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DESIGN PROTECTION ACT
[Enforcement Date 20. Apr, 2022.] [Act No.18500, 19. Oct, 2021., Partial
Amendment]
특허청 (디자인심사정책과)042-481-5766
법제처 국가법령정보센터
www.law.go.kr
2023.03.05
법제처                                                            1                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
DESIGN PROTECTION ACT 
[Enforcement Date 20. Apr, 2022.] [Act No.18500, 19. Oct, 2021., Partial Amendment] 
특허청 (디자인심사정책과) 042-481-5766 
 
            CHAPTER I GENERAL PROVISIONS
 
Article 1 (Purpose) The purpose of this Act is to contribute to developing industries by protecting designs
and promoting the use thereof and encouraging new designs.
 
Article 2 (Definitions) The terms used in this Act are defined as follows: <Amended on Apr. 20, 2021>
1. The term "design" means a shape, pattern, or color of an article [including parts of an article, fonts, and
images; hereinafter the same shall apply] or a combination thereof, which invokes a sense of beauty 
through visual perception; 
2. The term "font" means a set of characters (including those in the form of numerals, punctuation marks,
symbols, etc.) made in a style with common characteristics for recording, marking, or printing; 
2-2. The term "image" means a figure, symbol, etc. expressed by digital technology or electronic means
[limited to those that are used for the operation of devices or that exhibit a function, and including parts 
of an image]; 
3. The term "registered design" means a design accepted for design registration;
4. The term "design registration" means either registration of an examined design or partially-examined
design; 
5. The term "registration of an examined design" means that an application for design registration is
registered only when the application successfully passes an examination as to whether it meets all 
requirements for design registration; 
6. The term “registration of a partially-examined design” means that a design is registered if an application
successfully passes an examination as to whether it meets only some of the requirements for design 
registration; 
7. The term "working of a design" means any of the following acts:
(a) Producing, using, assigning, leasing, exporting, or importing an article, or offering to assign or lease 
such article (including displaying the article to assign or lease it; hereinafter the same shall apply), where 
a design is to be used in the article (excluding an image); 
(b) Producing or using an image; providing such image via telecommunications lines; offering to provide 
the image via telecommunications lines (including displaying the image to provide it via 법제처                                                            2                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
telecommunications lines; hereinafter the same shall apply); assigning, leasing, exporting, or importing a 
medium in which the image is stored; or offering to assign or lease such medium (including displaying 
the medium to assign or lease it; hereinafter the same shall apply), where a design is to be used in the 
image. 
 
Article 3 (Persons Eligible for Design Registration) (1) A person who creates a design, or his or her
successor shall have a right to register the design in accordance with the provisions of this Act: Provided,
That no design shall be registered for any employee of the Korean Intellectual Property Office or the
Intellectual Property Trial and Appeal Board while he or she is in service, except for a registered design
acquired by inheritance or bequest.
(2) If at least two persons jointly create a design, such persons shall jointly have the right to register the
design.
 
Article 4 (Legal Capacity of Minors) (1) No minor or person under limited guardianship or person under
adult guardianship shall file an application or a claim or initiate any other procedure in relation to design
registration (hereinafter referred to as “design-related procedure”) without being represented by his or her
legal representative: Provided, That the foregoing shall not apply where a minor or a person under limited
guardianship is allowed to do a legal act independently.
(2) A legal representative referred to in paragraph (1) may file a written opposition to registration of a
partially-examined design sought by an adverse party or a petition for a trial or retrial on such petition to
object without the guardianship supervisor’s consent thereto.
 
Article 5 (Unincorporated Associations) If an unincorporated association or foundation has already
appointed a representative or an administrator, such association or foundation may become a person who
raises an objection to the registration of a partially-examined design or a petitioner or respondent for a trial
or retrial on such petition in the name of the association or foundation.
 
Article 6 (Design Administrators for Non-Residents) (1) A person who has neither domicile nor a place
of business in the Republic of Korea (hereinafter referred to as “non-resident”) shall not initiate any design-
related procedure or file a lawsuit against a disposition made by an administrative authority under this Act or
pursuant to an order issued under this Act, unless such non-resident is represented by a person who acts as
an agent for the non-resident’s designs and has domicile or a place of business in the Republic of Korea
(hereinafter referred to as “design administrator”), except when the non-resident (or the representative of the
non-resident, if the non-resident is a corporation) sojourns in the Republic of Korea.법제처                                                            3                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
(2) A design administrator shall represent his or her principal in a lawsuit filed with respect to a design-
related procedure or a disposition made by an administrative authority under this Act or pursuant to an
order issued under this Act, within the scope of authority delegated to him or her.
 
Article 7 (Scope of Authority of Agency) No agent (including a design administrator; the same shall
apply hereinafter) to whom a power of attorney is granted by a person who has domicile or a place of
business in the Republic of Korea shall do any of the following acts, unless he or she is expressly so
delegated:
1. To abandon or withdraw an application for design registration or to renounce a design right;
2. To withdraw an application;
3. To withdraw a petition;
4. To file a petition for a trial under Article 119 or 120;
5. To appoint a sub-agent.
 
Article 8 (Proof of Authority of Agency) A person who initiates a design-related procedure as an agent
shall prove his or her power of attorney in writing.
 
Article 9 (Ratification of Defects in Legal Capacity) A procedure initiated by a person who lacks legal
capacity or authority for legal representation, or by a person who has a defect in his or her power of
attorney, any of which is necessary for initiating a design-related procedure, shall take effect retroactively to
when relevant acts have been done, if the right party or legal representative, as subsequently amended,
ratifies the procedure.
 
Article 10 (Non-Extinguishment of Authority of Agency) The authority of agency granted to an agent
by a person who initiates a design-related procedure shall survive even when any of the following grounds
arises:
1. The principal dies or loses legal capacity;
2. The principal disappears as a consequence of a merger, if the principal is a corporation;
3. The principal’s duty as a trustee is terminated;
4. The legal representative dies or loses legal capacity;
5. The legal representative’s power of attorney is terminated or changed.
 
Article 11 (Independence of Representation) If a person who initiates a design-related procedure is
represented by at least two agents, each of the agents shall independently represent the principal before the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and법제처                                                            4                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
Appeal Board.
 
Article 12 (Order to Appoint or Replace Agent) (1) If the Commissioner of the Korean Intellectual
Property Office or a presiding administrative patent judge appointed under Article 132 (hereinafter referred
to as “chief administrative patent judge”) finds that a person who initiates a design-related procedure is
unable to properly perform the procedure or to make oral arguments in oral hearings or is incompetent to
initiate the procedure on any other ground, he or she may issue an order to appoint an agent who shall
initiate the procedure on behalf of the person.
(2) If the Commissioner of the Korean Intellectual Property Office or a chief administrative patent judge finds
that an agent who initiates a design-related procedure is unable to properly perform the procedure or to
make oral arguments in oral hearings or is incompetent to initiate the procedure on any other ground, he or
she may issue an order to replace the agent with another person.
(3) In cases falling under paragraph (1) or (2), the Commissioner of the Korean Intellectual Property Office or
a chief administrative patent judge may order a patent attorney to represent the person.
(4) When the Commissioner of the Korean Intellectual Property Office or a chief administrative patent judge
issues an order to appoint or replace an agent under paragraph (1) or (2), he or she may completely or
partially invalidate the design-related procedure initiated by the person under paragraph (1) or the agent
under paragraph (2) before the Commissioner of the Korean Intellectual Property Office or the President of
the Intellectual Property Trial and Appeal Board, upon receipt of a request from the person who performs the
design-related procedure.
 
Article 13 (Representation of Multi-Party) (1) Where at least two persons jointly follow a design-related
procedure, each of them shall represent the others, except for any of the following acts: Provided, That if
such persons appoint a person as their representative and report to the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board on the
appointment, the representative shall represent the others:
1. Abandonment or withdrawal of an application for design registration;
2. Withdrawal of an application;
3. Withdrawal of a petition;
4. Requests for the publication of an application under Article 52;
5. Petitions for a trial under Article 119 or 120.
(2) When a report is filed under the proviso of paragraph (1), the appointment of the representative shall be
evidenced in writing.법제처                                                            5                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
Article 14 (Application Mutatis Mutandis of the Civil Procedure Act) Except as otherwise provided
in this Act, the provisions of Section 4 of Chapter II of Part I of the Civil Procedure Act shall apply mutatis
mutandis to agents.
 
Article 15 (Jurisdiction over Non-Residents) If an non-resident has already appointed a design
administrator for his or her design right or any right to a design, the domicile or place of business of the
design administrator shall be deemed the place where the property referred to in Article 11 of the Civil
Procedure Act is situated, whereas the seat of the Korean Intellectual Property Office shall be deemed the
place where such property is situated, if an non-resident has not appointed a design administrator.
 
Article 16 (Calculation of Period) Periods provided in this Act or an order issued under this Act shall be
determined as follows:
1. The first day of a period shall not be counted: Provided, That the foregoing shall not apply where a period
starts at midnight; 
2. If a period is expressed in months or years, it shall be counted according to the calendar;
3. If a period does not start on the first day of a month or year, the period shall expire on the day
immediately preceding the date corresponding to the start date of the period in the last month or year: 
Provided, That if a period is counted in months or years but there is no corresponding day in the last 
month, the period shall expire on the last day of the month; 
4. If the last day of a period for a design-related procedure falls on a Saturday or public holiday (including
the Workers' Day under the Designation of Workers' Day Act), the period shall expire on the day 
immediately following that Saturday or public holiday. 
 
Article 17 (Extension of Period) (1) The Commissioner of the Korean Intellectual Property Office or the
President of the Intellectual Property Trial and Appeal Board may, upon request or ex officio, extend a period
for amending grounds, etc. for filing a written opposition to registration of a partially-examined design under
Article 69 or a period for filing a petition for a trial under Article 119 or 120 only once, by up to 30 days:
Provided, That the number of extensions and the period of an extension may be additionally increased or
extended for a person from a remote and hard-to-access area, as prescribed by Ordinance of the Ministry of
Trade, Industry and Energy.
(2) When the Commissioner of the Korean Intellectual Property Office, the President of the Intellectual
Property Trial and Appeal Board, a chief administrative patent judge, or an examiner defined under Article 58
(hereinafter referred to as “examiner”) specifies a period for a design-related procedure under this Act, he or
she may, upon request, reduce or extend the period or may, ex officio, extend the period. In such cases, the법제처                                                            6                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
Commissioner of the Korean Intellectual Property Office or other competent authority shall ensure that no
parties involved in the procedure shall be unfairly undermined when he or she makes a decision on whether
to reduce or extend a period.
(3) When a chief administrative patent judge or an examiner specifies a deadline for a design-related
procedure under this Act, he or she may change the deadline, upon request or ex officio.
 
Article 18 (Invalidation of Procedures) (1) If a person ordered to amend a design-related procedure
under Article 47 fails to amend the procedure within the specified period, the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board may invalidate
the procedure.
(2) If the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property
Trial and Appeal Board invalidates a design-related procedure under paragraph (1) but deems that a failure
to amend such procedure within the specified period is due to a justifiable cause, he or she may revoke such
invalidation within two months from the date the relevant cause ceases to exist, upon receipt of a request
from the person ordered to amend the procedure: Provided, That the foregoing shall not apply where one
year has passed since the end of the specified period. <Amended on Oct. 19, 2021>
(3) When the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual
Property Trial and Appeal Board invalidates a procedure under paragraph (1) or revokes the invalidated
procedure under the main clause of paragraph (2), he or she shall give notice of the disposition to the
person ordered to amend the procedure.
 
Article 19 (Subsequent Amendment of Procedures) If a person who initiated a design-related
procedure fails to complete the procedure within any of the following periods due to a cause beyond his or
her control, he or she may subsequently amend the procedure within two months after the cause ceases to
exist: Provided, That the foregoing shall not apply where one year has passed since the end of the specified
period. <Amended on Feb. 29, 2016>
1. The period for filing a petition for a trial under Article 119 or 120;
2. The period for filing a petition for a retrial under Article 160.
 
Article 20 (Succession to Effects of Procedures) The effect of a procedure followed with respect to a
design right or other rights relating to a design shall be transferred to a successor to the design right or the
relevant right relating to the design.
 
Article 21 (Continuation of Procedures) Where a design right or other right relating to a design is
transferred while a design-related procedure is pending at the Korean Intellectual Property Office or in the법제처                                                            7                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
Intellectual Property Tribunal, the Commissioner of the Korean Intellectual Property Office or the chief
administrative patent judge may allow the successor to the design right or the relevant right relating to the
design to continue the design-related procedure.
 
Article 22 (Interruption of Procedure) In any of the following cases, a design-related procedure pending
at the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board shall be
suspended: Provided, That the foregoing shall not apply where an agent has been authorized to continue the
procedure:
1. If a party dies;
2. If a corporate party is extinguished following a merger;
3. If a party loses capacity to follow the procedure;
4. If a party’s legal representative dies or forfeits a power of attorney;
5. If the duty of a trustee entrusted by a party terminates;
6. If the representative under the proviso of Article 13 (1) dies or forfeits his or her qualification;
7. If a bankruptcy trustee or a person who has intervened in the procedure for other person in his or her
name with a certain qualification forfeits the qualification or dies. 
 
Article 23 (Taking-Over of Suspended Procedures) If a procedure pending at the Korean Intellectual
Property Office or at the Intellectual Property Trial and Appeal Board is suspended under Article 22, any of
the following persons shall take over the procedure:
1. In cases falling under subparagraph 1 of Article 22: The heir, the administrator of the inherited estate, or a
person authorized to resume the procedure under any Act: Provided, That no heir may take over the 
procedure while an heir can renounce inheritance; 
2. In cases falling under subparagraph 2 of Article 22: The corporation incorporated following a merger or
the corporation surviving a merger; 
3. In cases falling under subparagraphs 3 and 4 of Article 22: The party whose capacity to follow the
procedure is reinstated or a person who becomes the legal representative; 
4. In cases falling under subparagraph 5 of Article 22: The new trustee;
5. In cases falling under subparagraph 6 of Article 22: The new representative or either party;
6. In cases falling under subparagraph 7 of Article 22: An equally qualified person.
 
Article 24 (Applications for Taking-Over) (1) Taking-over of a procedure suspended under Article 22 may
be applied for by a person specified in any subparagraph of Article 23. In such cases, the other party may
request the Commissioner of the Korean Intellectual Property Office or an administrative patent judge under법제처                                                            8                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
Article 130 (hereinafter referred to as “administrative patent judge”) to order the person specified in any
subparagraph of Article 23 to file an application for taking-over.
(2) Upon receipt of an application for the taking-over of a suspended procedure under Article 22, the
Commissioner of the Korean Intellectual Property Office or the chief administrative patent judge shall notify
the other party thereof.
(3) If the Commissioner of the Korean Intellectual Property Office or a administrative patent judge finds, as a
result of an investigation he or she conducted ex officio, that an application filed for the taking-over of a
suspended procedure under Article 22 is groundless, he or she shall dismiss the application.
(4) If a person specified in any subparagraph of 23 fails to take over a suspended procedure, the
Commissioner of the Korean Intellectual Property Office or the administrative patent judge shall order the
person to resume the procedure within the period he or she specifies ex officio.
(5) If a person ordered to take over a procedure under paragraph (4) fails to succeed the procedure within a
period specified under that paragraph, the procedure shall be deemed resumed on the day immediately after
the end of the period.
(6) Where a procedure is deemed taken over under paragraph (5), the Commissioner of the Korean
Intellectual Property Office or the chief administrative patent judge shall notify the parties thereof.
 
Article 25 (Abeyance of Proceeding) (1) If the Commissioner of the Korean Intellectual Property Office or
an administrative patent judge is unable to perform any of his or her duties due to a natural disaster or
other cause beyond his or her control, the procedure pending at the Korean Intellectual Property Office or at
the Intellectual Property Trial and Appeal Board shall be adjourned until such cause ceases to exist.
(2) If either party is unable to resume a procedure pending at the Korean Intellectual Property Office or at
the Intellectual Property Trial and Appeal Board due to a disability, the Commissioner of the Korean
Intellectual Property Office or the competent administrative patent judge may issue an order to suspend the
procedure until the disability is eliminated.
(3) The Commissioner of the Korean Intellectual Property Office or an administrative patent judge may revoke
a decision made under paragraph (2).
(4) When the Commissioner of the Korean Intellectual Property Office or a presiding administrative patent
judge adjourns a procedure under paragraph (1) or (2) or revokes a decision under paragraph (3), he or she
shall notify each party thereof.
 
Article 26 (Effects of Interruption or Abeyance) When a design-related procedure is interrupted or falls
into abeyance, the running of a term shall be suspended, and the entire term shall recommence from the
time the succession of the procedure is notified or when the procedure continues.법제처                                                            9                                                       국가법령정보센터
「DESIGN PROTECTION ACT」 
Article 27 (Foreigners’ Legal Capacity to Hold Rights) No non-resident foreigner shall enjoy a design
right or other right relating to a design, except in any of the following cases:
1. Where the foreigner’s country allows nationals of the Republic of Korea to enjoy a design right or other
right relating to a design under the same terms and conditions as those applicable to the nationals of the 
country; 
2. Where the foreigner’s country allows nationals of the Republic of Korea to enjoy a design right or other
right relating to a design under the same terms and conditions as those applicable to the nationals of the 
country, if the Republic of Korea allows the foreigner to enjoy a design right or other right relating to a 
design; 
3. Where the foreigner is allowed to enjoy a design right or other right relating to a design under a treaty or
any arrangement equivalent to a treaty (hereinafter referred to as "treaty"). 
 
Article 28 (Effective Dates of Submitted Documents) (1) An application, petition, or other document
(including articles; hereafter the same shall apply in this Article) filed with the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board under this Act
or in accordance with an order issued under this Act, shall take effect on the date it arrives at the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board.
(2) An application, petition, or other document falling under paragraph (1), if filed with the Commissioner of
the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board by
mail, shall be deemed delivered to the Commissioner of the Korean Intellectual Property Office or the
President of the Intellectual Property Trial and Appeal Board on the date specified in either of the following
subparagraphs: Provided, That documents for applying for registration of a design right or other right
relating to a design shall take effect on the date they are delivered to the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board, if filed by
mail: <Amended on Apr. 17, 2018>
1. If the date indicated by the correspondence date stamp affixed in accordance with statutes or regulations
regarding postal service is clear: Such indicated date; 
2. If the date indicated by the correspondence date stamp affixed in accordance with statutes or regulations
regarding postal service is unclear: The date submitted to the postal office (meaning the date evidenced by 
the receipt of the postal article). 
(3) Except as otherwise provided in paragraphs (1) and (2), matters necessary for the submission of
documents where the delivery of a postal article is delayed, a postal article is lost, or postal services are법제처                                                            10                                                       국가법령정보센
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「DESIGN PROTECTION ACT」 
suspended, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 29 (Notation of Identification Numbers) (1) A person who initiates a design-related procedure
shall apply for allocation of an identification number to the Commissioner of the Korean Intellectual Property
Office or the President of the Intellectual Property Appeal Board, as prescribed by Ordinance of the Ministry
of Trade, Industry and Energy.
(2) Upon receipt of an application under paragraph (1), the Commissioner of the Korean Intellectual Property
Office or the President of the Intellectual Property Trial and Appeal Board shall allocate an identification
number to the applicant and notify the applicant thereof.
(3) The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property
Trial and Appeal Board shall allocate, ex officio, an identification number to a person who fails to apply for
an identification number under paragraph (1) and shall notify the person thereof.
(4) A person who is allocated an identification number under paragraph (2) or (3) shall note the identification
number in documents specified by Ordinance of the Ministry of Trade, Industry and Energy, when he or she
follows a design-related procedure. In such cases, the notation of his or her domicile (or the place of
business, if such person is a corporation) in such documents may be omitted, notwithstanding the provisions
of this Act or any order issued under this Act.
(5) Paragraphs (1) through (4) shall apply to an agent for a person who follows a design-related procedure.
(6) Matters necessary for applications for allocating identification numbers and the allocation and notification
of identification numbers, and other matters necessary for identification numbers shall be prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 30 (Conduct of Design-Related Procedures by Electronic Documents) (1) A person who
initiates a design-related procedure may convert an application for design registration and other documents,
which he or she intends to submit to the Commissioner of the Korean Intellectual Property Office or the
President of the Intellectual Property Trial and Appeal Board in accordance with this Act, into electronic form
by a method prescribed by Ordinance of the Ministry of Trade, Industry and Energy and submit them via an
information and communications network or may submit them as stored in an electronic recording medium,
such as a portable storage device or optical disk.
(2) Electronic documents submitted under paragraph (1) shall be as valid as paper documents submitted
under this Act.
(3) An electronic document submitted via an information and communications network under paragraph (1)
shall be deemed received with the contents recorded in a file stored in the electronic information processing법제처                                                            11                                                       국가법령정보센
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「DESIGN PROTECTION ACT」 
system the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board uses for
receipt of documents, as at the time the person who submits the document can confirm the filing number
via the information and communications network.
(4) The kinds of documents that can be submitted in electronic form under paragraph (1), the method of
submission, and other matters necessary for the submission of documents in electronic form shall be
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 31 (Reporting on Use of Electronic Documents and Digital Signature) (1) A person who
intends to follow a design-related procedure shall file a report on the use of electronic documents with the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board and shall affix his or her digital signature to electronic documents submitted to the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board to ensure identification of the person who submits the document.
(2) An electronic document submitted under Article 30 shall be deemed submitted by a person whose digital
signature under paragraph (1) is affixed thereto.
(3) Matters necessary for the procedure for reporting the use of electronic documents under paragraph (1),
the method of affixing digital signatures, etc. shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
 
