ap plicant filing the applic ation having the earlier 
filing date may obtain design registration for the design. 
 
(2) Where two or more applications for design re gistration 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 design regi stration for the design and, if  no agreement is reached or  IP/N/1/KOR/D/2 
 Page 9 
 
 
no consultation is possible, none of the applican ts shall obtain design registration therefor. 
 
(3) Where an application for design registration is withdrawn or invalidated, such application 
shall, for the purposes of paragraphs (1) and (2), be deemed to have never been filed. 
 
(4) An application for design registration file d by a person who is not the creator of the 
design, nor the successor in titl e to the right to obtain desi gn registration shall, for the 
purposes of paragraphs (1) and (2), be deemed never to have been filed. 
 
(5) The Commissioner of the Korean Intellectua l Property Office shall,  in the case provided 
for in paragraph (2), order the applicants to  notify him of the resu lts of the consultation 
within a designated period. If such a report is  not submitted within the designated period, the 
applicants shall be deemed not to have conc luded to an agreement within the meaning of 
paragraph (2). 
 
Article 17  【Amendment of Procedure 】 
 
The Commissioner of the Korean Intellectual Property Office or the President of the 
Intellectual Property Tribunal ma y order correction of a procedur e relating to a design within 
a designated period: 
    (ⅰ) where the requirements of Article 3(1) or (6) of the Patent Law applied under Article 
4 of this Law have not been complied with; 
    (ⅱ) where the procedure has not complied with the formalities specified in this Law or a 
Presidential Decree; or 
    (ⅲ) where the fees required in  accordance with Article 34 have not been paid. 
 
Article 18  【Amendment to Application and Change of Gist 】 
 
(1) An applicant for design registration ma y amend the particulars in a request, a 
specification or a drawing attached to the request for an application; prov ided that, the gist of 
the request, the specification and th e drawing attached to the orig inal application has not been 
changed before transmittal of the examiner's first decision to either grant design registration 
under Article 28 or refuse design registration unde r Article 26  (hereinafter referred to as 
"decision to grant or refuse design  registration").  However, if a request for a trial against the 
examiner's decision to refuse design regist ration is filed, the applicant may amend the 
specification or the drawing within thirty da ys from the filing date of such request. 
 
(2) Where an amendment under paragraph (1) is recognized as a c hange of gist of of 
the r e q u e s t ,  t h e  s p e c i f i c a t i o n  o r  t h e  d r a w i n g  o r i g i n a l l y  a t t a c h e d  t o the request, 
application after the date on wh ich the establishment of the de s i g n  r i g h t  w a s  
registered, the application for registration of such design sha ll be deemed to have 
been filed at the date of filing of such amendment.  
 
 
    IP/N/1/KOR/D/2 
Page 10  
 
Article 18 bis  【Rejection of Amendment 】 
 
(1) Where an amendment to a specification or dr awing attached to an application under the 
provisions of Article 18 changes th e gist thereof, the examiner shall reject the amendment by 
decision. 
 
(2) Where a decision to reject an amendment under paragraph (1) has been made, the 
examiner's decision to grant or refuse design registration  for the concerned application for 
design registration shall not  be rendered until a peri od of thirty days elap ses from the date of 
transmittal of the certified copy of said decision.  
 
(3) Where an applicant has requested a trial under Article 67 bis against a decision to reject an 
amendment under paragraph (1), the examiner sh all suspend examination of the application 
for design registration until the trial decision has become final and conclusive. 
 
(4) The decision to reject an amendment under paragraph (1) shall be made in writing and 
shall state the reasons therefor. 
 
Article 19  【Division of Applications for the Registration of Designs 】 
 
(1) A person falling under any of the following subparagraphs may divide a part of his 
application for design registration in to one or more new applications.  
    (ⅰ) a person who has made an application for registration of two or  more designs in 
contravention of Article 11; 
    (ⅱ) a person who has made an application for multiple design registration; or 
    (ⅲ) Deleted. 
 
(2) Such divisional applications shall be deemed to have been filed at the time of filing of the 
original application.  However, this provision shall not apply fo r the purposes of Article 8(2) 
or Article 23(3) and (4). 
 
(3) A division of an application for design re gistration under paragraph (1) may be made 
within the time limit provided fo r amendment under Article 18(1). 
 
(4) Deleted. 
 
Article 20  【Conversion of Application 】 
 
(1) An applicant may convert his applicatio n for a similar design registration into an 
application for an independent design registration.  In such a case, the application for an 
independent design registration shal l be deemed to have been file d at the time of filing of the 
application for a similar design registration.  However, this pr ovision shall not apply for the 
purposes of Article 8(2) or  Article 23(3) and (4). 
  IP/N/1/KOR/D/2 
 Page 11 
 
 
(2) An applicant may convert his application fo r an independent design registration into an 
application for a similar design registration.  In such a case, the application for a similar 
design registration shall be deemed to have been  filed at the time of filing of the application 
for an independent design registration.  Howe ver, 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 Para graphs (1) and (2) may be made after an 
examiner's decision to grant or refuse design registration  or a trial decision on the initial 
application for the design or the similar de sign registration becomes final and conclusive. 
 
(4) Deleted. 
 
Article 20 bis   【Conversion  of Application  for Registration  of  
Unexamined Designs, etc. 】 
 
 (1) Where a person makes an application for an unexamined design registration in respect of 
articles subject to an examined design registra tion, or vice versa, in co ntravention of Article 
9(6), he may convert the appli cation for a design   registrati on into an application for an 
examined design registration or an  unexamined design registration. 
 
(2) An application for design registration convert ed by paragraph (1) shall be deemed to have 
been made when an initial application for design registration is made.  However, this shall 
not apply for the purposes of Article  8(2) or Article 23(3) and (4). 
 
(3) A conversion of an application under paragr aph (1) may not be made after decision to 
grant or refuse design registration or a trial decision on the initial application for design 
registration has been made.  
 
(4) Deleted. 
 
Article 21 Deleted 
 
Article 22 Deleted 
 
Article 23  【Priority Claim under Treaty 】 
 
(1) When a national of a member country of  a treaty, which recognizes under the treaty a 
right of priority for an applic ation filed by a national of the Re public of Korea, claims a right 
of priority for an application for design regist ration 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 applicati on in the foreign country  shall be deemed to be the filing date 
in the Republic of Korea for the purposes of Article 5  and 16.  Where a national of the 
Republic of Korea has filed an application for design registration in a country which 
recognizes, under a treaty, a right of  priority for an application fo r design registration filed by 
nationals of the Republic of Korea, and claims the right of priority for the application for 
design registration in the Republic of Korea on the basis of the prior application for the same IP/N/1/KOR/D/2 
Page 12  
 
design in said country, this  provision shall also apply. 
 
