Enforcement Rule of the Design Protection Act

Article 1(Purpose) #

The purpose of this Rule is to provide for matters delegated by the Design Protection Act and the Enforcement Decree or the Design Protection Act and other matters to implement such delegated matters. <Amended February 28, 2002; February 11, 2005; and July 1, 2005 >

Article 1-2(Definition) #

Terminology used herein shall be defined as follows:

1. "Electronic Information Processing System" shall mean a network system under which computers used by the Korean Intellectual Property Office (KIPO) are connected on information communication network to computers of a person who takes steps for application, request and other procedures (hereinafter, "Design-related Procedures".) relating to computer and design registration.

2. "Electronic Document" shall mean the following:

i) A document which a person who takes steps for Design-related Procedures prepares using software provided by KIPO or at KIPO's webpage and submits to KIPO or Intellectual Property Tribunal (IPT) via information communication network (hereinafter, "Online Submission".) or on electronic recording medium such as floppy disc or optical disc (hereinafter, "Electronic Recording Medium".); or

ii) A document which the Commissioner of KIPO or President of IPT notifies or delivers to applicant for design registration, requester for trial, opponent to unexamined design registration, or other persons taking steps for Design-related Procedures (hereinafter, "Various Applicants".) via information communication network.

[This Article was added on June 30, 2009]

[Article 1-2 moved to Article 1-3. <June 30, 2009>]

Article 1-3(Electronically Acceptable Documents) #

(1) Documents that can be accepted electronically to the Commissioner of the KIPO (Korean Intellectual Property Office) or the President of the IPT (Intellectual Property Tribunal) pursuant to Article 4-28(4) of the Design Protection Act (hereinafter, the "Act".) shall exclude the following documents: <Amended on February 28, 2002; February 11, 2005; July 1, 2005; and June 30, 2009>

1. Submission report of electronic recording medium;

2. Submission report of electronic document attachment;

3. Submission report of documents (specimen, material objects, evidentiary material objects);

4. Application for correction of design registration; and

5. Application for correction of electronization contents.

6. Deleted <May 12, 2003>

(2) Deleted <December 28, 2002>

(3) Deleted <June 30, 2009>

[This Article was added on December 31, 1998]

[Moved from Article 1-2. Article 1-3 moved to Article 1-4. <June 30, 2009>]

Article 1-4(Documents subject to Notification by Electronic Documents) #

Unless provided by regulations in relative laws, the Commissioner of KIPO, the President of the IPT, the presiding administrative patent judge, an administrative patent judge, the chief examiner, or an examiner may notice or deliver every document by means of information communication network to a person having reported with intent of using electronic documents under Article 4-29(1) of the Act and who desires to receive notices or delivery by means of electronic documents.

<Entirely amended on June 30, 2009>

[Moved from Article 1-3. Article 1-4 moved to Article 1-8. <June 30, 2009>]

Article 1-5(Procedures by Documents) #

The documents to be submitted to KIPO or IPT in connection with Design-related Procedures shall be prepared for each case, unless otherwise provided by laws and regulations. The documents must bear the name of the applicant (or name of the company, in case of a corporate entity), identification number (hereinafter, "Applicant's Code".) and signature or impression seal (Or electronic signature, in case of electronic documents. The same goes hereinafter.); provided that, in case no Applicant's Code is given, it shall bear the name and address (Or company name and its business address, in case of a corporate entity.) of the applicant with his name written or impression seal.

[This Article was added on June 30, 2009]

Article 1-6(Submission of Documents) #

Unless provided otherwise by laws or regulations, the documents to be submitted to KIPO or IPT shall be addressed to the Commissioner of KIPO or the President of the IPT.

[This Article was added on June 30, 2009]

Article 1-7(Submission of Attached Documents Prepared in Electronic Image) #

(1) A person who submits electronic documents in connection with Design-related Procedures may submit attached documents in electronic image.

(2) The Commissioner of KIPO, the President of the IPT, or the presiding administrative patent judge, upon finding it necessary to ascertain the contents due to illegibility of the electronic image presented under Paragraph (1) hereof, may order the Various Applicants or their agents to submit the relevant documents in writing within a certain stated period.

[This Article was added on June 30, 2009.]

Article 1-8(Language to Documents) #

(1) Documents to be submitted to KIPO or IPT shall be prepared in Korean except for power of attorney, certificate of nationality or documents concerning priority rights

(2) Documents prescribed in Paragraph (1) that are submitted in non-Korean (excluding documents concerning priority rights) shall be accompanied by translated version of Korean.

[Entirely amended on June 29, 2007.]

[Moved from Article 1-4. <June 30, 2009>]

Article 2(Rejection of Invalid Application Documents) #

(1) Unless specially provided otherwise by laws or regulations, it is not deemed as valid application determined by the Commissioner of KIPO or President of the IPT (hereinafter in this Article, "Application Documents etc."), when submitted in connection with application for design registration or trial under Article 9, 72-2, or 72-3 of the Act which fall into any of the following: <Amended on October 30, 1992; December 31, 1993; February 23, 1998; December 31, 1998; June 30, 2001; February 28, 2002; May 12, 2003; February 11, 2005; July 1, 2005; June 29, 2007; June 30, 2009; and July 27, 2010.>

1. Application or document, the category of which is ambivalent;

2. Lack of name of the person (or company name in case of a corporate entity) who takes procedures such as but not limited to application for design registration / request or other steps or lack of Applicant's Code [if any of the Applicant's Code, name or address is lacking (in case of a corporate entity, the company name or address of its business place.)];

