ENFORCEMENT DECREE OF THE INVENTION PROMOTION ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe the matters mandated by the Invention Promotion Act and matters necessary for the enforcement thereof.

Article 1-2(Industrial property rights service industry) #

"Business prescribed by Presidential Decree" in subparagraph 9 (e) of Article 2 of the Invention Promotion Act (hereinafter referred to as the "Act") means any of the following:

1. Business of providing education, counseling, advice or public relations services relating to industrial property rights;

2. Financial business relating to industrial property rights;

3. Research or statistical business relating to industrial property rights.

[This Article Added on Jan. 28, 2014]

Article 2(Business activities eligible for invention promotion subsidy) #

The Minister of Intellectual Property may grant a subsidy to promote inventions (hereinafter referred to as "subsidy") for any of the following business activities, pursuant to Article 4 (1) of the Act: <Amended on Jan. 28, 2014; Jun. 27, 2023; Oct. 1, 2025; Oct. 10, 2025>

1. Holding, and participating in, events designed to encourage inventions;

2. Conducting surveys and research to create, protect, and utilize inventions;

3. Facilitating the creation and utilization of inventions for each region;

3. Facilitating inventions by students, out-of-school youth (referring to out-of-school youth as defined in subparagraph 2 of Article 2 of the Act on the Support for Out-of-School Youth) and women;

5. Nurturing outstanding inventors;

6. Subsidizing expenses incurred in disputes over industrial property rights in Korea and abroad as well as expenses for overseas application filing and registration, in relation to inventions;

7. Assistance in pro bono patent legal services for the socially disadvantaged to facilitate their inventions;

8. Assistance in evaluating inventions, etc.;

9. Assistance in transacting and commercializing invention-related technologies and products.

[Title Amended on Jan. 28, 2014]

Article 3(Application for subsidy) #

(1) A person who intends to receive a subsidy pursuant to Article 2 shall submit an application for an invention promotion subsidy in Appendix 1, accompanied by the following documents, to the Minister of Intellectual Property; and in such cases, the Minister of Intellectual Property shall verify the applicant's corporation registration certificate (limited to corporations) by administrative data matching under Article 36 (1) of the Electronic Government Act: <Amended on Sep. 15, 2009; May 4, 2010; Jan. 6, 2012; Jan. 28, 2014; May 28, 2018; Oct. 1, 2025>

1. A business plan;

2. A budget statement of revenue and expenses;

3. A document verifying the applicant’s eligibility for an invention promotion subsidy referred to in any subparagraph of Article 4 (1) of the Act.

(2) If it is inevitable to conduct business affairs regarding payment of a subsidy, the Minister of Intellectual Property may process data containing resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, which are included in the documents submitted pursuant to paragraph (1). <Added on Jan. 6, 2012; Oct. 1, 2025>

Article 4(Decision on payment of subsidy) #

(1) Where the Minister of Intellectual Property determines to grant a subsidy in relation to the application referred to in Article 3, he or she shall issue a notice of the payment of a subsidy, attaching payment conditions thereto. <Amended on Oct. 1, 2025>

(2) Where a person who has received a notice of payment of a subsidy intends to make changes to the relevant business plan, he or she shall obtain prior approval from the Minister of Intellectual Property, attaching a statement of the grounds therefor and a budget statement to the changed business plan. <Amended on Oct. 1, 2025>

(3) To efficiently conduct the business activities referred to in the subparagraphs of Article 2, the Minister of Intellectual Property may pay a subsidy either in installments or in lump sum. <Amended on Oct. 1, 2025>

Article 5 #

Deleted. <Sep. 15, 2017>

Article 6 #

Deleted. <Sep. 15, 2017>

Article 6-2 #

Deleted. <Sep. 15, 2017>

Article 6-3 #

Deleted. <Sep. 15, 2017>

Article 6-4 #

Deleted. <Jun. 27, 2023>

Article 6-5 #

Deleted. <Jun. 27, 2023>

Article 6-6(Certification of outstanding companies in service invention compensation) #

(1) A company intending to be certified as an outstanding company in terms of service invention compensation under Article 11-2 (1) of the Act shall submit to the Minister of Intellectual Property an application for certification of an outstanding company in Appendix 2, accompanied by documents evidencing that the standards prescribed in the subparagraphs of paragraph (2) are fully satisfied. <Amended on Aug. 6, 2024; Oct. 1, 2025>

(2) The Minister of Intellectual Property shall certify the applicant as an outstanding company in service invention compensation under Article 11-2 (3) of the Act (hereinafter referred to as "outstanding company") if it satisfies all of the following standards: <Amended on Jul. 21, 2014; Aug. 6, 2024; Oct. 1, 2025>

1. It shall conclude or prepare a contract or employment regulations on compensation for service inventions and shall execute and comply with such contract or regulations; and in such cases, the contract or regulations shall include all of the following matters:

(a) Procedures for succeeding to rights to a service invention;

(b) Compensation procedures, including the criteria, etc. for determining the type and amount of compensation for a service invention;

(c) Raising of an objection, deliberation, mediation or arbitration, in connection with succession to rights to a service invention or compensation therefor;

2. It shall have a record of providing compensation (including non-monetary compensation) for any service invention within the past two years from the date an application was filed pursuant to paragraph (1);

3. It shall fall under either a small and medium enterprise defined in Article 2 of the Framework Act on Small and Medium Enterprises or a middle-standing enterprise defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;

4. It shall meet other standards prescribed and publicly notified by the Minister of Intellectual Property as necessary for verifying the certification of outstanding companies.

(3) Where the Minister of Intellectual Property certifies an outstanding company pursuant to paragraph (2), he or she shall issue an outstanding company certificate in Appendix 2-2 (hereinafter referred to as "outstanding company certificate"). <Amended on Aug. 6, 2024; Oct. 1, 2025>

Article 7(Notice period for succession) #

"Period prescribed by Presidential Decree" in the proviso of Article 13 (1) and the former part of Article 13 (2) of the Act respectively means a period of up to four months after receipt of the notice referred to in Article 12 of the Act.

[This Article Wholly Amended on Aug. 6, 2024]

Article 7-2(Scope of employees whose consultation or consent is required) #

(1) The scope of an employee, executive officer of a corporation, or public official (hereinafter referred to as "employee, etc.") whom the relevant employer, corporation, the State, or the competent local government (hereinafter referred to as "employer, etc.") is required to consult with or obtain consent from, pursuant to Article 15 (3) of the Act shall be as follows:

1. Consultation: A majority of the employees, etc. who will be subject to compensation regulations to be newly prepared or amended (including employees, etc. to whom compensation regulations have applied before the amendment);

2. Consent: A majority of the employees, etc. who are subject to compensation regulations to be amended to their detriment.

(2) An employer, etc. shall notify the relevant employees, etc. of the criteria for determining the type and amount of compensation, payment method, etc., 15 days before the date the newly prepared or amended compensation regulations apply (including compensation regulations amended to their detriment).

(3) When consulting or requesting consent pursuant to Article 15 (3) of the Act, an employer, etc. shall act in good faith.

[This Article Added on Jan. 28, 2014]

Article 7-3(Period of notification of waiver of inherited rights) #

(1) The head of a public research institute under subparagraph 6 of Article 2 of the Technology Transfer and Commercialization Promotion Act (hereinafter referred to as "public research institute") shall undergo deliberation by the deliberative committee on service inventions under Article 17 (1) of the Act, if he or she does not intend to transfer the right to a service invention an employee, etc. under the former part of Article 16-2 (2) of the Act.

(2) "Period prescribed by Presidential Decree" in Article 16-2 (3) of the Act means the period from the date a public research institute succeeds to the right to a service invention to the date six months have since passed; provided, where a public research institute files an application for a patent, utility model registration, or design registration (hereinafter referred to as "patent, etc.") for a service invention within the period under the main clause, it means the period from the date the public research institute succeeds to the right to a service invention until the date according to the following classification:

1. Where intending to waive a right to obtain a patent, etc. before filing an application in a country where no such application has been filed, for an invention identical to the patent for which an application has already been filed in another country, etc.; and if items (a) and (b) are both applicable, it shall be the date under item (b):

(a) Where the application is filed in an individual country: The date which is two months prior to the last day of the period of having priority under Article 4 of the Convention of Paris for the Protection of Industrial Property;

(b) Where an international application is filed pursuant to Article 3 of the Patent Cooperation Treaty: The date which is two months prior to the last day of the period during which copies and translations of international applications must be furnished to the elected Office pursuant to Article 39 (1) of that Convention;

2. Where intending to abandon a patent, etc., for which an application (including applications for rights not waived within the period under subparagraph 1) has been filed, before a decision as to whether to grant a patent or registration: The date an examination of the application commences; provided, in the case of applications for a patent or utility model registration, if the date which is two months prior to the last day of the period for filing a request for application examination under Article 59 of the Patent Act or Article 12 of the Utility Model Act (hereafter referred to as "base date" in this subparagraph) is earlier than the date under the main clause, it shall be the base date;

Article 7-4(Composition of deliberative committee on service inventions) #

(1) Where a deliberative committee on service inventions (hereinafter referred to as the "deliberative committee") is established pursuant to Article 17 (2) of the Act, a member representing employers, etc. (hereinafter referred to as "employer member") and a member representing employees, etc. (excluding any executive officer of a corporation; hereafter in this paragraph, the same shall apply) (hereinafter referred to as "employee member") shall meet the following requirements, as relevant:

1. An employer member: An employer, the representative of a corporation, or a person commissioned by the employer or by the representative of the corporation;

2. An employee member: A person elected by the relevant employees, etc. by direct, secret or unanimous ballot.

(2) Advisors referred to in Article 17 (2) and the latter part of Article 18 (3) of the Act shall be commissioned by agreement between employer members and employee members.