Article 32 (Notification via Information and Communications Networks) (1) If the Commissioner of
the Korean Intellectual Property Office, the President of the Intellectual Property Trial and Appeal Board, a
chief administrative patent judge, an administrative patent judge, a chief examiner appointed under Article 70
(3) (hereinafter referred to as “chief examiner”), or an examiner intends to give written notice to, or serve a
document (hereinafter referred to as “notification or service of documents”) on, a person who has filed a
report on the use of electronic documents in accordance with Article 31 (1), he or she may use an
information and communications network.
(2) The notification or service of documents via an information and communications network under
paragraph (1) shall be as valid as notification or service in writing.
(3) The notification or service of a document under paragraph (1) shall be deemed delivered with the
contents recorded in a file stored in the electronic information processing system the Korean Intellectual
Property Office or the Intellectual Property Trial and Appeal Board uses for dispatching as at the time the
person to whom such notification or service is addressed finds the document via the electronic information
processing system used by the person.법제처                                                            12                                                       국가법령정보센
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「DESIGN PROTECTION ACT」 
(4) Necessary matters regarding the kinds and methods of notification and service via an electronic
information processing system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
 
            CHAPTER II REQUIREMENTS AND APPLICATION FOR DESIGN REGISTRATION
 
Article 33 (Requirements for Design Registration) (1) A design usable for an industrial purpose is
eligible for design registration, except:
1. A design publicly known or worked in the Republic of Korea or a foreign country before an application for
design registration is filed; 
2. A design described in a printed publication distributed in the Republic of Korea or a foreign country or
made available for public use via telecommunications lines before an application for design registration is 
filed; 
3. A design similar to any of the designs specified in subparagraph 1 or 2.
(2) Notwithstanding paragraph (1), no design (excluding a design specified in paragraph (1)) that could have
been easily created by a person who has ordinary skill in the art to which the design pertains by applying
any of the following methods before an application for design registration is filed, shall be eligible for design
registration:
1. A design specified in paragraph (1) 1 or 2 or a combination of such designs;
2. A shape, pattern, or color, or a combination thereof, widely known in the Republic of Korea or in a foreign
country. 
(3) Notwithstanding paragraph (1), a design for which an application for design registration is filed is
ineligible for design registration, if the design is identical or similar to a part of a design claimed in another
application for design registration (limited to an application filed before the date on which the relevant
application for design registration is filed), published in the Design Gazette under Article 52, 56, or 90 (3)
after the application for registration of the relevant design was filed, or expressed in a drawing, a
photograph, or a specimen accompanying such application: Provided, That the foregoing shall not apply
where the applicant for registration of the relevant design and the applicant for registration of another
design are one and the same person.
 
Article 34 (Unregistrable Designs) Notwithstanding Article 33, none of the following designs is eligible for
design registration:법제처                                                            13                                                       국가법령정보센
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「DESIGN PROTECTION ACT」 
1. A design identical or similar to the national flag or emblem, a military flag, a decoration, an order of merit,
or a badge of the Republic of Korea, a medal of any public institution, the national flag or emblem of a 
foreign country, or the wording or mark of an international organization; 
2. A design, the meaning or any content of which offends general morality and good customs of ordinary
people, or is likely to disturb public order; 
3. A design mistakable as related to an article associated with any other person's business;
4. A design made only in a shape essential for a function of the relevant article.
 
Article 35 (Related Designs) (1) Notwithstanding Articles 33 (1) and 46 (1) and (2), the owner of a design
right or the applicant for design registration may have designs similar only to his or her registered design or
the design claimed in the application pending for design registration (hereinafter referred to as “principal
design”) registered as related designs (hereinafter referred to as “related designs”), only if he or she files an
application for registration of such related designs within one year from the filing date of the application for
registration of the principal design.
(2) No design similar only to a related design registered or applied for registration under paragraph (1) is
eligible for design registration.
(3) If an exclusive license provided in Article 97 (hereinafter referred to as “exclusive license”) has been
granted for the design right to a principal design, no related design for the principal design is eligible for
design registration, notwithstanding paragraph (1).
 
Article 36 (Exception to Lack of Novelty) (1) If a design of the person who has the right to register the
design falls under Article 33 (1) 1 or 2 on a certain date, it shall be deemed that the design does not fall
under paragraph (1) 1 or 2 of that Article in applying paragraph (1) 1 or 2 of that Article to the design
claimed in an application filed by him or her for design registration within 12 months from the date:
Provided, That the foregoing shall not apply to a design the application or registration of which is published
in the Republic of Korea or in a foreign country under a treaty or an Act. <Amended on Mar. 21, 2017>
(2) Any person who intends seek the benefit of the main clause of paragraph (1) shall submit a document
stating his or her intention to the Commissioner of the Korean Intellectual Property Office or the President of
the Intellectual Property Trial and Appeal Board, along with documents evidencing his or her eligibility, at any
of the following times: <Amended on Mar. 21, 2017>
1. When a person files an application for design registration under Article 37; in which cases, documents
evidencing relevant facts shall be submitted within 30 days from the filing date of the application for 
design registration; 법제처                                                            14                                                       국가법령정보센
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2. Before a notice is dispatched for the determinations to reject applications for design registration under
Article 62 or determinations of design registration under Article 65 (hereinafter referred to as 
“determination regarding design registration”); in which cases, documents evidencing relevant facts shall be 
submitted both within 30 days from the date the documents stating his or her intention are filed and 
before any determination regarding design registration is made; 
3. When a person submits a written reply to a written opposition to registration of a partially-examined
design under Article 68 (3); 
4. When a person submits a written reply to a petition for a trial under Article 134 (1) (limited to a trial on
the invalidation of registration of a design). 
 
Article 37 (Applications for Design Registration) (1) A person who intends to register a design shall file
an application for design registration, stating the following matters, with the Commissioner of the Korean
Intellectual Property Office: <Amended on Jul. 30, 2013>
1. The name and domicile of the applicant for design registration (or the name and place of business, if the
applicant is a corporation); 
2. The name and domicile or place of business of the agent, if the applicant for design registration is
represented by an agent [the name and the place of business of the patent firm or the patent firm (limited 
liability), and the name of the patent attorney in charge, if the agent is a patent firm or a patent firm 
(limited liability)]; 
3. The product or the category of products in relation to which the design is to be used under Article 40 (2)
(hereinafter referred to as “category of products”); 
4. Whether the application is filed to register an independent design or to register a related design (hereafter
referred to as “application for registration of a related design”); 
5. The design registration number or the design registration application number of the principle design
(applicable only where it is intended to register related designs under Article 35 (1)); 
6. The name and domicile of the creator of the design;
7. Whether an application is filed for registration of multiple designs under Article 41;
8. The number of designs and the serial number of each design (applicable only to applications for
registration of multiple designs under Article 41); 
9. Matters specified in Article 51 (3) (applicable only where priority is claimed).
(2) An application for design registration referred to in paragraph (1) shall be accompanied by a drawing
depicting the following matters with respect to each design:법제처                                                            15                                                       국가법령정보센
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1. The product or the category of products in relation to which the design is to be used;
2. A description of the design and the features of the creation;
3. The serial number of each design (applicable to applications for registration of multiple designs under
Article 41). 
(3) An applicant for design registration may submit a photograph or specimen of the design in lieu of the
drawing under paragraph (2).
(4) Designs eligible for an application for registration of a partially-examined design shall be limited to those
for products specified by Ordinance of the Ministry of Trade, Industry and Energy, among the categories of
products. In such cases, applications for design registration for eligible products shall be limited to those
subject to registration of a partially-examined design.
(5) Except as otherwise provided in paragraphs (1) through (4), matters necessary for filing applications for
design registration shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 38 (Determination of Filing Date of Application for Design Registration) (1) The date on
which an application for design registration is delivered to the Commissioner of the Korean Intellectual
Property Office shall be deemed the filing date of the application for design registration: Provided, That the
foregoing shall not apply:
1. Where an application for design registration fails to clearly indicate an intention to register a design;
2. Where the name or title of the applicant for design registration is omitted or unclearly stated in an
application for design registration and thus the applicant for design registration is unidentifiable; 
3. Where no drawing, photograph, or specimen has been submitted, or a depiction in a drawing is neither
clear nor readable; 
4. Where an application for design registration is not written in Korean.
(2) If an application for design registration falls under any subparagraph of paragraph (1), the Commissioner
of the Korean Intellectual Property Office shall order the person who intends to have the design registered to
amend the application within a reasonably specified period.
(3) Upon receipt of an order to amend under paragraph (2), a person who intends to amend an application
for design registration shall submit a document concerning the amendment of procedure (hereafter referred
to as “written amendment of procedure” in this Article).
(4) If a person ordered to amend under paragraph (2) amends the relevant application for design registration
within the specified period, the Commissioner of the Korean Intellectual Property Office shall deem that the
application is filed on the date the written amendment of procedure is delivered to the Commissioner of the
Korean Intellectual Property Office: Provided, That, if it is required to amend only some designs claimed in an법제처                                                            16                                                       국가법령정보센
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application filed for multiple designs registration under Article 41, the date on which the written amendment
of procedure for such designs is delivered to the Commissioner of the Korean Intellectual Property Office
shall be deemed the filing date of the application for registration of all multiple designs.
(5) If a person who has been ordered to make an amendment under paragraph (2) fails to make the
amendment within the specified period, the Commissioner of the Korean Intellectual Property Office may
reject the application for design registration, deeming it illegitimate. The foregoing shall also apply where a
person fails to amend some designs, among designs claimed in an application for multiple designs
registration under Article 41.
 
Article 39 (Joint Applications) If a right to have a design registered is jointly owned under Article 3 (2), all
co-owners shall jointly file an application for design registration.
 
Article 40 (Doctrine of One-Design for One-Registration Application) (1) An application for design
registration shall be filed for each design.
(2) A person who intends to file an application for design registration shall follow the classification of
categories of products prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 41 (Multiple Designs Application) Notwithstanding Article 40 (1), a person who intends to file an
application for design registration may file one application for registration of not exceeding 100 designs for
products classified into the same category of products (hereinafter referred to as “application for registration
of multiple designs”) according to the classification of categories of products prescribed by Ordinance of the
Ministry of Trade, Industry and Energy. In such cases, each design shall be separately represented.
 
Article 42 (Design for a Set of Articles) (1) Where at least two articles are used together as a set of
articles, a design for the set of products may be registered as one design, if the design for the set of articles
is unitary.
(2) The classification of a set of articles under paragraph (1) shall be prescribed by Ordinance of the Ministry
of Trade, Industry and Energy.
 
Article 43 (Secret Designs) (1) An applicant for design registration may request that the design be kept
secret for a prescribed period of up to three years from the date of registration for the establishment of the
design right. It may be also requested to keep confidential all or some of designs claimed in an application
for multiple designs registration.
(2) An applicant for design registration may make a request under paragraph (1) during a period between
the filing date of the application for design registration and the date on which he or she pays the initial법제처                                                            17                                                       국가법령정보센
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design registration fee: Provided, That such request may be made by the time the Commissioner of the
Korean Intellectual Property Office registers the establishment of the design right under any subparagraph of
Article 90 (2), if an applicant is exempted from the registration fee under Article 86 (1) 1 or 2.
(3) An applicant for design registration or the owner of a design right may request a reduction or extension
of the period designated by him or her under paragraph (1). In such cases, the period so extended shall not
exceed three years from the date of registration for establishment of the design right.
(4) In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall accept a
request to inspect a secret design:
1. Where a person with consent from the relevant design right-holder makes a request for inspection;
2. Where a party to an examination, petition to object to the registration of a partially-examined design, trial
or retrial, or lawsuit on a design identical or similar to a secret design or an intervenor in any of such 
proceedings makes a request for inspection; 
3. Where a person who presents prima facie evidence for the fact that he or she has been warned of
infringement on a design right; 
4. Where a court or the Intellectual Property Trial and Appeal Board makes a request for inspection.
(5) No person who inspects a secret design under paragraph (4) shall retain information about the design by
photographing or photocopying it without permission nor divulge the information known to him or her.
(6) If a request to publish an application under Article 52 is filed, a request under paragraph (1) shall be
deemed withdrawn.
 
Article 44 (Applications Filed by Ineligible Person for Design Registration and Protection of
Legitimate Right Holders) If a trial decision made to reject an application filed by a person who is
neither the creator of a design nor a legitimate successor to a right to have a design registered (hereinafter
referred to as “ineligible person”) for registration of a design becomes final and conclusive on the ground
provided in Article 62 (1) 1, the application filed by the legitimate right-holder for registration of the design
after the application for registration of the design is filed by the ineligible person shall be deemed filed at
the time the ineligible person filed the application for design registration: Provided, That the foregoing shall
not apply where the legitimate right-holder files an application for design registration after 30 days from the
date the trial decision to reject the application for design registration becomes final and conclusive.
 
Article 45 (Design Registration by Ineligible Persons and Protection of Legitimate Right
Holders) If a ruling to revoke registration of, or invalidation trial of a design becomes final and conclusive
on the ground that the registrant is ineligible, the application filed by the legitimate right-holder for법제처                                                            18                                                       국가법령정보센
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registration of the design subsequent to the application filed by the person ineligible to design registration
shall be deemed filed at the time the application for the revoked or invalidated registration of the design was
filed: Provided, That the foregoing shall not apply where the legitimate right-holder files an application for
design registration after 30 days from the date the ruling to revoke registration or invalidation trial becomes
final and conclusive.
 
Article 46 (Earlier Application) (1) If at least two applications are filed on different dates for registration of
an identical or similar design, only the first applicant to file an application may have his or her design
registered.
(2) If at least two applications are filed on the same date for registration of an identical or similar design,
only one applicant selected by the applicants for design registration by agreement among them may have
his or her design registered. If the applicants for design registration fail to reach agreement or it is
impracticable for them to reach agreement, none of the applicants’ designs may be registered.
(3) If an application for design registration is invalidated, withdrawn, or abandoned or if a trial decision to
reject an application for design registration under Article 62 becomes final and conclusive, the application for
design registration shall be deemed never filed, for the purpose of applying paragraph (1) or (2): Provided,
That the foregoing shall not apply in cases falling under the latter part of paragraph (2) and the trial decision
to reject an application for design registration under Article 62 becomes final and conclusive.
(4) An application filed by an ineligible person for design registration shall be deemed never filed, for the
purpose of applying paragraph (1) or (2).
(5) In cases falling under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall
order the applicant to report, to him or her, on the results of their agreement within a specified period, and
it shall be deemed that the applicants fail to reach agreement under paragraph (2), if they fail to report the
results thereof within the period.
 
Article 47 (Amendment of Procedures) The Commissioner of the Korean Intellectual Property Office or
the President of the Intellectual Property Trial and Appeal Board shall order a person who initiates a design-
related procedure to amend the procedure within a specified period in any of the following cases:
1. Where the person violates Article 4 (1) or 7;
2. Where the person omits any formality specified by this Act or by an order issued under this Act;
3. Where the person fails to pay a fee payable under Article 85.
 
Article 48 (Amendment of Applications and Change of Gist) (1) An applicant for design registration
may amend any description of the application for design registration, any drawing accompanying the법제처                                                            19                                                       국가법령정보센
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application, any description in a drawing, or any photograph or specimen to the extent that the gist of the
initial application for design registration remains unchanged.
(2) An applicant for design registration may amend an application for registration of related designs to
applications for registration of an independent design or vice versa.
(3) An applicant for design registration may amend an application for registration of a partially-examined
design to an application for registration of an examined design or vice versa.
(4) Amendments referred to in paragraphs (1) through (3) may be made at the time specified in the following
subparagraphs: <Amended on Mar. 21, 2017; Oct. 19, 2021>
1. Until before a notice of a determination regarding design registration is dispatched;
2. Period for requesting re-examination under Article 64;
3. Within 30 days from the filing date of a petition for a trial on a determination to reject an application for
design registration under Article 120. 
(5) If an amendment made under paragraphs (1) through (3) is found, after the establishment of the relevant
design right was registered, as a modification to the gist of the initial application for design registration, the
application for design registration shall be deemed filed as at the time the amendment was filed.
 
Article 49 (Dismissal of Amendments) (1) If an amendment filed under Article 48 is found to change the
gist of the relevant application for design registration, the examiner shall dismiss the amendment.
(2) If an examiner dismisses an application for registration of a design under paragraph (1), he or she shall
not determine whether to accept the registration of the design (referring to some of designs, if a
determination to dismiss an application with regard to some designs claimed in an application filed for
multiple designs registration) as claimed in the application until the lapse of the period for filing a petition
for a trial on a determination to dismiss an amendment without prejudice under Article 119. <Amended on
Oct. 19, 2021>
(3) If an applicant for design registration files a petition for a trial in accordance with Article 119 on a
determination to dismiss the relevant application under paragraph (1), the examiner shall suspend the
examination of the application for registration of the design (referring to some designs, if a petition is filed
against a determination to dismiss an application with regard to some designs claimed in an application filed
for registration of multiple designs) until a trial decision becomes final and conclusive.
(4) A determination to dismiss an application under paragraph (1) shall be made in writing and shall state the
grounds therefor.
 법제처                                                            20                                                       국가법령정보센
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Article 50 (Division of Applications) (1) Any of the following persons may divide an application filed for
design registration into at least one new application for design registration and may file the applications
additionally:
1. A person who has filed one application for registration of at least two designs in violation of Article 40;
2. A person who has filed an application for registration of multiple designs.
(2) An application for design registration that is divided under paragraph (1) (hereinafter referred to as
“divisional application”) shall be deemed filed at the time the initial application for design registration was
filed: Provided, That the foregoing shall not apply where Article 36 (2) 1 or 51 (3) or (4) shall apply.
(3) The division of an application for design registration under paragraph (1) is permissible during a period in
which amendments under Article 48 (4) are allowed.
(4) Where an application for design registration on which division is based is an application for design
registration for which priority is claimed under Article 51, priority shall be deemed claimed also with regard
to a divisional application if the divisional application is filed under paragraph (1), and where there exist
documents submitted under Article 51 in respect to an application for design registration on which division is
based, such documents shall be deemed submitted also with respect to the relevant divisional application.
<Newly Inserted on Oct. 19, 2021>
(5) With regard to a divisional application for which priority is deemed claimed under Article 51 in
accordance with paragraph (4), all or part of such priority claim may be withdrawn within 30 days from the
date the divisional application is filed. <Newly Inserted on Oct. 19, 2021>
 
Article 51 (Priority Claim under Treaty) (1) For the purpose of applying Article 33 or 46 to cases where a
national of a member State to a treaty that recognizes the priority of a national of the Republic of Korea in
filing an application for design registration files an application for registration of a design in the Republic of
Korea after filing an application for registration of an identical design in the member State or another
member State and claims priority, the date an application for design registration is filed in the member State
or another member State shall be deemed the date another application for design registration is filed in the
Republic of Korea. The foregoing shall also apply where a national of the Republic of Korea files an
application for registration of a design in the Republic of Korea after filing an application for registration of
an identical design in a member State to a treaty that recognizes the priority of a national of the Republic of
Korea in filing an application for design registration.
(2) No person who intends to claim priority under paragraph (1) shall claim the priority, unless he or she files
an application for design registration within six months from the filing date of the initial application on which
the priority claim shall be based.법제처                                                            21                                                       국가법령정보센
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(3) A person who intends to claim priority under paragraph (1) shall state his or her intention, the name of
the State in which the initial application was filed, the filing date of the initial application filed for design
registration.
(4) A person who claims priority under paragraph (3) shall submit either of the following documents specified
in subparagraph 1 or 2 to the Commissioner of the Korean Intellectual Property Office within three months of
the application for design registration: Provided, That the documents specified in subparagraph 2 shall apply
only to countries specified by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar.
21, 2017>
1. Documents stating the filing date of the application for design registration, recognized by the government
of a country in which the application is first filed, and a certified copy of the drawing of the design; 
2. Documents stating matters required by Ordinance of the Ministry of Trade, Industry and Energy, including
the serial number of the application for design registration issued in the country where the application was 
first filed and other information evidencing that the application is filed. 
(5) If a person who claims priority under paragraph (3) fails to submit documents specified in that paragraph
within a period specified in paragraph (4), the priority claim shall become invalid.
 