3. It is not prepared in Korean;

4. No illustration is attached [including where such illustrations are outnumbered by the design pieces, in case of application for multiple design registration under Article 11-2 of the Act (hereinafter, the "Application for Multiple Design Registration")];

5. Goods subject to the design are not indicated;

6. A person who has neither a residential nor business address in the Republic of Korea has submitted the application documents without being represented by design administrator under the provision of Article 4-3(1) of the Act;

7. The documents have not been submitted within the term set forth by this Act or any ordinance thereof;

8. The document is an application for renewal of term which is not permitted to be renewed under this Act or any ordinance thereof;

9. The document is application for renewal of term which is submitted after the expiry of the term for amendment on the ground of an opposition to unexamined design registration under Article 29-3 of the Act, the term for request for a trial under Article 67-2 or 67-3 of the Act, or the term designated by Commissioner of KIPO, President of the IPT, the presiding administrative patent judge, or an examiner;

10. The documents related to the application for registration on comprehensive delegation, application for registration amendment on comprehensive delegation, application for registration withdrawal on comprehensive delegation (Form 3 - Application for Registration (or Amendment or Withdrawal) on Comprehensive Delegation appended to the Enforcement Rules of the Patent Act is applied Mutatis Mutandis), Report on Limited Invocation of Comprehensive Delegation (Form 2 - Report concerning Agent (Representative), appended to the Enforcement Rules of the Patent Act is applied Mutatis Mutandis.), Application for Granting Applicant's Code (Applied mutatis mutandis is Form 4 - Application for Granting Applicant's Code appended to the Enforcement Rules of the Patent Act) are too obscure to accept, or in case where the applicant's code needs to be granted directly by authority;

Article 3(Amendment of Documents etc.) #

Any person who intends to make amendments under Article 17, 18, or 27-2 , or Article 11 of these Rules shall submit to the Commissioner of KIPO or the President of the IPT the appended Form 2 - Addendum, attaching thereto the documents listed below; provided that no person who intends to correct fee subject to Article 17 (3) shall be required to submit said Addendum Form.

<Amended on June30, 2001; July 1, 2005; June 29, 2007; and June 30, 2009>

1. One (1) copy of the document verifying the contents to be added; and

2. One (1) copy of the document verifying the right of agency, in case the procedures are taken through an agent.

[Entirely amended on December 31, 1998]

Article 4(Appointment of an Agent etc.) #

(1) Any person who intends to take Design-related Procedures through an agent shall submit to the Commissioner of KIPO or the President of IPT Form 1 - Power of Attorney appended to the Enforcement Rules of the Patent Act.

(2) Any person who intends to take Design-related Procedures by appointing an agent shall file a report of appointing an agent and attaching a power of attorney thereto; except when filing an application for trademark registration, a report of change of design registration applicant, an oppositions to an unexamined design registration, a request for trial or retrial or in providing an answer to oppositions to an unexamined design registration, when an agent submits an application for design registration, submission of Form 20 - Report on Change of Proprietary Status, a request for trial or answer.

(3) In reporting an appointment of an agent or when an agent is appointing a subagent, Form 2 - Report appended to the Enforcement Rules of the Patent Act shall be submitted to the Commissioner of KIPO or the President of the IPT accompanied with documents verifying the contents of the report, indicating therein whether any pre-existing agent or subagent has been dismissed, as the case may be. In such a case, if the agent has become a member of a corporation under Article 6-3 (hereinafter, "Patent Company") or a patent attorney of a Patent Company and, the latter for two or more cases was represented by the agent, intends to appoint the Patent Company of which the agent is a member or a patent attorney as subagent, Form 2 - Report appended to the Enforcement Rule of the Patent Act shall be submitted to the Commissioner of KIPO or the President of the IPT.

(4) When a person following Design-related Procedures dismisses the agent, or when an agent dismisses the subagent, Form 2 - Report appended to the Enforcement Rule of the Patent Act shall be submitted to the Commissioner of KIPO or President of the IPT.

(5) When a person following Design-related Procedures amends the contents of the power of attorney, or when an agent amends the contents of the power of subagent, Form 2 - Report appended to the Enforcement Rules of the Patent Act shall be submitted to the Commissioner of KIPO or the President of the IPT accompanied with documents verifying the contents of the amendment.

(6) When an agent or subagent intends to resign, Form 2 - Report appended to the Enforcement Rules of the Patent Act shall be submitted to the Commissioner of KIPO or the President of the IPT.

(7) In cases where a person following Design-related Procedures intends to appoint or dismiss an agent, or where an agent intends to appoint or dismiss subagent, or where an agent or subagent intends to resign, and if for two or more cases the person following Design-related Procedures is the same and the agent or subagent is the same, it shall be permissible to submit in one (1) report.

Article 4-2(General Delegation) #

(1) In case of general delegation being granted without specifically limiting in advance the cases for present and future delegation in connection with following Design-related Procedures through an agent, Form 3 - Application for General Delegation Registration appended to the Enforcement Rule of the Patent Act shall be submitted to the Commissioner of KIPO, accompanied with documents verifying the contents of the delegated power.

(2) Upon receipt of an application for general delegation registration under Paragraph (1), the Commissioner of KIPO shall grant general delegation registration number and notify the applicant of the general delegation registration number.

(3) Any person who intends to follow the Design-related Procedures based on a general delegation previously granted shall indicate the general delegation registration number prescribed in the Paragraph (2) in the documents submitted to KIPO or IPT.