(2) A person intending to claim a right of pr iority shall file an application for design 
registration within six months from the filing date  of the prior application serving as the basis 
for claiming the right of priority. 
 
(3) A person intending to claim a right of priori ty in accordance with pa ragraph (1) shall, at 
the time of filing the application for design regi stration, specify such claim, the name of the 
country in which the prior application was filed, a nd the filing date of su ch application, in the 
application for design registration. 
 
(4) A person who has claimed a right of prio rity in accordance with paragraph (3) shall 
submit a written statement setting forth the fili ng date of the application, certified by the 
government of the country where the prior appli cation was filed, and a certified copy of the 
drawing of the design, to the Commissioner of the Korean Intellectual Property Office within 
three months from the filing date of the application for design registration. 
 
(5) Where a person who has claimed a right of pr iority 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 23 bis  【Laying Open of Application 】 
 
(1) An applicant for an examined design regi stration may request the laying open of his/her 
application by the Ordinance of the Mini stry of Commerce, Industry and Energy. 
 
(2) Where the request for the laying open of an  application is made under paragraph (1), the 
Commissioner of the Korean Intellectual Property Office shall lay open the design 
application in the Design Gazette in acc ordance with Article 78.  However, the 
Commissioner of the Korean In tellectual Property Office may not  lay open the application in 
cases where the design falls under an y of the following subparagraphs: 
    (ⅰ) is liable to contravene public order or morality; or 
    (ⅱ) should be kept secret under Artic le 41 of the Patent Law, applied mutatis mutandis  
under Article 24 of the Design Law. 
 
(3) The request for the laying open of an applicat ion prescribed in paragraph (1) shall not be 
available after initial certified copies of the d ecision to grant or refuse  design registration on 
the application for the design regi stration have been transmitted. 
 
(4) Deleted. 
 
 
 
  IP/N/1/KOR/D/2 
 Page 13 
 
 
Article 23 ter  【Effects of Laying Open Applications 】 
 
(1) After an application is laid open, the a pplicant 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 design registration has been filed. 
 
(2) The applicant may demand a person, who has been warned under the provisions of 
paragraph (1), or worked the filed design or a design similar thereto knowing that the design 
has been laid open, to pay compensation in an amount equivalent to what he would normally 
receive for the working of the design registered  or a design similar thereto from the time of 
warning or the time when he/she became aware of the fact that the design application had 
been filed to the time of re gistration of the filed design. 
 
(3) The right to demand compensation under pa ragraph (2) may be exercised only after 
registration of the filed application. 
 
(4) The exercise of the right to demand comp ensation under paragraph (2) shall not preclude 
the exercise of the design right. 
 
(5) Articles 63 and 67 of the Design Law and Articles 760 and 766 of the Civil Code shall 
apply mutatis mutandis  to the exercise of the right to demand compensation under paragraph (1).  
In such case, "the time when the damaged party or his legal representative became aware of 
such damage and of the identity of the person causing it" in Article 766 of the Civil Code 
shall read "the date of regi stration of the design right". 
 
(6) Where an application for de sign registration is abandoned, i nvalidated or withdrawn after 
the laying open of the application, a decisi on to refuse design regi stration, a decision to 
revoke design registration under Article 29-5 (3),  or a trial decision to invalidate design 
registration under Article 68 (exc ept where Article 68 (1)(iv) a pplies) has become final and 
conclusive, the right under paragraph (2) shall be deemed to have never existed. 
 
Article 23 quater  【Transfer, etc. of Right to Ob tain 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 ri ght to obtain a similar design shall be transferred together. 
(2) The right to obtain registrati on of a design may not be pledged. 
 
(3) Where the ownership of the right to obtain registration of a design is held jointly by two 
or more persons, none of the joint owners may assign his/her share with out obtaining consent 
from all the other joint owners. 
 
Article 23 quinquies  【Furnishing of information 】 
 
Any person may furnish the Commissioner of the Korean Intellectual Property Office with 
information about a design for which an applic ation for design registration has been filed IP/N/1/KOR/D/2 
Page 14  
 
together with evidence to the effect that the concerned design is unr egistrable under any of 
the subparagraphs of Article 26 (1). 
 
Article 24 【Mutatis Mutandis  Application of Provisions  
of the Patent Law 】 
 
The provisions of Articles 38 to 41  of the Patent Law shall apply mutatis mutandis  to the 
registrability of designs and to applications for design registration. 
 
 
CHAPTER Ⅲ 
EXAMINATION 
 
Article 25  【Examination by Examiner 】 
 
(1) The Commissioner of the Korean Intellectual Property Office shall ha ve applications for 
design registration and oppositions to an unexa mined design registration examined by an 
examiner. 
 
(2) The qualifications for the examiners sha ll be prescribed by Presidential Decree. 
 
Article 26  【Decision to Refuse Design Registration 】 
 
The examiner shall make a decision to refuse  design registration wher e it falls under any of 
the following subparagraphs (hereinafter referred to as "reasons for refusal"): 
    (ⅰ) Where the design in the application for design registration is not registrable in 
accordance with Articles 5 to 7, 9(6), 10 to 12,  16(1) and (2) of this  Law or Article 25 of 
the Patent Law as applied under Article 4 of this Law; 
    (ⅱ) Deleted. 
    (ⅲ) Where a person shall not be entitled to obtain design registration under the provision 
of Article 3 (1), or where the design in th e application for design registration is not 
registrable in accordance with the proviso of Article 3 (1); 
    (ⅳ) Where an application for design registrati on is in violation of the provisions of a 
treaty; or 
    (ⅴ) Where an application for a similar unexami ned design registration falls under any of 
the following subparagraphs: 
 (a) where a design which is registered as a similar design or a design for which a 
similar design registration is applied, is indicated as a principal design; 
 (b) where the term of the design right of a principal design has expired; or 
 (c) where an application for a principl e unexamined design registration has been 
invalidated, withdrawn or abandoned, or where a decision to refuse design 
registration becomes final and conclusive. (d) where an applicant for similar unexami ned design registration is not identical  IP/N/1/KOR/D/2 
 Page 15 
 
 
with the owner of a design right relating to  a principle design or an applicant for 
principle design registration. 
(e) where a design for which similar unexamine d design registration is applied is not 
similar to a principle design.  
 
(2) Notwithstanding paragraph (1 ), Articles 5, 7, 11(1), 16(1) a nd (2) shall not apply to an 
application for an unexamined design registrati on (except where the design is industrially 
applicable under provisions other than those prescribed in the s ubparagraphs of Article 5(1)). 
 