(3) The number of employer members and employee members of the deliberative committee referred to in Article 18 (3) of the Act shall be three or more, respectively; provided, the number may be one or more, respectively, if the number of employees working full time is less than 30.

(4) The deliberative committee shall have a chairperson, who is elected from among the employer members and employee members. In such cases, one employer member and one employee member may serve as co-chairperson.

[This Article Added on Jan. 28, 2014]

[Moved from Article 7-3; previous Article 7-4 moved to Article 7-5 <Oct. 19, 2021>]

Article 7-5(Operation of deliberative committee on service inventions) #

(1) The chairperson shall convene and preside over deliberative committee meetings; and shall notify each member of the time, venue, agenda items, etc. of a meeting and provide materials related to deliberation 15 days before the meeting is held.

(2) Where deemed necessary, the chairperson may have any person, other than members of the deliberative committee, attend its meeting to hear his or her opinion; provided, where an employee, etc. requests deliberation pursuant to Article 18 (1) of the Act, the employee's opinion shall be heard.

(3) A meeting of the deliberative committee shall be held with the attendance of a majority of employer members and employee members, respectively; and resolutions shall be adopted with the concurring votes of a majority of the members present (excluding advisors referred to in Article 17 (2) and the latter part of Article 18 (3) of the Act).

(4) Meetings of the deliberative committee shall be made public; provided, it may not be disclosed by resolution of the deliberative committee.

(5) The deliberative committee shall prepare and keep minutes of its meetings for three years from the dates the respective meetings are held; provided, if it is impracticable to keep the minutes due to the termination, etc. of activities of the deliberative committee, the relevant employer or the representative of the relevant corporation shall keep the minutes.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the operation, etc. of the deliberative committee shall be determined by the chairperson by resolution of the deliberative committee.

[This Article Added on Jan. 28, 2014]

[Moved from Article 7-4; previous Article 7-5 moved to Article 7-6 <Oct. 19, 2021>]

Article 7-6(Dispatch of advisors) #

(1) An employer, etc., who requests the Minister of Intellectual Property to second an advisor pursuant to Article 18 (5) of the Act shall submit to the Minister of Intellectual Property a written request stating the purposes of and grounds for such secondment. <Amended on Oct. 1, 2025>

(2) Where an employer, etc. who has submitted a request under paragraph (1) is not a small or medium enterprise defined in Article 2 of the Framework Act on Small and Medium Enterprises, the Minister of Intellectual Property may not second an advisor. <Amended on Oct. 1, 2025>

(3) The Minister of Intellectual Property shall determine whether to second an advisor and notify the relevant employer, etc. of his or her determination, within 15 days after receipt of the request referred to in paragraph (1). <Amended on Oct. 1, 2025>

(4) Except as provided in paragraphs (1) through (3), matters necessary for the secondment of an advisor shall be prescribed and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

[Moved from Article 7-5 <Oct. 19, 2021>]

Article 8 #

Deleted. <Aug. 6, 2024>

Article 8-2 #

Deleted. <Aug. 6, 2024>

Article 8-3 #

Deleted. <Aug. 6, 2024>

Article 8-4 #

Deleted. <Aug. 2, 2022>

Article 8-5(Fact-finding surveys on industrial property rights-related activities) #

(1) A fact-finding survey referred to in Article 20-6 (1) of the Act shall include the following matters related to universities, research institutes, enterprises, etc.: <Amended on Oct. 1, 2025>

1. Infrastructure for intellectual property activities;

2. Patent-based intellectual property activities;

3. Creation and utilization of intellectual property;

4. Protection of intellectual property;

5. Infringement of, and disputes over, intellectual property;

6. Any other matters deemed by the Minister of Intellectual Property necessary to ascertain the status of overall intellectual property activities which relate to industrial property rights and trade secrets defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as "trade secret").

(2) Where the Minister of Intellectual Property conducts a fact-finding survey under Article 20-6 (1) of the Act, he or she shall determine the standards for selecting survey respondents, and pre-notify them of a survey plan including the purposes and details of the survey, deadline for responses, etc. <Amended on Oct. 1, 2025>

(3) To efficiently conduct a fact-finding survey referred to in Article 20-6 (1) of the Act, the Minister of Intellectual Property may use information and communications networks, e-mails, or other electronic means. <Amended on Oct. 1, 2025>

(4) "Institution or organization prescribed by Presidential Decree" in Article 20-6 (2) of the Act means any of the following institutions or organizations: <Amended on Jun. 27, 2023; Oct. 1, 2025>

1. Korea Institute of Intellectual Property referred to in Article 51 of the Act (hereinafter referred to as "Korea Institute of Intellectual Property");

2. Any institution or organization deemed by the Minister of Intellectual Property to have expertise in research on intellectual property.

[This Article Wholly Amended on Nov. 18, 2015]

Article 8-6 #

Deleted. <Aug. 6, 2024>

Article 8-7(Business activities of regional intellectual property centers) #

A regional intellectual property center referred to in Article 23 (1) of the Act may engage in the business activities specified in Article 23 (2) of the Act, in association or cooperation with a specialized agency designated pursuant to Article 16-4 (3) of the Framework Act on Science and Technology. <Amended on Jun. 21, 2016>

[This Article Added on Apr. 28, 2016]

[Moved from Article 8-6 <Jun. 2, 2017>]

Article 9(Standards for registration of regional intellectual property centers) #

(1) A person who intends to file for registration of a regional intellectual property center pursuant to Article 23 (3) of the Act shall submit to the Minister of Intellectual Property an application, including the following documents (including electronic documents); and in such cases, the Minister of Intellectual Property shall verify the applicant's corporation registration certificate (limited to corporations) or business registration certificate (referring to one with a resident registration number omitted; hereinafter the same shall apply) by administrative data matching under Article 36 (1) of the Electronic Government Act; and where the applicant does not consent to the verification of such business registration certificate, he or she shall have the relevant document attached to the application: <Amended on Sep. 15, 2009; May 4, 2010; Dec. 9, 2014; Nov. 18, 2015; May 28, 2018; Apr. 23, 2024; Oct. 1, 2025>

1. A business plan;

2. Plans to raise and manage funds; and the status of the industries, research institutes, and educational institutions in the relevant region to which the regional intellectual property center will provide information;

3. The status of professional human resources and facilities in place.

(2) A person intending to be registered as a regional intellectual property center shall satisfy the requirements specified in Appendix 5, pursuant to Article 23 (4) of the Act. <Amended on Jan. 28, 2014>

(3) Upon registration of a regional intellectual property center, the Minister of Intellectual Property shall publicly notify such registration. <Amended on Oct. 1, 2025>

Article 9-2(Evaluation of regional intellectual property centers) #

(1) The Minister of Intellectual Property shall publish guidelines for evaluation referred to in Article 23 (10) of the Act on the website of each regional intellectual property center. The same shall also apply to any amendment to such guidelines. <Amended on Oct. 1, 2025>

(2) The head of a regional intellectual property center shall submit documents required for the evaluation referred to in Article 23 (10) of the Act to the Minister of Intellectual Property, by January 31 of the year following the year subject to evaluation. <Amended on Oct. 1, 2025>

(3) The Minister of Intellectual Property shall notify the head of the relevant regional intellectual property center of evaluation results, within one month after completion of such evaluation. <Amended on Oct. 1, 2025>

(4) Detailed standards for the evaluation guidelines referred to in paragraph (1) shall be prescribed and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

[Previous Article 9-2 moved to Article 9-4 <Jan. 28, 2014>]

Article 9-3(Criteria for administrative dispositions against regional intellectual property centers) #

(1) The criteria for taking administrative dispositions against regional intellectual property centers under Article 24 (1) of the Act shall be as specified in Appendix 6.