(4) To amend matters subject to general delegation registration under Paragraph (1), Form 3 - Application for Amendment to General Delegation Registration appended to the Enforcement Rule of the Patent Act shall be submitted to the Commissioner of KIPO, accompanied by the power of attorney on general delegation. <Newly added, July 27>

[This Article was added on June 30, 2009.]

Article 4-3(Restriction on Application of General Delegation) #

When a person with a general delegation registration under Article 4-2 intends to restrict the application of a general delegation regarding a particular case, Form 2 - Report appended to the Enforcement Rule of the Patent Act (limited to those classified as restriction report on the application of general delegation) shall be submitted to the Commissioner of KIPO or the President of the IPT; except when any of the following reports have been submitted:

1. a report indicating the dismissal of the agent or subagent who has been already appointed under the first part of Paragraph 3 of Article 4; or

2. a report indicating dismissal of the agent or the subagent under Paragraph 4 of Article 4.

[This Article was added on June 30, 2009.]

Article 4-4(Revocation of General Delegation) #

For a person who completed the registration of a general delegation under Article 4-2 to revoke such general delegation, he shall submit to the Commissioner of KIPO Form 3 - Revocation of General Delegation appended to the Enforcement Rule of the Patent Act.

[This Article was added on June 30, 2009.]

Article 4-5(Report on the Appointment of Multiple Parties' Representative etc.) #

(1) A report of the appointment of representative under the proviso shall be submitted, for cases not falling within the items enumerated in Paragraph (1) of Article 4-10 of the Act. The appointed representative shall submit Form 2 - Report appended to the Enforcement Rule of the Patent Act to the Commissioner of KIPO or the President of the IPT, attaching thereto the documents listed below, and indicating whether any already-appointed representative has been dismissed, as the case may be:

1. one (1) copy of a document verifying matters concerning an appointment or a dismissal; and

2. one (1) copy of a document verifying the right of agency in case procedures are taken through an agent.

(2) Any person who intends to report the dismissal of the representative appointed under Paragraph (1) shall submit Form 2 - Report appended to the Enforcement Rule of the Patent Act to the Commissioner of KIPO or the President of the IPT, attaching thereto the following documents:

1. one (1) copy of a document verifying the contents of the report; and

2. one (1) copy of document verifying the right of agency in case procedures are taken through an agent.

[This Article was added on June 30, 2009.]

Article 4-6(Proof of the Successor's Status, a Third Party's Approval, etc.) #

(1) When deemed necessary, the Commissioner of KIPO or the President of the IPT may request any successor of the design right or the design-related rights who intends to take Design-related Procedure to submit a document verifying his status as successor.

(2) When it is necessary for the person who intends to follow the Design-related Procedure to obtain permission, approval, consent or acceptance by a third party, that person shall submit a verified document to the Commissioner of KIPO or President of the IPT.

[This Article was added on June 30, 2009.]

Article 4-7(Submission of Verifying Documents) #

(1) Upon finding it necessary to examine the identity of the person who is following the Design-related Procedure, the Commissioner of KIPO or the President of the IPT may require the submission of the documents listed below. In such a case, identity examination shall be made by the common use of administrative information under Paragraph (1) of Article 21 of the Electronic Government Act, and conducted upon the transcript of family relationship registry, an individual copy or an extended copy of resident registration, a comprehensive copy of corporate registry (for legal entities only) or any other public documents designated by the Commissioner of KIPO, as the case may be, of the person following the Design-related Procedure.

1. certificate of nationality (for aliens only) or any other documents which serves as an identification;

2. certificate of impression seal (for those with less than six months from date of execution. For aliens, whose country lacks impression seal system, any certificate equivalent thereto.); and

3. notarized signature certificate (For aliens, any document certifying the person's correct registered signature issued by a governmental authority of his/her country.)

(2) Except for an alien who is following the Design-related Procedures who is a national of a country which is a member of Paris Convention for the Protection of Industrial Property (hereinafter, "Paris Convention".) or which has entered into a treaty with the Republic of Korea for the mutual protection of design, the Commissioner of KIPO or the President of the IPT may demand submission of any of the following documents:

1. A document verifying that the alien has a residential or a business address within the territory of any member countries of the Paris Convention, as the case may be;

2. A document verifying that the alien's country recognizes the enjoyment of design right or design-related rights by the citizens of the Republic of Korea on the same basis as the country's citizens, as the case may be; or

3. A document verifying that the alien's country recognizes the enjoyment of design right or design-related rights by people of the Republic of Korea on the same basis as the country's citizens, in case where the Republic of Korea recognizes enjoyment of design right or design-related rights by the alien.

(3) The Commissioner of KIPO, the President of the IPT, or the presiding administrative patent judge shall, upon demanding the submission of documents under Paragraph (1) and (2), send a notice of the of the documents' titles and indicate the reasons for the submission of the documents in the written order, granting an opportunity for explanation as well as the period for hearing such explanation.

Article 4-8(Granting Applicant's Code etc.) #

(1) The "persons designated by the ordinance of Ministry of Knowledge Economy" under Paragraph (1), Article 4-27 of the Act shall refer to any of the following persons:

1. applicant for registration;

2. successor to the right to design registration;

3. opponent to an unexamined design registration;

4. applicant for priority examination;

5. information tipper for the application for design registration;

6. requester for retrial;

7. requester for trial, defendant in trial and joint parties to trial;

8. design right holder;

9. exclusive licensee or non-exclusive licensee; or

10. pledge holder

(2) Any person who intends to apply for applicant's code under Paragraph (1), Article 27-4 of the Act shall submit to the Commissioner of KIPO or the President of IPT Form 4 - Application for Granting Applicant's Code appended to the Enforcement Rule of the Patent Act.