Article 52 (Publication of Applications) (1) An applicant for design registration may make a request to
publish his or her application, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. In
cases of an application for registration of multiple designs, the applicant may make a request to publish all
or some of the designs claimed in the application.
(2) Upon receipt of a request to publish an application for design registration under paragraph (1), the
Commissioner of the Korean Intellectual Property Office shall publish the application in the Design Gazette
under Article 212 (hereinafter referred to as the “Design Gazette”): Provided, That the Commissioner of the
Korean Intellectual Property Office may determine to keep an application for design registration confidential,
if the design claimed in the application falls under subparagraph 2 of Article 34.
(3) No request to publish an application for design registration under paragraph (1) may be filed after a
certified copy of the determination on whether to accept the first application filed for design registration
prior to the relevant application for design registration is delivered.
 
Article 53 (Effects of Publication of Applications) (1) An applicant for registration of a design may
warn, in writing, a person who commercially worked the design claimed in the design application or any
other design similar thereto, after the publication of the application under Article 52, that the application for
registration of the relevant design has been filed.법제처                                                            22                                                       국가법령정보센
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(2) An applicant for a design registration may claim compensation, equivalent to the amount he or she would
reasonably charge for working the design or a similar design, against a person who has commercially worked
the design claimed in the application or a similar design, after the person was warned thereof under
paragraph (1) or became aware of the publication of the application for the design registration under Article
52, for a period from the time he or she was warned thereof or he or she became aware of the publication
of the application under Article 52 to the time when the establishment of the relevant design right is
registered. <Amended on Oct. 20, 2020>
(3) No right to claim compensation under paragraph (2) shall be exercised until after the grant of a design
right to the design claimed in the application for design registration is registered.
(4) The exercise of the right to claim compensation under paragraph (2) shall not affect the exercise of the
relevant design right.
(5) Articles 114 and 118 of this Act and Articles 760 and 766 of the Civil Act shall apply to the exercise of the
right to claim compensation under paragraph (2). In such cases, “the date on which the injured party or his
or her legal representative becomes aware of such damage or of the identity of the person who caused it” in
Article 766 (1) of the Civil Act shall be deemed “the date on which the grant of the relevant design right is
registered.”
(6) If any of the following cases occurs after the publication of the application under Article 52, the right to
claim compensation under paragraph (2) shall be deemed never to have been existed:
1. If the application for design registration is abandoned, invalidated, or withdrawn;
2. If a determination made under Article 62 to reject the application for design registration becomes final and
conclusive; 
3. If a determination made under Article 73 (3) to revoke the registration of the design becomes final and
conclusive; 
4. If a trial decision rendered under Article 121 at a trial to invalidate the registration of the design becomes
final and conclusive (excluding cases falling under Article 121 (1) 4). 
 
Article 54 (Transfer of Right to Have Design Registered) (1) A right to have a design registered is
transferable: Provided, That a right to have a principal design registered shall be transferred, together with a
right to have related designs registered.
(2) A right to have a design registered shall not be subject to a pledge.
(3) If a right to have a design registered is owned jointly by at least two persons, none of the co-owners may
assign his or her share without consent thereto from the rest of the co-owners.법제처                                                            23                                                       국가법령정보센
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Article 55 (Furnishing Information) Any person may inform the Commissioner of the Korean Intellectual
Property Office or the President of the Intellectual Property Trial and Appeal Board that a design claimed in a
pending application for design registration falls under any subparagraph of Article 62 (1) and thus is
ineligible for design registration, along with evidence.
 
Article 56 (Publication of Rejected Application on Design Gazette) When a determination or a trial
decision rendered under Article 62 to reject an application for design registration under the latter part of
Article 46 (2) becomes final and conclusive, the Commissioner of the Korean Intellectual Property Office shall
publish the facts relevant to the application for design registration in the Design Gazette: Provided, That
publication may be omitted if the design claimed in an application for design registration falls under
subparagraph 2 of Article 34.
 
Article 57 (Succession to Right to Have Design Registered) (1) No person who succeeds to a right to
have a design registered before an application is filed for registration of the design shall assert any claim or
defense, based on the right, against a third party, unless he or she files an application for registration of the
design.
(2) If at least two persons have succeeded to a right to have a design registered from the same person and
at least two applications are filed for registration of the design on the same date, succession shall take effect
only with respect to the applicant for registration of the design selected from among the applicants.
(3) If succession to a right to have a design registered arises after an application for registration of the
design is filed, the succession shall not take effect, unless a report is filed to change the applicant for the
design registration, except for conveyance by inheritance or general succession.
(4) If a person succeeds to a right to have a design registered by inheritance or general succession, the
successor shall report to the Commissioner of the Korean Intellectual Property Office on the details thereof
without delay.
(5) If at least two persons have succeeded to a right to have a design registered from the same person and
at least two reports are filed on the change of the applicant for design registration on the same date, such
report shall take effect only with respect to a person appointed from among the reporting persons.
(6) Article 46 (5) shall apply mutatis mutandis to cases falling under paragraph (2) or (5).
 
            CHAPTER III EXAMINATION
 
Article 58 (Examination by Examiners) (1) The Commissioner of the Korean Intellectual Property Office
shall have examiners examine applications for design registration and objections to registration of partially-법제처                                                            24                                                       국가법령정보센
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examined designs.
(2) Matters necessary for qualifications for examiners shall be prescribed by Presidential Decree.
 
Article 59 (Designation of Specialized Organizations) (1) The Commissioner of the Korean Intellectual
Property Office may designate a specialized organization to search prior designs and perform other business
affairs specified by Presidential Decree, if he or she deems it necessary for examination of applications for
design registration.
(2) The Commissioner of the Korean Intellectual Property Office may request appropriate administrative
agencies, organizations specializing in design, or persons who have abundant knowledge of and experience
in design to cooperate with him or her in examination or may seek their advice thereon, if deemed necessary
to examine applications for design registration. In such cases, the Commissioner of the Korean Intellectual
Property Office may reimburse them for expenses or pay allowances within budgetary limits.
(3) Matters necessary for the criteria for the designation of specialized organizations, requests to search prior
designs, etc. under paragraph (1) shall be prescribed by Presidential Decree.
 
Article 60 (Revocation of Designation of Specialized Organizations) (1) If a specialized organization
designated under Article 59 (1) falls under subparagraph 1, the Commissioner of the Korean Intellectual
Property Office shall revoke such designation, or may revoke the designation of a specialized organization or
order a specialized organization to completely or partially suspend its business operation for a specified
period of up to six months, if the specialized organization falls under subparagraph 2:
1. If a specialized organization obtains the designation by fraud or other improper means;
2. If a specialized organization fails to meet any of the criteria for designation under Article 59 (3).
(2) If the Commissioner of the Korean Intellectual Property Office intends to revoke the designation of a
specialized organization under paragraph (1), he or she shall hold a public hearing.
(3) Matters necessary for the detailed criteria and procedures for taking dispositions under paragraph (1) shall
be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 61 (Accelerated Examination) (1) The Commissioner of the Korean Intellectual Property Office may
order an examiner to preferentially examine an application for design registration first among other
applications if:
1. It is found that any person, other than the applicant, is commercially working the design claimed in the
application for design registration after the publication of the application under Article 52; 
2. It is deemed urgently necessary to process an application for design registration specified by Presidential
Decree. 법제처                                                            25                                                       국가법령정보센
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(2) When an application for registration of multiple designs is to be preferentially examined under paragraph
(1), the Commissioner of the Korean Intellectual Property Office may order an examiner to preferentially
examine only some designs that fall under any subparagraph of paragraph (1).
 
Article 62 (Determinations to Reject Applications for Design Registration) (1) An examiner shall
determine to reject an application for design registration if:
1. The applicant is not entitled to have a design registered under the main clause of Article 3 (1) or is
ineligible for design registration under the proviso of that paragraph; 
2. The applicant is not eligible for design registration under any provision of Articles 27, 33 through 35, 37
(4), 39 through 42, and 46 (1) and (2); 
3. The application contravenes a treaty.
(2) An examiner shall determine to reject an application for registration of a partially-examined design if:
1. The applicant is not entitled to have a design registered under the main clause of Article 3 (1) or is
ineligible for design registration under the proviso of that paragraph; 
2. The applicant is not eligible for design registration under any provision of Articles 27, 33 (limited to
paragraph (1) with the exception of its subparagraphs and paragraph (2) 2), 34, 37 (4), and 39 through 42; 
3. The application contravenes a treaty.
(3) An examiner shall determine to reject an application for partially-examined registration of a related design
under Article 35, if the application falls under any subparagraph of paragraph (2) or falls under any of the
following cases:
1. Where the related design already registered or claimed in an application for design registration is
indicated as the principal design; 
2. Where the design right to the principal design ceases to exist;
3. Where the application for registration of the principal design has been invalidated, withdrawn, or
abandoned, or a determination to reject the application for registration of the principal design becomes 
final and conclusive; 
4. Where the applicant for registration of the related design is neither the design right-holder of the principal
design nor the applicant for registration of the principal design; 
5. Where the related design is not similar to the principal design;
6. Where the application for registration of the related design is filed one year from the date the application
for registration of the principal design is filed; 
7. Where the related design is ineligible for design registration under Article 35 (3).법제처                                                            26                                                       국가법령정보센
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(4) Notwithstanding paragraph (2), an examiner may determine to reject an application for registration of a
partially-examined design, based on information and evidence provided under Article 55.
(5) If a ground exists to reject only some of multiple designs when an examiner intends to determine to
reject an application for registration of multiple designs under paragraphs (1) through (3), the examiner may
determine to reject the application only with respect to such ineligible designs, among all multiple designs.
 
Article 63 (Notification of Grounds for Rejection) (1) An examiner shall, in advance, notify an applicant
for design registration of a ground for rejection (referring to any of the grounds specified in Article 62 (1)
through (3); hereinafter referred to as "ground for rejection") and shall provide the applicant with an
opportunity to submit a written argument within a specified period, in any of the following cases: <Amended
on Oct. 19, 2021>
1. Where the examiner intends to reject the application for design registration under Article 62;
2. Where the examiner intends to reject the application for design registration on the ground for rejection
that has already been notified before a determination to accept such application revoked upon ex officio 
re-examination prescribed in Article 66-2 (1). 
(2) If an examiner finds a ground to reject an application for registration of multiple designs with respect to
only some designs among them, he or she shall note the serial number of each ineligible design, and detail
products in relation to which each ineligible design is to be used, and the ground for rejection.
 
Article 64 (Request for Re-Examination) (1) Upon receipt of a certified copy of a determination to reject
an application for design registration, the applicant for design registration may amend the application in
accordance with Article 48 (1) through (3) and may request for re-examination of the application within three
months (referring to the extended period, if a period under Article 120 is extended pursuant to Article 17 (1))
from the date a certified copy of the determination is delivered to him or her: Provided, That the foregoing
shall not apply where a petition for a trial under Article 120 is filed. <Amended on Oct. 19, 2021>
(2) An applicant for design registration may submit a written argument, along with the request for re-
examination under paragraph (1).
(3) If a petition that meets the requirements under the main clause of paragraph (1) is filed for re-
examination, a determination previously made to reject the relevant application for design registration shall
be deemed revoked.
(4) No request for re-examination under paragraph (1) may be withdrawn.
 
Article 65 (Determinations of Design Registration) If an examiner finds no ground to reject an
application for design registration, he or she shall determine to accept the application for design registration.법제처                                                            27                                                       국가법령정보센
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If the examiner finds no ground for rejection regarding some designs among multiple designs claimed in an
application for registration of multiple designs, he or she shall determine to accept the application for design
registration with respect to such eligible designs.
 
Article 66 (Ex Officio Amendments) (1) If an examiner finds an obvious error in the details of an
application or drawing when he or she intends to determine to accept an application for design registration
under Article 65, he or she may ex officio amend such error (hereinafter referred to as “ex officio
amendment”).
(2) When an examiner ex officio amends an error under paragraph (1), he or she shall notify the applicant for
design registration of the ex officio amendment, along with a certified copy of a determination served under
Article 67 (2) to accept the application for design registration.
(3) If an ex officio amendment is entirely or partially unacceptable, the applicant for design registration shall
submit a written argument on the ex officio amendment before he or she pays a design registration fee in
accordance with Article 79 (1).
(4) If an applicant for design registration submits a written argument in accordance with paragraph (3), the
relevant ex officio amendment shall be deemed, wholly or partially, never made.
(5) If an ex officio amendment is deemed, wholly or partially, never made under paragraph (4), the examiner
shall revoke the determination to accept the application for design registration and shall re-examine the
application from the beginning.
 
Article 66-2 (Ex Officio Re-Examination after Determinations to Accept Applications for
Design Registration) (1) Where an examiner finds an obvious ground for rejection with respect to an
application for design registration accepted upon determination, he or she may revoke such determination ex
officio and re-examine the application (hereinafter referred to as "ex officio re-examination"): Provided, That
the foregoing shall not apply in any of the following cases:
1. Where the ground for rejection falls under Article 35 (1), 37 (4), or 40 through 42;
2. Where the registration of a design right is established upon determination to accept the application for
design registration; 
3. Where the application for design registration is withdrawn or abandoned.
(2) When an examiner intends to conduct an ex officio re-examination under paragraph (1), he or she shall
notify an applicant for design registration of revocation of the determination to accept the application for
design registration.법제처                                                            28                                                       국가법령정보센
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(3) Where an application for design registration falls under paragraph (1) 2 or 3 before the applicant for
design registration is notified under paragraph (2), the determination to accept the application for design
registration shall be deemed never revoked.
[This Article Newly Inserted on Oct. 19, 2021]
 
Article 67 (Methods of Determining Whether to Accept Applications for Design Registration)
(1) A determination regarding design registration shall be made in writing and shall state grounds therefor.
(2) When a determination regarding design registration is made, the Commissioner of the Korean Intellectual
Property Office shall serve the applicant with a certified copy of the determination.
 
Article 68 (Written Oppositions to Registration of Partially-Examined Design) (1) Any person may
file a written opposition to the registration of a partially-examined design with the Commissioner of the
Korean Intellectual Property Office on any of the following grounds during a period from the date the grant
of the relevant design right is registered until three months after the date the registration of a partially-
examined design is publicly announced. If a case involves the registration of designs claimed in an
application for registration of multiple designs, a written opposition to the registration of a partially-
examined design shall be filed with respect to each design separately:
1. Where the registrant is not entitled to have the design registered under the main clause of Article 3 (1) or
is not eligible for design registration under the proviso of that paragraph; 
2. Where the registration contravenes Article 27, 33, 34, 35 (2) or (3), 39, or 46 (1) or (2);
3. The application contravenes a treaty.
(2) A person who objects to registration of a partially-examined design (hereinafter referred to as
“opponent”) shall file a written opposition to the registration of a partially-examined design, describing the
following matters, with the Commissioner of the Korean Intellectual Property Office, along with necessary
evidence: <Amended on Jul. 30, 2013>
1. The name and domicile of the opponent (the name and place of business of the opponent, if the
opponent is a corporation); 
2. The name and domicile or place of business of the agent, if the opponent is represented by an agent [the
name and the place of business of the patent firm or the patent firm (limited liability), and the name of the 
patent attorney in charge, if the agent is a patent firm or a patent firm (limited liability)]; 
3. The description of the registered design subject to the written opposition to the registration of a partially-
examined design; 법제처                                                            29                                                       국가법령정보센
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4. The purposes of the written opposition to the registration of a partially-examined design;
5. The grounds for the written opposition to the registration of a partially-examined design and the
description of necessary evidence. 
(3) Upon receipt of a written opposition to the registration of a partially-examined design, the chief examiner
shall serve a copy of the written opposition to the registration of a partially-examined design on the design
right-holder to the registered design subject to written opposition to the registration of a partially-examined
design and shall provide the design right-holder with an opportunity to submit a written reply within a
specified period.
(4) Article 121 (4) shall apply mutatis mutandis to written oppositions to registration of a partially-examined
design.
 
Article 69 (Amendments of Grounds for Written Oppositions to Registration of Partially-
Examined Design) A written opposition may amend grounds described in the written opposition to the
registration of a partially-examined design within 30 days from the filing date of the petition.
 
Article 70 (Panel of Examiners for Examination and Rulings) (1) A panel comprised of three
examiners shall examine and rule on a written opposition to the registration of a partially-examined design.
(2) The Commissioner of the Korean Intellectual Property Office shall select examiners who shall form a panel
of examiners for each written opposition to the registration of a partially-examined design.
(3) The Commissioner of the Korean Intellectual Property Office shall appoint one of the examiners selected
under paragraph (2) as the chief examiner.
(4) Articles 131 (2), 132 (2), and 133 (2) and (3) shall apply mutatis mutandis to a panel of examiners and its
chief examiner.
 
Article 71 (Ex Officio Examination in Examining Written Oppositions to Registration of
Partially-Examined Design) (1) In examining a written opposition to the registration of a partially-
examined design, the grounds on which neither the design right-holder nor the opponent fails to assert may
be also examined. In such cases, the design right-holder and the opponent shall be provided with
opportunities to make arguments thereon.
(2) In examining a written opposition to the registration of a partially-examined design, a registered design
to which the opponent has not objected shall not be subject to examination.
 
Article 72 (Integration or Separation of Written Oppositions to Partially-Examined Design
Registration) The panel of examiners may integrate at least two written oppositions to the registration of a법제처                                                            30                                                       국가법령정보센
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partially-examined design or separate one written opposition into at least two written oppositions to examine
and rule on the written oppositions.
 
Article 73 (Determination on Written Oppositions to Registration of Partially-Examined
Design) (1) A panel of patent examiners shall rule on a written opposition to the registration of a partially-
examined design after the end of a period specified in Article 68 (3) or 69.
(2) Notwithstanding Article 68 (3), a chief examiner may render a determination to dismiss, without prejudice,
a written opposition to the registration of a partially-examined design after the end of a period specified in
Article 69, if the opponent fails to present the ground for the opposition and evidence in support thereof.
(3) If a panel of examiners finds that a written opposition to registration of a partially-examined design has a
reasonable ground, it shall determine to revoke the registration of the relevant design (hereinafter referred to
as “determination to revoke design registration”).
(4) If a determination to revoke design registration becomes final and conclusive, the design right shall be
deemed to have never existed.
(5) If a panel of examiners finds that a written opposition to registration of a partially-examined design is
groundless, it shall determine such written opposition dismissed (hereinafter referred to as “determination to
dismiss the written opposition”).
(6) No appeal shall be made against a determination to dismiss, without prejudice or on the merits, a written
opposition to the registration of a partially-examined design.
 
Article 74 (Method of Determining on Written Oppositions to Registration of Partially-
Examined Design) (1) A determination on a written opposition to the registration of a partially-examined
design shall be made in writing, specifying the following matters, and the examiners who so determines shall
affix their signatures or seals thereto: <Amended on Jul. 30, 2013>
1. The case number of the written opposition to the registration of a partially-examined design;
2. Names and domiciles of the owner of the relevant design right and the opponent (the name and place of
business of the corporation, if either party is a corporation); 
3. Names and domiciles or the places of business of agents, if the owner of the relevant design right and the
opponent are represented by agents respectively [the name and place of business of the patent firm or the 
patent firm (limited liability), and the name of the patent attorney in charge, if an agent is a patent firm or 
a patent firm (limited liability)]; 
4. A description of the design relevant to the determination;법제처                                                            31                                                       국가법령정보센
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5. The conclusion of, and the grounds for, the determination;
6. The determination date.
(2) When a determination is made on a written opposition to the registration of a partially-examined design,
the chief examiner shall serve the opponent and the owner of the relevant design right with a certified copy
of such determination.
 
Article 75 (Withdrawal of Written Oppositions to Registration of Partially-Examined Design) (1)
No written opposition to the registration of a partially-examined design may be withdrawn after the
opponent is served with a notice to make arguments under the latter part of Article 71 (1) or a certified copy
of a determination made under Article 74 (2).
(2) If a written opposition to the registration of a partially-examined design is withdrawn, the written
opposition shall be deemed to have never existed.
 
Article 76 (Application Mutatis Mutandis of Rules on Trials to Examination) @Article 135
(excluding subparagraph 6 thereof) shall apply mutatis mutandis to the examination of applications for
design registration. In such cases, “trial” shall be construed as “examination”, and “judges” as “examiners”.
 
Article 77 (Suspension of Examination or Litigation Proceedings) (1) If an examiner deems it
necessary for examination of an application for design registration, he or she may suspend the process of
examination until a trial decision becomes final and conclusive or until legal proceedings are closed.
(2) If a court deems it necessary, it may suspend legal proceedings until a determination made on an
application for design registration becomes final and conclusive.
(3) No appeal may be filed against the suspension under paragraph (1) or (2).
 
Article 78 (Provisions Applicable Mutatis Mutandis) @Articles 77, 129, 135 (excluding subparagraph 6)
142 (7), 145, 153 (3) through (6), and 154 shall apply mutatis mutandis to the examination and ruling on
written oppositions to the registration of partially-examined designs.
 