Article 27  【Notification of Reasons for Refusal 】 
 
(1) When the examiner intends to make a deci sion to refuse design registration under Article 
26, he shall notify the reason for refusal (re ferring to reasons falling under any of the 
subparagraphs of Article 26(1), he reinafter referred to as "reason for refusal") to the applicant 
for design registration, and give  him an opportunity to submit a written opinion within a 
designated time limit. 
 
(2) Where there are reasons for refusal with  respect to some of  the designs in an application 
for multiple design registration, the serial number of the designs concerned, the article that is 
the object of the design and the reas ons for refusal shall be indicated. 
 
Article 28  【Decision to Grant Design Registration 】 
 
Where an examiner finds no reason for refusing an  application for the registration of a design, 
he shall render a decision to grant design registration. 
 
Article 29  【Method of Decision to Grant or Refuse Design Registration 】 
 
(1) The examiner's decision to grant or refuse design registration shall be in writing and shall 
state the reasons therefor. 
 
(2) When the examiner's decision to grant or refuse design registration has been made, the 
Commissioner of the Korean Intellectual Propert y Office shall transmit a certified copy of the 
decision to the applicant fo r the design registration. 
 
Article 29 bis  【Opposition to the Registrati on of an Unexamined Design 】 
 
(1) From the date of registration of establis hment of a design right under an application for 
unexamined design registration to the expiry of the period of three months after the date of 
publication of an unexamined design registrati on, any person may file an opposition to the 
grant of the design right with the Commissione r of the Korean Intell ectual Property Office 
based on the ground that the registration falls und er any of the following subparagraphs.  For 
registration of designs under an applicati on for multiple design registration, an opposition 
may be filed for each design. 
(ⅰ) where the design in the application for desi gn registration is in vi olation of Articles 
5, 6, 7(1), 10, 16(1) and (2) of this Law or Article 25 of the Patent Law as applied under IP/N/1/KOR/D/2 
Page 16  
 
Article 4 of this Law; 
(ⅱ) where a person shall not be entitled to obtain design registration under the provision 
of Article 3 (1) or the design in the applica tion for design registrati on is not registrable 
under the proviso of Article 3 (1); or 
(ⅲ) where an application for desi gn registration is in viol ation of the pr ovisions of a 
treaty.         
 
(2) A person filing an opposition to an unexamined design registration shall submit an 
application for opposition to an unexamined design registration, to the Commissioner of the 
Korean Intellectual Property Office which shall state the following, together with supporting 
evidence: 
    (ⅰ) the name and address of the person filing the opposition against the unexamined 
design registration (if a legal ent ity, the title, plac e of business); 
(ⅰbis) the name and the domicile, or place of business, of the agent, if any (if a patent 
corporation, its title, office location, and the name of the appointed patent attorney); 
    (ⅱ) the indication of the regist ered design(s) subject to th e opposition to an unexamined 
design registration; 
    (ⅲ) the purpose of the opposition to an  unexamined design registration; and 
    (ⅳ) the grounds for the opposition to an unexami ned design registration and indication of 
supporting evidences. 
 
(3) When an opposition to unexamined design registration is filed,  the presiding trial 
examiner appointed in accordance with Article 29 quater (3) shall transmit a certified copy of 
the opposition to an unexamined design registra tion to the owner of the registered design 
right subject to the opposition and give him an opportunity to submit a written reply within a 
designated time limit. 
 
(4) The provision of Article 68(6) shall apply mutatis mutandis  to the filing of an opposition 
to an unexamined design registration under paragraph (1). 
 
Article 29 ter  【Amendment to Grounds for Opposi tion to Unexamined Design 
Registration, etc. 】 
 
A person filing an opposition to an unexamine d design registration may amend the grounds 
or evidence indicated on the written opposition to an unexamine d design registration within 
thirty days from the date of filing of the said opposition. 
 
Article 29 quater  【Collegial Body for Examination and Decision, etc. 】 
 
(1) A collegial body consisting of three examiners shall examine and decide an opposition to 
an unexamined design registration. 
 
(2) The Commissioner of the Korean Intellectua l Property Office shall designate examiners  IP/N/1/KOR/D/2 
 Page 17 
 
 
constituting a collegial body for each oppositi on to an unexamined design registration. 
 
(3) The Commissioner of the Korean Intellectua l 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) an d 146 (2), (3) of the Pa tent Law shall apply 
mutatis mutandis  to the collegial body of examiners and the presiding examiner. 
 
Article 29 quinquies   【Decision on Opposition to Unexamined Designs Registration 】 
 
(1) The examiner shall make a decision on  the opposition to an unexamined design 
registration after the time lim its provided under Articles 29 bis(3) and 29 ter have lapsed. 
 
(2) Notwithstanding Article 29 bis(3), where a person filing a opposition to an unexamined 
design registration fails to su bmit the grounds and evidence th ereon, the presiding trial 
examiner  may reject an opposition to an unexamined design registration by decision after the 
time limits provided under the provisions of Article 29 ter have lapsed. 
 
(3) Where it is deemed that an opposition to an unexamined design registration has merit, the 
collegial body of examiners shall make a decisi on to revoke the registered design (hereinafter 
referred to as a "decision to  revoke design registration".). 
 
(4) Where a decision to revoke design registrati on becomes final and conclusive, the design 
right shall be deemed never to have existed. 
 
(5) Where it is deemed that the opposition to an unexamined design registration has no merit, 
the collegial body of examiners shall make a decision to maintain the registered design 
(hereinafter referred to as a "decisio n to maintain design registration"). 
 
(6) No appeal shall be made against a decision to  refuse and/or maintain design registration to 
an opposition to an unexamined design registration. 
 
Article 30 【Mutatis Mutandis  Application of Provisions of the Patent Law 】 
 
(1) The provisions of Articles 58, 58 bis, 61, 68 and 78 of the Patent Law shall apply mutatis 
mutandis  to examination of applica tions for design registration. 
 
(2) The provisions of Articles 72, 73, 75, 76, 78, 141(1) to (3), 142, 148( ⅰ)  to (ⅴ), (ⅶ), 
154(8), 157, 165(3) to (6), and 166 of the Patent Law shall apply mutatis mutandis  to 
examination or decision of the opposition to an unexamined design registration. 
 
  
 IP/N/1/KOR/D/2 
Page 18  
 
CHAPTER IV 
REGISTRATION FEES AND RE GISTRATION OF DESIGNS 
 
Article 31  【Design Registration Fees 】 
 
(1) A person desiring to register  the establishment of a design right, or the owner of a design 
right, shall pay the design registration fees (her einafter referred to as "registration fees"). 
 
(2) Matters relevant to the pa yment of registration fees, incl uding the method and time limits 
for payment of such fees under paragraph (1), shall be prescribed by the Ordinance of the 
Ministry of Commerce,  Industry and Energy. 
 