(3) A person granted with an applicant's code shall, who intends to change or correct name, address (for corporate entity, the company name and address of its business place), signature or registered seal, phone number, and submit to the Commissioner of KIPO Form 5 - Report on Amendment to Applicant's Code appended to the Enforcement Rule of the Patent Act.

(4) To correct the applicant' code which has been double granted or granted with error, the person so granted shall submit to the Commissioner of KIPO Form 5 - Report on Amendment to Applicant's Code appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of a document verifying contents of the amendment; and

2. one (1) copy of a document verifying the right of agency in case of procedures are followed through an agent.

(5) If an applicant's code has been double granted or granted with error, the Commissioner of KIPO may correct or cancel the code at his/her sole authority and discretion. In such a case, the Commissioner shall notify the person with the applicant's code of the fact of such correction or cancellation upon authority.

[This Article was added on June 30, 2009.]

Article 4-9 #

Article 4-10(Submission of Electronic Document etc.) #

(1) Electronic documents shall be electronically signed by means of software provided by KIPO or KIPO's website before submission.

(2) When submitting an electronic document in an electronic medium, Form 7 - Submission Report of Objects such as Electronic Document Attachment appended to the Enforcement Rule of the Patent Act shall be submitted to the Commissioner of KIPO or the President of the IPT. In such a case, those documents which cannot be stored in an electronic medium shall be attached to the Submission Report of Objects such as Electronic Document Attachment.

(3) In the event that a person who intends to submit the electronic document under Paragraph (1) has sent said electronic document via information network before the due date, but submission fails due to disability of information network, or disability of computer or related equipment used by KIPO, the day immediately following the day when such disability is resolved shall be deemed to be the due date.

[This Article was added on June 30, 2009.]

Article 4-11(Special Rules regarding Submission of Electronic Document) #

In case where the person taking Design-related procedures seeks online submission omits some documents which need to be compiled together upon online submission, the person shall submit Form 7 - Submission Report of Objects such as Electronic Document Attachment appended to the Enforcement Rule of the Patent Act, attaching thereto such omitted documents within three (3) days from the receipt of the number of online submission.

[This Article was added on June 30, 2009.]

Article 4-12(Method of Online Submission) #

Any person who seeks to use the online submission facility shall enter the applicant's code and password in the computer information processing system.

[This Article was added on June 30, 2009.]

Article 4-13(Special Rules for Concurrent Submission) #

(1) In case of online submission of two or more procedures that are required to be aubmitted concurrently under present laws and regulations, it shall be entered consecutively.

(2) In case of the online submission of one of those two or more procedures subject to concurrent submission under present laws and regulations and the submission of the others in an electronic recording medium or in writing, said two or more procedures shall be taken on the same day.

[This Article was added on June 30, 2009.]

Article 4-14(Application of Documents) #

(1) In case a person following Design-related Procedure is following two or more procedures at the same time and the certificates to be submitted in connection therewith under Article 4-4 through Article 4-8 and Article 8(2) or Article 23(4) have the same contents, the person may submit to the Commissioner of KIPO or the President of IPT the original copy of the certificate for one (1) case and duplicates for the other procedures.

(2) In case the person who has submitted certificates to the Commissioner of KIPO or the President of IPT while following Design-related Procedures is required to submit certificates under Article 4-4 to Article 4-8 and Article 8(2) or Article 23(4) and the contents of the certificates to be submitted are the same with contents of those already submitted, the person may state clearly the purpose of applying for it in the space reserved for the attached documents, in lieu of the certificates to be submitted.

(3) In any of the cases listed below, submission of the document verifying the agency right under Article 4-5 shall be exempted:

1. The agent appointed under Article 4 (2) is following Design-related Procedure within the scope of its authority delegated; or

2. The agent who filed general delegation registration under Article 4-2 (2) is following Design-related Procedure within the scope of its general authority delegated.

[This Article was added on June 30, 2009.]

Article 4-15(Indication of Design Registration Number etc.) #

(1) Any person who, after having his/her design right registered or has filed an application for design registration, shall submit to KIPO or IPT any document, specimen and other objects in connection with the application for the design registration, and he shall indicate the the design registration number or the application number for design registration, the name of design right holder or applicant for design registration (or company name, in case of corporate entity), the applicant's code [in the absence of such code, name and address (or company name and its business address in case of a corporate entity)], and the subject matter of design.

(2) Any person who, after filing an application for extension of design registration, shall submit to KIPO or IPT any document, specimen and other objects in connection with the application for extension of the design registration and he shall indicate the application number of for the extension of the design registration.

(3) Any person who, after filing an opposition to the unexamined design registration, or petition for trial or retrial, shall submit to KIPO or IPT any document, specimen and other objects in connection with said opposition or request, and he shall indicate the number of trial or retrial, name of the relevant party (or company name, in case of corporation), the applicant's code [in the absence of such code, name and address (or company name and its business address in case of a corporate entity)].

[This Article was added on June 30, 2009.]