            CHAPTER IV REGISTRATION FEES AND DESIGN REGISTRATION
 
Article 79 (Design Registration Fees) (1) A person granted a design right registered under Article 90 (1)
shall pay a design registration fee (hereinafter referred to as “registration fee”) for three years from the date
the grant of the right is registered, and the owner of a design right shall pay a registration fee for one year
thereafter on or before each anniversary of the registration date of the grant of the relevant right.법제처                                                            32                                                       국가법령정보센
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(2) Notwithstanding paragraph (1), the owner of a design right may pay registration fees for several or all
subsequent years in lump sum in the order of the years for which the payment will become due
consecutively.
(3) Registration fees referred to in paragraphs (1) and (2), the methods and terms of payment of such fees,
and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 80 (Partial Abandonment of Designs at Time of Payment of Registration Fees) (1) A
person who obtains a determination to accept an application for the registration of multiple designs may
partially abandon designs when he or she pays a registration fee.
(2) Matters necessary for the abandonment of designs under paragraph (1) shall be prescribed by Ordinance
of the Ministry of Trade, Industry and Energy.
 
Article 81 (Payment of Registration Fees by Interested Parties) (1) An interested party may pay a
registration fee, regardless of the intent of a person who is obliged to pay the registration fee.
(2) An interested party who pays a registration fee pursuant to paragraph (1) may claim reimbursement of
the fee against the person who is obliged to pay up to the present benefits the person gains.
 
Article 82 (Late Payment of Registration Fees) (1) A person who seeks to register grant of a design
right or the owner of a design right may pay a registration fee within six months (hereinafter referred to as
“grace period for late payment”) even after the due date specified in Article 79 (3) for the payment of the
registration fee.
(2) A person who pays a registration fee after the due date in accordance with paragraph (1) shall pay the
amount specified by Ordinance of the Ministry of Trade, Industry and Energy, which shall not exceed twice
the registration fee that the person was otherwise obliged to pay.
(3) If a person who seeks to register grant of a design right fails to pay the registration fee within a grace
period for late payment (referring to cases where an underpaid registration fee is not fully paid within a
grace period for the payment thereof, if the period for the payment of the underpaid registration fee under
Article 83 (2) has not elapsed even after the end of the grace period for late payment), the application for
design registration shall be deemed abandoned, and the design right owned by the person shall be deemed
extinguished retroactively to the day immediately following the end of a period for which a registration fee
was paid in accordance with Article 79 (1) or (2).
 
Article 83 (Payment of Underpaid Registration Fees) (1) If a person who seeks to register grant of a
design right or the owner of a design right fails to fully pay a registration fee within a period specified in법제처                                                            33                                                       국가법령정보센
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Article 79 (3) or 82 (1), the Commissioner of the Korean Intellectual Property Office shall order the person to
pay the underpaid registration fee.
(2) Upon receipt of an order to pay an underpaid registration fee under paragraph (1), a person may pay the
underpaid registration fee within one month from the date on which he or she receives such order.
(3) A person who pays an underpaid registration fee in accordance with paragraph (2) shall pay the amount
specified by Ordinance of the Ministry of Trade, Industry and Energy, which shall not exceed twice the
amount he or she is otherwise obliged to pay.
 
Article 84 (Restoration of Applications for Design Registration and Design Right by Late
Payment of Registration Fees or Payment of Underpaid Registration Fees) (1) If a person who
seeks to register grant of a design right or if the owner of a design right fails to pay a registration fee within
the grace period for late payment or an underpaid registration fee within the payment deadline due to good
cause, he or she may pay the registration fee or the underpaid registration fee within two months from the
date on which such cause ceases to exist: Provided, That the foregoing shall not apply where one year has
passed since the end of the grade period for late payment or the end of the payment deadline of an
underpaid registration fee, whichever is later. <Amended on Oct. 19, 2021>
(2) Notwithstanding Article 82 (3), if a person pays a registration fee or an underpaid registration fee in
accordance with paragraph (1), the relevant application for design registration shall be deemed not
abandoned, and the relevant design right shall be deemed perpetual.
(3) If the owner of a design right fails to pay a registration fee within a grace period for late payment or fails
to pay an underpaid registration fee within a payment deadline of the underpaid registration fee, and the
design right-holder to the relevant registered design is extinguished, the design right may pay twice the
registration fee within three months from the end of the grace period for late payment or the end of the
payment deadline of the underpaid registration fee to apply for the restoration of the extinguished right. In
such cases, the relevant design right shall be deemed perpetual. <Amended on Jan. 27, 2016>
(4) The effects of an application for design registration or a design right under paragraph (2) or (3) shall not
extend to the working of the relevant design or design similar thereto by another person during a period
(hereinafter referred to as "period of limited effects") from the date immediately after the end of a grace
period for late payment of the registration fee until the date the registration fee or underpaid registration fee
is fully paid.
(5) A person who commercially works, or prepares to commercially work, a design claimed in an application
for design registration or a registered design under paragraph (2) or (3), or similar thereto, in good faith,
within the Republic of Korea during a period in which its validity is restricted, shall be granted a non-법제처                                                            34                                                       국가법령정보센
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exclusive license for the design that the person works or prepares to work for business purpose.
(6) A person granted a non-exclusive license under paragraph (5) shall pay reasonable consideration therefor
to the owner or exclusive licensee of the relevant design right.
 
Article 85 (Official Fees) (1) A person who initiates a design-related procedure shall pay official fees.
(2) Official fees under paragraph (1), the methods and period of payment of the fees, and other necessary
matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 86 (Full or Partial Exemption from Registration Fees and Other Official Fees) (1)
Notwithstanding Articles 79 and 85, the Commissioner of the Korean Intellectual Property Office shall provide
a full exemption from registration fees and other official fees in the following cases:
1. Registration fees and other official fees otherwise payable for an application for registration of a design
that belongs to the State or for a design right owned by the State; 
2. Official fees for a trial litigated by an examiner to seek invalidation under Article 121 (1).
(2) Notwithstanding Articles 79 and 85, the Commissioner of the Korean Intellectual Property Office may fully
or partially exempt any of the following persons from registration fees and other official fees specified by
Ordinance of the Ministry of Trade, Industry and Energy for an application filed by the person for design
registration or a design right arising from an application filed by the person for design registration:
<Amended on Jan. 21, 2014; Jan. 27, 2016; Aug. 17, 2021>
1. A recipient of medical benefits under the National Basic Living Security Act;
2. A person who meets the requirements prescribed by Ordinance of the Ministry of Trade, Industry and
Energy, among persons who reside or have a main office in an area declared to be in a state of disaster 
under Article 36 of the Framework Act on the Management of Disasters and Safety or declared a special 
disaster area under Article 60 of the same Act; 
3. Other persons prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) Where a person is fully or partially exempt from registration fees and other official fees under paragraph
(2) by fraud or other improper means, the Commissioner of the Korean Intellectual Property Office may
collect from him or her an amount equivalent to twice the registration fees and other official fees from which
the person is exempt, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. In such
cases, paragraph (2) shall not apply to an application for design registration filed by the relevant applicant or
the owner of a design right or to a design right arising from the application for design registration during a
period prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Aug. 17,
2021>법제처                                                            35                                                       국가법령정보센
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(4) A person who intends to be fully or partially exempt from registration fees and other official fees under
paragraph (2) shall submit documents specified by Ordinance of the Ministry of Trade, Industry and Energy
to the Commissioner of the Korean Intellectual Property Office. <Amended on Aug. 17, 2021>
 
Article 87 (Refunds of Registration Fees and Other Official Fees) (1) In any of the following cases,
registration fees and other official fees already paid shall be refunded upon request by the payor: <Amended
on Jan. 27, 2016; Aug. 17, 2021>
1. Registration fees and other official fees erroneously paid;
2. Registration fees for the years subsequent to the year in which a ruling to revoke the registration of a
design or a trial decision that invalidates the registration of a design becomes final and conclusive, or a 
design right is abandoned, out of registration fees already paid; 
3. Fees for filing an application for design registration, fees for filing a petition for priority claim, fees for
requesting that a design be kept secret, or fees for requesting the publication of an application, out of fees 
already paid, where an application for design registration is withdrawn or abandoned within one month 
after filing it: Provided, That the foregoing shall not apply to any of the following applications: 
(a) A divisional application or an application for design registration on which a divisional application is 
based; 
(b) An application for design registration, filed for the expedited examination under Article 61 (1); 
(c) An application for design registration, concerning which the examiner notified a ground for rejection 
under Article 63 or made a determination to accept design registration under Article 65; 
4. Fees for filing a petition for a trial (where it is a retrial, this means fees for filing a petition for a retrial;
hereinafter the same shall apply), out of fees already paid, where the determination to dismiss an 
amendment without prejudice, to reject an application for design registration, or to revoke design 
registration is cancelled under Article 157 (1) (this includes cases of application mutatis mutandis to a 
retrial under Article 164, but excludes trails and retrials to which amendment is made in accordance with 
Article 48 (4) 3 or Article 48 (4) 1 applied mutatis mutandis under Article 124 (1)); 
5. Half the fees for filing a petition for a trial, out of fees already paid, where such petition for a trial is
dismissed without prejudice under Article 128 (2) and such dismissal becomes final (including cases of 
application mutatis mutandis to a retrial under Article 164); 
6. Half the fees for intervention, out of fees already paid, where such application for intervention is withdrawn
before receiving notification of the closing of hearings under Article 143 (1) (this includes cases of 
application mutatis mutandis to a retrial under Article 164); 법제처                                                            36                                                       국가법령정보센
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7. Half the fees for intervention, out of fees already paid, where such application for intervention is dismissed
without prejudice under Article 143 (1) (this includes cases of application mutatis mutandis to a retrial 
under Article 164); 
8. Half the fees for filing a petition for a trial, out of fees already paid, where such petition is withdrawn
before receiving notification of the closing of hearings (this includes cases of application mutatis mutandis 
to a retrial under Article 164). 
(2) If registration fees and other official fees already paid fall under any subparagraph of paragraph (1), the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board shall notify the payor of registration fees and other official fees thereof. <Amended on Jan. 27,
2016>
(3) No claim for a refund of registration fees and other official fees under paragraph (1) shall be valid after
three years from the date on which the claimant is served with a notice under paragraph (2).
 
Article 88 (Design Register) (1) The Commissioner of the Korean Intellectual Property Office shall keep the
Design Register at the Korean Intellectual Property Office and shall enter records of the following matters in
the register:
1. The grant, transfer, extinguishment, or reinstatement of design rights, or limitations on the disposal of a
design right; 
2. The grant, maintenance, transfer, modification, or extinguishment of exclusive or non-exclusive licenses or
limitations on the disposal of exclusive or non-exclusive licenses; 
3. The grant, transfer, modification, or extinguishment of a pledge over design rights or exclusive or non-
exclusive licenses or limitations on the disposal of a pledge over design rights or exclusive or non-exclusive 
licenses. 
(2) The Design Register referred to in paragraph (1) may be entirely or partially kept in electronic medium.
(3) Except as otherwise provided in paragraphs (1) and (2), matters necessary for facts to be registered and
the procedures for registration shall be prescribed by Presidential Decree.
 
Article 89 (Issuance of Design Registration Certificates) (1) When the grant of a design right is
registered, the Commissioner of the Korean Intellectual Property Office shall issue a design registration
certificate to the design right-holder, as prescribed by Ordinance of the Ministry of Trade, Industry and
Energy.
(2) If any discrepancy arises between a design registration certificate and the Design Register or any other
document, the Commissioner of the Korean Intellectual Property Office shall, upon request or ex officio, recall법제처                                                            37                                                       국가법령정보센
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the design registration certificate to correct it or issue a new design registration certificate.
 
            CHAPTER V DESIGN RIGHTS
 
Article 90 (Registration of Grant of Design Rights) (1) A design right arises when the grant of the right
is registered.
(2) The Commissioner of the Korean Intellectual Property Office shall register the grant of the relevant design
right if:
1. The registration fee is paid in accordance with Article 79 (1);
2. The late payment of a registration fee is made in accordance with Article 82 (1);
3. The underpaid registration fee is paid in accordance with Article 83 (2);
4. The registration fee or underpaid registration fee is paid in accordance with Article 84 (1);
5. An applicant is exempted from the registration fee under Article 86 (1) 1 or (2).
(3) When a design right is registered under paragraph (2), the Commissioner of the Korean Intellectual
Property Office shall publish the details specified by Presidential Decree, such as the name and domicile of
the design right-holder and the design registration number, on the Design Gazette, to publicly announce the
registration.
 
Article 91 (Duration of Design Rights) (1) A design right arises on the date the grant of the right is
registered under Article 90 (1) and perpetuates until 20th anniversary of the filing date of the relevant
application of design registration: Provided, That a design right to a related design registered under Article
35 expires at the end of the duration of the design right to its principal design.
(2) If the grant of a design right claimed in an application filed by a legitimate right-holder for design
registration is registered under Article 44 or 45, the duration of the design right under paragraph (1) shall
begin on the day immediately after the filing date of an application filed by a an ineligible person for design
registration.
 
Article 92 (Effects of Design Rights) The owner of a design right shall have the exclusive right to work
the registered design or any similar design commercially: Provided, That the foregoing shall not apply where
an exclusive license for a design right is granted and the exclusive licensee has the exclusive right to work
the registered design or any similar design under Article 97 (2).
 
Article 93 (Scope of Protection of Registered Designs) The scope of protection of a registered design
shall be specified in the contents of the relevant application for design registration, the drawings,법제처                                                            38                                                       국가법령정보센
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photographs, or specimens accompanying the application, and the design depicted in accordance with the
description of the design in the drawings.
 
Article 94 (Limits of Design Rights) (1) The effect of a design right shall not extend to any of the
following:
1. Working of a design registered for conducting research or experiment or any similar design;
2. A ship, aircraft, or vehicle that merely passes through the Republic of Korea, or machines, instruments,
equipment, and other things used therein; 
3. Things that have already existed in the Republic of Korea when an application for design registration is
filed. 
(2) Where the grant of a design right for a font is registered, the effects of such design right shall not extend
to either of the following cases:
1. If the font is used in the ordinary process of typing, typesetting, or printing;
2. If it is a product made by using the font referred to in subparagraph 1.
 
Article 95 (Relationship with Other Persons’ Registered Designs) (1) If a registered design is a
product made by applying another person's registered design or a design similar thereto, patented invention,
registered utility model or registered trademark claimed in an application filed earlier than the filing date of
the application for registration of the relevant design, or if a design right conflicts with another person's
patent right, utility model right, or trademark right claimed in an application filed prior to the filing date of
the application for registration of the relevant design, the design right-holder to the relevant registered
design, the exclusive licensee or a non-exclusive licensee for the relevant registered design shall not work the
registered design, commercially, without permission from the owner of the relevant design right, patent right,
utility model right or trademark right or in breach of Article 123.
(2) If a design similar to a registered design is of a product made by applying another person's registered
design or a design similar thereto, patented invention, registered utility model or registered trademark
claimed in an application filed earlier than the filing date of the application for registration of the relevant
design, or if a design similar to a registered design subject to such design right conflicts with another
person's patent right, utility model right, or trademark right under an application filed prior to the filing date
of the application for registration of the relevant design, the design right-holder to the registered design, the
exclusive licensee or a non-exclusive licensee for the registered design shall not work the registered design,
commercially, for business without permission from the owner of the relevant design right, patent right,
utility model right or trademark right or in breach of Article 123.법제처                                                            39                                                       국가법령정보센
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(3) If a registered design or a design similar thereto is of a product made by applying, or conflicting with,
another person's copyright that arose earlier than the filing date of the application for registration of the
relevant design, the design right-holder to the registered design or a design similar thereto or the exclusive
licensee or a non-exclusive licensee for the registered design or a design similar thereto shall not work the
registered design or design similar thereto, commercially, without permission from the copyright owner.
 
Article 96 (Transfer and Joint Ownership of Design Rights) (1) A design right is transferable:
Provided, That a design right to a principal design and a design right to related designs shall be transferred
in a bundle to the same person.
(2) Where a design right is jointly owned, no co-owner shall transfer his or her share or grant a pledge over
his or her share to any person without consent of other co-owners.
(3) Where a design right is jointly owned, any co-owner may work the registered design or any similar design
alone without consent of other co-owners, except as otherwise expressly agreed upon by contract.
(4) Where a design right is jointly owned, no co-owner may grant or permit an exclusive or non-exclusive
license for the design right to any person without consent of other co-owners.
(5) The design right to multiple registered designs may be divided into multiple design rights that are
individually transferable.
(6) Where a design right to the principal design has been extinguished by revocation, abandonment, or
invalidation trial, and it is intended to transfer the design right to at least two designs related to a principal
design, the design right to such related designs shall be transferred in a bundle to the same person.
 
Article 97 (Exclusive Licenses) (1) The owner of a design right may grant an exclusive license for a design
right to other persons: Provided, That the exclusive license for the design rights to a principal design and
designs related thereto shall be granted to the same person in a bundle.
(2) An exclusive licensee shall have the right to exclusively work the registered design or any similar design
for business purposes within the scope specified in the relevant license agreement.
(3) No exclusive licensee may transfer his or her exclusive license to a third person without consent of the
design right-holder, unless he or she transfers the license along with the business to which the design is
applied or the license is conveyed by inheritance or general succession.
(4) No exclusive licensee may grant a pledge over, or a non-exclusive license for, his or her exclusive license
to any person without consent of the design right-holder.
(5) Article 96 (2) through (4) shall apply mutatis mutandis to an exclusive license.법제처                                                            40                                                       국가법령정보센
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(6) Where the design right to the principal design has been extinguished by revocation, abandonment, or
invalidation trial and it is intended to grant an exclusive license for at least two designs related to a principal
design, the exclusive license for such related designs shall be granted in a bundle to the same person.
 
Article 98 (Effects of Registration of Design Rights and Exclusive Licenses) (1) None of the
following acts shall take effect unless registered:
1. The transfer (excluding conveyance by inheritance or general succession) of a design right, extinguishment
of a design right by renunciation, or a limitation on the disposal of a design right; 
2. The grant, transfer (excluding conveyance by inheritance or general succession), modification, or
extinguishment (excluding extinguishment by confusion) of an exclusive license or a limitation on the 
disposal of an exclusive license; 
3. The grant, transfer (excluding conveyance by inheritance or general succession), modification, or
extinguishment (excluding extinguishment by confusion) of a pledge over a design right or on an exclusive 
licence or a limitation on the disposal of a pledge over a design right or an exclusive licence. 
(2) The conveyance of a design right, an exclusive license, or a pledge by inheritance or general succession
under paragraph (1) shall be reported to the Commissioner of the Korean Intellectual Property Office without
delay.
 
Article 99 (Non-Exclusive Licenses) (1) The owner of a design right may grant a non-exclusive license for
his or her design right to a third person.
(2) A non-exclusive licensee shall have the right to work the registered design or any similar design
commercially within the scope specified by this Act or in the relevant license agreement.
(3) A non-exclusive license under Article 123 shall be transferred along with the relevant design right,
exclusive license, or non-exclusive license of the non-exclusive licensee and shall be extinguished
simultaneously when the relevant design right, exclusive license, or non-exclusive license is extinguished.
(4) No non-exclusive license, except those specified in paragraph (3), may be transferred without consent of
the design right-holder (or the design right-holder or the exclusive licensee, if a non-exclusive license was
granted by an exclusive licensee), unless a non-exclusive license is transferred along with the business to
which the design is applied or is conveyed by inheritance or general succession.
(5) No pledge over a non-exclusive license, except those specified in paragraph (3), may be granted without
consent of the design right-holder (or the design right-holder or the exclusive licensee, if a non-exclusive
license was granted by an exclusive licensee).법제처                                                            41                                                       국가법령정보센
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(6) Article 96 (2) and (3) shall apply mutatis mutandis to non-exclusive licenses.
 
Article 100 (Non-Exclusive Licenses by Prior Use) A person who had created a design identical with a
design claimed in an application filed for registration of the design or had learned such design from the
creator thereof before the application for design registration was filed, without knowledge of the application,
and works, or prepares to work, the registered design or any similar design commercially within the Republic
of Korea, shall be granted a non-exclusive license for the design right to the design that the person works or
prepares to work within the scope of business objectives.
 
Article 101 (Non-Exclusive Licenses by Earlier Application) A person who created a design identical
to a design claimed in an application filed for registration of the design or learned such design from the
creator thereof at the time the grant of the design right to a third person was registered, without knowledge
of the application, and worked, or prepared to work, the registered design or any similar design commercially
within the Republic of Korea (excluding persons who meet the requirements under Article 100), shall be
granted a non-exclusive license for the design right to the design that the person worked or prepared to
work within the scope of business objectives, only if:
1. The person is required to have filed an application for registration of the identical design or any similar
design at least a day before the date on which another person filed an application for registration of the 
design to have the grant of the design right registered; 
2. The person is required to have worked, or have prepared to work, the design claimed in an application
filed for design registration under subparagraph 1 at the time the grant of the design right to another 
person was registered; 
3. It is required that the design claimed in the application filed earlier for design registration, among those
referred in subparagraph 1, falls under any subparagraph of Article 33 (1) and that a decision to reject 
design registration, or trial decision that the registration is to be rejected becomes final and conclusive. 
 
