Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated by the Industrial Design Promotion Act and matters necessary for enforcing said Act. <Amended on Jun. 22, 2015>
Article 2 #
Deleted. <Apr. 9, 1999>
Article 3(Implementation of research and promotion projects) #
(1) The Minister of Trade, Industry and Resources shall formulate and publicly announce an annual plan concerning research and promotion projects to efficiently implement research and promotion projects concerning industrial design (hereinafter referred to as "research and promotion project") referred to in Article 4(1) of the Industrial Design Promotion Act (hereinafter referred to as the "Act"). The foregoing shall also apply where he or she alters the annual plan. <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015; Oct. 1, 2025>
(2) To implement a research and promotion project, the Minister of Trade, Industry and Resources shall designate an institution or organization to manage the research and promotion project among the institutions or organizations referred to in the subparagraphs of Article 4(2) of the Act and enter into an agreement with the designated institution or organization concerning such research and promotion project. <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
The agreement entered into under paragraph (2) shall include the following:
1. Matters concerning tasks of the research and promotion project;
2. Matters concerning a person in charge of implementing the research and promotion project;
3. Matters concerning contributions provided under Article 4(3) of the Act;
4. Matters concerning the utilization of the outcomes of the research and promotion project, and the costs for the utilization thereof;
5. Matters concerning modifications of the agreement.
(4) An institution or organization designated under paragraph (2) may partially outsource the implementation of the relevant research and promotion project to any of the institutions or organizations referred to in the subparagraphs of Article 4(2) of the Act.
Article 4(Institutions participating in research and promotion projects) #
"Other institutions or organizations prescribed by Presidential Decree" in Article 4(2)6 of the Act means the following institutions or organizations: <Amended on Feb. 26, 1999; Apr. 9, 1999; May 24, 2001; Jun. 30, 2003; Oct. 27, 2006; Jun. 29, 2007; Feb. 29, 2008; Apr. 30, 2009; Aug. 18, 2009; Nov. 20, 2009; Jan. 17, 2011; Mar. 23, 2013; Jun. 22, 2015; Jan. 17, 2017; Apr. 2, 2019; Jun. 8, 2021; Oct. 1, 2025>
1. A specific research institute established under the Specific Research Institutes Support Act;
2. An industrial technology research cooperative established under the Industrial Technology Research Cooperatives Support Act;
3. A specialized manufacturing technology institute established under Article 42 of the Industrial Technology Innovation Promotion Act;
4. The Korea Trade-Investment Promotion Agency established under the Korea Trade-Investment Promotion Agency Act;
5. An industrial research institute referred to in subparagraph 8 of the Appendix of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc.;
6. The Korea SMEs and Startups Agency established under Article 68 of the Small and Medium Enterprises Promotion Act;
7. The National Information Technology Industry Promotion Agency established under Article 26 of the Information and Communications Technology Industry Promotion Act;
8. The Korea Industrial Complex Corporation under Article 45-17 of the Industrial Cluster Development and Factory Establishment Act;
9. The Korea Institute for Advancement of Technology established under Article 38 of the Industrial Technology Innovation Promotion Act;
10. An engineering service provider who has filed a report pursuant to Article 21 of the Engineering Industry Promotion Act or a professional engineer who has registered the establishment of a professional engineer's office pursuant to the Professional Engineers Act;
10-2. A regional design center established under Article 11-2 of the Act;
11. Other institutions or organizations deemed necessary for implementing research and promotion projects by the Minister of Trade, Industry and Resources.
[Title Amended on Jun. 22, 2015]
Article 5(Evaluation, planning of research and promotion projects) #
(1) In making contributions to a research and promotion project pursuant to Article 4(3) of the Act, the Minister of Trade, Industry and Resources may pay the contributions differentially based on the findings from the evaluation of the project plans and performance of institutions participating in the research and promotion project. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) The Minister of Trade, Industry and Resources may require an institution he or she designates to conduct such business affairs, as planning and managing the evaluation of and support for research and promotion projects under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 6(Payment, management of contributions) #
(1) The Minister of Trade, Industry and Resources may pay contributions in installments in consideration of the status of implementation of a research and promotion project, and other factors pursuant to Article 4(3) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) A person who is paid contributions under Article 4(3) of the Act shall manage the contributions in a separate account, and shall use such contributions only for expenses incurred in implementing his or her research and promotion project.