Article 5(Application Form etc.) #

(1) Any person who intends to file an application for examined design registration or examined similar design registration, or application for unexamined design registration or unexamined similar design registration under Article 9 (1) and (4) of the Act shall submit to the Commissioner of KIPO Form 3 - Application for Design Registration appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of the design's drawing, photo or specimen (one (1) copy for each design, in case of multiple design registration);

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent; and

3. one (1) copy of other verifying documents under present laws and regulations.

(2) The drawing under Paragraph (1) 1 shall be prepared: in three-dimensional design drawing appended to Form 4 in case of three-dimensional design; in two-dimensional drawing appended to Form 5 in case of two-dimensional drawing; and in calligraphic drawing appended to Form 6 in case of calligraphic drawing.

(3) Any drawing set forth in Paragraph (2) which falls under any of the following may be exempted. <Amended on June 30, 2009>

1. in case of six planes from front projection view, any drawing falling under any of the following items.

a. rear-view drawing, if it is the same with front-view drawing;

b. either of lateral view drawings, if left-lateral view drawing is the same with right-lateral view drawing.

c. plane drawing or low-profile drawing if both are the same or symmetrical.

e. if there exist multiple number of same drawing other than those set forth in Item a through c, and the drawings are the same except for one (1) drawing.

f. low profile drawing, if permanently installed or fixed so that low profile is not visible.

2. any drawing other than front-view drawing in case of on-screen design which provisionally features figures in the display part on the LCD monitors etc.

3. internal view drawing, if it is the same with surface view drawing, or in case of plane design with shapeless internal view drawing.

(4) In case of the substitution of a drawing specimen under Article 9(3) of the Act, one (1) specimen as well as one (1) photo thereof shall be submitted. In such a case, the dimension of the specimen shall not exceed one (1) cm in depth, fifteen (15) cm horizontally, and twenty-two (22) cm vertically; provided that in case sheer fabric or paper is used, the requirement may be that the sum of the vertical and the horizontal length shall not exceed 200 cm.

Article 6(Public Opening Day for Application for Design Registration and Public Notice Day for Design Registration) #

(1) Public opening day for application for design registration and public notice day for design registration shall be the date on which the Publication Design Gazette or Design Registration Gazette (which refers to examined design registration gazette and unexamined design registration gazette.) is issued. <Amended on July 1, 2005>

(2) Notwithstanding Paragraph (1), in case of an opposition to unexamined design registration concerning a secret design coupled with an unexamined design registration, the date on which the design registration gazette is issued which, for provisos not included in Paragraph (3) of Article 9 of the Enforcement Decree of the Design Act (hereinafter, the "Decree".) and which contains the drawing or photo of the relevant design, essence of creation and explanation of the design, shall be deemed the public notice day for design registration. <Amended on June 30, 2009>

[Entirely amended on February 23, 1998] [Title amended on July 1, 2005]

Article 6-2(Request for Public Opening of Application for Design Registration etc.) #

(1) Any person who intends to request for the public opening of an application for design registration under Article 23-3 (1) of the Act shall submit to the Commissioner of KIPO Form 7 - Request for Public Opening of Application for Design Registration; provided that, in case the request for public opening is concurrently submitted with an application for design registration, the person may indicate such claim in the application for design registration in lieu of such request. <Amended on July 1, 2005; and June 29, 2007>

(2) Any person who is following Design-related Procedures who intends to withdraw his application for public opening of application under Paragraph (1) shall submit the Letter of Withdrawal (Applied mutatis mutandis is Form 12 - Letter of Withdrawal (Renouncement)) within ten (10) days from the day on which the Request for Public Opening of Application for Design Registration was submitted. <Newly added on May 12, 2003; February 11, 2005; July 1, 2005; and June 29, 2007>

(3) In case the request for public opening of design registration under Paragraph (1) or the submission of the letter of withdrawal under Paragraph (2) is made through an agent, one (1) copy of the document verifying the right of agency shall be attached thereto. <Amended on May 12, 2003; and June 29, 2007>

[Entirely amended onDecember 31, 1998]

[Title amended on May 12, 2003; and July 1, 2005]

Article 6-3(Providing of Information on Application for Design Registration) #

Any person who intends to provide information under Article 23-5 of the Act shall submit to the Commissioner of KIPO the Information Submission Report (Applied mutatis mutandis is Form 23 - Information Submission Report appended to the Enforcement Rule of the Patent Act), attaching thereto the following documents: <Amended on June 30, 2001; and July 1, 2005>

1. one (1) copy of any evidentiary document such as periodicals etc.; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent

[Entirely amended on December 31, 1998]

[Title amended June 30, 2001; and July 1, 2005]

Article 7(Matters to be Indicated on Design Drawings) #

(1) Descriptive matters set forth in Table 2 shall be indicated in the space provided for explaining the design drawing under Article 9 (2) of the Act. <Amended on June 30, 2001; and July 1, 2005>

(2) Omitted. <Jun 30, 2001>

(3) In case photos are submitted in lieu of drawings under Article 9 (3) of the Act, the photos shall clearly display the articles subject to the design. <Amended on December 31, 1993; and July 1, 2005>

(4) In case a specimen is submitted in lieu of drawings under Article 9 (3) of the Act, such specimen shall meet the following requirements:

1. It shall be free from destruction, deformation or degradation.

2. It can be handled or maintained with ease.

3. It would not easily come off, if it is designed to be fixed on paper.

[Title amended on July 1, 2005]

Article 8(Method to Indicate Essences of the Creation) #

In the space for essences of creation of drawing under Article 9 (2) of the Act, description shall be made in accordance with the method set forth in Table 3. <Amended on December 31, 1993>

[Title amended on December 31, 1993]

Article 9(Classification of Articles etc.) #

(1) Classification of articles under Article 11 (2) of the Act shall be publicly noted by the Commissioner of KIPO with their purposes and functions fully considered within the scope set forth in Table 4. In this connection, classification of articles are intended for consistency in preparing application for design registration and for the uniform references of terminology and not for defining scope of similarity among the design articles. <Amended on June 30, 2009>

(2) A set of articles under Article 12 (2) of the Act shall be as set forth in Table 5.