Article 102 (Non-Exclusive Licenses Based on Working Prior to Registration of Claim for
Ruling of Invalidation) (1) If any of the following persons had worked, or had prepared to work, his or
her registered design or any similar design commercially within the Republic of Korea without knowing that
the registered design was invalid before a petition seeking a trial decision of invalidation of the registration
of the design was filed, the person shall be granted a non-exclusive license for the design right to the design
that the person works or prepares to work within the scope of business objectives:
1. The original owner of the design right, where one of at least two registered designs was invalidated as an
identical or similar design; 법제처                                                            42                                                       국가법령정보센
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2. The original owner of the design right, where the registration of his or her design was invalidated and the
legitimate right-holder had his or her identical or similar design registered. 
(2) In cases falling under paragraph (1) 1 or 2, a person who had an exclusive or non-exclusive license for the
invalidated design right or a non-exclusive license for an exclusive license already granted before a petition
seeking a trial decision of invalidation was registered, shall be granted a non-exclusive license, if he or she is
either of the following:
1. A person who had the relevant non-exclusive or exclusive license registered;
2. A person who acquires a non-exclusive license falling under Article 104 (2).
(3) A person granted a non-exclusive license under paragraph (1) or (2) shall pay reasonable consideration
therefor to the design right-holder or the exclusive licensee.
 
Article 103 (Non-Exclusive Licenses After Expiration of Duration of Design Right) (1) Where a
design similar to a registered one conflicts with a design right registered by the filing date of an application
for registration of the design (hereinafter referred to as "original design right") but the duration of the
original design right expires, the owner of the original design right shall have a non-exclusive license for the
design right or for an exclusive license that exists for the design right when the duration of original design
right expires, within the scope of the original design right.
(2) In cases falling under paragraph (1), the exclusive licensee for the original design right which exists when
the duration of the original right expires or a non-exclusive licensee registered under Article 104 (1) shall
have a non-exclusive license for the design right or for an exclusive license that exists for the design right
when the duration of original design right expires, within the scope of the original design right.
(3) Paragraphs (1) and (2) shall apply mutatis mutandis where a registered design or a design similar thereto
conflicts with a patent right or a utility model right registered by the filing date of an application for
registration of the design but the duration of the patent right or utility model right expires.
(4) A person granted a non-exclusive license under paragraph (2) (including cases to which that paragraph
shall apply mutatis mutandis pursuant to paragraph (3)) shall pay reasonable consideration therefor to the
design right-holder or the exclusive licensee for the design right.
 
Article 104 (Effects of Registration of Non-Exclusive Licenses) (1) A non-exclusive license, once
registered, shall also be effective against any person who subsequently acquires the design right or an
exclusive license.
(2) A non-exclusive license granted under Articles 84 (5), 100 through 103, 110, 162, and 163 of this Act and
Article 10 (1) of the Invention Promotion Act shall have the same effect as provided in paragraph (1) of this법제처                                                            43                                                       국가법령정보센
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Article, irrespective of whether it has been registered.
(3) No person shall assert his or her claim or defense against a third party, based on the transfer,
modification, or extinguishment of a nonexclusive license, a limitation on the disposal of a nonexclusive
license, the grant, transfer, modification, or extinguishment of a pledge, or a limitation on the disposal of a
pledge, unless such act or event is registered.
 
Article 105 (Abandonment of Design Rights) The owner of a design right may abandon the design
right. In such cases, the design right to multiple registered designs may be divided into design rights to
individual designs and may be separately renounced.
 
Article 106 (Limitations on Abandonment of Design Rights) (1) No owner of a design right shall
abandon the design right without consent of the exclusive licensee, pledgee, or non-exclusive licensee under
Articles 97 (4) and 99 (1) of this Act or Article 10 (1) of the Invention Promotion Act.
(2) No exclusive licensee shall abandon his or her exclusive license without consent of the pledgee or non-
exclusive licensee under Article 97 (4).
(3) The holder of a non-exclusive license shall not abandon the non-exclusive license unless he/she obtains
consent from the pledgee.
 
Article 107 (Effects of Abandonment) Where a design right or an exclusive or non-exclusive license is
abandoned, the design right or the exclusive or non-exclusive license shall cease to be effective from the
time of renunciation.
 
Article 108 (Pledge) Where a pledge is granted on a design right or an exclusive or non-exclusive license,
no pledgee shall work the registered design, except as otherwise stipulated by contract.
 
Article 109 (Subrogation of Pledge) A pledge may be exercised against compensation under this Act or
against consideration or goods receivable for the working of the registered design: Provided, That such
compensation, consideration, or goods shall be seized before being paid or delivered.
 
Article 110 (Non-Exclusive Licenses Subsequent to Transfer of Design Rights by Exercise of
Pledge) If the owner of a design right (referring to the remaining co-owners except a co-owner who files a
request for dividing a design right jointly owned, where such request is filed) had worked the registered
design or a design similar thereto before a pledge was granted on the design right or a request for dividing
a jointly-owned design right is filed, he or she shall have a non-exclusive license for the design right even
after the design right is transferred to a third person by auction or such. In such cases, the design right-법제처                                                            44                                                       국가법령정보센
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holder shall pay reasonable consideration to the transferee of the design right. <Amended on Oct. 19, 2021>
[Title Amended on Oct. 19, 2021]
 
Article 111 (Extinguishment of Design Right in Absence of Heir) (1) A design right shall be
extinguished if no heir exists at the time proceedings for inheritance commence. <Amended on Oct. 19,
2021>
(2) Where the transfer of a design right owned by a corporation in the process of liquidation is not
registered by not later than the date the completion of the liquidation process of the corporation is
registered (or the earlier of the date administrative affairs for liquidation are actually completed or the date
immediately following the lapse of six months from the date the completion of the liquidation process was
registered, where the completion of the liquidation process was registered but administrative affairs for
liquidation have not been actually completed; hereafter in this paragraph, the same shall apply), the design
right shall be extinguished on the day immediately following the date the completion of the liquidation
process is registered. <Newly Inserted on Oct. 19, 2021>
[Title Amended on Oct. 19, 2021]
 
Article 112 (Title of Execution on Consideration and Compensation) A final and conclusive decision
on the amount of consideration or compensation determined by the Commissioner of the Korean Intellectual
Property Office under this Act shall have the same effect as an enforceable title of execution. In such cases,
the enforceable writ shall be issued by a public official of the Korean Intellectual Property Office.
 
            CHAPTER VI PROTECTION OF OWNERS OF DESIGN RIGHTS
 
Article 113 (Rights to Prohibit Infringement) (1) The owner of a design right or an exclusive licensee
may file a claim for injunction for, or prevention of, infringement against a person who infringes or is likely to
infringe upon his or her rights.
(2) The owner of a design right or an exclusive licensee, who made a request to keep the relevant design
confidential under Article 43 (1), cannot file a claim under paragraph (1), unless he or she issues a warning by
presenting a document certified by the Commissioner of the Korean Intellectual Property Office on the
following matters regarding the design, as prescribed by Ordinance of the Ministry of Trade, Industry and
Energy:
1. The name and domicile (or the name and principal place of business, if the claimant is a corporation) of
the design right-holder or the exclusive licensee (applicable only where an exclusive licensee files a claim); 법제처                                                            45                                                       국가법령정보센
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2. The serial number and date of an application for design registration;
3. The design registration number and the date of registration;
4. Details of drawings, photographs, or specimens accompanying the application of design registration.
(3) When the owner of a design right or an exclusive licensee files a claim under paragraph (1), he or she
may seek the destruction of infringing articles, the removal of facilities provided for infringement, and other
actions necessary for the prevention of infringement.
 
Article 114 (Acts Deemed Infringement) Engaging in producing, transferring, leasing, exporting, or
importing any product used only for producing a product associated with a registered design or any similar
design or engaging in offering the sale or rental of such product shall be deemed infringement of the
relevant design right or exclusive license.
 
Article 115 (Estimation of Damages) (1) A design right-holder or exclusive licensee may claim
compensation for any loss inflicted upon him or her against a person who infringed upon the design right or
exclusive license by intention or negligence. <Amended on Dec. 22, 2020>
(2) Where a compensation for a loss is claimed pursuant to paragraph (1), and the infringing person
transferred the products that constituted the infringement to third parties, the aggregate of the following
amounts may be the amount of loss that a design right-holder or exclusive licensee has sustained.
<Amended on Dec. 22, 2020>
1. The amount calculated by multiplying the quantity not exceeding the quantity of products that the design
right-holder or exclusive licensee could have produced, less the quantity of products actually sold among 
the quantity of the transferred products (the quantity calculated by subtracting the quantity of products 
that the design right-holder or exclusive licensee could not sold due to any cause or event, other than the 
infringement, if such cause or event, in addition to the infringement, prevented the design right-holder or 
exclusive licensee from selling the products) by the profit per unit of the products that the design right- 
holder or the exclusive licensee could have sold if not for the infringement. 
2. The amount that he or she would reasonably receive for working the design accepted for design
registration (the quantity calculated by subtracting the relevant quantity, if it is not recognized that the 
design right-holder or exclusive licensee was able to grant or permit an exclusive or non-exclusive license 
for the design right of the design right-holder to any person, or the design right-holder or exclusive 
licensee was able to grant a non-exclusive license for the design right of the exclusive licensee to any 
person), where there is any quantity exceeding the quantity of products that the design right-holder or 
exclusive licensee could have produced, less the quantity of products actually sold among the quantity of 법제처                                                            46                                                       국가법령정보센
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the transferred products or quantity of products that the design right-holder or exclusive licensee could 
not sold due to any cause or event, other than the infringement. 
(3) Where a design right-holder or an exclusive licensee claims compensation for any loss incurred by a
person who infringed upon the design right or exclusive license by intention or negligence, the profits that
the infringing person gained by infringement, if any, shall be deemed equivalent to the loss that the design
right-holder or exclusive licensee has sustained.
(4) Where a design right-holder or an exclusive licensee claims compensation for any loss incurred by a
person who infringed upon the design right or exclusive license by intention or negligence, the design right-
holder or the exclusive licensee may claim the amount that he or she would reasonably receive for working
the registered design as the loss that he or she sustained. <Amended on Oct. 20, 2020>
(5) Notwithstanding paragraph (4), the amount by which the damages exceed the amount specified in that
paragraph may be also claimed as damages. In such cases, the court may consider the fact that the absence
of intention or gross negligence on the part of a person who infringed upon the design right or exclusive
license in determining damages.
(6) If the court finds in a lawsuit for infringement on a design right or exclusive license that the loss has been
incurred by infringement but it is impracticable to find the facts necessary for proving the damages in light
of the nature of relevant facts, it may award reasonable damages based on the summation of all arguments
and the results of examination of evidence, notwithstanding paragraphs (1) through (5).
(7) Where infringement of a third person's design right or exclusive license is found to be willful, the court
may determine the amount of compensation within the maximum of three times the damages recognized
under paragraphs (1) through (6). <Newly Inserted on Oct. 20, 2020>
(8) In determining the amount of compensation mentioned in paragraph (7), the court shall take the
following into consideration: <Newly Inserted on Oct. 20, 2020>
1. Whether the infringer has a superior position;
2. Whether the infringement has been done with willfulness or the level of awareness of the risk of causing
damage; 
3. The severity of the damage inflicted upon a design right-holder or exclusive licensee by the infringement;
4. The economic benefits obtained by the infringer through the infringement;
5. The period, number, etc. of the infringement;
6. The fines imposed for the infringement;
7. The financial status of the infringer;법제처                                                            47                                                       국가법령정보센
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8. The relative degree of efforts made by the infringer to redress damage.
 
Article 116 (Presumption of Negligence) (1) A person who has infringed upon a design right or an
exclusive license of a third person shall be presumed to have been negligent by committing the
infringement: Provided, That the foregoing shall not apply to infringement of a design right registered as a
secret design under Article 43 (1) or an exclusive license for such secret design.
(2) Paragraph (1) shall apply mutatis mutandis where a design right-holder of a design registered through
partial examination or an exclusive or non-exclusive licensee for such registered design or any similar design
infringes upon a third person's design right or exclusive license.
 
Article 117 (Restoration of Reputation of Design Right-Holders) At the request of a design right-
holder or an exclusive licensee, the court may order a person who degrades the business reputation of the
design right-holder or exclusive licensee by infringing upon the design right or exclusive license by intention
or negligence, to take necessary measures to restore the business reputation of the owner or exclusive
licensee in lieu of compensation for damages or in addition thereto.
 
Article 118 (Submission of Documents) In a lawsuit for infringement of a design right or an exclusive
license, the court may, at the request of either party, order the other party to submit documents necessary
for the assessment of damages caused by the infringement: Provided, That the foregoing shall not apply
where a person possessing the documents has a reasonable ground to refuse to submit them.
 
            CHAPTER VII TRIAL
 
Article 119 (Trials on Determination to Dismiss Amendment without Prejudice) A person who is
dissatisfied with any determination to dismiss an amendment without prejudice under Article 49 (1) may file a
petition for a trial within three months from the date the person is served with a certified copy of such
determination. <Amended on Oct. 19, 2021>
 
Article 120 (Trials on Determination to Reject Applications for Design Registration or to
Revoke Design Registration) A person who is dissatisfied with any determination to reject an application
for design registration or a determination to revoke the registration of a design may file a petition within
three months from the date the person is served with a certified copy of such determination. <Amended on
Oct. 19, 2021>
 법제처                                                            48                                                       국가법령정보센
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Article 121 (Trials to Invalidate Design Registration) (1) An interested party or examiner may file a
petition for a trial to invalidate the registration of a design in any of the following cases. If a case involves
the registration of designs claimed in an application for registration of multiple designs under Article 41, such
petition shall be filed separately for each design:
1. Where the registrant has no right to register the design under the main clause of Article 3 (1) or is
ineligible for registration of the design under the proviso of that paragraph; 
2. Where the registration contravenes Articles 27, 33, 34, 35 (2) or (3), 39, or 46 (1) or (2);
3. Where the registration contravenes a treaty;
4. Where the design right-holder becomes ineligible for the design right under Article 27 or the registration
of the design at issue is found to contravene a treaty, after the design is registered. 
(2) A petition for a trial under paragraph (1) may be filed even after the relevant design right is extinguished.
(3) If a invalidation trial of a design registration becomes final and conclusive, the design right shall be
deemed never existed: Provided, That if the invalidation trial that invalidates the relevant design registration
becomes final and conclusive under paragraph (1) 4, the design right shall be deemed to cease to exist from
the time the registration of a design falls under paragraph (1) 4.
(4) Upon receipt of a petition for a trial under paragraph (1), the chief administrative patent judge shall notify
the exclusive licensee for the relevant design right or any person who has a registered right to the design of
receipt of the petition.
 
Article 122 (Trials to Confirm Scope of Design Rights) A design right-holder, an exclusive licensee, or
any interested party may file a petition for a trial to have the scope of the design right confirmed in order to
ascertain the extent of protection of the registered design. If a case involves the registration of designs
claimed in an application for registration of multiple designs under Article 41, such petition shall be filed
separately for each design.
 
Article 123 (Trials for Granting Non-Exclusive Licenses) (1) If a design right-holder, or an exclusive or
non-exclusive licensee intends to obtain a license to work a third person’s registered design that falls under
Article 95 (1) or (2) or a design similar thereto but if the person refuses to grant a license without valid cause
or if it is impracticable to obtain such license from the person, the design right-holder or the exclusive or
non-exclusive licensee may file a petition for a trial, seeking the grant of a non-exclusive license to the extent
necessary to work the registered design or a design similar thereto.
(2) If a person who granted a non-exclusive license under the ruling made at a trial under paragraph (1)
needs to work the registered design of the non-exclusive licenses or any design similar thereto but if the법제처                                                            49                                                       국가법령정보센
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non-exclusive licensee fails to grant a license for working the design or if it is impracticable to obtain the
license, he or she may file a petition for a trial, seeking the grant of a non-exclusive license to the extent
necessary to work the registered design or a design similar thereto.
(3) A non-exclusive licensee under paragraphs (1) and (2) shall pay consideration therefor to the patentee,
the utility model right-holder, the design right-holder, or the exclusive licensee: Provided, That if it is
impracticable to pay consideration due to any cause or event for which he or she is not liable, he or she shall
deposit the consideration in the competent court.
(4) No non-exclusive licensee under paragraph (3) shall work a patented invention, a registered utility model,
or a registered design or any design similar thereto without paying consideration therefor or depositing the
consideration in the competent court.
 
Article 124 (Application Mutatis Mutandis of Provisions Regarding Examination to Trials on
Determination to Reject Applications for Design Registration) (1) Articles 48 (1) through (3), 48 (4)
1, 49, 63, and 65 shall apply mutatis mutandis to a trial on a determination to reject an application for design
registration. In such cases, “before the notice of a determination to reject an application for design
registration under Article 62 or a determination to accept the registration of a design under Article 65
(hereinafter referred to as “determination on whether to accept design registration”) is served” in Article 48
(4) 1 shall be construed as “by a deadline for the submission of a written argument on the notice of a
ground for rejection”; “if an applicant for design registration files a petition for a trial in accordance with
Article 119” in Article 49 (3) as “a person files a lawsuit in accordance with Article 166 (1)”; and “until a trial
decision becomes final and conclusive” in that paragraph as “until the ruling rendered by the court becomes
final and conclusive.”
(2) Article 63, applicable mutatis mutandis pursuant to paragraph (1), shall apply where a ground found for
rejection in the proceedings of a trial differs from a ground for a determination to reject an application for
design registration.
 
Article 125 (Petition for Joint Trial) (1) Where persons who jointly own a design right or a right to have a
design registered intend to file a petition for a trial on the jointly owned right, all co-owners shall jointly file
such petition.
(2) Notwithstanding paragraph (1), if at least two persons intend to file a petition for a trial, seeking the
invalidation of the registration of a design under Article 121 (1) or the confirmation of the scope of a right
under Article 122 with respect to the same design right, they may severally or jointly file a petition for a trial.법제처                                                            50                                                       국가법령정보센
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(3) When a person files a petition for a trial against owners of a jointly-owned design right, all co-owners
shall be named as respondents.
(4) If a ground for the suspension or adjournment of proceedings of a trial is applicable to one of petitioners
under paragraphs (1) or (2) or one of respondents under paragraph (3), the ground shall be applicable to all
of them.
 
Article 125-2 (State-Appointed Attorney) (1) The President of the Intellectual Property Trial and Appeal
Board may appoint an attorney (hereinafter referred to as “State-appointed attorney”) at the request of a
party to a trial who meets the requirements prescribed by Ordinance of the Ministry of Trade, Industry and
Energy: Provided, That this shall not apply where the application for a trial is clearly groundless or where it is
deemed abuse of rights.
(2) Reduction or exemption of fees associated with trial proceedings may be offered to a party represented
by a State-appointed attorney.
(3) Matters regarding State-appointed attorneys such as relevant application procedures and fee reduction or
exemption shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Newly Inserted on Jan. 8, 2019]
 
Article 126 (Formalities of Petitions for Trials) (1) A person who intends to file a petition for a trial for
the invalidation of the registration of a design, the confirmation of the scope of a right, or the grant of a
non-exclusive license under Articles 121 through 123 shall file the petition, stating the following matters, with
the President of the Intellectual Property Trial and Appeal Board: <Amended on Jul. 30, 2013>
1. The names and domiciles of the parties (or the name and place of business, if either party is a
corporation); 
2. The name and domicile or place of business of the agent, if either party is represented by an agent [the
name and place of business of a patent firm or a patent firm (limited liability), and the name of a patent 
attorney in charge, if the agent is a patent firm or a patent firm (limited liability)]; 
3. An indication of the trial case;
4. Claims and the cause of the petition.
(2) No amendment to a petition filed under paragraph (1) for a trial shall be permitted to amend the gist of
the petition: Provided, That the foregoing shall not apply if:
1. An amendment (including an addition) is made to correct the description of the relevant design right-
holder, among the parties involved under paragraph (1) 1; 법제처                                                            51                                                       국가법령정보센
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2. The cause of the petition under paragraph (1) 4 is amended;
3. The respondent argues that the design the petitioner actually works differs from the design in the drawing
(referring to the respondent’s design contended by the petitioner) subject to the confirmation sought by 
the design right-holder or an exclusive licensee in the petition filed for the confirmation of the scope of a 
right under Article 122 and the petitioner amends the drawing of the design subject to the confirmation 
sought in the petition to make the design identical with the design that the respondent works. 
(3) A petition filed for a trial on the confirmation of the scope of a right under Article 122 shall be
accompanied by drawings for comparison with the registered design.
(4) A petition for a trial on the grant of a non-exclusive license under Article 123 (1) shall state the following
matters in addition to matters specified in paragraph (1):
1. The registration number and name of the registered design that the petitioner intends to work;
2. The registration number, name, and date of registration of another person’s patented invention, registered
utility model, or registered design that the petitioner intends to work; 
3. The scope and duration of, and the consideration for, a non-exclusive license for the patented invention,
registered utility model, or registered design. 
 