(2) Where the Minister of Intellectual Property cancels the registration of a regional intellectual property center or suspends its business pursuant to Article 24 (1) of the Act, he or she shall publish such fact on the website of the Ministry of Intellectual Property without delay. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

[Previous Article 9-3 moved to Article 9-5 <Jan. 28, 2014>]

Article 9-4(Criteria for intellectual property management certification for small and medium enterprises) #

(1) A small or medium enterprise intending to obtain intellectual property management certification under Article 24-2 (1) of the Act (hereinafter referred to as "certification") shall meet the certification criteria determined and publicly notified by the Minister of Intellectual Property in relation to points allocated to the following examination items: <Amended on Oct. 1, 2025>

1. Whether it has in place an organization and human resources in charge of intellectual property;

2. Introduction and operation of the service invention system;

3. The ratio of domestic and foreign industrial property rights applications per employee;

4. The number of industrial property rights owned in Korea and abroad;

5. Any other examination items determined and publicly notified by the Minister of Intellectual Property, which are necessary to verify the creation, protection, and promotion of utilization, of industrial property rights.

(2) A small or medium enterprise intending to obtain certification pursuant to Article 24-2 (1) of the Act shall submit an application for intellectual property management certification for small and medium enterprises in Appendix 3-2, accompanied by the following documents, to the Minister of Intellectual Property, via a certifying agency: <Amended on Jul. 1, 2025; Oct. 1, 2025>

1. A document verifying that it is a small or medium enterprise;

2. Financial statements for the last three years;

3. A document verifying that the enterprise has in place an organization and human resources in charge of intellectual property;

4. A document verifying that the enterprise has applied for, or owns, industrial property rights in Korea and abroad;

5. Any other documents verifying activities to create, protect, or utilize industrial property rights, which are prescribed and publicly notified by the Minister of Intellectual Property.

(3) Where the Minister of Intellectual Property finds that the relevant enterprise meets the certification criteria referred to in paragraph (1), upon examination of an application submitted pursuant to paragraph (2), he or she shall issue the applicant an intellectual property management certificate for small and medium enterprises in Appendix 3-3 (hereinafter referred to as "certificate") via a certifying agency. <Amended on Jul. 1, 2025; Oct. 1, 2025>

Article 9-5(Validity period of certification) #

(1) The validity period of certification shall be four years from the date of such certification. <Amended on Dec. 19, 2023>

(2) A person who intends to have the validity period for certification extended shall apply for renewal of the validity period with the Minister of Intellectual Property via a certifying agency, by submitting an application for intellectual property management certification for small and medium enterprises in Appendix 3-2 accompanied by the documents specified in the subparagraphs of Article 9-4 (2), from 60 to 30 days before the expiration of the validity period. <Amended on Jul. 1, 2025; Oct. 1, 2025>

(3) The Minister of Intellectual Property shall pre-inform the person who has obtained certification of the procedures for renewal of certification referred to in paragraph (2), 60 days before the expiration of the validity period for certification referred to in paragraph (1). <Amended on Oct. 1, 2025>

(4) Notice referred to in paragraph (3) may be given by mobile phone text message, e-mail, facsimile, telephone, document, or other means.

(5) Where the Minister of Intellectual Property renews the validity period for certification, he or she shall issue a certificate via a certifying agency. <Amended on Jul. 1, 2025; Oct. 1, 2025>

[This Article Added on Apr. 28, 2016]

[Previous Article 9-5 moved to Article 9-10 <Apr. 28, 2016>]

Article 9-6(Expenses for certification) #

Expenses required for certification referred to in Article 24-2 (6) of the Act shall be prescribed and publicly notified by the Minister of Intellectual Property according to the following classifications: <Amended on Oct. 1, 2025>

1. Personnel expenses incurred in examination for certification;

2. Expenses associated with business trips for examination for certification.

[This Article Added on Apr. 28, 2016]

[Previous Article 9-6 moved to Article 9-11 <Apr. 28, 2016>]

Article 9-7(Certification mark) #

The certification mark referred to in Article 24-2 (7) of the Act shall be as specified in Appendix 6-2.

[This Article Added on Apr. 28, 2016]

[Previous Article 9-7 moved to Article 9-12 <Apr. 28, 2016>]

Article 9-8(Designation of certifying agency) #

(1) To facilitate certification-related affairs pursuant to Article 24-2 (7) of the Act, the Minister of Intellectual Property may designate a non-profit institution that satisfies all of the following requirements as a certifying agency: <Amended on Oct. 1, 2025>

1. It shall have expertise in the field of intellectual property management for small and medium enterprises;

2. It shall have in place human resources dedicated to certification affairs;

3. It shall have in place an educational system for human resources to take charge of examination for certification.

(2) A certifying agency may assist the Minister of Intellectual Property in the conduct of examinations for certification under Article 24-2 (3) of the Act. <Added on Jul. 1, 2025; Oct. 1, 2025>

(3) Once the Minister of Intellectual Property has designated a certifying agency under paragraph (1), he or she shall give public notice thereof and post it on the website. <Amended on Jul. 1, 2025; Oct. 1, 2025>

[This Article Added on Apr. 28, 2016]

[Previous Article 9-8 moved to Article 9-13 <Apr. 28, 2016>]

Article 9-9(Business of patent counseling center of public patent attorneys) #

(1) The scope of documentation support referred to in Article 26-2 (2) 1 of the Act, among business conducted by the patent counseling center of public patent attorneys established pursuant to Article 26-2 (1) of the Act (hereinafter referred to as "counseling center") shall be as follows: <Amended on Jun. 2, 2017>

1. Assistance in preparing a specification, argument, and amendment in connection with patent or utility model applications;

2. Assistance in preparing drawings, argument, and amendment in connection with design applications;

3. Assistance in preparing an argument, amendment, and response to an objection in connection with trademark applications;

4. Assistance in preparing a petition for trial, argument, and amendment in connection with a trial on an appeal against a decision rejecting the relevant application;

5. Assisting a patentee or utility model right holder in documentation, such as an argument, a request for correction, in connection with an application for cancellation of a patent or an application for cancellation of utility model registration.

(2) The scope of business conducted by the counseling center as an agent under Article 26-2 (2) 2 of the Act, among its business, shall be as follows: <Amended on Nov. 18, 2015; Jun. 2, 2017>

1. Acting as an agent for a patentee or utility model right holder in connection with a trial to confirm the scope of rights, a trial for invalidation trial, and a trial for correction;

2. Acting as an agent for a trademark right holder or design right holder in connection with a trial for invalidation;

3. Acting as an agent for a trademark right holder in connection with a trial to cancel trademark registration;

4. Acting as an agent in connection with a trial to confirm the scope of trade mark rights or design rights;

5. Acting as an agent in connection with a lawsuit seeking revocation of a trial ruling under subparagraphs 1 through 4.

(3) "Business prescribed by Presidential Decree that conforms to the purpose of operating the counseling center" in Article 26-2 (2) 6 of the Act means the following: <Amended on Nov. 18, 2015; Jul. 1, 2025>

1. Consulting on the prevention of an act of unfair competition and infringement of a trade secret under the Unfair Competition Prevention and Trade Secret Protection Act (hereafter in this paragraph referred to as "act of unfair competition, etc.");

Article 9-10(Persons eligible for support by counseling center) #

"Person prescribed by Presidential Decree" in Article 26-2 (3) 6 of the Act means the following persons: <Amended on Jun. 21, 2012; Dec. 21, 2012; Dec. 4, 2013; Jan. 28, 2014; Nov. 18, 2015; Apr. 28, 2016; Jun. 21, 2016; May 28, 2018; Apr. 6, 2021; Jun. 28, 2022; Oct. 1, 2025>

1. A person between the ages of 6 and 19 years;

2. A medium enterprise defined in Article 2 (2) of the Framework Act on Small and Medium Enterprises, which is in a dispute over industrial property rights with a conglomerate (referring to an enterprise, other than small and medium enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises); provided, documentation support referred to in Article 9-9 (1) shall be excluded herefrom;

3. A person of distinguished service to the May 18 Democratization Movement referred to in Article 4 the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations, and his or her bereaved family or family referred to in Article 5 of that Act;

4. A patient suffering from actual aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants referred to in Article 3 of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations;

5. A person of distinguished service during a special military mission referred to in Article 3 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations, and his or her bereaved family or family referred to in Article 4 of that Act;

6. A person who serves as a soldier or a social work personnel member referred to in Article 5 (1) 1 or 3 of the Military Service Act, or is seconded under Article 24 or 25 of that Act;

7. A person of distinguished service to national independence registered pursuant to Article 6 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, and his or her bereaved family or family;

8. A war veteran registered pursuant to Article 5 of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations;

8-2. A multicultural family defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act;

Article 9-11(Entrusted operation of counseling center) #

"Corporation or organization prescribed by Presidential Decree, which has expertise in the field of industrial property rights" in Article 26-2 (5) of the Act means the following corporations or organizations: <Amended on Jun. 2, 2017; Aug. 5, 2020; Jun. 27, 2023; Oct. 1, 2025>

1. The Korea Invention Promotion Association under Article 52 of the Act (hereinafter referred to as the "Korea Invention Promotion Association");

2. The Korea Intellectual Property Protection Agency under Article 55-2 of the Act (hereinafter referred to as the "Korea Intellectual Property Protection Agency");

3. Any other corporation or organization which meets the standards for expertise in industrial property rights prescribed and publicly notified by the Minister of Intellectual Property.