(3) Where a person who has been paid contributions uses the contributions for any purpose other than the purpose provided for in paragraph (2) without good cause, the Minister of Trade, Industry and Resources may fully or partially recover the contributions. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 7(Public announcement of plans to grant awards and support) #
The Minister of Trade, Industry and Resources shall formulate an annual implementation plan concerning granting awards and support referred to in Article 5(1)1 of the Act, and publicly announce the annual implementation plan in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 8(Holding industrial design exhibitions) #
(1) The Minister of Trade, Industry and Resources shall hold an industrial design exhibition referred to in Article 5(2)1 of the Act (hereinafter referred to as "exhibition") not less than once annually. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) Exhibitions are classified into the following fields: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015; Oct. 1, 2025>
1. Product design;
2. Package design;
3. Environmental design;
4. Visual design;
5. Service design;
6. Other fields prescribed by the Minister of Trade, Industry and Resources, equivalent to those referred to in subparagraphs 1 through 5.
(3) To hold an exhibition pursuant to paragraph (1), the Minister of Trade, Industry and Resources shall publicly announce matters concerning the dates of the exhibition to be held, products to be exhibited, fees payable by exhibitors, the awarding of prizes, etc. by four months prior to the opening day of the exhibition. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 8-2 #
Deleted. <Oct. 20, 2008>
Article 8-3(Invited designers and recommended designers) #
(1) The Minister of Trade, Industry and Resources shall establish a designer invitation and recommendation system in each field referred to in the subparagraphs of Article 8(2) to elevate the standards of the exhibition. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) The Minister of Trade, Industry and Resources shall prescribe matters necessary for operating the designer invitation and recommendation system established under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 9(Support for commercialization) #
The Minister of Trade, Industry and Resources may take necessary measures, such as providing financial support, technical guidance, and support for technology transfer necessary for commercializing exhibited products. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 10(Applying for Selection) #
(1) For a product to be selected as a good industrial design product under Article 6(1) of the Act (hereinafter referred to as "good industrial design product"), a person shall file an application for selection as a good industrial design product with the Minister of Trade, Industry and Resources, as prescribed in the plan publicly announced under Article 14. <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) For a product to be eligible for selection as a good industrial design product, the product shall have been in sale from two years prior to the date of filing of an application for selection as a good industrial design product, or is scheduled to be sold in the Republic of Korea or overseas; provided, the following are excluded herefrom: <Amended on Apr. 9, 1999; May 24, 2001; Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015; Oct. 1, 2025>
1. A product in a legal dispute in relation to its industrial design;
2. A product that is deemed to have imitated other goods;
3. A product that is deemed to harm public order or good social morals;
4. Other products that the Minister of Trade, Industry and Resources deems ineligible for selection as good industrial design products.
Article 11(Criteria for selection) #
The following are prescribed as criteria for the selection of good industrial design products:
1. Elements of a product, such as the shape, form and color that make the appearance of the product shall have been aesthetically organized in general and have originality to facilitate the sale of the product;
2. A product shall have functions suitable for its intended use; shall be convenient to use; and shall be easy to maintain;
3. A product shall have used appropriate materials effectively;
4. A product shall be suitable for commercial production and commercially viable.
Article 12 #
Deleted. <Oct. 20, 2008>
Article 13(Selection and awarding prizes) #
(1) The Minister of Trade, Industry and Resources shall publicly announce the selection of good industrial design products within 20 days from the date of selection of the good industrial design products. <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) Deleted. <Apr. 9, 1999>
(3) The Minister of Trade, Industry and Resources may award a prize to a product deemed exceptionally excellent among good industrial design products selected pursuant to paragraph (1) (hereinafter referred to as "selected product"). <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 14(Public announcement of plans to select good industrial design products) #
To select good industrial design products, the Minister of Trade, Industry and Resources shall publicly announce a plan that contains items eligible for selection, criteria and procedures for selection, and other related matters. The foregoing shall also apply where he or she alters such plan. <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 15 #
Deleted. <Apr. 9, 1999>
Article 16(Standards for use of good industrial design mark) #
The following are prescribed as the standards for the use of the Good Industrial Design Mark under Article 6(4) of the Act: <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015; Oct. 1, 2025>
1. The Good Industrial Design Mark shall be used only for selected products;
2. Conditions of selected products, including their appearances and functions, shall be identical to those at the time of the selection thereof;
3. No person shall cause others to mistake other goods for registered goods while advertising selected products;
4. The Good Industrial Design Mark shall be used only for the following:
a. The relevant goods;
b. Packaging, instructions, warranties, and advertisement flyers of the relevant goods;
c.Others on which the Minister of Trade, Industry and Resources deems it appropriate to use the Good Industrial Design Mark.