(3) Articles eligible for application for unexamined design registration under Article 9 (6) of the Act shall be any of the following articles: <Amended on June 29, 2007; and December 30, 2009>

1. Those articles included within the scope set forth in Table 2, and the articles belonging to class A1, B1, B2, B5, C1, F1, F2, F3, F4 and M1.

2. articles relating to on-screen design which provisionally features figures in the display part on the LCD monitors etc.

(4) Articles eligible for application for multiple design registration under Article 11-2 (2) of the Act shall be those in the same category falling under the classification set forth in Table 4. <Newly added on February 23, 1998; June 30, 2001; July 1, 2005; and December 30, 2009>

Article 10(Submission of Documents Verifying Priority Rights, etc.) #

(1) Any person who has priority rights under Article 23 (3) of the Act shall submit to the Commissioner of KIPO a Submission Report of Documents Verifying Priority Rights (Applied mutatis mutandis is Form 13 - Document Submission Report appended to Enforcement Rule of the Patent Act). In case procedures are followed by an agent, one (1) copy of a document verifying the right of agency shall be attached thereto.

(2) If necessary for examination and trial, the Commissioner of KIPO or the President of the IPT may request the person who has priority rights under Paragraph (1) to submit Korean translation of the documents verifying the priority rights, granting a period of at least one (1) month.

(3) The person who is requested to submit the Korean translation under Paragraph (2) shall submit it within so granted period; provided that the Korean translation for the part of documents verifying the right of priority which is identical with the contents of drawing attached to the application for design registration submitted under Article 5 (1) may be exempted.

[Entirely amended June 29, 2007]

Article 10-2(Correction of Request for Trial, etc.) #

Any person who intends to make correction under Article 17 or 72-4 of the Act shall submit to the Commissioner of KIPO, the President of the IPT, or the presiding administrative patent judge thw appended Form 2 - Correction Form, attaching thereto the following documents:

1. one (1) copy of a document verifying the contents of correction; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

[This Article was added on June 30, 2009]

Article 10-3(Submission of Documents etc.) #

(1) A person following Design-related Procedures who has been ordered by the Commissioner of KIPO, the President of the IPT, the presiding administrative patent judge, or an examiner to submit documents, specimens and other objects shall submit them in a submission report of objects such as Form 7 - Submission Report of Electronic Document Attachment and Objects appended to the Enforcement Rule of the Patent Act.

(2) In case such submission is made through an agent, a document verifying the right of agency shall be attached to the documentation under Paragraph (1).

[This Article was added on June 30, 2009]

Article 10-4(Return of Objects) #

A person who intends to retrieve the specimen or evidentiary objects submitted to the Commissioner of KIPO or the President of the IPT shall indicate the purport in writing when submitting them.

[This Article was added on June 30, 2009]

Article 10-5(Designation of Period) #

(1) The period for correction which may be designated by the Commissioner of KIPO, the President of the IPT, or the presiding administrative patent judge under Article 17 or 72-4 of the Act shall be within one (1) month, and the period which may be designated by the Commissioner of KIPO, the President of the IPT, the presiding administrative patent judge, or an examiner under Article 27 (1) of the Act shall be within two (2) months.

(2) Request for extension under Article 4-14 (1) and request for abridgement or extension under Article 4-14 (2) of the Act shall be in Form 10 - Request for Extension of Period (Abridgement) appended to the Enforcement Rule of the Patent Act; provided that, the person who requests abridgement concurrently with correction under Article 18 (5) of the Act may indicate the purport of the abridgement in the appended Form 2 - Correction Form in lieu of request for abridgement.

(3) In case procedures are followed through an agent, the document verifying the right of agency shall be attached to the form under Paragraph (2).

(4) The additional period which may be designated ex officio by the presiding trial examiner under Article 75 (5) shall be within one (1) month.

[This Article was added on June 30, 2009]

Article 10-6(Request for Reconsideration after Period Expiry) #

Any person who intends to file a request for revocation of invalidation under Article 4-15 (2) and request for subsequent completion under Article 4-16 of the Act shall submit to the Commissioner of KIPO or the President of the IPT Form 10 - Request Form appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of a document verifying the cause of failure to meet the due period; and

2. one (1) copy of document verifying the right of agency in case procedures are followed through an agent.

[This Article was added on June 30, 2009]

Article 10-7 #

Article 10-8(Request for Resumption of Procedure) #

Any person who intend to file a request for resumption of procedure under Article 4-21 (1) of the Act shall submit to the Commissioner of KIPO or the President of the IPT Form 11 - Request for Resumption of Procedure appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of document verifying the cause of resumption of procedure; and

2. one (1) copy of document verifying the right of agency in case of procedures are followed through an agent.

[This Article was added on June 30, 2009]

Article 10-9(Abandonment or Withdrawal) #

(1) Any person following Design-related Procedure who intends to abandon or withdraw from the procedure shall submit to the Commissioner of KIPO Form 12 - Request for Abandonment or Request for Withdrawal appended to the Enforcement Rule of the Patent Act.