[This Article Added on Dec. 7, 2010]

[Moved from Article 9-6 <Apr. 28, 2016>]

Article 9-12(Composition and operation of counseling center) #

(1) The counseling center shall have one director.

(2) The director of the counseling center shall represent the counseling center and exercise overall control over its affairs.

(3) The director of the counseling center shall be either a patent attorney under the Patent Attorney Act who has at least five years' work experience or a person qualified as a patent attorney who has served as a Grade IV or higher-ranked public official at the Ministry of Intellectual Property. <Amended on Oct. 1, 2025>

(4) The director of the counseling center shall formulate a business plan each year and handle administrative affairs in compliance with the relevant regulations.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the counseling center shall be prescribed and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Dec. 7, 2010]

[Moved from Article 9-7 <Apr. 28, 2016>]

Article 9-13(Business support procedures) #

(1) A person who intends to receive support for business referred to in Article 26-2 (2) of the Act shall file with the counseling center an application for support, accompanied by the following documents:

1. A document verifying that he or she falls under any subparagraph of Article 26-2 (3) of the Act;

2. A document describing the details of the relevant invention, if business is related to the invention;

3. Any other document verifying his or her claims.

(2) Upon receipt of an application under paragraph (1), the director of the counseling center shall determine whether to provide support, taking into account of the likelihood of registration, need for support, prospect of winning, etc.

(3) Except as provided in paragraphs (1) and (2), matters necessary for support by the counseling center shall be prescribed and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Dec. 7, 2010]

[Moved from Article 9-8 <Apr. 28, 2016>]

Article 10(Use of contributions) #

(1) Where the Korea Industrial Property Business Support Center under Article 34 of the Act (hereinafter referred to as the "Business Support Center") receives Government contributions pursuant to Article 34 (3) of the Act, it shall use the contributions only for expenses incurred in arrangement and brokerage of those falling under the items of subparagraph 11 of Article 2 of the Act, as determined by the Minister of Intellectual Property. <Amended on Nov. 18, 2015; Aug. 2, 2022; Jun. 27, 2023; Oct. 1, 2025>

(2) Upon receipt of contributions under paragraph (1), the Business Support Center shall establish a separate account to manage the contributions. <Amended on Nov. 18, 2015; Aug. 2, 2022; Jun. 27, 2023>

(3) The Business Support Center shall prepare results of appropriation of the expenses referred to in paragraph (1) as determined by the Minister of Intellectual Property, and shall report the results to the Minister of Intellectual Property by the end of March of the following year. <Amended on Nov. 18, 2015; Aug. 2, 2022; Jun. 27, 2023; Oct. 1, 2025>

Article 11(Reducing application or registration expenses) #

(1) When taking measures to reduce expenses for filing applications or filing for registration pursuant to Article 27 (1) of the Act, the Minister of Intellectual Property shall comply with the Prime Ministerial Decree which stipulates patent fees, registration fees, and other fees under the Patent Act, the Utility Model Act, the Design Protection Act, and the Trademark Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) "Small enterprises not bigger than the size prescribed by Presidential Decree" in Article 27 (2) of the Act means small enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises.

Article 12(Designation of evaluation institute) #

(1) referred to as "evaluation institute") pursuant to Article 28 (1) of the Act shall submit an application for designation of an evaluation institute in Appendix 3-5, to the Minister of Intellectual Property, including materials (including electronic documents) verifying the matters specified in the subparagraphs of paragraph (2) and a business plan. In such cases, the Minister of Intellectual Property shall verify the applicant's corporation registration certificate (limited to corporations) or business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; and where the applicant does not consent to the verification of such business registration certificate, the applicant shall have the relevant document attached to the application. <Amended on Sep. 15, 2009; May 4, 2010; May 28, 2018; Jun. 27, 2023; Apr. 23, 2024; Oct. 1, 2025>

(2) A person intending to be designated as an evaluation institute pursuant to Article 28 (1) of the Act shall meet all of the following requirements: <Amended on May 28, 2018; Oct. 19, 2021; Jun. 27, 2023>

1. All of the following professionals capable of evaluating inventions, etc. shall be employed full-time:

(a) A patent attorney, an accountant, a professional engineer or a person holding a doctoral degree in the relevant field: At least two persons;

(b) A person engaged in the field related to evaluating inventions, etc. for at least three years: At least three persons;

2. An organization dedicated to evaluating inventions, etc. shall be in place;

3. Facilities, equipment, etc. necessary for evaluating inventions, etc. shall be furnished.

(3) Where the Minister of Intellectual Property designates an evaluation institute, he or she shall publicly notify such designation. <Amended on Oct. 1, 2025>

(4) Where the Minister of Intellectual Property consults with the head of an evaluation institute over evaluation fees pursuant to Article 28 (5) 2 of the Act, they shall take into account the subject matters of evaluation of inventions, etc., the scope and period thereof, and other matters. <Amended on Jun. 27, 2023; Oct. 1, 2025>

(5) No evaluation institute shall publicly disclose evaluation results without consent from a person who has requested an evaluation pursuant to Article 28 (3) of the Act; provided, evaluation results may be disclosed after consultation with the Minister of Intellectual Property, if necessary for the public interests. <Amended on Jun. 27, 2023; Oct. 1, 2025>

Article 13(Matters necessary for evaluation of inventions) #

"Matters prescribed by Presidential Decree" in Article 29 (1) 7 of the Act means the following matters: <Amended on Jun. 27, 2023; Oct. 1, 2025>

1. Development and dissemination of techniques to evaluate inventions, etc.;

2. Development and dissemination of teaching materials relating to the evaluation of inventions, etc.;

3. Holding academic conferences on the evaluation of inventions, etc. in Korea and abroad;

4. Deleted; <Jun. 27, 2023>

5. Other matters deemed by the Minister of Intellectual Property to be necessary to establish a foundation for the evaluation of inventions, etc.

[Title Amended on Jun. 27, 2023]

Article 14(Criteria for administrative dispositions against evaluation institutes) #

(1) The criteria for taking administrative dispositions against evaluation institutes under Article 31 (1) of the Act shall be as specified in Appendix 7.

(2) Where the Minister of Intellectual Property revokes the designation of an evaluation institute or suspends its business pursuant to Article 31 (1) of the Act, he or she shall publish such fact on the website of the Ministry of Intellectual Property without delay. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

Article 14-2(Criteria for evaluations of inventions) #

(1) Criteria for evaluations of inventions, etc. under Article 31-2 (1) of the Act (hereinafter referred to as "evaluation criteria") shall be as follows:

1. Usefulness and competitiveness of technology and trademarks related to inventions, etc. falling under any subparagraph of Article 34 (1) of the Act;

2. Degree of the protection of rights;

3. Possibility of commercialization and marketability;

4. Economic feasibility of the business;

5. Other matters necessary to ensure the fairness, objectivity, and reliability in the evaluation of inventions, etc.

(2) Details regarding the evaluation criteria under paragraph (1) shall be determined and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Jun. 27, 2023]

Article 14-3(Development and dissemination of techniques for evaluations of inventions) #

(1) The Minister of Intellectual Property may perform the following business to develop and disseminate techniques for evaluating inventions, etc. (hereinafter referred to as "evaluation techniques") pursuant to Article 31-3 (1) of the Act: <Amended on Oct. 1, 2025>

1. Surveys and research related to the development and dissemination of evaluation techniques;

2. Development and dissemination of database utilized for evaluation techniques;

3. Development and dissemination of guidelines and manuals on evaluation techniques;

4. Other matters deemed necessary by the Minister of Intellectual Property to develop and disseminate evaluation techniques.