Article 31 bis 【Abandonment for Each Design at the Time of Payment of Registration 
Fees】 
 
(1) A person who receives a decision to gran t design registration fo r an application for 
multiple design registration may abandon some i ndividual designs at the time of payment of 
the registration fees. 
 
(2) Necessary  matters relating to the abandonment of  a design under paragraph (1) shall be 
prescribed by the Ordinance of the Mini stry of Commerce, Industry and Energy . 
 
Article 32  【Payment of Registration Fees by an Interested Party 】 
 
(1) Regardless of the intent of a person resp onsible for payment of registration fees, any 
interested party may pay such fees. 
 
(2) An interested party who has paid the regi stration 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 regist er the establishment of a de sign right, or the owner of a 
design right, may make late payments of the re gistration fees within six months from the 
expiration of the payment period prescribed under Article 31(2). 
 
(2) Where registration fees are pa id late under paragraph (1), an  amount equivalent to twice 
the registration fees shall be paid. 
 
(3) If the owner of the design ri ght or person wishing to register the establishment of a design 
right fails to pay the regist ration fees within the extend ed period provided for under 
paragraph (1), the application for design registration shall be deemed to have been abandoned 
or the design right concerned shall be deemed to have been extinguished retroactively to the 
time when the initial period for payment of the fees expired.  IP/N/1/KOR/D/2 
 Page 19 
 
 
Article 33 bis [Restoration of Application for Desi gn Registration or Design Right by 
Late Payment of Registration Fees, etc.]  
 (1) Where a person desiring to register a design right or an owner of a design right is unable 
to make late payment of  the registration fees for reasons be yond his control within the period 
for late payment under Article 33(1), he may ma ke late payment of the registration fees 
within fourteen days from the date on which the reasons cease to exist.  However, this 
provision shall not apply where six mont hs from the expiry of the period  for late payment 
under Article 33(1) have elapsed. 
 
(2) Where the late payment of the registration fees are made in accordance with  paragraph 
(1), notwithstanding Article 33( 3), the application for the desi gn registration shall be deemed 
not to have been abandoned and the design right  concerned shall be deemed to have existed 
retroactively to the time when the period for the payment of the regi stration fees expired. 
 
(3) The effects of an application for design re gistration or a design right under paragraph (2) 
shall not extend to the act of working said design or a design sim ilar thereto by another 
person from the date of expirati on of the period for late payment of the registration fees to the 
date of late payment of said registration fees (hereinafter referred to as the "term of limited 
effect"). 
 
(4) Where a person has, in good faith, been commercially or industrially working or 
preparing to work a design for which an applic ation for design registra tion has been filed, a 
registered design, or a design similar thereto under paragr aph (2) in the Republic of Korea 
during the term of limited effect, he shall ha ve a non-exclusive license for the design right 
concerned. However, said non-excl usive license shall be within th e scope of the object of the 
design or business that he is wo rking or preparing to work.  
 
(5) A person who has a non-exclusive license in accordance with paragraph (4) shall pay 
reasonable remuneration to the owner of th e design right or the exclusive licensee. 
 
Article 34  【Official Fees 】 
 
(1) A person who files an application for design registration, makes a request or initiates any 
other procedure shall pay the official fees. 
 
(2) Matters relevant to the paym ent of official fees, including the method and time limits for 
payment of the fees under paragraph (1), shall be  prescribed by the Ordinance of the Ministry 
of Commerce, Industry and Energy. 
 
Article 35  【Reduction or Exemption of Registration Fees or  
Official Fees 】 
 
(1) Notwithstanding Articles 31 and 34, the Commissioner of the Korean Intellectual 
Property Office shall grant an exemption from the pa yment of registration fees or official fees IP/N/1/KOR/D/2 
Page 20  
 
in the following situations: 
    (ⅰ) official fees or registration fees in rela tion to applications for design registration or 
design rights belonging to the State; or 
    (ⅱ) fees for requests for an invalidation trial made by an examiner under  Article 60(1). 
 
(2) Notwithstanding Articles 31 and 34, where an application for design registration has been 
filed by an entitled person in accordance with Ar ticle 3 of the National Assistance Law, or a 
person prescribed by the Ordinance of the Mi nistry of Commerce, Industry and Energy, the 
Commissioner of the Korean Intellectual Pr operty Office may reduce or exempt from 
payment, the registration fees equivalent to the first three years for the registration of the 
establishment of a design right and official fees as prescribed by the Ordinance of the 
Ministry of Commerce,  Industry, and Energy. 
 
(3) A person who wishes to take advantage of  reduced registration f ees or exemption from 
the payment of registration fees or official f ees in accordance with paragraph (2) shall submit 
the documents prescribed by the Ordinance of  the Ministry of Commerce, Industry and 
Energy to the Commissioner of the Ko rean Intellectual Property Office. 
 
Article 36  【Refund of Registration Fees, etc. 】 
 
(1) The registration fees and o fficial fees which have been paid shall not be refunded; 
however, such fees are refundable upon the re quest of the person making payment in the 
following cases: 
    (ⅰ) Registration fees and official fees which were paid by mistake; 
    (ⅱ) Amount corresponding to the registration f ee for the year following the year in which 
the decision on revocation or invalidation of  the design registration becomes final and 
conclusive. 
 
(2) Where registration fees and official fees have been paid incorrectly, the Commissioner of 
the Korean Intellectual Propert y Office shall make a notification to the party who paid said 
registration fees and official fees   
 
(3) The refund of the registration fees and offici al fees as referred to in paragraph (1)(i) may 
not be requested following the expiration of one year from 2, and the amount corresponding 
to the registration fee as referred to in paragr aph (1)(ii) is not subjec t to a refund from the 
date on which the decision to revoke to desi gn registration becomes final and conclusive. 
 
Article 37  【Design Register 】 
 
(1) The Commissioner of the Korean Intellect ual Property Office shall keep a Design  
Register at the Korean Intellectual Property Office and shall register the following matters: 
    (ⅰ) the establishment, transfer, extinguishment or  restriction on disposal of a design right; 
    (ⅱ) the establishment, maintenance, transfer, modification, extinguishment or restriction on  IP/N/1/KOR/D/2 
 Page 21 
 
 
disposal of an exclusive or non-exclusive license; and 
    (ⅲ) the establishment, transfer, modification, ex tinguishment or restriction on disposal of a 
pledge on a design right or on an ex clusive or non-exclusive  license. 
 
(2) The Design Register under paragraph (1) may be  stored in whole or in part in electronic 
format, such as on an electronic recording medium. 
 