Article 127 (Formalities for Petitions for Trials on Determination to Reject Applications for
Design Registration) (1) A person who intends to file a petition for a trial on a determination to dismiss
an amendment, a determination to reject an application for design registration, or a determination to revoke
the registration of a design under Article 119 or 120 shall file the petition, stating the following matters, with
the President of the Intellectual Property Trial and Appeal Board, and, upon receipt of a petition for a trial on
a determination to revoke the registration of a design under Article 120, the President of the Intellectual
Property Trial and Appeal Board shall notify the opponent of the receipt of the petition: <Amended on Jul.
30, 2013>
1. The name and domicile of the petitioner (or the name and place of business, if the petitioner is a
corporation); 
2. The name and domicile or place of business of the agent, if the petitioner is represented by an agent [the
name and place of business of the patent firm or the patent firm (limited liability), and the name of the 
patent attorney in charge, if the agent is a patent firm or a patent firm (limited liability)]; 
3. The date and number of an application (the registration date and registration number of the design, if the
petitioner protests against a determination to revoke design registration); 
4. The products or category of products in relation to which the design is to be used;법제처                                                            52                                                       국가법령정보센
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5. The date of the determination to reject the application for design registration, the date of the
determination to revoke design registration, or the date of the determination to dismiss the amendment 
without prejudice; 
6. An indication of the trial case;
7. Claims and the cause of the petition.
(2) No amendment to a petition filed under paragraph (1) for a trial shall be permitted to amend the gist of
the petition: Provided, That the foregoing shall not apply to either of the following cases:
1. Where an amendment (including an addition) is made to correct the description of the petitioner under
paragraph (1) 1; 
2. Where the cause of the petition under paragraph (1) 7 is amended.
 
Article 128 (Dismissal of Petition for Trial without Prejudice) (1) The chief administrative patent judge
shall order the petitioner to amend the petition within a specified period if:
1. The petition for a trial contravenes Articles 126 (1), (3), or (4) or 127 (1);
2. The proceedings of a trial fall under any of the following items:
(a) If such proceedings contravene Article 4 (1) or 7; 
(b) If the petitioner fails to pay any fee payable under Article 85; 
(c) If the proceedings omit any of the formalities prescribed by this Act or by an order issued under this 
Act. 
(2) If a person ordered to amend a petition under paragraph (1) fails to amend it within the specified period,
the chief administrative patent judge shall dismiss the petition for the trial without prejudice.
(3) A determination under paragraph (2) shall be made in writing and shall state the grounds therefor.
 
Article 129 (Rulings to Dismiss Petitions for Trials with Incurable Defects) If an inappropriate
petition for a trial contains a defect incurable by an amendment, such petition may be dismissed by a trial
decision without prejudice, without providing the respondent with an opportunity to submit a written reply.
 
Article 130 (Administrative Patent Judge) (1) Upon receipt of a petition for a trial, the President of the
Intellectual Property Trial and Appeal Board shall allocate the case to administrative patent judges for a trial.
(2) Qualifications of administrative patent judges shall be prescribed by Presidential Decree.
(3) Administrative patent judges shall be independent in performing their duty to examine a case on trial.
 
Article 131 (Designation of Administrative Patent Judges) (1) The President of the Intellectual
Property Trial and Appeal Board shall designate administrative patent judges who shall form a panel under법제처                                                            53                                                       국가법령정보센
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Article 133 for each trial case.
(2) If any of the administrative patent judges designated under paragraph (1) has a conflict of interest in a
trial, the President of the Intellectual Property Trial and Appeal Board may designate another administrative
patent judge to replace him or her.
 
Article 132 (Designation of Chief Administrative Patent Judge) (1) The President of the Intellectual
Property Trial and Appeal Board shall appoint one of the administrative patent judges designated under
Article 131 (1) as the chief administrative patent judge.
(2) The chief administrative patent judge shall administer all affairs relating to the trial case.
 
Article 133 (Panel for Trial) (1) a trial shall be conducted by a panel comprised of three or five
administrative patent judges.
(2) The panel referred to in paragraph (1) shall make a ruling by a majority vote.
(3) No consultations among administrative patent judges shall be open to the public.
 
Article 134 (Submission of Written Replies) (1) Upon receipt of a petition for a trial, the chief
administrative patent judge shall serve the respondent with a copy of the petition and shall provide the
respondent with an opportunity to submit a written reply within a specified period.
(2) Upon receipt of a written reply provided in paragraph (1), the chief administrative patent judge shall serve
the petitioner with a copy of the written reply.
(3) The chief administrative patent judge may directly examine the parties to the trial.
 
Article 135 (Disqualification of Administrative Patent Judges) In any of the following cases, an
administrative patent judge shall be disqualified from being involved in a trial:
1. Where the administrative patent judge or his or her present or former spouse is a party, an intervenor, or
an opponent to the case on trial; 
2. Where the administrative patent judge is or was a relative of a party, an intervenor, or an opponent to the
case on trial; 
3. Where the administrative patent judge is or was the legal representative of a party, an intervenor, or an
opponent to the case on trial; 
4. Where the administrative patent judge is summoned as a witness or an expert witness or was an expert
witness to the case on trial; 
5. Where the administrative patent judge is or was an agent of a party, an intervenor, or an opponent to the
case on trial; 법제처                                                            54                                                       국가법령정보센
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6. Where the administrative patent judge was involved as an examiner, or an administrative patent judge in a
determination to reject an amendment, a determination on whether to accept an application for design 
registration, or a determination or administrative ruling on a petition for objection to registration of a 
partially-examined design; 
7. Where the administrative patent judge has a direct interest in the case on trial.
 
Article 136 (Requests for Disqualification) If a party or an intervenor finds a ground for disqualification
under Article 135, he or she may make a request to disqualify an administrative patent judge.
 
Article 137 (Challenge to Administrative Patent Judges) (1) If a party or an intervenor has a ground
to believe that it is impracticable to expect impartiality in a trial from an administrative patent judge, he or
she may file a request for a challenge to the administrative patent judge.
(2) No party or intervenor may file a request for a challenge to an administrative patent judge after he or she
makes a statement, orally or in writing, to the administrative patent judge concerning the case on trial:
Provided, That the foregoing shall not apply where a party or an intervenor did not know that there is a
cause of challenge or the cause of challenge arises thereafter.
 
Article 138 (Prima Facie Case for Disqualification or Challenge) (1) A person who intends to move
to disqualify or challenge an administrative patent judge under Article 136 or 137 shall file a written motion,
stating the cause thereof, with the President of the Intellectual Property Trial and Appeal Board: Provided,
that such motion may be verbally filed in an oral hearing.
(2) Prima facie evidence shall be presented for the cause of disqualification or challenge within three days
from the filing date of the petition.
 
Article 139 (Decision on Motion for Disqualification or Challenge) (1) A decision on a motion for
disqualifying or challenging an administrative patent judge shall be made in a trial.
(2) No administrative patent judge against whom a motion for disqualification or challenge is filed, shall
participate in the trial on the disqualification or challenge: Provided, That such administrative patent judge
may make arguments.
(3) A decision under paragraph (1) shall be made in writing stating the grounds therefor.
(4) No appeal shall be permitted against a decision made under paragraph (1).
 
Article 140 (Suspension of Trial Proceedings) If a motion for disqualification or challenge is filed, trial
proceedings shall be suspended until a decision is made on the motion: Provided, That the foregoing shall
not apply in an emergency.법제처                                                            55                                                       국가법령정보센
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Article 141 (Avoidance by Administrative Patent Judges) If an administrative patent judge has good
cause under Article 135 or 137, he or she may voluntarily avoid his or her participation in trials on the
relevant case with permission from the President of the Intellectual Property Trial and Appeal Board.
 
Article 142 (Hearings) (1) A hearing in trial proceedings shall be either oral or written: Provided, That a case
shall be tried orally if either party requests an oral hearing, unless it is found that a decision can be made in
writing.
(2) An oral hearing shall be open to the public: Provided, That the foregoing shall not apply where public
order or morality is likely to be disturbed.
(3) When the chief administrative patent judge intends to hold an oral hearing under paragraph (1), he or
she shall determine the date and venue of hearing and serve the parties and intervenors with written notice
thereof: Provided, That the foregoing shall not apply where such notice is given to the parties and
intervenors present at a hearing for the relevant case.
(4) When the chief administrative patent judge presides over an oral hearing under paragraph (1), he or she
shall have an official assigned by the President of the Intellectual Property Trial and Appeal Board make a
report on the hearing and other necessary facts relevant to each hearing.
(5) The chief administrative patent judge and an official who makes a report under paragraph (4) shall write
their names on and affix their seals to the report.
(6) Articles 153, 154, and 156 through 160 of the Civil Procedure Act shall apply mutatis mutandis to reports
under paragraph (4).
(7) Articles 143, 259, 299, and 367 of the Civil Procedure Act shall apply mutatis mutandis to administrative
patent trials.
(8) The chief administrative patent judge shall maintain order in the trial tribunal.
 
Article 143 (Intervention) (1) A person entitled to file a petition for a trial under Article 125 (2) may
intervene in the trial before the closing of hearings.
(2) An intervenor under paragraph (1) may continue trial proceedings even after the party for whose favor
the intervenor enters the proceedings voluntarily withdraws his or her petition for the trial.
(3) A person who has an interest in the results of a trial may intervene in the trial proceedings to assist either
party before the close of hearings.
(4) An intervenor under paragraph (3) may participate in all trial proceedings.
(5) If an intervenor under paragraphs (1) or (3) has any cause to suspend or discontinue trial proceedings,
such suspension or discontinuance shall have an effect also on the party for whose favor the intervenor법제처                                                            56                                                       국가법령정보센
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entered the proceedings.
 
Article 144 (Petitions for Intervention and Decisions Thereon) (1) A person who intends to intervene
in a trial shall file a petition for intervention with the chief administrative patent judge.
(2) Upon receipt of a petition for intervention, the chief administrative patent judge shall serve each party
and other intervenors with a copy of the petition for intervention and shall provide them with an opportunity
to submit a written argument within a specified period.
(3) Upon receipt of a petition for intervention, a decision on whether to permit intervention shall be made in
a trial.
(4) A decision under paragraph (3) shall be made in writing stating the grounds therefor.
(5) No appeal shall be permitted against a decision rendered under paragraph (3).
 
Article 145 (Examination and Preservation of Evidence) (1) Evidence may be examined or preserved,
upon request by a party, intervenor, or interested party, or ex officio, in trial proceedings.
(2) The provisions concerning the examination and preservation of evidence in Part II, Chapter III of the Civil
Procedure Act shall apply mutatis mutandis to the examination and preservation of evidence under
paragraph (1): Provided, That no administrative patent judge shall determine to impose an administrative
fine, issue an order to take a person into custody, or require a person to deposit guarantee money.
(3) A request to preserve evidence shall be filed with the President of the Intellectual Property Trial and
Appeal Board, if it is filed before filing a petition for a trial, or with the chief administrative patent judge, if it
is filed while the trial is pending.
(4) Upon receipt of a request for preservation of evidence under paragraph (1) before a petition for a trial is
filed, the President of the Intellectual Property Trial and Appeal Board shall assign the examination of the
request for preservation of evidence to an administrative patent judge.
(5) When the chief administrative patent judge ex officio examines or preserves evidence under paragraph
(1), he or she shall serve the parties and intervenors and interested parties with a statement of the findings
thereof and shall provide them with an opportunity to present their arguments thereon within a specified
period.
 
Article 146 (Continuation of Trial Proceedings) The chief administrative patent judge may proceed with
a trial, regardless of whether a party or intervenor neglects a procedure by a statutory deadline or by a
specified deadline or fails to appear on a date of hearing under Article 142 (3).
 법제처                                                            57                                                       국가법령정보센
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Article 146-2 (Principle of Timely Submission) @Articles 146, 147, and 149 of the Civil Procedure Act
shall apply mutatis mutandis to the submission of arguments or evidence in trial proceedings.
[This Article Newly Inserted on Aug. 17, 2021]
 
Article 147 (Ex Officio Trial Examinations) (1) A cause of action that neither a party nor an intervenor
requests to examine may also be examined in trial proceedings. In such cases, the parties and intervenors
shall be provided with an opportunity to present arguments thereon within a specified period.
(2) No claim other than the claims asserted by a petitioner in his or her petition may be examined in trial
proceedings.
 
Article 148 (Consolidation or Severance of Hearings or Rulings) An administrative patent judge may
consolidate hearings or rulings for at least two trials in which both parties or either party is identical, or sever
hearings for one trial.
 
Article 149 (Withdrawal of Petition for Trial) (1) A petition for a trial may be voluntarily withdrawn
before a trial decision becomes final and conclusive: Provided, That withdrawal after a written reply is
submitted in accordance with Article 134 (1) is subject to the adverse party’s consent thereto.
(2) A petition withdrawn under paragraph (1) shall be deemed never filed.
 
Article 150 (Trial Decision) (1) Except as otherwise provided in any Act, a trial shall be closed with a trial
decision.
(2) A trial decision referred to in paragraph (1) shall be made in writing stating the following matters, on
which administrative patent judges participating in the decision shall write their names and affix their seals:
<Amended on Jul. 30, 2013>
1. The trial number;
2. Names and domiciles of parties and intervenors (names and the places of business of corporations, if
parties are corporations); 
3. The name and domicile or place of business of agents, if parties are represented by agents [the name and
the place of business of the patent firm or the patent firm (limited liability), and the name of the patent 
attorney in charge, if an agent is a patent firm or a patent firm (limited liability)]; 
4. An indication of the trial case;
5. The main clause of the trial decision (including the scope and duration of the relevant non-exclusive
license and the consideration therefor, in the case of a trial under Article 123); 법제처                                                            58                                                       국가법령정보센
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6. Grounds for the trial decision (including claims and the cause of action);
7. The date of trial decision.
(3) When a case becomes sufficiently mature to render a trial decision, the chief administrative patent judge
shall notify the parties and intervenors of the close of hearings.
(4) If the chief administrative patent judge deems it necessary, he or she may reopen a case for hearings
upon request from a party or intervenor or ex officio, even after he or she gives the notice of the close of
hearings under paragraph (3).
(5) A trial decision shall be rendered within 20 days from the date the notice of the close of hearings is given
under paragraph (3).
(6) When a trial decision or ruling is rendered, the chief administrative patent judge shall serve the parties,
intervenors, and persons whose petition filed to intervene in the trial was rejected, with a copy of the ruling
or decision, respectively.
 
Article 151 (Res Judicata) If a trial decision rendered under this Act becomes final and conclusive, no
person may file a further petition for a trial, based on the same facts and evidence: Provided, That the
foregoing shall not apply where a final and conclusive decision is rendered as a decision to dismiss a petition
without prejudice.
 
Article 152 (Relationship to Litigation) (1) A chief administrative patent judge may suspend trial
proceedings until a determination on a petition filed to object to registration of a partially-examined design
in connection with the trial case or a decision rendered in any other trial becomes final and conclusive or
proceedings of a lawsuit filed in connection with the case are complete.
(2) A court may suspend proceedings of a lawsuit until a decision rendered in a trial becomes final and
conclusive, if necessary for the proceedings.
(3) Upon receipt of a lawsuit filed with regard to infringement of a design right or an exclusive license, a
court shall notify the President of the Intellectual Property Trial and Appeal Board of the claims asserted in
the lawsuit. A notice shall also be given when the proceedings of such lawsuit are closed.
(4) Upon receipt of a petition for a trial on the invalidation of the registration of a design right in response to
a lawsuit filed on infringement of a design right or an exclusive license under paragraph (3), the President of
the Intellectual Property Trial and Appeal Board shall notify the competent court under paragraph (3) of the
claims thereof. Notice shall be also given when a determination or trial decision is rendered to dismiss a
petition for a trial without prejudice or where a petition for a trial is voluntarily withdrawn.법제처                                                            59                                                       국가법령정보센
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Article 152-2 (Referral to Committee for Mediation of Disputes over Industrial Property
Rights) (1) If a chief administrative patent judge deems it necessary for reasonably resolving a trial case, he
or she may suspend the proceedings of the relevant case with the consent of the relevant party and may, by
determination, refer the case to the Committee for Mediation of Disputes over Industrial Property Rights
under Article 41 of the Invention Promotion Act (hereinafter referred to as the "Mediation Committee").
(2) When a chief administrative patent judge refers a trial case to the Mediation Committee pursuant to
paragraph (1), he or she shall send the records of the relevant case to the Mediation Committee.
(3) Where mediation procedures of the Mediation Committee terminate without reaching an agreement on
mediation, a chief administrative patent judge shall revoke a determination to suspend the proceedings of a
trial case under paragraph (1) and resume the trial, and where an agreement on mediation is reached, the
relevant petition for the trial shall be deemed withdrawn.
[This Article Newly Inserted on Aug. 17, 2021]
 
Article 153 (Cost of Trial) (1) The allocation of the cost of a trial under Article 121 (1) or 122 shall be
articulated in the judgment, if a trial decision is rendered at the close of the trial, or in a decision, if a
decision is rendered in lieu of a trial decision at the close of the trial.
(2) Articles 98 through 103, 107 (1) and (2), 108, 111, 112, and 116 of the Civil Procedure Act shall apply
mutatis mutandis to the cost of a trial under paragraph (1).
(3) The cost of a trial under Article 119, 120, or 123 shall be borne by a petitioner for the trial or an
opponent.
(4) Article 102 of the Civil Procedure Act shall apply mutatis mutandis to the cost that shall be borne by a
petitioner for a trial or an opponent under paragraph (3).
(5) The cost of a trial shall be determined by the President of the Intellectual Property Trial and Appeal
Board, upon request from a party, after the relevant trial decision or determination becomes final and
conclusive.
(6) Relevant provisions of the Costs of Civil Procedure Act shall apply to the scope, amount, and payment of
the cost of a trial and the payment of the cost required for procedural motions in a trial, unless such
provisions contravene the nature of the cost.
(7) Fees that a party has paid or shall pay to a patent attorney who has represented the party for a trial shall
be deemed the cost of the trial up to the amount specified by the President of the Intellectual Property
Tribunal. Even where a party has been represented by at least two patent attorneys for a trial, the party shall
be deemed represented by one patent attorney for the purpose of this paragraph.법제처                                                            60                                                       국가법령정보센
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Article 154 (Title of Execution of Cost of Trial or Consideration) A decision rendered by the
President of the Intellectual Property Trial and Appeal Board on the amount of cost of a trial or by
administrative patent judges on consideration shall be of the same effect as an enforceable title of execution.
In such cases, the enforceable writ shall be issued by a public official of the Intellectual Property Trial and
Appeal Board.
 
Article 155 (Special Provisions concerning Trial on Determination to Reject Application for
Design Registration) @Articles 134 (1) and (2), 143, and 144 shall not apply to a trial under Article 119 or
120.
 
Article 156 (Effects of Proceedings of Examination or Petition to Oppose Registration of
Partially-Examined Designs) Proceedings previously carried out for examination, or with respect to a
petition filed to oppose registration of a partially-examined design shall remain effective in relation to the
trial on a determination to reject the registration of the relevant design or a decision to revoke the
registration of the relevant design.
 
Article 157 (Cancellation of Decision to Reject Application for Design Registration) (1) When an
administrative patent judge upholds claims asserted in a petition filed for a trial under Article 119 or 120, he
or she shall render a trial decision to cancel the relevant determination to dismiss an amendment without
prejudice, to reject an application for design registration, or to revoke the relevant design registration.
(2) When a determination to dismiss an amendment without prejudice, to reject an application for design
registration, or to revoke design registration is cancelled in a trial, a trial decision that the case shall be
subjected to examination may be rendered.
(3) The grounds for cancellation by a trial decision rendered under paragraph (1) or (2) shall bind patent
examiners as regards the relevant case.
 
            CHAPTER VIII RETRIALS AND LITIGATION
 
Article 158 (Petitions for Retrials) (1) Either party may file a petition for a retrial on a trial decision that
has become final and conclusive.
(2) Articles 451 and 453 of the Civil Procedure Act shall apply mutatis mutandis to retrials under paragraph
(1).
 
Article 159 (Petitions to Oppose Decision Obtained by Fraud) (1) If the parties to a trial conspire to
obtain a trial decision by fraud with intent to infringe upon a third party’s right or interest, the third party법제처                                                            61                                                       국가법령정보센
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may file a petition for a retrial on the judgment that has become final and conclusive.
(2) In a petition filed for a retrial under paragraph (1), the parties to the relevant trial shall be named as joint
respondents.
 
Article 160 (Deadlines for Petition for Retrial) (1) A petition for a retrial shall be filed within 30 days
from the date the petitioner becomes aware of the cause of action for the retrial after the relevant trial
decision became final and conclusive.
(2) Where a petition for a retrial is filed on the ground of a defect in power of attorney, a period under
paragraph (1) shall be counted from the day immediately after the date the petitioner or his or her legal
representative becomes aware that a trial decision is rendered upon receipt of a certified copy of the
decision.
(3) No petition for a retrial may be filed three years from the date the relevant trial decision becomes final
and conclusive.
(4) If the cause of action for a retrial arises after the relevant trial decision becomes final and conclusive, a
period under paragraph (3) shall be counted from the day immediately after the date the cause of action
arises.
(5) Paragraphs (1) and (3) shall not apply where a petition for a retrial is filed on the ground that the relevant
trial decision conflicts with a previous judgment that has become final and conclusive.
 