(2) The Minister of Intellectual Property may perform the following business to facilitate the utilization of evaluation techniques under Article 31-3 (2) of the Act: <Amended on Oct. 1, 2025>

1. Research and development of an evaluation model and evaluation systems utilizing evaluation techniques;

2. Education and publicity on evaluation techniques;

3. Other matters deemed necessary by the Minister of Intellectual Property to facilitate the utilization of evaluation techniques.

[This Article Added on Jun. 27, 2023]

Article 14-4(Study on evaluations of inventions) #

(1) "Public organization prescribed by Presidential Decree" in Article 31-4 (1) 1 of the Act means a local government-directly operated enterprise under Article 5 of the Local Public Enterprises Act, a local government-invested public corporation under Article 49 (1) of that Act, or a local public agency under Article 76 (1) of that Act.

(2) "Interested person prescribed by Presidential Decree" in Article 31-4 (1) 2 of the Act means the following persons:

1. A person who requests the evaluation of an invention, etc.;

2. A person to whom the results of evaluation of the relevant invention, etc. are to be provided under any statute, regulation, or contract.

(3) Where the Minister of Intellectual Property commences a feasibility study under Article 31-4 (1) of the Act (hereinafter referred to as "feasibility study"), he or she shall notify the following matters to the relevant evaluation institute, a person who requests an evaluation of the relevant invention, etc., and a person who requests a feasibility study within 10 days from the commencement date: <Amended on Oct. 1, 2025>

1. Grounds for conducting the feasibility study;

2. The fact that opinions on the feasibility study may be submitted, and the course of action where opinions are not submitted;

3. An address and contact information of an evaluation management center under Article 31-6 of the Act (hereinafter referred to as "evaluation management center") which conducts affairs related to feasibility study;

4. Other matters deemed necessary by the Minister of Intellectual Property for conducting the feasibility study.

(4) A person notified under paragraph (3) may submit his or her opinions to the Minister of Intellectual Property within 10 days from the date of receipt of such notice. <Amended on Oct. 1, 2025>

(5) Upon completion of the feasibility study, the Minister of Intellectual Property shall, without delay, notify the relevant evaluation institute, the person who requests an evaluation of the relevant invention, etc., and the person who requests the feasibility study of the results thereof. <Amended on Oct. 1, 2025>

(6) "Ground prescribed by Presidential Decree" in Article 31-4 (3) of the Act means any of the following cases: <Amended on Oct. 1, 2025>

1. Where it is necessary for investigating a crime and instituting and maintaining a public prosecution;

Article 14-5(Establishment and operation of evaluation information system) #

(1) Pursuant to the main clause of Article 31-5 (2) of the Act, an evaluation institute shall submit a report on the results of evaluation of an invention, etc. and related data by electronically registering them in the evaluation information system under Article 31-5 (1) of the Act (hereinafter referred to as "evaluation information system") within 30 days from the date of issuance of such evaluation report.

(2) The Minister of Intellectual Property may request an evaluation institute to supplement the written results of evaluation and related data registered in the evaluation information system. In such cases, the evaluation institute upon receipt of the request shall register the supplemented written results of evaluation and related data in the evaluation information system within 20 days from the date of receiving such request. <Amended on Oct. 1, 2025>

(3) "Where there exists any good reason prescribed by Presidential Decree, such as the protection of personal information" in the proviso of Article 31-5 (2) of the Act means any of the following:

1. Personal information that requires protection under Article 3 of the Personal Information Protection Act

2. Information, the submission or sharing of which is prohibited by other statutes or regulations, or by a judicial decision;

3. Information likely to infringe on the legitimate interests of a third party.

(4) "Ground prescribed by Presidential Decree, such as a feasibility study and a sample survey" in Article 31-5 (3) of the Act means the following: <Amended on Oct. 1, 2025>

1. A feasibility study;

2. A sample survey;

3. Designation of an evaluation institute under Article 28 (1) of the Act;

4. Revocation of designation of an evaluation institute, or suspension of its business under Article 31 (1) of the Act;

5. Submission of an evaluation report and related data under Article 31-5 (2) of the Act;

6. Other matters deemed necessary by the Minister of Intellectual Property for managing the evaluations of inventions, etc.

(5) The detailed procedures for registering and verifying information in the evaluation information system and other matters shall be determined and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

Article 14-6(Evaluation management center) #

(1) An institution or organization that establishes an evaluation management center pursuant to Article 31-6 (1) of the Act shall be the following institutions or organizations that are publicly notified by the Minister of Intellectual Property: <Amended on Oct. 1, 2025>

1. The Korea Institute of Intellectual Property;

2. The Korea Invention Promotion Association;

3. Other institutions or organizations deemed by the Minister of Intellectual Property as having professional human resources and a dedicated organization necessary for conducting business affairs regarding research, management, etc. of evaluations of inventions, etc.

(2) An evaluation management center shall be headed by a director, who shall be appointed as prescribed by the articles of incorporation of the institution or organization that has established the evaluation management center.

(3) An institution or organization that has established an evaluation management center shall report the business performance of the evaluation management center to the Minister of Intellectual Property by the end of March of the following year. <Amended on Oct. 1, 2025>

(4) "Business affairs prescribed by Presidential Decree" in Article 31-6 (2) 6 of the Act means the following: <Amended on Oct. 1, 2025>

1. Research and analysis of the demand for evaluation of inventions, etc.;

2. Joint utilization and dissemination of information on the evaluation of inventions, etc.;

3. Training of professional human resources related to the evaluation of inventions, etc.;

4. Other matters deemed necessary by the Minister of Intellectual Property for managing the evaluation of inventions, etc.

[This Article Added on Jun. 27, 2023]

Article 15(Method of purchasing secured industrial property rights) #

(1) The purchase of secured industrial property rights under Article 32-2 (1) of the Act (hereinafter referred to as "secured industrial property rights") shall be made in a manner in which an agreement is concluded between a financial company, etc. under that paragraph (hereinafter referred to as "financial company, etc.") and an institution or organization under Article 32-3 (1) of the Act (hereinafter referred to as "responsible institution").

(2) The purchase price of secured industrial property rights shall be determined based on the results of an evaluation of the technical and business feasibility of the secured industrial property rights conducted by an evaluation institution, with losses and business budget of the financial company, etc. also being considered.

(3) Except as provided in paragraphs (1) and (2), matters necessary for the purchase of secured industrial property rights shall be determined and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Oct. 24, 2019]

Article 16(Financial resources for program of purchasing and using secured industrial property rights) #

"Financial resources prescribed by Presidential Decree" in Article 32-3 (2) 4 of the Act means interest income from the contributions from financial companies, etc. and from the Government and the proceeds from transactions of secured industrial property rights.

[This Article Added on Oct. 24, 2019]

Article 17(Management of operating funds for program of purchasing and using secured industrial property rights) #

(1) The responsible institution and the specialized agency under Article 32-3 (3) of the Act (hereinafter referred to as "specialized agency") shall set up a separate account to manage funds for operating the program of purchasing and using secured industrial property rights.

(2) In order to efficiently promote the purchase and utilization of secured industrial property rights, the Minister of Intellectual Property may supervise the responsible institution in terms of the following: <Amended on Oct. 1, 2025>

1. Matters regarding the plans for the program of purchasing and utilizing secured industrial property rights and management of funds;

2. Matters regarding the selection and management of a specialized agency;

3. Other matters regarding the implementation of the program of purchasing and utilizing secured industrial property rights.

(3) The Minister of Intellectual Property shall determine and publicly notify the matters necessary for the criteria, procedures, etc. for selecting a specialized agency. <Amended on Oct. 1, 2025>

[This Article Added on Oct. 24, 2019]

Article 18(Business support center) #

(1) An institution or organization that establishes the Business Support Center pursuant to Article 34 (1) of the Act shall be an institution or organization publicly notified by the Minister of Intellectual Property, among the following: <Amended on Apr. 30, 2009; Jul. 26, 2010; Jun. 27, 2023; Oct. 1, 2025>

1. The Korea Invention Promotion Association;

2. The Korea Institute for Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act;

3. Any of the following institutions or organizations:

(a) A regional intellectual property center registered pursuant to Article 23 (3) of the Act;

(b) An evaluation institute designated pursuant to Article 28 (1) of the Act;

(c) A technology trading agency designated pursuant to Article 10 (1) of the Technology Transfer and Commercialization Promotion Act.