Article 17 #
Deleted. <Apr. 9, 1999>
Article 18 #
Deleted. <Jun. 22, 2015>
Article 19 #
Deleted. <Apr. 9, 1999>
Article 20(Matters concerning support for firms specializing in industrial design) #
"Matters prescribed by Presidential Decree" in Article 9(1)4 of the Act means the following: <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015; Oct. 1, 2025>
1. Matters related to providing management consulting or information and data for firms specializing in industrial design referred to in Article 9(1) of the Act (hereinafter referred to as "company specializing in industrial design");
2. Matters related to supporting the development of human resources necessary for companies specializing in industrial design;
3. Matters related to the funding necessary for companies specializing in industrial design to engage in development activities of industrial design;
4. Matters related to supporting the dissemination of the outcomes of development by companies specializing in industrial design;
5. Other matters which the Minister of Trade, Industry and Resources deems necessary for the promotion, etc. of companies specializing in industrial design.
Article 20-2(Development and operation of design imitation prevention system) #
The Minister of Trade, Industry and Resources may develop and operate a system to prevent the imitation of industrial design in consultation with the heads of related administrative agencies pursuant to Article 10 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 20-3(Compilation and management of statistics on industrial design) #
The Minister of Trade, Industry and Resources shall conduct surveys each year to compile statistics on industrial design pursuant to Article 10-2(1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015; Oct. 1, 2025>
[This Article Added on May 24, 2001]
Article 20-4(Composition of design dispute mediation committee) #
(1) The Chairperson (hereinafter referred to as the "Chairperson") of the Design Dispute Mediation Committee referred to in the main sentence of Article 10-3(1) of the Act (hereinafter referred to as the "Mediation Committee") shall be elected among and by its members.
(2) The terms of office of members shall be two years, which can be renewed for only one further term.
[This Article Added on Jan. 17, 2017]
Article 20-5(Exclusion, recusal and withdrawal of members) #
(1) A member of the Mediation Committee shall be excluded from deciding on mediation if:
1. The member or his or her current or former spouse becomes a party to the relevant case (where the party is a corporation, organization, etc., including its executive; hereafter the same shall apply in subparagraph 2), or is a joint right holder or a joint obligor in relation to such case;
2. The member is a current or former relative of a party to the relevant case;
3. The member has directly participated in a trial in relation to the relevant case;
4. The member or the corporation to which the member belongs participates or has participated in the relevant case as a witness, an expert witness or an agent of a party;
5. The member has direct interests in the relevant case.
(2) Where any cause arises making it impracticable to expect the impartial mediation from a member, a party may apply for recusal of the member with the Mediation Committee.
(3) Where the Mediation Committee deems an application for recusal appropriate in the case falling under paragraph (2), it shall determine to recuse the relevant member.
(4) Where a member falls under any of the subparagraphs of paragraph (1) or has any causes provided for in paragraph (2), the member shall voluntarily withdraw from the mediation of the case.
[This Article Added on Jan. 17, 2017]
Article 20-6(Operation of mediation committee) #
(1) The Chairperson shall convene and preside over meetings of the Mediation Committee.
(2) To convene a meeting, the Chairperson shall give each member a notice of the date and time and place of the meeting and agenda items for the meeting by seven days prior to the scheduled date for the meeting; provided, in case of emergency, such notice may be given by the day before the scheduled date for the meeting.
(3) Meetings of the Mediation Committee shall be held with a majority of all incumbent members present and resolutions shall be passed with the affirmative vote of a majority of those present.
(4) The Mediation Committee may organize working committees for specific fields of design if necessary to conduct mediation efficiently.
[This Article Added on Jan. 17, 2017]
Article 20-7(Mediation procedures) #
(1) A person who intends to apply for mediation pursuant to Article 10-3(3) of the Act shall file an application for mediation in the form prescribed by the Mediation Committee with the Mediation Committee.
(2) Where an application for mediation filed under paragraph (1) is deemed incomplete, the Chairperson may require a claimant to complete the application within a prescribed reasonable period.
(3) The Mediation Committee shall send a copy of an application for mediation filed under paragraph (1) and related materials to the other party (hereinafter referred to as "respondent") of a person who has filed an application for mediation (hereinafter referred to as "claimant").
(4) The respondent shall submit his or her response to the Mediation Committee within five days from the date of receipt of the copy of an application for mediation under paragraph (3).
[This Article Added on Jan. 17, 2017]
Article 20-8(Preparation of mediation agreement) #
Where a dispute is resolved through mediation pursuant to Article 10-3(5) of the Act, the Mediation Committee shall prepare a mediation agreement, and the Chairperson claimant and respondent shall affix their signatures and seals to the mediation agreement, respectively.
[This Article Added on Jan. 17, 2017]
Article 20-9(Costs of mediation) #
Where costs prescribed by the Mediation Committee, including costs for interpretation and translation are incurred during the mediation process, the Mediation Committee may require the claimant to bear such costs pursuant to Article 10-3(6) of the Act.
[This Article Added on Jan. 17, 2017]
Article 20-10(Bylaw of mediation committee) #
Except as specifically provided for in this Decree, the Chairperson shall prescribe necessary matters concerning the operation of the Mediation Committee and mediation procedures by a resolution of the Mediation Committee.