(3) Relevant matters relating to the particulars and procedures of registration not provided for 
in paragraphs (1) and (2) shall be prescribed by Presidential Decree. 
 
Article 38  【Issuance of Design Registration Certificate 】 
 
(1) When the establishment of a design right has been registered, the Commissioner of the 
Korean Intellectual Property Office shall issue design registration certif icate to the owner of 
the registered design. 
 
(2) When design registration certificate does not coincide with the Design Register or other 
documents, the Commissioner of the Korean Inte llectual Property Office shall, upon request 
or ex officio,  reissue the design regi stration certificate with amendments, or issue a new 
design registration certificate. 
 
 
CHAPTER V 
DESIGN RIGHT 
 
Article 39  【Registration of Establis hment 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 th e Korean Intellectual Property Office shall 
publish the following particulars in the Design Gazette: 
    (ⅰ) the name and domicile of the owner of the design right (if a legal entity, the title, place 
of business); 
    (ⅱ) the registration number  of the design; and 
    (ⅲ) the date of registration of th e establishment of the right. 
 
Article 40  【Term of Design Right 】 
 
(1) The term of a design right shall be fiftee n years from the date of registration of its 
establishment.  However, the expi ration 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. IP/N/1/KOR/D/2 
Page 22  
 
(2) Where design registration is bestowed to a lawful holder under Article 14 or 15, the term 
of the design right under paragraph (1) shal l run from the day following the date of 
registration of the design right prev iously filed by the unentitled person. 
 
Article 41  【Effects of Design Right 】 
 
The owner of a design right shall have the exclus ive right to work the registered design and a 
design similar thereto commerci ally 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 wo rk the registered desi gn or similar design 
under Article 47(2). 
 
Article 42  【Design Right Relating to Similar Designs 】 
 
A design right relating to a simila r design as defined in Article 7( 1) shall be inco rporated in a 
design right relating to  the principal design. 
 
Article 43  【Scope of Protection of  Registered Designs 】 
 
The scope of protection conferred by a register ed design shall be determined by the terms of 
the specification in the application, the desi gn represented in a drawing attached to the 
application or shown in a photograph or sample  attached to the a pplication, and in the 
explanation of the intent and purpose of said design. 
 
Article 44  【Limitations of Design Right 】 
 
The effects of a design ri ght shall not extend to: 
    (ⅰ) use of the registered design for the purpose of research or experiment; 
    (ⅱ) vessels, aircrafts or vehicles merely passing through the Republic of Korea or the 
machinery, instruments, equipment or other accessories used therein; or 
    (ⅲ) identical products existing in  the Republic of Korea at the time the application for 
registration of a design was filed. 
 
Article 45  【Relationship with Another Registered Design 】 
 
(1) Where the working of a registered design w ould 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 prio r to the filing date of the 
application for registration of a design concerne d, the owner of the desi gn right or exclusive 
or non-exclusive licensee shall not work the re gistered design commercia lly or industrially  
  IP/N/1/KOR/D/2 
 Page 23 
 
 
without the consent of the owner of the earlier patent  right, utility mode l 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 appli cation filed prior to the filing date of the 
application for the registration of a design conc erned, or where a design right of the design 
similar to the registered design conflicts with another person's register ed design, patent right, 
utility model right or trademark right under an a pplication filed prior to the filing date of the 
application for registration of the design concer ned, 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 wit hout 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 con cerned, the owner of the desi gn right or exclusive or non-
exclusive licensee shall not work the registered  design or design simila r thereto commercially 
or industrially without the consen t 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 sim ilar design shall be assigned together. 
 
(2) A joint owner of a design right may neither  assign his share nor es tablish a pledge upon it 
without the consent of al l the other joint owners. 
 
(3) Each of the joint owners may, except as ot herwise agreed by a contract among all the joint 
owners, work the registered design or simila r design by himself without the consent of the 
other joint owners. 
 
(4) A joint owner may grant neither an excl usive license nor a non-exclusive license under 
the design right without the consen t 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 right. 
 
Article 47  【Exclusive License 】 
 
(1) The owner of a design right may gran t an exclusive license on the design right. 
 
(2) An exclusive licensee who has been gran ted 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. IP/N/1/KOR/D/2 
Page 24  
 
(3) An exclusive licensee may not transfer the lic ense without the consen t of the owner of the 
design right, except where it is tr ansferred together with the busi ness in which it is worked, or 
in the case of inheritance or other general succession. 
 
(4) An exclusive licensee may establish a pl edge or grant a non-exclusive license on the 
exclusive license only with the consen t of the owner of the design right. 
 
(5) The provisions of Articl e 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 licens e on his design right. 
 
(2) A non-exclusive licensee shall have the right to work the registered design and a design 
similar thereto commercially and industrially to the extent provided for in the Design Law or 
by the license contract. 
 
(3) The provisions of Article 46(2) and (3) and Ar ticle 102(4) to (6) of the Patent Law shall apply 
mutatis mutandis  to non-exclusive licenses. 
 
Article 50  【Non-exclusive License by Virtue of Prior Use 】 
 
Where, at the time of filing of an applicati on 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 a pplication, or has lear ned how to create the 
design from another person, and has been workin g 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 theret o, commercially or industrially in the Republic of Korea, in 
good faith, or has been making preparations theref or, prior to the registration of a request for 
an invalidation trial of the design registrati on concerned, without know ing that the design 
registration is subject to invali dation, 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 sh all be limited to the design which is being 
worked or for which preparations for worki ng are being made and to the purpose of such 
working or preparations:  IP/N/1/KOR/D/2 
 Page 25 
 
 
    (ⅰ) the original owner of the design right, wher e one of two or more design  registrations 
granted for the same or a simila r design has been  invalidated; 
    (ⅱ) the original owner of the design right,  where his design registration  has been 
invalidated and 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 invalidatio n trial of the design right that has been 
invalidated, has been grante d an exclusive or non-exclusive license, or non-exclusive 
license on the exclusive license, and such lic ense has been registered.  However, a 
person falling under Article 118(2 ) of the Patent Law as appl ied under Article 61 of the 
Design Law is not required to register the license. 
 
(2) A person who has been granted a non-exclus ive license in accordan ce with paragraph (1) 
shall pay reasonable remuneration as considera tion to the owner of the design right or the 
exclusive licensee. 
 
Article 52  【Non-exclusive License After Expi ration 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 applicat ion 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 ri ght expires, or has non- exclusive lic ense 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 right expi res, or a non-exclusiv e licensee under Article 
118(1) of the Patent Law, as applied mutatis mutandis  in accordance with  Article 61 of the 
Design Law, has a non-exclusive license with respect to a design right not exceeding the 
scope of the primary design right, or has a non-e xclusive license with respect the exclusive 
license of the design right which exists at th e time when the term of primary design right 
expires. 
 