(2) The Business Support Center shall have one director, who shall be determined by the articles of incorporation of an institution or organization that has established the Business Support Center, among executive officers of such institution or organization. <Amended on Jun. 27, 2023>

(3) An institution or organization that has established the Business Support Center shall report the performance of the Business Support Center to the Minister of Intellectual Property by the end of March of the following year. <Amended on Jun. 27, 2023; Oct. 1, 2025>

(4) Except as provided in paragraphs (2) and (3), the composition and operation of the Business Support Center and other necessary matters shall be prescribed by the articles of incorporation of an institution or organization that has established the Business Support Center. <Amended on Jun. 27, 2023>

[Title Amended on Jun. 27, 2023]

Article 19 #

Deleted. <Aug. 6, 2024>

Article 19-2 #

Deleted. <Aug. 6, 2024>

Article 19-3(Recognition of public interest of inventions) #

(1) A person intending to have the public interest of an invention recognized in order to receive publicity support under Article 39-2 (2) of the Act shall file with the Minister of Intellectual Property an application, accompanied by the following documents: <Amended on Oct. 1, 2025>

1. A description of the patent technology;

2. A patent technology commercialization plan or the performance in patent technology commercialization;

3. Any other documents verifying that the relevant invention advances public interests, such as preventing criminal harms and enhancing occupational safety.

(2) Upon receipt of an application under paragraph (1), the Minister of Intellectual Property shall examine whether to recognize the public interests of the relevant invention to support publicity therefor, and notify the relevant applicant of the results of the examination within five months from the date of application. <Amended on Oct. 1, 2025>

(3) Except as provided in paragraphs (1) and (2), matters necessary for recognizing the public interests of inventions to support publicity therefor shall be determined and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Jun. 2, 2017]

[Previous Article 19-3 moved to Article 19-4 <Jun. 2, 2017>]

Article 19-4(Establishment and implementation of fostering policies) #

(1) Where the Minister of Intellectual Property formulates polices necessary to foster the industrial property rights service industry (hereinafter referred to as "fostering policies") pursuant to Article 40-2 (1) of the Act, he or she shall notify the heads of relevant central administrative agencies of the details thereof. <Amended on Oct. 1, 2025>

(2) Where necessary for the formulation and implementation of fostering policies, the Minister of Intellectual Property may request the heads of relevant central administrative agencies to provide cooperation. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

[Moved from Article 19-3; previous Article 19-4 moved to Article 19-5 <Jun. 2, 2017>]

Article 19-5(Criteria for designating specialized institution for industrial property rights service) #

(1) The Minister of Intellectual Property may designate an institution or organization satisfying all of the following requirements as a specialized institution or organization which conducts, on his or her behalf, business affairs for enhancing the competitiveness of the industrial property rights service industry under Article 40-3 (2) of the Act (hereinafter referred to as "specialized institution for services"): <Amended on Oct. 1, 2025>

1. Deleted; <Dec. 30, 2016>

2. It shall have at least two dedicated staff members, who have engaged in the business affairs listed in the subparagraphs of Article 40-3 (1) of the Act or have similar experiences;

3. Deleted; <Dec. 30, 2016>

4. It shall have a security system for facilities, equipment, etc. related to the businesses listed in the subparagraphs of Article 40-3 (1) of the Act.

(2) A person intending to be designated as a specialized institution for services shall submit to the Minister of Intellectual Property an application for designation as a specialized institution for services in Appendix 4, including a document verifying that the requirements specified in the subparagraphs of paragraph (1) are satisfied. <Amended on Oct. 1, 2025>

(3) Upon receipt of documents submitted under paragraph (2), the Minister of Intellectual Property shall issue a certificate of designation of a specialized institution for services in Appendix 5, if the relevant person is deemed eligible to be designated as a specialized institution for services. In such cases, the Minister of Intellectual Property shall publish the designation of the specialized institution for services on the website of the Ministry of Intellectual Property without delay. <Amended on Oct. 1, 2025>

(4) Detailed standards for dedicated human resources and the security system under the subparagraphs of paragraph (1) and any other matters necessary for the designation and operation of a specialized institution for services shall be determined and publicly notified by the Minister of Intellectual Property. <Amended on Dec. 30, 2016; Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

[Moved from Article 19-4; previous Article 19-5 moved to Article 19-6 <Jun. 2, 2017>]

Article 19-6(Criteria for administrative dispositions against specialized institution for services) #

(1) The criteria for taking administrative dispositions against a specialized institution for services under Article 40-3 (4) of the Act shall be as specified in Appendix 9. <Amended on Jun. 27, 2023>

(2) Where the Minister of Intellectual Property revokes the designation of a specialized institution for services or suspends its business operations pursuant to Article 40-3 (4) of the Act, he or she shall publish such fact on the website of the Minister of Intellectual Property without delay. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

[Moved from Article 19-5; previous Article 19-6 moved to Article 19-7 <Jun. 2, 2017>]

Article 19-7(Frequency and method of fact-finding survey on industrial property rights service industry) #

(1) A fact-finding survey referred to in Article 40-5 (1) of the Act (hereafter referred to as "fact-finding survey on industrial property rights service industry" in this Article and Article 19-8) shall be conducted as follows: <Amended on Nov. 18, 2015; Jun. 2, 2017; Oct. 1, 2025>

1. Regular survey: A survey conducted every three years by the Minister of Intellectual Property to utilize the findings in formulating and implementing plans and policies to foster the industrial property rights service industry;

2. Irregular survey: A survey occasionally conducted by the Minister of Intellectual Property to formulate fostering policies.

(2) Where the Minister of Intellectual Property conducts a fact-finding survey on the industrial property rights service industry, he or she shall determine the standards for selecting survey respondents, and notify them of a survey plan containing the date and time, purpose, details, etc. of the survey, 15 days before the date of the survey. <Amended on Nov. 18, 2015; Oct. 1, 2025>

(3) To efficiently conduct a fact-finding survey on the industrial property rights service industry, the Minister of Intellectual Property may use information and communications networks, e-mails, or other electronic means. <Amended on Nov. 18, 2015; Oct. 1, 2025>

(4) Items for a fact-finding survey on the industrial property rights service industry shall be as follows: <Amended on Nov. 18, 2015; Oct. 1, 2025>

1. The status of the market for the industrial property rights service industry;

2. Sales, exports, and imports of the industrial property rights service industry;

3. The status of human resources relating to the industrial property rights service industry, and the actual conditions of demand for, and supply of, such human resources;

4. International trends relating to the industrial property rights service industry;

5. Any other matters deemed by the Minister of Intellectual Property necessary to formulate and implement policies to foster the industrial property rights service industry.

[This Article Added on Jan. 28, 2014]

[Title Amended on Nov. 18, 2015]

[Moved from Article 19-6; previous Article 19-7 moved to Article 19-8 <Jun. 2, 2017>]

Article 19-8(Request for submission of data for fact-finding survey on industrial property rights service industry) #

Data that the Minister of Intellectual Property may request to be submitted by an industrial property rights service provider under the former part of Article 40-5 (2) of the Act shall be data on the matters specified in the subparagraphs of Article 19-7 (4). <Amended on Jun. 2, 2017; Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

[Title Amended on Nov. 18, 2015]

[Moved from Article 19-7; previous Article 19-8 moved to Article 19-9 <Jun. 2, 2017>]

Article 19-9(Criteria for designating specialized companies for industrial property rights services) #

(1) "Company that ... satisfies the standards for human resources, facilities, etc. prescribed by Presidential Decree" in Article 40-7 (1) of the Act means a company that satisfies all of the following standards:

1. It shall have at least two dedicated staff members, who have engaged in industrial property rights services referred to in Article 40-7 (1) of the Act (hereafter referred to as "industrial property rights services" in this Article) or any other similar business;

2. Deleted; <Dec. 12, 2017>

3. It shall have a security system for facilities, equipment, etc. related to industrial property rights services.

(2) A person intending to be designated as a specialized company referred to in Article 40-7 (1) of the Act (hereinafter referred to as "specialized company") shall submit to the Minister of Intellectual Property an application for designation of a specialized company in Appendix 5-2, including a document verifying that the standards referred to the subparagraphs of paragraph (1) are satisfied. In such cases, the Minister of Intellectual Property shall verify a certificate of matters recorded in the relevant corporation register book, by administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on Oct. 1, 2025>

(3) Upon receipt of an application under paragraph (2), the Minister of Intellectual Property shall issue a certificate of designation of a specialized company in Appendix 5-3, if the relevant person is deemed eligible to be designated as a specialized company. <Amended on Oct. 1, 2025>

(4) The Minister of Intellectual Property shall announce the issuance of a certificate of designation under paragraph (3) on the website of the Ministry of Intellectual Property. <Amended on Oct. 1, 2025>

(5) Matters necessary for securing dedicated staff and a security system referred to in the subparagraphs of paragraph (1), designating specialized companies, and other matters shall be prescribed and publicly notified by Minister of Intellectual Property. <Amended on Dec. 12, 2017; Oct. 1, 2025>