(2) Any person having priority rights under Article 23 (1) of the Act who intends to withdraw said right shall submit to the Commissioner of KIPO or the President of the IPT Form 12 -Request for Withdrawal appended to the Enforcement Rules of the Patent Act.

(3) In case procedures are followed through an agent, the document verifying the right of agency shall be attached to the forms under Paragraph (1) and (2).

[This Article was added on June 30, 2009]

Article 10-10(Submission of Documents Verifying Applicability of Exception to Loss of Novelty) #

In case a person intending to invoke exception to loss of novelty under Article 8 (2) submits verifying documents, it shall be submitted in Form 13 - Document Submission Report appended to Enforcement Rules of the Patent Act; provided that, the person who submits such verifying documents concurrently with the application for design registration may indicate the purport of the submission of said verifying documents in the application form in lieu of the Submission Report.

[This Article was added on June 30, 2009]

Article 10-11(Notice of Design Registration Application Number) #

Upon accepting the application for design registration, the Commissioner of KIPO shall send to the applicant for design registration the Notice of Design Registration Application Number which shall bear date of application for design registration.

[This Article was added on June 30, 2009]

Article 10-12(Report of Change of the Applicant for Design Registration) #

(1) Any person who intends to report a change of the applicant for design registration under Article 24 (3) of the Act shall submit to the Commissioner of KIPO Form 20 - Report on Change of Proprietary Status appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents, on or before the successful completion of the application for design registration:

1. one (1) copy of a document verifying the cause of the change of the applicant for design registration;

2. one (1) copy of a document verifying that a third party's permission, approval, consent or acceptance has been obtained, if required; and

3. one (1) copy of document verifying the right of agency in case procedures are followed through an agent.

(2) An applicant for design registration who intends to report a change of the applicant for design registration under Paragraph (1) concerning two or more applications for design registration shall be allowed to submit one report only, if the contents of the report are the same.

[This Article was added June 30, 2009]

Article 10-13(Indication of Shares etc.) #

(1) In case where two or more persons jointly file an application for design registration or report a change of applicant for design registration under Article 24 (3) or (4) of the Act, based on their agreement of shares with regards to causes for application for design registration, rights of successor or an agreement under proviso of Article 268 (1) of the Civil Act, as the case may be, they shall indicate such purport in the Application for Design Registration or Report on Change of Proprietary Status and submit documents verifying this to the Commissioner of KIPO.

(2) Any person who intends to change the shares of applicants shall submit to the Commissioner of KIPO Form 20 - Report on Change of Proprietary Status appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of a document verifying the cause of the change of shares; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

[This Article was added on June 30, 2009]

Article 10-14(Addition to Authors) #

(1) If some of the authors are omitted or indicated with error in the application for design registration by mistake of the applicant for design registration, the appropriate addition or correction may be made before the decision is made whether to grant the design registration applied; provided that, such omission (only for omission of authors indicated in the application for design registration) or error is self-evident, said addition or correction may be made even after the decision is made whether to grant the design registration applied.

(2) An applicant for design registration or a holder of a design right who intends to add or correct an application under Paragraph (1) shall submit to the Commissioner of KIPO the correction form or application form set forth in the following:

1. appended Form 2 - Correction Form: on or before the successful completion of the application for design rights; or

2. Form 29 - Application for Correction and Issuance appended to the Enforcement Rule of the Patent Act, after successful completion of the application to design rights.

(3) In case procedures are followed through an agent, a document verifying the right of agency shall be attached to the forms under Paragraph (2).

[This Article was added on June 30, 2009]

Article 10-15(Submission of Documents etc. for Claim of Right of Priority) #

(1) An applicant for design registration in a foreign country who intends to request for the issuance of certificate in order to claim a priority right regarding the application for design registration under Article 4D(1) of the Paris Convention shall submit to the Commissioner of KIPO Form - 19 Request Form appended to the Enforcement Rules of the Patent Act.

(2) In case procedures are followed through an agent, a document verifying the right of agency shall be attached to the forms under Paragraph (1).

[This Article was added on June 30, 2009]

Article 10-16(Reference Material for Examination) #

An applicant for design registration may submit reference materials for examination to the Commissioner of KIPO, the President of the IPT, or the presiding administrative patent judge using Form 23 - Information Submission Report appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of reference materials; and

2. one (1) copy of document verifying the right of agency in case procedures are followed through an agent.

[This Article was added on June 30, 2009]

Article 11(Division of Application) #

(1) Any person who, falling under Article 19 (1) 1 or 2, intends to separate a part of the application for design registration into one (1) or more new application for design registration shall correct the contents of original application into one (1) or more application for design registration and, with respect to the separated design, concurrently submit appended Form 3 - Application for Design Registration to the Commissioner of KIPO, attaching thereto the following documents: <Amended on June 30, 2001; July 1, 2005; and June 29, 2007>

1. one (1) copy of a drawing (photo, specimen) (one (1) copy for each design in case of application for multiple design registration;

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent; and

3. one (1) copy of other evidentiary documents designated by present laws and regulations.