(3) The provisions of paragr aphs (1) and (2) shall apply mutatis mutandis  to cases where a 
registered design or a de sign 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 pu rsuant to the provisions of paragraph (2) 
(including cases in which the prov isions of para graph (3) apply mutatis mutandis ) shall pay 
reasonable remuneration to the owner of the desi gn right or the exclusive licensee in relation 
to the design right. 
 
 IP/N/1/KOR/D/2 
Page 26  
 
Article 53  【Abandonment of Design Right 】 
 
The owner of a design right may abandon his design right. 
 
Article 54  【Restriction on Abandonmen t of Design Right, etc. 】 
 
(1) The owner of a design right shall not abando n his design right without the consent of the 
exclusive licensee, pledgee, or  non-exclusive licensee under Arti cles 47(4) or 49(1) of the 
Design Law or Article 39(1) of the Patent Law as applied mutatis mutandis  under Article 24 
of the Design Law. 
 
(2) An exclusive licensee shall not abandon his exclusive license without the consent of the 
pledgee or non-exclusive licensee un der the provisions of Article 47(4). 
 
(3) A non-exclusive licensee shall not abandon hi s non-exclusive license without the consent 
of the pledgee. 
 
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 exclus ive 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 ag ainst the remuneration provide d for under the Design Law or 
against remuneration or goods to be received fo r the working of the design right; however, an 
attachment order shall be obtained prior to th e 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 th e registered design or similar design which is 
the subject of a pledge prior to the establis hment 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 shal l pay reasonable remuneration to 
the pledgee. 
 
Article 59  【Extinguishment of Design Ri ght in Absence of Successor 】 
 
A design right shall be extinguished if, at  the time of succession, no successor exists.  IP/N/1/KOR/D/2 
 Page 27 
 
 
Article 60 【Report on Working of  Registered Design 】 
 
The Commissioner of the Korean Intellectual Property Office may require the owner of a 
design right, or exclusive or non-exclusive licensee, to re port upon whether the registered 
design has or has not been worked a nd the extent of such working, etc. 
 
Article 61 【Mutatis Mutandis  Application of Provisions of the Patent Law 】 
 
The provisions of Articles 101, 106, 118 and 125bis of Patent Law shall apply mutatis 
mutandis  to design rights. 
 
 
CHAPTER VI 
PROTECTION OF OWNE R OF DESIGN RIGHT 
 
Article 62  【Injunction Against Infringement, etc. 】 
 
(1) An owner of a design right or exclusive li censee 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 righ t or an exclusive licensee w ho is acting under paragraph (1) 
may demand the destruction of the articles whic h 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 i ndustrially manufacturing, assignin g, leasing, importing or offering 
for assigning or leasing (inclu ding displaying for the purpose of assignment or lease) articles 
used exclusively for the manufacture of articles to which a registered design or similar design 
is applied shall be deemed to be an infringe ment of the design right  or exclusive license. 
 
Article 64  【Presumption, etc., of Amount of Damage 】 
 
(1) Where the owner of a design right or ex clusive licensee claims compensation from a 
person who has intentionally or negligently infringed a design ri ght or exclusive license for 
damages caused by the infringer's transfer of articles, the amount of damages suffered by the 
owner of the trademark right or exclusive li censee may be calculated as the number of 
transferred articles multiplied by the profit per unit of the articles that the owner of the 
trademark right or exclusive licensee might have sold in the absence of said infringement.  
Provided that, said compensation may not ex ceed an amount calculated as follows: the 
estimated profit per unit multiplied by the number of  articles that the trademark right owner 
or licensee could have produced subtracted by the number of units actually sold.  However, 
where circumstances other than the infringe ment exist that prevent the owner of the 
trademark right or exclusive licensee from selling part or all of  the articles, the amount 
calculated according to the number of  articles that could not have  been sold because of said IP/N/1/KOR/D/2 
Page 28  
 
circumstances shall be deducted. 
(2) Where the owner of a design  right or exclusive licensee cl aims compensation for damages 
from a person who has intentiona lly or negligently infringed a design right or exclusive 
license, the profits gained by the infringer as a re sult of the infringement shall be presumed to 
be the amount of damage suffered by the owner of the design right or  exclusive licensee. 
 
(3) An owner of a design right or exclusive licensee may clai m 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 in fringed the design right or 
exclusive license, as the amount of damages suffered by him by the infringement. 
 
(4) Notwithstanding paragraph (2), where the amount of damages exceed the amount referred 
to in paragraph (2), the amount in excess may al so be claimed as compensation for damages.  
In such a case, the court may take into consid eration 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. 
 
(5) In litigation relating to the infringement of  a design right or an exclusive license, where 
the court recognizes that the nature of the facts of th e case make it difficult to provide 
evidence proving the amount of damage that has occurred, notwithstanding paragraphs (1) to 
(4), the court may determine a reasonable am ount on the basis of an examination of the 
evidence and a review of all the arguments. 
 
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 in fringement of a design right or  exclusive license relating to 
a design registered as a secr et design under Article 13(1). 
 
(2) The provision of paragraph (1) shall apply mutatis mutandis  to cases where the owner of 
the design right or exclusive or non-exclusive  licensee of registration design of unexamined 
design infringes another person's de sign 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 licen see, the court may, in lieu of 
damages or in addition thereto, order the pers on 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 Law 】 
 
The provisions of Article 132 of the Patent Law shall apply mutatis mutandis  to the  IP/N/1/KOR/D/2 
 Page 29 
 
 
protection of the owner of a design right. 
 
Article 67 bis 【Trial Against Decision to Rejection Amendment 】  
 
Where a person who receives a decision of reje ction of amendment under Article 18bis(1) is 
dissatisfied therewith, he may request a trial within thirty days from the date of receipt of the certified copy of the decision. 
 
Article 67 ter 【Trial Against a Decision to Refuse de sign registration or a Decision to 
Revoke design registration 】 
 
Where a person has received a decision to refu se or revoke design registration, such person 
may request a trial within thirty days from the date of receipt of the certified copy of the ruling. 
 
 
CHAPTER Ⅶ 
TRIAL 
 
Article 68 【Trial to Invalidate design registration 】 
 
(1) In the following cases, an interested pers on or an examiner may request a trial to 
invalidate design registration.  In  such cases, request may be made with respect to each 
design for which an applicati on for registration of multiple  designs is made pursuant to 
Article 11 bis. 
 