[This Article Added on Nov. 18, 2015]

[Moved from Article 19-8; previous Article 19-9 moved to Article 19-10 <Jun. 2, 2017>]

Article 19-10(Revocation of designation of specialized companies) #

(1) Where a person designated as a specialized company falls under Article 40-7 (2) 2 or 3 of the Act, the Minister of Intellectual Property shall issue an order to rectify the relevant act within a given period of at least one month; and may revoke the designation if the person fails to rectify it during the period. <Amended on Oct. 1, 2025>

(2) Where the Minister of Intellectual Property revokes the designation of a specialized company pursuant to Article 40-7 (2) of the Act, he or she shall publish such fact on the website of the Ministry of Intellectual Property. <Amended on Oct. 19, 2021; Oct. 1, 2025>

[This Article Added on Nov. 18, 2015]

[Moved from Article 19-9 <Jun. 2, 2017>]

Article 20(Duties of chairperson of committee for mediation of disputes over industrial property rights) #

(1) The chairperson of the committee for mediation of disputes over industrial property rights referred to in Article 41 of the Act (hereinafter referred to as the "Committee") shall represent the Committee and preside over the affairs of the Committee. <Amended on Dec. 7, 2010>

(2) Where the chairperson of the Committee (hereinafter referred to as the "Chairperson") is unable to perform his or her duties for unavoidable reasons, a member for mediation (hereinafter referred to as "mediator") pre-designated by the Chairperson shall act on his or her behalf. <Amended on Dec. 7, 2010>

Article 21(Operation of Committee) #

(1) The Chairperson shall convene and preside over meetings of the Committee. <Amended on Dec. 7, 2010>

(2) Meetings of the Committee shall be held with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the concurring votes of a majority of the members present. <Amended on Dec. 7, 2010>

(3) No mediator of the Committee shall participate in deliberation on, or mediation of, an agenda item in which he or she has a direct interest. <Amended on Dec. 7, 2010>

(4) The Committee may conduct deliberation and mediation by means of a remote video conference attended by mediators, parties to the relevant dispute for mediation, interested parties, and others (hereafter in this Article referred to as "attendees") at different locations equipped with devices that simultaneously transmit and receive video and audio signals. In such cases, the mediators and attendees shall be deemed to have attended the same conference. <Added on Jul. 1, 2025>

(5) The Committee shall take necessary security measures to prevent the leakage of personal information of mediators and attendees, as well as the content and results of the conference, when holding a meeting by means of a remote video conference under paragraph (4). <Added on Jul. 1, 2025>

[Title Amended on Dec. 7, 2010]

Article 21-2(Composition and operation of mediation panel) #

(1) The mediation panel under Article 42 of the Act shall consist of not more than three members designated by the Chairperson from among the mediators of the Committee.

(2) To facilitate mediation procedures, the Chairperson shall designate one of the mediators under paragraph (1) as the head of the mediation panel.

[This Article Added on Aug. 5, 2020]

Article 22(Mediation procedures) #

(1) A person who intends to file an application for mediation of a dispute pursuant to Article 43 (1) of the Act shall submit an application for mediation prescribed by the Committee to the Committee. <Amended on Dec. 7, 2010>

(2) Where the application for mediation referred to in paragraph (1) is deemed to require supplementation, the Chairperson shall require the applicant to make the supplementation within a reasonable period of time. <Amended on Nov. 18, 2015>

(3) Where the application for mediation referred to in paragraph (1) meets the relevant requirements, the Chairperson shall send a copy of the application to the respondent, who is the other party to the relevant dispute. <Added on Nov. 18, 2015>

(4) The respondent shall submit a written reply to the Committee within 20 days after receipt of the copy of the application for mediation referred to in paragraph (3); provided, the respondent may do so within 30 days thereafter, if he or she is not domiciled or has no place of business in the Republic of Korea. <Added on Nov. 18, 2015>

(5) Where the Committee requires the attendance of a party, his or her agent, or any interested person pursuant to Article 45 (1) of the Act, it shall give written notice to him or her of the ground for making such request, the time and place of the meeting and other information, seven days before the date the relevant meeting is held; provided, the period may be shortened if consent is given by the person requested to attend. <Amended on Nov. 18, 2015; Jul. 1, 2025>

(6) Notice referred to in paragraph (5) shall state that a failure to comply without justifiable grounds shall be deemed a waiver of the right to state opinions. <Amended on Nov. 18, 2015>

(7) Upon receipt of notice under paragraph (5), the party, his or her agent, or any interested person may appear at a designated time and place to state his or her opinions or to submit written opinions (including electronic documents). <Amended on Nov. 18, 2015; Aug. 5, 2020>

(8) The Committee may prepare and present a proposal of mediation to the parties and recommend that they accept the proposal. <Amended on Nov. 18, 2015>

[Title Amended on Dec. 7, 2010]

Article 23(Separation or combination of mediation cases) #

(1) If deemed necessary, the Committee may separate or combine related mediation cases for deliberation. <Amended on Dec. 7, 2010>

(2) Where the Committee has determined to separate or combine medication cases for deliberation pursuant to paragraph (1), the Chairperson shall give written notice to both parties thereof without delay. <Amended on Dec. 7, 2010>

Article 23-2(Refusal and suspension of mediation) #

"Cases prescribed by Presidential Decree" in Article 46-2 (1) 3 of the Act means the following cases:

1. Where the applicant receives a request for supplementation under Article 22 (2) but fails to comply within a specified period of time without justifiable grounds;

2. Where the respondent fails to submit a written reply by the deadline for submission referred to in Article 22 (4);

3. Where mediation procedures are unavailable due to unknown whereabouts of, or loss of contact with, a party, etc.;

4. Where the applicant applies for mediation of the same case for the same purpose at least twice;

5. Where the Committee deems that the subject-matter of an application is inappropriate for mediation.

[This Article Wholly Amended on Nov. 18, 2015]

Article 24(Secretary and clerk of the Committee) #

A secretary and a clerk shall be appointed by the Minister of Intellectual Property, from among the public officials of the Ministry of Intellectual Property, to handle the administrative affairs of the Committee. <Amended on Dec. 7, 2010; Jul. 1, 2025; Oct. 1, 2025>

[Title Amended on Jul. 1, 2025]

Article 25(Allowances) #

Allowances may be paid to a mediator who attends a Committee meeting, within the budget; provided, this shall not apply where a mediator, who is a public official, attends the meeting in direct relation to his or her official duties. <Amended on Dec. 7, 2010>

Article 26(Detailed operation rules) #

Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Committee. <Amended on Dec. 7, 2010>

Article 27(Protection of industrial property rights) #

(1) The Minister of Intellectual Property may conduct any of the following as the business of protecting industrial property rights referred to in Article 50-2 (1) of the Act: <Amended on Oct. 1, 2025>

1. Research, education, public relations, and fact-finding surveys to protect industrial property rights;

2. Counseling and legal advice in relation to application for, and registration of, and disputes over, industrial property rights in Korea and abroad;

3. Assistance in responding to disputes over industrial property rights in Korea and abroad;

4. Surveys, research, and assistance to prevent disputes over industrial property rights in Korea and abroad;

5. Establishing and operating an information management system to prevent any infringement of industrial property rights and protect such rights;

6. Subsidizing insurance related to disputes over industrial property rights;

7. International cooperation to protect industrial property rights;

8. Any other business deemed by the Minister of Intellectual Property to be necessary for the protection of industrial property rights.

(2) Deleted. <Jan. 28, 2014>

[This Article Added on Jul. 26, 2010]

Article 28(Criteria for designating specialized institutions for protection of industrial property rights) #

(1) The Minister of Intellectual Property may designate an institution or organization satisfying all of the following requirements as an institution or organization that vicariously conduct the business of protecting industrial property rights under Article 50-2 (2) of the Act (hereinafter referred to as "specialized institution for protection"): <Amended on Dec. 30, 2016; Oct. 1, 2025>

1. It shall have computation equipment, including a database, necessary for the business of protecting industrial property rights;

2. It shall have at least one dedicated staff member with experience in industrial property rights protection business or any other similar experience;

3. It shall have a security system for facilities, equipment, etc. related to the business of protecting industrial property rights.