Article 161 (Restrictions on Effects of Design Right Restored by Retrial) (1) In any of the following
cases, the effect of a design right shall not extend to the goods imported or domestically produced or
acquired in good faith after the relevant trial decision became final and conclusive but before a petition filed
for a retrial is registered:
1. Where an invalidated design right (including a design right that has been finally and conclusively revoked
in a trial on a determination to revoke design registration) is restored in the retrial; 
2. Where a trial decision that a product was outside the scope of a design right became final and conclusive
but another judgment that reverses the former judgment subsequently becomes final and conclusive; 
3. Where the grant of a design right is registered according to a retrial on an application for design
registration, which was rejected by a trial decision. 
(2) The effect of a design right in any case falling under the subparagraphs of paragraph (1) shall not extend
to any of the following acts:
1. Working the relevant design in good faith after the relevant judgment became final and conclusive but
before a petition filed for a retrial is registered; 법제처                                                            62                                                       국가법령정보센
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2. Producing, transferring, renting, exporting, or importing the goods used only for the production of the
products related to the registered design or offering to transfer or rent such goods, in good faith, after the 
relevant judgment became final and conclusive but before a petition filed for a retrial is registered. 
 
Article 162 (Non-Exclusive Licenses for Prior Users of Design Right Restored by Retrial) In any
case falling under any subparagraph of Article 161 (1), a person who works, or prepares to work, the relevant
design for business in good faith within the Republic of Korea after the relevant trial decision became final
and conclusive but before a petition filed for a retrial is registered shall be granted a non-exclusive license
for the design right to the design that the person works or prepares to work within the scope of business
objectives.
 
Article 163 (Non-Exclusive Licenses for Former Right-Holders, Deprived of Non-Exclusive
Licenses by Retrial) (1) If a trial decision to grant a non-exclusive license to a person under Article 123 (1)
or (2) is reversed by another judgment that was rendered in a retrial and becomes final and conclusive after
the former judgment became final and conclusive, a person who works, or prepares to work, the relevant
design for business in good faith within the Republic of Korea before a petition filed for a retrial is registered
shall be granted a non-exclusive license for the design right to the design that the person works or prepares
to work or the exclusive license existing at the time the trial decision rendered in the retrial becomes final
and conclusive within the scope of business objectives.
(2) A person granted a non-exclusive license under paragraph (1) shall pay reasonable consideration therefor
to the relevant design right-holder or exclusive licensee.
 
Article 164 (Application Mutatis Mutandis of Provisions concerning Trials to Retrials) The
provisions concerning trial proceedings shall apply mutatis mutandis to a retrial, unless such provisions are
contrary in nature thereto.
 
Article 165 (Application Mutatis Mutandis of the Civil Procedure Act) @Article 459 (1) of the Civil
Procedure Act shall apply mutatis mutandis to a petition for a retrial.
 
Article 166 (Appeals against Trial Decision) (1) The Patent Court of Korea shall have exclusive
jurisdiction over appeals against a trial decision rendered by administrative patent judges, lawsuits against a
determination to dismiss a petition without prejudice under Article 49 (1), appeals against a determination to
dismiss a petition for a trial or retrial without prejudice, to which the aforesaid provisions shall apply mutatis
mutandis pursuant to Article 124 (1) (including where the aforesaid provisions shall apply mutatis mutandis
pursuant to Article 164).법제처                                                            63                                                       국가법령정보센
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(2) An appeal referred to in paragraph (1) may be filed only by a party, an intervenor, or a person whose
petition filed to intervene in the relevant trial or retrial was rejected.
(3) An appeal referred to in paragraph (1) shall be filed within 30 days from the date a certified copy of the
relevant trial decision or determination rendered in a trial is served.
(4) The period referred to in paragraph (3) shall be a peremptory period.
(5) A chief administrative patent judge may ex officio add a period to the peremptory period under
paragraph (3) for the benefit of a person who has his or her domicile or abode in a remote or hard-to-access
area.
(6) An appeal on a subject matter of a trial may be filed only against a trial decision.
(7) No appeal referred to in paragraph (1) shall be filed independently for a trial decision on the
consideration under Article 150 (2) 5 or a trial decision or a determination on the cost of trial under Article
153 (1).
(8) A judgment rendered by the Patent Court of Korea under paragraph (1) may be appealed to the Supreme
Court.
 
Article 167 (Standing to Be Sued) In an appeal filed under Article 166 (1), the Commissioner of the
Korean Intellectual Property Office shall be the defendant: Provided, That, the petitioner or respondent shall
be sued as the defendant in an appeal filed against a trial decision rendered in a trial or retrial under Article
121 (1), 122, or 123 (1) or (2).
 
Article 168 (Notification of Lawsuit and Sending of Authenticated Copy of Written Judgment)
(1) Upon receipt of an appeal filed against a trial decision, a final appeal against a determination to dismiss a
petition without prejudice under Article 49 (1), which shall apply mutatis mutandis pursuant to Article 124 (1)
(including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 164), or a final
appeal filed under Article 166 (8), the competent court shall notify the President of the Intellectual Property
Trial and Appeal Board of the appeal without delay.
(2) When the proceedings of an appeal filed under the proviso of Article 167 are complete, the competent
court shall dispatch an authenticated copy of the judgment rendered by the court at each level on the case
to the President of the Intellectual Property Trial and Appeal Board without delay.
 
Article 169 (Cancellation of Trial Decision or Ruling) (1) If a court upholds claims asserted in an appeal
filed under Article 166 (1), it shall render a trial decision to cancel the relevant administrative ruling or
decision.법제처                                                            64                                                       국가법령정보센
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(2) When a judgment to cancel a trial decision or decision under paragraph (1) becomes final and conclusive,
administrative patent judges shall hold a further hearing to render another trial decision or ruling.
(3) The grounds for cancellation by a judgment rendered under paragraph (1) shall bind the Intellectual
Property Trial and Appeal Board as regards the relevant case.
 
Article 170 (Lawsuit against Trial Decision or Ruling on Consideration) (1) A person who is
dissatisfied with a trial decision or ruling rendered on consideration under Article 123 (3) may file a lawsuit in
court.
(2) A lawsuit referred to in paragraph (1) shall be filed within 30 days from the date a certified copy of the
relevant trial decision or ruling is served.
(3) The period referred to in paragraph (2) shall be a peremptory period.
 
Article 171 (Defendants in Lawsuit on Consideration) In a lawsuit filed under Article 170 on the
consideration under Article 123 (3), a non-exclusive licensee, an exclusive licensee, or a design right-holder
shall be sued as a defendant.
 
Article 172 (Patent Attorney’s Fee and Cost of Litigation) @Article 109 of the Civil Procedure Act
shall apply to fees payable to patent attorneys representing either party to a lawsuit. In such cases, the term
“attorney at law” shall be construed as “patent attorney”.
 
            CHAPTER IX INTERNATIONAL APPLICATIONS UNDER THE HAGUE AGREEMENT
CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
               SECTION 1 International Applications via Korean Intellectual Property Office
 
Article 173 (International Applications) A person who intends to file an application for international
registration (hereinafter referred to as “international registration”) under Article 1 (vi) of the Hague
Agreement concerning the International Registration of Industrial Designs (referring to the treaty adopted at
the Diplomatic Conference in 1999 by the World Intellectual Property Organization; hereinafter referred to as
“the Hague Agreement”) may file an international application under Article 1 (vii) of the Hague Agreement
via the Korean Intellectual Property Office (hereinafter referred to as “international application via the Korean
Intellectual Property Office”).
 
Article 174 (Persons Entitled to File International Applications) In order for a person to be entitled
to file an international application via the Korean Intellectual Property Office, he or she shall meet any of the
following requirements. If at least two persons intend to jointly file an application, each of them shall meet법제처                                                            65                                                       국가법령정보센
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any of the following requirements:
1. A national of the Republic of Korea;
2. A person domiciled in the Republic of Korea (referring to the place of business, if an applicant is a
corporation); 
3. A person with an abode in the Republic of Korea, as prescribed by Ordinance of the Ministry of Trade,
Industry and Energy. 
 
Article 175 (Procedures for International Applications) (1) A person who intends to file an
international application via the Korean Intellectual Property Office shall submit a written international
application prepared in the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy
and the documents required for the application (referring to documents required by specific Contracting
Parties to the Hague Agreement) with the Commissioner of the Korean Intellectual Property Office.
(2) An international application shall state describe the following matters or shall be accompanied by a
statement stating such matters:
1. Claims asserted in the international application under Article 1 (vii) of the Hague Agreement;
2. The name and domicile of the person who intends to file an International Application via the Korean
Intellectual Property Office (referring to the name and place of business of the applicant, if the applicant is 
a corporation). If at least two persons intend to jointly file an international application but their domiciles 
differ and they are not represented by an agent, an address for contact shall be additionally specified; 
3. Matters specified in the subparagraphs of Article 174;
4. The States in which it is intended to have the relevant design protected (including intergovernmental
organizations under Article 1 (xii) of the Hague Agreement; hereinafter referred to as “designated 
Contracting Parties”); 
5. Drawings (including photographs; the same shall apply hereinafter);
6. The product or category of products in relation to which the design is to be used;
7. The payment method for fees referred to in Article 5 (1) (vi) of the Hague Agreement;
8. Other matters specified by Ordinance of the Ministry of Trade, Industry and Energy.
(3) If a person who intends to file an international application via the Korean Intellectual Property Office
intends to request deferment of publication under Article 5 (5) of the Hague Agreement, he or she may
submit a specimen specified by Ordinance of the Ministry of Trade, Industry and Energy in lieu of drawings,
along with the international application.
(4) A person who intends to file an international application via the Korean Intellectual Property Office shall
state the following matters in the international application, if requested by a designated Contracting Party:법제처                                                            66                                                       국가법령정보센
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1. The name and domicile of the creator of the design;
2. Notes about drawings or characteristic features of the design;
3. The scope of claims under the design right.
 
Article 176 (Effective Date of Submission of International Applications and Other Documents)
An international application, documents required for the application, and documents under Article 177 (2)
shall take effect on the date the documents are delivered to the Commissioner of the Korean Intellectual
Property Office. The foregoing shall also apply where the documents are submitted by mail.
 
Article 177 (Examinations of Contents) (1) The Commissioner of the Korean Intellectual Property Office
shall note the arrival date of an international application on the international application, dispatch the
international application to the International Bureau under Article 1 (xxviii) of the Hague Agreement
(hereinafter referred to as “the International Bureau”), and send a copy of the international application to a
person who filed the international application via the Korean Intellectual Property Office (hereafter referred to
as “international applicant” in this Article).
(2) Notwithstanding paragraph (1), the Commissioner of the Korean Intellectual Property Office shall submit
documents necessary for the supplementation of contents of an international application (hereafter referred
to as “replacement documents” in this Chapter) within a reasonable time specified by him or her in any of
the following cases:
1. Where the international application is not written in a language designated by Ordinance of the Ministry
of Trade, Industry and Energy; 
2. Where the claims of the international application are unclearly stated;
3. Where it is impracticable to identify the international applicant because the name of a person who filed
the international application via the Korean Intellectual Property Office is omitted or is not clearly stated; 
4. Where an address for contacting the international applicant (referring to his or her agent, if his or her
agent complies with the procedure for the design) is unclearly stated; 
5. Where no drawings or specimens accompany the international application;
6. Where no designated State is indicated.
(3) If a person ordered to submit replacement documents under paragraph (2) submits such documents
within a specified period, the relevant application shall be deemed delivered on the date the replacement
documents are delivered to the Commissioner of the Korean Intellectual Property Office.
 
Article 178 (Payment of Transmittal Fee) (1) A person who intends to file an international application via
the Korean Intellectual Property Office shall pay the amount of money required for transmitting the법제처                                                            67                                                       국가법령정보센
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international application and other documents necessary for the application to the International Bureau
(hereinafter referred to as “transmittal fees”) to the Commissioner of the Korean Intellectual Property Office.
(2) Transmittal fee, methods and deadline of the payment thereof, and other necessary matters shall be
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) If a person who intends to file an international application via the Korean Intellectual Property Office fails
to pay the transmittal fees, the Commissioner of the Korean Intellectual Property Office shall order the
person to pay them within a reasonable period specified by him or her.
(4) If a person ordered to pay the transmittal fees under paragraph (3) fails to pay them within a specified
period, the Commissioner of the Korean Intellectual Property Office may declare the relevant procedure
invalid.
 
            SECTION 2 Applications for International Design Registration
 
Article 179 (Applications for International Design Registration) (1) An application for international
registration under Article 1 (vi) of the Hague Agreement (hereinafter referred to as “application for
international design registration”) shall be deemed an application filed for design registration under this Act,
if the application designates the Republic of Korea as a designated Contracting Party.
(2) The date of international registration under Article 10 (2) of the Hague Agreement shall be deemed the
filing date of an application for design registration under this Act.
(3) The name and address of an international registrant (referring to the name and place of business of the
corporation, if the registrant is a corporation), the drawings, the product or category of products in relation
to which the design is to be used, the name and address of the creator of the design, and the description of
the design, which are recorded in the International Register under Article 1 (viii) of the Hague Agreement
(hereinafter referred to as the “International Register”), shall be deemed the name and address of an
applicant for design registration (referring to the name and seat of business place of the corporation, if the
applicant is a corporation), the drawings, the product or category of products in relation to which the design
is to be used, the name and address of the creator of the design, and the description of the design under
this Act.
 
Article 180 (Special Cases concerning Requirements for Design Registration) In applying Article
33 (3) to an application for international design registration, “the Design Gazette under Articles 52, 56, or 90
(3)” in the aforesaid provisions shall be construed as “the publication of the international registration under
Article 10 (3) of the Hague Agreement and the Design Gazette under Articles 56 or 90 (3)”.법제처                                                            68                                                       국가법령정보센
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Article 181 (Special Cases concerning Applications for Design Registration) (1) In applying this Act
to applications for international design registration, the publication of international registration shall be
deemed the filing of an application for design registration under Article 37 (1).
(2) In applying this Act to applications for international design registration, the matters and drawings
recorded in the International Register shall be deemed the contents of an application for design registration
and relevant drawings under Article 37 (1) and (2).
(3) The provisions concerning brief description of the creation in Article 37 (2) 2 and Article 37 (3) shall not
apply to applications for international design registration.
 
Article 182 (Special Cases concerning Filing Dates of Applications) @Article 38 shall not apply to
applications for international design registration.
 
Article 183 (Withdrawal of Applications for International Design Registration or Renunciation
of Internationally Registered Design Rights Following Termination of International
Registration) (1) If the international registration is fully or partially terminated according to the recording of
any change, such as the renunciation under Article 16 (1) (iv) of the Hague Agreement or any limitation
under Article 16 (1) (v) of said Agreement, the relevant application for international design registration shall
be deemed voluntarily withdrawn, fully or partially, to the extent of such termination, and the relevant design
right internationally registered (referring to the design right, the grant of which is registered by the applicant
for the international design registration in the Republic of Korea under Article 198 (2); the same shall apply
hereinafter) shall be deemed fully or partially renounced.
(2) Withdrawal or renunciation under paragraph (1) shall take effect on the date the relevant change in the
international registration is recorded in the International Register.
 
Article 184 (Special Cases concerning Secret Designs) @Article 43 shall not apply to applications for
international design registration.
 
Article 185 (Inspection of Applications for International Design Registration subject to
Requests for Deferment of Publication of International Registration) (1) In either of the following
cases, the Commissioner of the Korean Intellectual Property Office shall accept a request to permit the
inspection of a confidential copy of an application for international design registration under Article 10 (5) (a)
of the Hague Agreement, regarding which a request for the deferment of publication of the international
registration is filed under Article 11 of the Hague Agreement:법제처                                                            69                                                       국가법령정보센
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1. Where a party to a dispute makes a request to permit him or her to inspect the relevant application for
international design registration for administrative or judicial proceedings concerning the entitlement of a 
person who has filed an application for international design registration (hereafter referred to as “applicant 
for international design registration” in this Section); 
2. Where a person who has obtained consent from the international registrant recorded in the International
Register makes a request to permit an inspection. 
(2) No person who inspects a confidential copy under paragraph (1) shall divulge or misappropriate the
information acquired or known to him or her by photographing or photocopying the inspected contents
without authorization.
 
Article 186 (Special Cases concerning Amendments to Applications) (1) In applying Article 48 (1) to
applications for international design registration, “any description in a drawing or any photograph or
specimen” in the aforesaid provisions shall be construed as “any description in a drawing”.
(2) Article 48 (3) shall not apply to applications for international design registration;
(3) In applying Article 48 (4) to applications for international design registration, “paragraphs (1) through (3)”
in the aforesaid provisions shall be construed as “paragraphs (1) and (2)”, and “a determination to reject an
application for design registration under Article 62” as “a determination to reject an application for design
registration under Article 62 from the date the international registration is published under Article 10 (3) of
the Hague Agreement”.
(4) In applying Article 48 (5) to applications for international design registration, “paragraphs (1) through (3)”
in the aforesaid provisions shall be construed as “paragraphs (1) and (2)”
 
Article 187 (Special Cases concerning Divided Applications) (1) In applying Article 50 (1) to
applications for international design registration, “part of an application filed for design registration” in the
aforesaid provisions shall be construed as “part of an application filed for design registration only upon
receipt of a notice of the grounds for rejection under Article 63”.
(2) In applying Article 50 (3) to an application for international design registration, “Article 48 (4)” in the
aforesaid provisions shall be construed as “Article 186 (3)”.
 
Article 188 (Special Cases concerning Priority Claims under Treaty) In applying Article 51 (4) to
applications for international design registration, “the filing date of an application for design registration” in
the aforesaid provisions shall be construed as “the date the international registration was published under
Article 10 (3) of the Hague Agreement”.법제처                                                            70                                                       국가법령정보센
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Article 189 (Special Cases concerning Publication of Applications) @Article 52 shall not apply to
applications for international design registration.
 
Article 190 (Special Cases concerning Effects of Publication of Applications) In applying Article 53
(1) to applications for international design registration, “the publication of the application under Article 52” in
the aforesaid provisions shall be construed as “the publication of international registration under Article 10
(3) of the Hague Agreement”, while “the publication of an application for design registration under Article
52” as “the publication of international registration under Article 10 (3) of the Hague Agreement” in applying
Article 53 (2) and (6) to applications for international design registration.
 
Article 191 (Special Cases concerning Succession to Rights to Have Design Registered) (1) In
applying Article 57 (3) to applications for international design registration, “unless a report is filed on the
change of an applicant of design registration, except conveyance by inheritance or general succession” in the
aforesaid provisions shall be construed as “unless a report is filed by an applicant for international design
registration with the International Bureau on the change of the registrant.”
(2) Article 57 (4) and (5) shall not apply to applications for international design registration.
(3) In applying Article 57 (6) to applications for international design registration, “paragraphs (2) and (5)” shall
be construed as “paragraph (2).”
 
Article 192 (Special Cases concerning Expedited Examination) In applying Article 61 (1) 1 to
applications for international design registration, “the publication of the application under Article 52” shall be
construed as “the publication of international registration under Article 10 (3) of the Hague Agreement.”
 
Article 193 (Special Cases concerning Decisions to Reject) Cases specified in Article 62 (1) 2 in which
an applicant not entitled to design registration under Article 37 (4) shall not apply to applications for
international design registration.
 
Article 194 (Special Cases concerning Notification of Grounds for Rejection) In applying Article 63
(1) to applications for international design registration, “the applicant for design registration” in the aforesaid
provisions shall be construed as “the applicant for international design registration via the International
Bureau.”
 
Article 195 (Special Cases concerning Ex Officio Amendments) @Article 66 shall not apply to
applications for international design registration.법제처                                                            71                                                       국가법령정보센
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Article 195-2 (Special Cases concerning Ex Officio Re-Examination after Determinations to
Accept Applications for Design Registration) @Article 66-2 shall not apply to applications for
international design registration.
[This Article Newly Inserted on Oct. 19, 2021]
 
Article 196 (Special Cases concerning Registration Fees and Official Fees) (1) A person who
intends to renew the duration of a design right internationally registered under Article 17 (2) of the Hague
Agreement or an applicant for international design registration shall pay the prescribed designation fees
under Article 7 (1) of the Agreement or the individual designation fees under Article 7 (2) of the Agreement
to the International Bureau according to the classification of products or category of products prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
(2) Matters necessary for the prescribed designation fees and individual designation fees under paragraph (1)
shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) Articles 79 through 84 and 86 (excluding provisions concerning fees for a petition for a trial on
invalidation under paragraph (1) 2) shall not apply to applications for international design registration or an
internationally registered design right.
 