 (ⅰ) the registration has been effected cont rary to Articles 5, 6, 7(1), 10, 16(1) and 
16(2) of the Design Law or Article 25 of the Patent Law as applie d under Article 4 of 
the Design Law; 
     
(ⅱ) where it is filed by a person who do not have the right to obtain a pa tent or it is not 
patentable under the proviso of Articles 3(1);  
    
(ⅲ) the registration has been eff ected with respect to an application for registration of a 
design filed by a person who is not entitle d to obtain the design registration;  
(ⅳ) the registration has been effected cont rary to the provisions of a treaty; or 
    
(ⅴ) after the registra tion, the owner of the design right is no longer capable of enjoying 
the design right under Article 25 of the Pate nt Law as applied under Article 4 of the 
Design Law, or the registration no longer complies with a treaty. 
 
(2) A trial under paragraph (1) may be request ed even after the extinguishment of a design 
right. 
 
(3) Where a trial decision invalidating design re gistration has become final and conclusive IP/N/1/KOR/D/2 
Page 30  
 
(except design registration of a similar design), the design right  shall be deemed never to 
have existed; however, where design registrati on falls under paragrap h (1)(iv) and a trial 
decision invalidating the design registration has b ecome 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 design re gistration 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 desi gn registration of a similar design has become 
final and conclusive or where the design regi stration of a similar design becomes invalid 
under paragraph (4), the design right of the simila r design shall be deemed not to have existed 
from the beginning.  However, where a trial decision invalidating de sign 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 paragrap h (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 th e design registration. 
 
Article 69  【Trial to Confirm the Scope of a Design Right 】 
 
The owner of a design right or an interested pe rson 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 ri ght, or exclusive or non-exclusi ve licensee, desires to obtain 
permission to exercise the right provided for in Article 45(1), and if the ot her party refuses to 
grant permission without justifiable reasons or if  it is not possible to obtain such permission, 
the said owner or exclusive or non-exclusive li censee 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 pa ragraph (1) desires to work 
the registered design of the person who has b een granted such non-exclusive license, and if 
the latter refuses to give pe rmission or if it is impossible to obtain such permission, the 
former may request a trial for th e grant of a non-exclusive licen se 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, ow ner of the utility model right, owner of the 
design right or exclusive licensee thereof; how ever, if payment is not possible for reasons 
beyond the control of the said non-exclusive lic ensee, the remunerati on shall be deposited. 
 
(4) A non-exclusive licensee under paragraph (3 ) shall not work the patented invention,  IP/N/1/KOR/D/2 
 Page 31 
 
 
registered utility model or design right or si milar design without payment of remuneration or 
deposit thereof. 
 
Article 71  【Mutatis Mutandis  Application of the Provision s of Examination to Trial 
Against Decision to Refu se Design Registration 】 
 
(1) The provisions of main stipul ation of Article 18(1), Articles 18 bis, 27 and 28 shall apply 
mutatis mutandis  to trial against decision to refuse desi gn registration. In such cases, "before 
transmittal of the examiner's first decision to either grant or refuse design registration under 
the provisions of Article 28 (hereinafter referre d to as 'decision to gr ant or refuse design 
registration')" in Article 18(1)  shall read "within the time lim it designated for submission of 
arguments by notification of reasons for refusa l", "where an applicant has requested a trial 
under Article 67 bis" in Article 18 bis(3) shall read "where an action has been brought  under 
Article 186(1) of the Patent Law applying mutatis mutandis  under Article 75 of this Law", 
and "until the trial decision has become final an d conclusive" shall read "until the ruling has 
become final and conclusive". 
 
(2) The provisions of Article 18 bis(1), (4) and 27 applying mutatis mutandis  under paragraph 
(1) shall apply only to cases where the reasons  for refusal differ from the grounds for the 
examiner's original decision to refuse design registration. 
 
Article 72 【Mutatis Mutandis Application of Provisions of the Patent Law 】 
 
The provisions of Articles 139 to 166 and 171 to 176 of the Pat ent Law shall apply mutatis 
mutandis to trials concerning designs.  In such cases, "A person who des ires to request a 
trial against a decision of refusal or revocation of a patent u nder Article 132 ter" in Article 
140bis(1), excluding the subparagraphs thereof, shall read "a person who desires to request 
a trial under Article 67 bis or 67 ter", "date of decision" in Article 140 bis(1)(iv) shall read "date 
of decision to refuse design regi stration, date of decision to revoke design registration, or 
date of decision to reject an amendment", "the costs in connect ion with a trial under Article 
132ter and 136 or 138" in Article 165(3) of the Patent Law shall read  "the costs in connection 
with the trial under Article 67 bis, 67ter or 70", and "a ruling of refusal to grant a patent, a 
ruling of refusal against registration of an extension of term of a patent right, or revocation 
by an examiner" in Article 171(2) of the Patent Law shall read "a decision to reject an 
amendment, refuse design registra tion, or revoke design registr ation".  
 
 
CHAPTER Ⅷ 
RETRIAL AND LITIGATION 
 
Article 73  【Request for Retrial 】 
 
(1) Any party may request a re trial against a trial decision that has become final and 
conclusive. IP/N/1/KOR/D/2 
Page 32  
 
 
(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 invalida ted design registration has been restored 
through a retrial and falls under any of the following subparagra phs, 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) a design right (incl uding a design right that has been finally and conclusively revoked 
in a trial against a decision to  revoke design registration) th at had been invalidated but 
was restored by retrial; 
    (ⅱ) 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 re spect to an applicati on 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; 
    (ⅱ) manufacturing, assigning, leasing, importing, or offering for assi gning or leasing the 
products to which the registered design has b een applied, after the trial decision became 
final and conclusive but before the re gistration of the request for a retrial.    
 
Article 75 【Mutatis Mutandis  Application of Provisions of the Patent Law 】 
 
The provisions of Articles 179, 180 and 182 to 185, of the Patent Law and Articles 186 to 
191 of the Patent Law shall apply mutatis mutandis  to a retrial or litigat ion with respect to a 
design.  In such cases, "action against a trial decisi on" in Article 186(1) of the Patent Law 
shall read "action against a tria l decision, and a decisi on to reject  an amendment under Article 
18bis(1) shall apply mutatis mutandis  under Article 71(1) (includi ng where Article 184 of the 
Patent Law applies mutatis mutandis  under Article 75)". 
 
 
 
 
 
 
  IP/N/1/KOR/D/2 
 Page 33 
 
 
CHAPTER IX 
SUPPLEMENTARY PROVISIONS 
 
Article 76  【Inspection of Documents 】 
 
(1) A person who desires design registration  certificate, a certifie d 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 Intellectual Property Office or the 
President of the Intellectual Property Tribunal. 
 
(2) The Commissioner of the Korean Intellectua l Property Office or the President of the 
Intellectual Property Tribunal may not grant th e request under paragrap h (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 liable to contravene  public order or morality.  
 