(2) A person intending to be designated as a specialized institution for protection shall submit to the Minister of Intellectual Property an application for designation of a specialized institution in Appendix 6, accompanied by documents verifying that the requirements specified in the subparagraphs of paragraph (1) are satisfied. <Amended on Oct. 1, 2025>

(3) Upon receipt of documents under paragraph (2), the Minister of Intellectual Property shall issue a certificate of designation of a specialized institution for protection in Appendix 7, if the relevant person is deemed eligible to be designated as a specialized institution for protection. In such cases, the Minister of Intellectual Property shall publish the designation of the specialized institution for protection on the website of the Ministry of Intellectual Property without delay. <Amended on Oct. 1, 2025>

(4) Detailed criteria for computation equipment, dedicated staff and the security system referred to in the subparagraphs of paragraph (1) and any other matters necessary for the designation and operation of a specialized institution for protection shall be prescribed and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

Article 28-2(Criteria for administrative dispositions against specialized institution for protection) #

(1) Where Article 40-3 (4) of the Act applies mutatis mutandis to the revocation of designation, or suspension of business, of a specialized institution or organization pursuant to Article 50-2 (4) of the Act, the criteria for taking administrative dispositions against specialized institutions for protection shall be as specified in Appendix 10. <Amended on Jun. 27, 2023>

(2) Where the Minister of Intellectual Property revokes the designation of a specialized institution for protection or suspends its business pursuant to Article 50-2 (4) of the Act, he or she shall publish such fact on the website of the Ministry of Intellectual Property without delay. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

Article 28-3(Operation of mutual aid program related to intellectual property rights) #

(1) Details of the mutual aid program managed and operated by the Minister of Intellectual Property pursuant to Article 50-4 of the Act (hereinafter referred to as "patent mutual aid program") shall be as follows: <Amended on Oct. 1, 2025>

1. Extending a loan to enterprises joining the patent mutual aid program to cover expenses for filing an international application for industrial property rights, expenses for filing a lawsuit related to intellectual property rights in Korea and abroad, and any other expenses;

2. Providing consultation or information on intellectual property to enterprises joining the patent mutual aid program;

3. A program incidental to those specified in subparagraphs 1 and 2.

(2) Details of the patent mutual aid program specified in the subparagraphs of paragraph (1) and details necessary for the method, procedures, etc. for operating such program shall be prescribed and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on May 28, 2018]

Article 28-4(Entrustment of patent mutual aid program and fundraising) #

(1) "Agencies or organizations prescribed by Presidential Decree" in Article 50-5 (1) 2 of the Act means any of the following agencies or organizations: <Amended on May 7, 2019; Oct. 1, 2025>

1. The Korea Invention Promotion Association;

2. The Korea Technology Finance Corporation established under the Korea Technology Finance Corporation Act;

3. Any other agency or organization deemed by the Minister of Intellectual Property to have professional human resources and a dedicated organization necessary for executing the patent mutual aid program.

(2) "Financial resources prescribed by Presidential Decree" in Article 50-5 (2) 4 of the Act means any of the following:

1. Deposits by enterprises, intellectual property-related institutions or organizations, or any other persons;

2. Borrowings for the patent mutual aid program;

3. Proceeds and any other income.

(3) Any agency or organization entrusted with the patent mutual aid program under Article 50-5 (1) of the Act (hereinafter referred to as "entrusted agency") shall create and operate an account for the patent mutual aid program to efficiently operate the patent mutual aid program. <Added on May 7, 2019>

[This Article Added on May 28, 2018]

Article 28-5(Supervision of patent mutual aid program) #

(1) The Minister of Intellectual Property shall supervise an entrusted agency in terms of the following: <Amended on May 7, 2019; Oct. 1, 2025>

1. Matters regarding a business plan, budget, and settlement of accounts for the patent mutual aid program;

1-2. Matters regarding the operation of an account for the patent mutual aid program;

2. Matters regarding structure and organization;

3. Any other matters regarding the execution of the patent mutual aid program entrusted by the Minister of Intellectual Property.

(2) An entrusted agency shall obtain approval from the Minister of Intellectual Property in relation to a business plan and budget for the patent mutual aid program. <Amended on Oct. 1, 2025>

(3) To supervise the patent mutual aid program, the Minister of Intellectual Property may require that an entrusted agency report on the matters specified in the subparagraphs of paragraph (1) and to submit necessary data. <Amended on Oct. 1, 2025>

[This Article Added on May 28, 2018]

Article 28-6(Accumulation and operation of reserves) #

(1) The Minister of Intellectual Property or an entrusted agency shall set aside the reserves referred to in Article 50-6 of the Act (hereinafter referred to as "reserves") worth 5/100 of the total amount of mutual aid installments and shall accumulate them separately. <Amended on Oct. 1, 2025>

(2) The reserves shall be used for the following purposes: <Amended on Oct. 1, 2025>

1. Payment of principal and interest of mutual aid installments;

2. Loans referred to in Article 28-3 (1) 1;

3. Loans for working capital;

4. Other uses deemed necessary by the Minister of Intellectual Property for the patent mutual aid program.

(3) Except as provided in paragraphs (1) and (2), details necessary for the accumulation and operation of the reserves shall be determined and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Dec. 19, 2023]

[Previous Article 28-6 moved to Article 28-7 <Dec. 19, 2023>]

Article 28-7(Affairs of the Korea Intellectual Property Protection Agency) #

"Business affairs prescribed by Presidential Decree" in Article 55-3 (1) 8 of the Act means the following:

1. Support for the protection of trade secrets and prevention of breaches;

2. Support for efforts to eradicate false indications of industrial property rights;

3. Business affairs incidental to those listed in Article 55-3 (1) 1 through 6 of the Act.

[This Article Added on Aug. 5, 2020]

[Moved from Article 28-6; previous Article 28-7 moved to Article 28-8 <Dec. 19, 2023>]

Article 28-8(Profit-making business of the Korea Intellectual Property Protection Agency) #

(1) "Profit-making business prescribed by Presidential Decree" in Article 55-3 (2) of the Act means any of the following:

1. Research services related to domestic and overseas intellectual property protection;

2. Provision of information related to domestic and overseas intellectual property protection;

3. Education, publication, and events related to domestic and overseas intellectual property protection;

4. Certification of original documents of trade secrets under Article 9-2 of the Unfair Competition Prevention and Trade Secret Protection Act.

(2) Where intending to start or discontinue a profit-making business under paragraph (1) or to make changes to important matters of the business, the Korea Intellectual Property Protection Agency shall report thereon to the Minister of Intellectual Property in advance. <Amended on Oct. 1, 2025>

[This Article Added on Aug. 5, 2020]

[Moved from Article 28-7; previous Article 28-8 moved to Article 28-9 <Dec. 19, 2023>]

Article 28-9 #

Deleted. <Aug. 6, 2024>

Article 29(Entrustment of duties) #

(1) The Minister of Intellectual Property shall entrust the following duties to the Korea Invention Promotion Association, pursuant to Article 56 (2) of the Act: <Amended on Jan. 28, 2014; Nov. 18, 2015; Jun. 2, 2017; Jun. 27, 2023; Aug. 6, 2024; Oct. 1, 2025>

1. Holding events for encouraging inventions under subparagraph 1 of Article 6 of the Act;

2. Holding exhibitions for outstanding inventions, and assisting outstanding inventors in participating in overseas exhibitions under subparagraph 3 of Article 6 of the Act;

3. Providing education and training on inventions and industrial property rights under subparagraph 5 of Article 6 of the Act;

4. The following duties regarding the certification of outstanding companies under Article 11-2 of the Act;

(a) Receipt of applications for certification of outstanding companies and verification of the details of such applications under Article 11-2 (2) of the Act;

(b) Assistance in the examination for certification of outstanding companies under Article 11-2 (3) of the Act;

(c) Issuance and re-issuance of outstanding company certificates (referring to those issued in the name of the Minister of Intellectual Property);

4-2. Receipt of applications for designation as an evaluation institute under Article 28 (1) of the Act;

5. Assistance in public relations for outstanding inventions under Article 39-2 of the Act.

(2) Pursuant to Article 56 (2) of the Act, the Minister of Intellectual Property may entrust the following duties to an association relating to the industrial property rights service industry referred to in Article 40-6 (1) of the Act: <Added on Jan. 28, 2014; Jun. 27, 2023; Oct. 1, 2025>

1. Training professional human resources in the industrial property rights service industry under Article 40-3 (1) 1 of the Act;

2. Facilitating overseas expansion of the industrial property rights service industry under Article 40-3 (1) 2 of the Act;

3. Facilitating utilization of the industrial property rights service industry and supporting business start-up under the subparagraphs of Article 40-4 of the Act;

4. Conducting fact-finding surveys under Article 40-5 (1) of the Act.

Article 29-2 #

Deleted. <Jun. 27, 2023>

Article 30(Criteria for imposing administrative fines) #

The criteria for imposing administrative fines under Article 60 of the Act shall be as specified in Appendix 11. <Amended on Jan. 28, 2014>

[This Article Added on Jun. 21, 2012]