Article 197 (Special Cases concerning Refund of Registration Fees and Official Fees) In applying
Article 87 to applications for international design registration, paragraph (1) 3 of that Article shall not apply
to applications for international design registration.
 
Article 198 (Special Cases concerning Registration of Grant of Design Rights) (1) Article 90 (2)
shall not apply to applications for international design registration.
(2) When a decision is made to register a design under Article 65 in regard to an application for international
design registration, the Commissioner of the Korean Intellectual Property Office shall register the grant of the
design right.
 
Article 199 (Special Cases concerning Duration of Design Rights) (1) An internationally registered
design right shall arise on the date the grant of the design right is registered in the Republic of Korea under
Article 198 (2) and shall remain effective until the fifth anniversary of the date of the international registration
under Article 10 (2) of the Hague Agreement (hereinafter referred to as the “date of the international
registration”): Provided, That a design right, the grant of which is registered in the Republic of Korea under
Article 198 (2) according to a decision rendered after the fifth anniversary of the date of the international
registration (hereafter referred to as “expiry date of the international registration” in this paragraph) to법제처                                                            72                                                       국가법령정보센
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register the design right, shall arise on the registration date of the grant of the right and shall remain
effective until the fifth anniversary of the expiry date of the international registration.
(2) The duration of an internationally registered design right under paragraph (1) may be renewed for
additional five consecutive years under Article 17 (2) of the Hague Agreement.
 
Article 200 (Special Cases concerning Scope of Protection of Registered Designs) In applying
Article 93 to an internationally registered design right, the scope of protection of the internationally
registered design right shall be determined as follows:
1. If no amendment under Article 48 is made: The description recorded in the International Register,
drawings, and a description of the design; 
2. If an amendment under Article 48 is made: The description in the amended application for design
registration, amended drawings, and an amended description of the design. 
 
Article 201 (Special Cases concerning Effects of Registration of Design Rights) (1) The
assignment of an internationally registered design right, extinguishment of an internationally registered
design right by renunciation, or renewal of the duration of an internationally registered design right shall
take effect when such event is recorded in the International Register: Provided, That the foregoing shall not
apply where the Commissioner of the Korean Intellectual Property Office notifies the International Bureau
that the assignment of an internationally registered design right does not take effect because the assignment
contravenes the proviso of Article 96 (1) or paragraph (2) of that Article.
(2) In applying Article 98 (1) 1 to internationally registered design rights, “the assignment (excluding
conveyance by inheritance or general succession) or extinguishment of a design right by renunciation or a
limitation on the disposal of a design right” in the aforesaid provisions shall be construed as “a limitation on
the disposal of a design right.”
(3) In applying Article 98 (2) to internationally registered design rights, “a design right, an exclusive license” in
the aforesaid provisions shall be construed as “an exclusive license.”
 
Article 202 (Special Cases concerning Renunciation of Design Rights) (1) Article 106 (1) shall not
apply to internationally registered design rights.
(2) In applying Article 107 to internationally registered design rights, “a design right, an exclusive license” in
the aforesaid provisions shall be construed as “an exclusive license.”
 
Article 203 (Effects of Correction of International Register) (1) If a correction to the International
Register under Article 1 (viii) of the Hague Agreement (hereafter referred to as “correction” in this Article) is법제처                                                            73                                                       국가법령정보센
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made, the relevant application for international design registration shall remain effective as corrected.
(2) A correction shall take effect retroactively from the date of international registration of the relevant
application for international design registration.
(3) If a correction is related to a matter specified by Ordinance of the Ministry of Trade, Industry and Energy
and is notified of a decision on whether to register the relevant application for international design
registration, the decision on whether to register the application shall be deemed never made.
 
Article 204 (Special Cases concerning Rights to Seek Injunction against Infringements) @Article
113 (2) shall not apply to internationally registered design rights.
 
Article 205 (Special Cases concerning Inspection of Documents) In applying Article 206 (2) to
applications for international design registration, “the publication of an application under Article 52” shall be
construed as “the publication of international registration under Article 10 (3) of the Hague Agreement.”
 
            CHAPTER X SUPPLEMENTARY PROVISIONS
 
Article 206 (Inspection of Documents) (1) A person may request the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board to certify an
application for design registration or an administrative trial, issue a certified copy of or extract from a
document, or permit him or her to inspect or photocopy the Design Register or any other document, as he
or she requires.
(2) Upon receipt of a request under paragraph (1), the Commissioner of the Korean Intellectual Property
Office or the President of the Intellectual Property Trial and Appeal Board may determine not to permit the
certification, inspection, or photocopying of the documents relating to an application for design registration
in which the application has not been published under Article 52 and the grant of the design right has not
yet been registered, and documents that are likely to disturb public order or morality.
 
Article 207 (Prohibition against Removal or Disclosure of Documents Relating to Applications,
Examinations, and Trials) (1) Except in any of the following cases, an application for design registration,
the documents relating to the examination of such application, a petition to oppose registration of a
partially-examined design, documents relating to a trial or retrial, or the Design Register shall not be
removed from the office: <Amended on Aug. 17, 2021>
1. Where an application for design registration or documents relating to the examination of such application
are removed from the office for searching for prior designs under Article 59 (1) or (2); 법제처                                                            74                                                       국가법령정보센
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1-2. Where documents relating to an application for design registration and examination thereof, a petition
to oppose registration of a partially-examined design, trial, or retrial, or the Design Register are removed 
from the office for mediation prescribed in Article 152-2 (2); 
2. Where documents relating to an application for design registration and examination thereof, a petition to
oppose registration of a partially-examined design, trial or retrial, or the Design Register are removed from 
the office for the entrustment of digitization of design documents under Article 208 (2); 
3. Where documents relating to an application for design registration and examination thereof, a petition to
oppose registration of a partially-examined design, or trial, or retrial, or the Design Register are removed 
from the office for the online remote service under Article 32 (2) of the Electronic Government Act. 
(2) Neither testimony as an expert witness or as a witness nor an answer to an inquiry can be given with
regard to an application for design registration, the examination of such application, a case pending for a
trial or retrial, a decision or a trial decision on whether to register a design, or a decision on any other
matter.
 
Article 208 (Entrustment of Digitization of Design Documents) (1) In order to efficiently perform
design-related procedures, the Commissioner of the Korean Intellectual Property Office may perform services
for digitizing applications for design registration, documents relating to the examination of such applications,
petitions to oppose registration of partially-examined designs, or documents relating to administrative patent
trials or retrials, or the Design Register or similar services (hereinafter referred to as “services for digitization
of design documents”) by using electronic information processing systems and applied technology for
electronic information processing systems.
(2) The Commissioner of the Korean Intellectual Property Office may entrust the services for digitization of
design documents to corporations equipped with facilities and human resources prescribed by Ordinance of
the Ministry of Trade, Industry and Energy.
(3) No current or former executive officer or employee of a person to whom the services for digitization of
design documents are entrusted under paragraph (2) (hereinafter referred to as “agency for digitizing design
documents”) shall divulge or misappropriate confidential information about the design claimed in an
application for design registration and known to him or her in the course of performing his or her duties.
(4) The Commissioner of the Korean Intellectual Property Office may digitize applications for design
registration not filed in the form of electronic document under Article 30 (1) and other documents specified
by Ordinance of the Ministry of Trade, Industry and Energy in accordance with paragraph (1) and store such
applications and documents in the files in the electronic information processing systems used by the Korean
Intellectual Property Office and the Intellectual Property Trial and Appeal Board.법제처                                                            75                                                       국가법령정보센
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(5) Contents stored in a file under paragraph (4) shall be deemed the same as contents written in relevant
paper documents.
(6) Methods for digitization of design documents and other matters necessary for the services for digitization
of design documents shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(7) If an agency for digitizing design documents fails to meet the standards prescribed by Ordinance of the
Ministry of Trade, Industry and Energy for facilities and human resources under paragraph (2) or if any of its
executive officers or employees divulges or misappropriates confidential information about the design
claimed in an application for design registration and known to him or her in the course of performing his or
her duties, the Commissioner of the Korean Intellectual Property Office may order the agency to take a
corrective measure or may terminate entrustment, if an agency for digitizing design documents fails to
comply with an order to take the corrective measure. An agency for digitizing design documents shall be
provided with an opportunity to explain its position before issuing such order. <Amended on Apr. 17, 2018>
 
Article 209 (Service of Documents) Matters regarding procedures for serving documents specified in this
Act shall be prescribed by Presidential Decree.
 
Article 210 (Service by Public Notice) (1) If it is impracticable to serve a document on a person because
of unknown whereabouts of the person, the service on the person shall be made by public notice.
(2) Public notice in lieu of service shall be made by publishing the statement that the relevant document is
available for delivery to a person on whom it is to be served at any time in the Design Gazette.
(3) Public notice in lieu of initial service shall take effect two weeks after the date of publication in the Design
Gazette: Provided, That public notice in lieu of subsequent service to the same party shall take effect on the
day immediately after the date of publication in the Design Gazette.
 
Article 211 (Service on Non-Residents) (1) Documents to be served on an non-resident shall be
delivered to his or her design administrator, if the non-resident has a design administrator.
(2) Documents to be served on an non-resident may be dispatched to the non-resident by registered airmail,
if the non-resident has no design administrator.
(3) If documents are dispatched by registered airmail under paragraph (2), such documents shall be deemed
served on the mailing date of the documents.
 
Article 212 (Design Gazette) (1) The Commissioner of the Korean Intellectual Property Office shall publish
the Design Gazette.법제처                                                            76                                                       국가법령정보센
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(2) The Design Gazette may be published in an electronic medium, as prescribed by Ordinance of the
Ministry of Trade, Industry and Energy.
(3) If the Design Gazette is published in an electronic medium, the Commissioner of the Korean Intellectual
Property Office shall notify the issuance of the Design Gazette, its main contents, and matters concerning
official notice in lieu of service through the information and communications networks.
(4) Information to be published in the Design Gazette shall be prescribed by Presidential Decree.
 
Article 213 (Submission of Documents) The Commissioner of the Korean Intellectual Property Office or
an examiner may require a party to submit documents and other articles necessary for any proceeding other
than the proceedings of a trial or retrial.
 
Article 214 (Indication of Design Registration) A design right-holder or an exclusive or non-exclusive
licensee may place a mark indicating design registration on products to which the registered design is
applied or containers or packaging materials of such products.
 
Article 215 (Prohibition of False Indication) No person shall commit any of the following offences:
1. Placing a mark indicating design registration or application pending for design registration or any mark
that can be easily mistaken as such mark on a product with no registered design or with no application for 
design registration or the container or packaging materials of such product; 
2. Transferring, renting, or displaying any product with a mark referred to in subparagraph 1;
3. Placing a mark indicating design registration or application pending for design registration for a product
with no registered design or with no application for design registration or any mark that can be easily 
mistaken as such mark on an advertisement, signboard, or tag in order to produce, use, transfer, or rent 
such product. 
 
Article 216 (Restrictions on Appeals) (1) No appeal may be filed under any other Act against a
determination to dismiss an amendment without prejudice, a determination on whether to accept an
application for design registration, a determination or a trial decision to cancel the registration of a design,
or a determination to dismiss a petition for a trial or retrial without prejudice, and no appeal may be filed
under any other Act against any disposition against which no appeal is permitted under this Act.
(2) An appeal against any disposition other than the dispositions specified in paragraph (1) shall be governed
by the Administrative Appeals Act or the Administrative Litigation Act.
 
Article 217 (Orders to Maintain Confidentiality) (1) If a party to a lawsuit on infringement of a design
right or an exclusive license established a prima facie case for either of the following grounds with respect to법제처                                                            77                                                       국가법령정보센
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his or her own trade secret (referring to a trade secret defined under subparagraph 2 of Article 2 of the
Unfair Competition Prevention and Trade Secret Protection Act; the same shall apply hereinafter), the court
may order, by decision upon the party’s request, the counterparty (the representative of the corporation, if
the counterparty is a corporation), the person representing the party for the lawsuit, and other persons who
become aware of the trade secret in the course of the lawsuit to refrain from using the trade secret for any
purpose other than the continuation of the lawsuit or disclosing the trade secret to any person other than
those to whom the aforementioned order is issued under this paragraph: Provided, That the foregoing shall
not apply where the counterparty (the representative of the corporation, if the counterparty is a corporation),
the person representing the party for the lawsuit, or other person who becomes aware of the trade secret in
the course of the lawsuit has already acquired the trade secret by any means other than the reading of briefs
or the examination of evidence as referred to in subparagraph 1:
1. The trade secret is stated in a brief already submitted or to be submitted or in the evidence already
examined or to be examined; 
2. It is necessary to limit the use or disclosure of the trade secret to prevent the requesting party’s business
from being harmed by the possible use or disclosure of the trade secret referred to in subparagraph 1 for 
any purpose other than the proceedings of the lawsuit. 
(2) A request for an order under paragraph (1) (hereinafter referred to as “order for confidentiality”) shall be
made in writing, stating the following matters therein:
1. Persons to whom the order for confidentiality shall be issued;
2. Facts sufficient to identify the trade secret to be protected by the order for confidentiality;
3. Facts relevant to a ground specified in either subparagraph of paragraph (1).
(3) A court that decides to issue an order for confidentiality shall serve a written decision on persons who
shall comply with the order for confidentiality.
(4) An order for confidentiality shall take effect at the time a written decision under paragraph (3) is served
on persons who shall comply with the order for confidentiality.
(5) An immediate complaint may be filed against a determination to dismiss, on the merits or without
prejudice, a request to issue an order for confidentiality.
 
Article 218 (Revocation of Orders of Confidentiality) (1) If any of the requirements provided in Article
217 (1) is not met or ceases to be met, a person who has requested an order for confidentiality or a person
who has been subjected to an order for confidentiality may request the court in which trial records are
preserved (or the court that issued the order for confidentiality, if the trial records are not preserved in any
court) to revoke the order for confidentiality.법제처                                                            78                                                       국가법령정보센
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(2) When a court makes a decision on a request for revocation of an order for confidentiality, it shall serve a
written decision on the person who has filed the request and the counterparty.
(3) An immediate complaint may be filed against a decision on a request for revocation of an order for
confidentiality.
(4) A decision to revoke an order for confidentiality takes effect when it becomes final and conclusive.
(5) If any person is subject to an order for confidentiality to keep trade secret confidential, in addition to a
person who filed a request for revocation of an order for confidentiality or the counterparty, the court that
makes a decision to revoke the order for confidentiality shall notify the person immediately of the decision to
revoke the order for confidentiality.
 
Article 219 (Notification of Requests for Permission for Inspection of Trial Records) (1) If a
decision under Article 163 (1) of the Civil Procedure Act was rendered with respect to trial records concerning
a lawsuit in relation to which an order for confidentiality was issued (excluding lawsuits in which an order for
confidentiality has been revoked) and the party who has filed a request to permit the inspection of
confidential records defined under that paragraph is not a person subject to the order for confidentiality in
the relevant lawsuit, the court official of Grade IV, V, VI, or VII in charge (hereinafter referred to as “court
official”) shall notify the party who has filed the request under Article 163 (1) of the Civil Procedure Act
(excluding a person who filed a request for permission for inspection; the same shall also apply in paragraph
(3)) of the fact that the request for permission for inspection was filed immediately after such request.
(2) In cases falling under paragraph (1), no court official shall permit a person who has filed a request for
permission for inspection of confidential records under paragraph (1) to inspect such confidential records
before two weeks elapse from the filing date of the request under paragraph (1) (or before the date a
decision on the request to issue an order for confidentiality to a person who filed the request under
paragraph (1) becomes final and conclusive, if the request for the order for confidentiality was filed before
the date).
(3) Paragraph (2) shall not apply where a person who filed a request for permission for inspection under
paragraph (1) is permitted to inspect confidential records under paragraph (1) with consent of all the parties
who filed a request under Article 163 (1) of the Civil Procedure Act.
 
            CHAPTER XI PENALTY PROVISIONS
 
Article 220 (Infringements) (1) Any person who infringes upon a design right or an exclusive license shall
be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100법제처                                                            79                                                       국가법령정보센
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million won.
(2) A prosecution for a crime under paragraph (1) shall be instituted only if a criminal complaint thereof is
filed.
 
Article 221 (Perjury) (1) Any witness, expert witness, or interpreter who makes a false statement under oath
under this Act in his or her testimony, expert opinion, or interpretation before the Intellectual Property Trial
and Appeal Board shall be punished by imprisonment with labor for not more than five years or by a fine not
exceeding 50 million won. <Amended on Mar. 21, 2017>
(2) If a person who committed a crime provided in paragraph (1) surrenders himself or herself to justice
before a determination on whether to accept an application for design registration or a determination or
administrative ruling on a petition to oppose registration of a partially-examined design becomes final and
conclusive with respect to the relevant case, the sentence imposed upon him or her may be mitigated or
revoked.
 
Article 222 (Offense of False Indication) Any person who violates Article 215 shall be punished by
imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
<Amended on Mar. 21, 2017>
 
Article 223 (Offense of Fraud) Any person who obtains design registration or a trial decision by fraud or
other improper means shall be punished by imprisonment with labor for not more than three years or by a
fine not exceeding 30 million won. <Amended on Mar. 21, 2017>
 
Article 224 (Breach of Orders for Confidentiality) (1) Any person who breaches an order for
confidentiality issued under Article 217 (1), inside or outside the Republic of Korea, without valid cause shall
be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million
won.
(2) A prosecution for a crime under paragraph (1) shall be instituted only if a criminal complaint thereof is
filed by a person who has requested an order for confidentiality.
 
Article 225 (Offense of Divulging Secrets) (1) Any employee of the Korean Intellectual Property Office or
the Intellectual Property Trial and Appeal Board that divulges or misappropriates confidential information
which becomes known to him or her about a design claimed in a pending application for design registration
(including designs claimed in a pending application for international design registration, for which a request
for deferment has been filed under Article 11 of the Hague Agreement) in the course of performing his or
her duties shall be punished by imprisonment with labor for not more than five years or by a fine not법제처                                                            80                                                       국가법령정보센
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exceeding 50 million won.
(2) Any employee of the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal
Board that divulges confidential information which becomes known to him or her about a secret design
under Article 43 (1) in the course of performing his or her duties shall be punished by imprisonment with
labor for not more than five years or by a fine not exceeding 50 million won.
(3) Any person who divulges information acquired or known to him or her about a secret design by
photographing or photocopying it without permission in violation of Article 43 (5), while inspecting the
confidential information under Article 43 (4), (excluding persons specified in Article 43 (4) 4) shall be
punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
(4) Any person who divulges information acquired or known to him or her about a confidential copy by
photographing or photocopying it without permission in violation of Article 185 (2), while inspecting the
confidential copy under Article 185 (1), shall be punished by imprisonment with labor for not more than two
years or by a fine not exceeding 20 million won.
 
Article 226 (Legal Fiction as Public Official of Executive Officers and Employees of Specialized
Organizations) Any current or former employee or executive officer of a specialized organization referred
to in Article 59 (1) or an agency for the digitization of design documents under Article 208 shall be deemed
a current or former employee of the Korean Intellectual Property Office for the purposes of Article 225.
 
Article 227 (Joint Penalty Provisions) If the representative of a corporation or an agent, employee, or
other servant of the corporation or an individual commits an offence provided for in Articles 220 (1), 222, or
223 in connection with the business of the corporation or the individual, not only shall such offender be
punished, but also the corporation shall be punished by a fine prescribed in either of the following
subparagraph and the individual by a fine prescribed in the relevant Article: Provided, That the foregoing
shall not apply where such corporation or individual has not been negligent in giving due attention and
supervision concerning the relevant duties to prevent such offence:
1. For a violation of Article 220 (1): A fine not exceeding 300 million won;
2. For a violation of Article 222 or 223: A fine not exceeding 60 million won.
 
Article 228 (Confiscation) (1) Any article made by conduct that constitutes the infringement provided in
Article 220 (1) or any article obtained by such infringement shall be confiscated or ordered to be delivered to
the injured party upon the injured party’s request.
(2) If an injured party accepts an article delivered under paragraph (1), he or she may claim damages only for
the portion that exceeds the value of the article among the total amount of his or her damages.법제처                                                            81                                                       국가법령정보센
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Article 229 (Administrative Fines) (1) Any of the following persons shall be punished by an administrative
fine not exceeding 500,000 won:
1. A person who makes a false statement before the Intellectual Property Trial and Appeal Board under oath
taken under Article 299 (2) or 367 of the Civil Procedure Act, which shall apply mutatis mutandis pursuant 
to Article 145; 
2. A person ordered by the Intellectual Property Trial and Appeal Board to submit or present a document or
any other article in connection with the examination or preservation of evidence, but fails to comply with 
the order without valid cause; 
3. A person summoned by the Intellectual Property Trial and Appeal Board to appear as a witness, expert
witness, or interpreter, but fails to comply with the summons or refuses to take oath, make statements, 
give a testimony or expert opinion, or serve as an interpreter without valid cause. 
(2) Administrative fines provided in paragraph (1) shall be imposed and collected by the Commissioner of the
Korean Intellectual Property Office, as prescribed by Presidential Decree.