Article 77  【Prohibition of Opening or Removal of Design Register and Documents 
Relating to Application, Examination or Trial 】 
 
(1) The removal of the Design Register or of documents relating to an application for design 
registration, examination, and opposition to the re gistration of an unexamined design, trial or 
retrial shall be prohibited.  However, this pr ovision shall not apply in  cases concerning the 
removal of documents relating to an applica tion for design registra tion or examination.  
 
(2) A response shall not be given to a request  for an expert opinion, testimony or an inquiry 
as to the contents of a pending application for design registration, examination, opposition to 
the registration of unexamined desi gn, trial or retrial or as to th e contents of a decision or 
ruling.  
Article 78  【Design Gazette 】 
 
(1) The Korean Intellectual Property Office shall publish the Design Gazette. However, a 
registered design which is require d to be kept in secret for the purposes of national defense 
under Article 41 of the Patent Law as applied und er Article 24 of the Design Law shall not be 
published in the Design Gazette. 
 
(2) The Design Gazette may be published throug h a communication network as prescribed by 
Ordinance of the Ministry of the Trade, Industry and Energy. 
 (3) When the Design Gazette is published throug h electronic media, the Commissioner of the 
Korean Intellectual Property Office shall make  public the fact of publ ication 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 dete rmined by Presidential Decree. IP/N/1/KOR/D/2 
Page 34  
 
Article 79  【Design Registration Marking 】 
 
The owner of a design right or an exclusiv e or non-exclusive licen see may mark upon the 
product to which a registered design has been a pplied 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 unlawful: 
    (ⅰ) marking an indication of design registration having been granted or an application for 
registration of a design having been file d, or any sign likely to cause confusion 
therewith, on a product for which design regi stration has not been granted or an 
application for the registration of a design is not pending, or on a container or package 
thereof; 
    (ⅱ) assigning, leasing or displaying product wh ich 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 confus ingly similar indication, on advertisements, 
signboards or tags for the purpose of causing others to manufacture, use or lease the 
product for which design registration has not been granted or a design application is not 
pending. 
 
Article 81 【Mutatis Mutandis  Application of Provisions of the Patent Law 】 
 
The provisions of Artic les 218 to 220, 222 and 224 bis of the Patent Law 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 la bor not exceeding seven  years or to a fine not exceeding 100 million  
Won. 
 
(2) Prosecution for offenses under paragraph (1) shall be initiated upon filing of a complaint 
by an injured party. 
 
Article 83  【Offense of Perjury 】 
 
(1) Where a witness, expert w itness or interpreter, having taken an oath under the law, has 
made a false statement or given a false expe rt opinion or interpreted falsely before the  IP/N/1/KOR/D/2 
 Page 35 
 
 
Intellectual Property Tribunal, he shall be liable to impris onment with labor not exceeding 
five years or to a fine not exceeding 10 million Won. 
 
(2) Any person having committed an offense unde r paragraph (1) who admits it prior to the 
examiner's decision or decisi on on opposition to re gistration 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 fi ne not exceeding 20 million won. 
 
Article 85  【Offense of Fraud 】 
 
Any person who has obtained 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 20 million won. 
 
Article 86  【Offense of Divulging Secrets 】 
 
Where any present or former official of th e Korean Intellectual Property Office or the 
Intellectual 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 dutie s, he shall be liable to imprisonment with 
labor not exceeding two years or to a fine not exceeding 3 million Won. 
 
Article 87  【Dual Liability 】 
 
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, in addition to the offender, the legal entity shall be sentenced to fine which falls any of the following subparagraphs and the 
natural person shall be sentenced to the fi ne provided for in the relevant Article.
 
 
(ⅰ) Article 82(1): a fine not exceeding 300 million Won; or 
 (ⅱ) Article 84 or 85: a fine  not exceeding 60 million Won. 
 
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 Intell ectual Property Tribuna l after having taken IP/N/1/KOR/D/2 
Page 36  
 
an oath under Article 271(2) or 339 of the Code of Civil Procedure 
    (ⅱ) after having been ordered by the Intellec tual Property Tribuna l 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 Intellectua l 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 para graph (1) shall be imposed and collected by the 
Commissioner of the Korean Intellectual Propert y 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 th e Korean Intellectual Property Office within 
thirty days from the date of  notification of the imposition. 
 
(4) The Commissioner of the Korean Intellectual Property Office shall, upon receipt of a 
protest under paragraph (3), notify the competen t court that shall adjudicate upon the case of 
the administrative fine according to the provisi ons of the Act on Non-C ontentious 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 Commi ssioner of the Korean Intellectual Property 
Office shall collect it in accordan ce with the 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 Law 】 
 
The provisions of Article 231 of  the Patent Law shall apply mutatis mutandis  to penal 
provisions with respect to designs. 
 
 
ADDENDUM  
  
Article 1  【Date of Entry into Force 】 
 
The Design Law shall enter into force on March 1, 1998.  
 
  IP/N/1/KOR/D/2 
 Page 37 
 
 
Article 2  【Transitional Measures as to A pplication 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 Law 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 Law shall be govern ed by the previous provisions. 
 
Article 4  【Transitional Measures as to Rejection of Amendment 】 
 
With regards to amendment before the entry into  force of this Law, 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 af ter the entry into force of the Design Law. 
 
Article 6  【Application of Extension of Te rm 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 regi stration after the entry into force of the Design 
Law. 
 
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 Law, or to the exclusive licensee thereto. 
 
 
ADDENDUM  
 
Article 1  【Date of Entry into Force 】 
 
This Law shall enter in to force on July 1, 2001.  However, the amended provisions of Article 
36(2) and (3) shall enter into force on and after the day of promulgation. 
 
 
 
 IP/N/1/KOR/D/2 
Page 38  
 
Article 2  【General Transitional Measures 】 
 
The previous provisions shall apply to the re quirements for registration, division, conversion, 
examination, registration, design right, oppositio n to an unexamined design registration, trial, 
retrial and/or litigation related to an applicat ion for design registration that occurred before 
this Law entered into force.  However, the pr evious provisions shall not apply to cases that 
fall under any of the following subparagraphs. 
 1. The amended provisions of Article 31 bis shall apply to cases where a design(s) in an 
application for multiple desi gn registration is abandoned. 
 
2. The amended provisions of Article 33 bis shall apply where an application for design 
registration or design right is deemed to have existed retroactively by late payment of the 
registration fees. 
 
3. The provisos of Article 140 bis(1) and Article 140 bis(3) of the Patent Law that apply 
mutatis mutandis under the amended provisions of Article 72 shall apply where a trial against 
a ruling to refuse design registration is requested. 
 
__________ 
 
   
 
 
 