[This Article Added on Jan. 17, 2017]
Article 21(Training and refresher training of professionals) #
(1) The Korea Institute of Design Promotion established under Article 11 of the Act (hereinafter referred to as the "Promotion Institute") may administer education or training courses to provide training and refresher training for industrial design professionals. <Amended on Jun. 22, 2015>
(2) The Promotion Institute shall prescribe qualifications of and methods for selecting eligible trainees for the education or training courses referred to in paragraph (1) and other necessary matters, and submit such matters to the Minister of Trade, Industry and Resources. The foregoing shall also apply where the Promotion Institute alters such matters. <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 22(Encouragement of industry-university cooperation) #
(1) The President of the Promotion Institute (hereinafter referred to as the "President of the Promotion Institute") may enter into an agreement with the president of any college or university (hereinafter referred to as "university") referred to in subparagraphs 1 through 6 of Article 2 of the Higher Education Act to encourage a person who takes a degree course related to industrial design at the relevant university to participate in a development support project, etc. organized by the Promotion Institute. <Amended on Apr. 9, 1999; Jun. 22, 2015>
(2) The president of a university may request the President of the Promotion Institute to provide on-the-job training under Article 7 of the Vocational Education and Training Promotion Act. <Amended on Jun. 22, 2015>
(3) Upon receipt of a request under paragraph (2), the President of the Promotion Institute shall cooperate in on-the-job training by providing research facilities and equipment, information and data to the extent that does not interfere with the performance of business activities. <Amended on Jun. 22, 2015>
Article 23(Encouragement of joint research) #
The President of the Promotion Institute may enter into an agreement with institutions or organizations referred to in Article 4(2)1 and 3 through 6 of the Act and mutually dispatch researchers, including professors, if deemed necessary to encourage joint research and exchanges of researchers and information. <Amended on Jun. 22, 2015>
[Title Amended on Jun. 22, 2015]
Article 24(Projects of promotion institute) #
"Other projects prescribed by Presidential Decree" in Article 11(4)9 of the Act means the following: <Amended on Apr. 9, 1999; May 24, 2001; Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015; Oct. 1, 2025>
To conduct profit-making business pursuant to Article 11(5) of the Act, the Promotion Institute shall submit a plan for profit-making business to the Minister of Trade, Industry and Resources. The foregoing shall also apply where it alters the plan. <Amended on Apr. 9, 1999; May 24, 2001; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
2. Disseminating technologies and skills concerning industrial design;
3. Projects for developing the household goods industry, such as facilitating the manufacture and distribution of industrial design-applied household goods, supporting startups and management, supporting marketing and entry into overseas markets;
4. Demonstration projects deemed necessary by the Minister of Trade, Industry and Resources.
[Title Amended on Jun. 22, 2015]
Article 25(Profit-making business of promotion institute) #
To conduct profit-making business pursuant to Article 11 (5) of the Act, the Promotion Institute shall submit a plan for profit-making business to the Minister of Trade, Industry and Resources. The foregoing shall also apply where it alters the plan. <Amended on Apr. 9, 1999; May 24, 2001; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 26 #
Deleted. <May 24, 2001>
Article 27 #
Deleted. <Apr. 9, 1999>
Article 28 #
Deleted. <May 24, 2001>
Article 29 #
Deleted. <May 24, 2001>
Article 30 #
Deleted. <May 24, 2001>
Article 31 #
Deleted. <May 24, 2001>
Article 32 #
Deleted. <May 24, 2001>
Article 33(Entrustment of affairs) #
(1) The Minister of Trade, Industry and Resources shall entrust affairs concerning the acceptance of reports filed by firms specializing in industrial design to the Promotion Institute pursuant to Article 9(3) of the Act. <Amended on Apr. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) The Minister of Trade, Industry and Resources shall designate the following institutions as specialized institutions pursuant to Article 9-2(5) of the Act and entrust the specialized institutions with affairs of researching and analyzing the conditions in which industrial designs are developed, and the calculation of price standards, such as unit wages referred to in Article 9-2(2) of the Act. In this case, the Minister of Trade, Industry and Resources shall publicly announce the contract accepter, entrusted affairs, and other relevant matters: <Added on Jun. 22, 2015; Oct. 1, 2025>
1. The Promotion Institute;
2. A nonprofit corporation incorporated pursuant to Article 32 of the Civil Act for promoting firms specializing in industrial design.
[Title Amended on Jun. 22, 2015]
Article 34(Administrative fines) #
The standards for imposing administrative fines under Article 21(1) of the Act shall be as specified in the Appendix.
[This Article Added on Jul. 30, 2024]