(2) Omitted <June 30, 2001>

(3) Omitted <June 30, 2001>

[Entirely amended on December 31, 1998]

Article 12 #

Omitted <July 1, 2005>

Article 12-2 #

Omitted <July 1, 2005>

Article 13(Application by Lawful Right Holder) #

In case where a lawful right holder intends to apply for design registration under Article 14 or 15, said holder shall submit appended Form 3 - Application for Design Registration to the Commissioner of KIPO, attaching thereto the following documents: <Amended on June 30, 2001; July 1, 2005; and June 29, 2007>

1. one (1) copy of drawing (photo, specimen) (one (1) copy for each design in case of application for multiple design registration;

2. one (1) copy of document verifying the status of lawful right holder; and

3. one (1) copy of document verifying the right of agency in case procedures are followed through an agent.

[Entirely amended on December 31, 1998]

Article 14(Notification to Lawful Right Holder) #

In the event that that the application for design registration has been filed by a person with no lawful right, such application for design registration shall be rejected, revoked, cause the dismissal of request for trial concerning decision to reject design registration or cause the decision to revoke the design registration, or final decision of trial on invalidation of design registration, and the Commissioner of KIPO or President of the IPT shall heretofore send notices to the lawful right holder thereof in writing. <Amended on February 23, 1998; June 30, 2001; and July 1, 2005 >

Article 15 #

Report of the Result of Agreement(1) Persons who agreed upon one (1) application for design registration and filed a report under Article 16 (5) of the Act or persons who agreed upon one (1) application and report a change under Article 24 (5) of the Act shall submit to the Commissioner of KIPO Form 20 - Report on Change of Proprietary Status appended to the Enforcement Rules of the Patent Act, attaching thereto the following documents:

1. one (1) copy of a document verifying the existence of the agreement bearing the signature or name and seal affixation of all of the participants; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

(2) In submitting the report under Paragraph (1), the procedures agreed upon shall be concurrently taken with respect to competing applications or report to change applicant.

[Entirely amended on June 30, 2009]

Article 15-2(Cancellation of Specialized Search Organization) #

(1) The criteria for cancellation of specialized search organization and business suspension under Article 25-3 (1) of the Act shall be as set forth in Table 7.

(2) Upon cancelling specialized search organization, the Commissioner of KIPO shall issue a public notice thereof.

[This Article was added on June 30, 2009]

Article 15-3(Request for Preferential Examination) #

Any person who intends to request for preferential examination under Article 25-4 of the Act shall submit to the Commissioner of KIPO Form 22 - Report on Change of Proprietary Status appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of the explication of request for preferential examination which indicates matters set by the Commissioner of KIPO; and

2. one (1) copy of a document verifying the right of agency, in case procedures are followed through an agent.

[This Article was added on June 30, 2009]

Article 16(Order of Examination) #

Examination of applications for design registration shall be conducted in accordance with the order of application. <Amended on July 1, 2005>

Article 16-2(Examination of the Same Application) #

If there exist two or more applications for design registration for the same design, examination of later application shall be set aside until the former application is processed, publicly opened, or publicly notified of its registration; except where later application is rejected on the same ground that the former application would be rejected.

[This Article was added on June 30, 2009]

Article 17 #

Request for Keeping Design Secret etc. (1) Any person who intends to request to keep the design secret under Article 13 (1) and (2) of the Act shall submit to the Commissioner of KIPO appended Form 3 - Application for Design Registration Report or Form 8 - Request for Keeping Design Secret. <Newly added on June 29, 2007>

(2) Upon receiving the request for confidentiality guarantee under Paragraph (1), the Commissioner of KIPO shall indicate the period for such confidentiality guarantee in the Decision for Design Registration. <Amended on July 1, 2005; and June 29, 2007>

(3) Any person who intends to abridge or extend the confidentiality period under Article 13 (3) shall submit to the Commissioner of KIPO a request for the extension (abridgement) of the design confidentiality period (applied mutatis mutandis is From 10 - Request for Period Extension (Abridgment and reconsideration of failure to meet due period)). In case procedures are followed through an agent, the document verifying such right of agency shall be attached thereto. <Amended on July 1, 2005; and June 29, 2007>

[Entirely amended on June 30, 2001] [Title amended on June 29, 2007]

Article 17-2(Decision to Reject Amendment) #

A decision to reject amendment under Article 18-2 (1) of the Act shall be made in a written instrument stating the following matters:

1. design registration application number;

2. articles subject to design registration;

3. name and entity name of the design registration applicant (in case of corporate entity, company name and its business address);

4. name and address, or business address of the agent if the design registration applicant is represented by an agent, (if such an agent is patent corporation, entity name and address of the office and name of the assigned patent attorney);

5. summary and the reason for the decision for dismissal; and

6. day, month, and year of the decision for dismissal.

[This Article was added on June 30, 2009]

Article 18(Notice of Reason for Rejection) #

(1) The examiner, in order to give notice on the decision on the matters listed below shall report it to the Commissioner of KIPO, prepare the decision statement or letter of notice, and indicate his name and fix his seal thereon. <Amended on February 23, 1998; June 30, 2001; February 11, 2005; July 1, 2005; and June 29, 2007>

1. Decision to reject amendment under Article 18-2 (1) of the Act

2. Notice of reason for rejection under Article 27 of the Act

3. Decision on the opposition to unexamined design registration under Article 29-8 (1)

(2) Any person who intends to submit an opinion under Article 27, 29-5, and 71 of the Act shall submit to the Commissioner of KIPO, the President of the IPT, or the presiding administrative patent judge appended Form 1 - Opinion Letter, attaching thereto the following documents: <Amended on December 31, 1998; June 30, 2001; February 11, 2005; and June 29, 2007>

1. one (1) copy of a document verifying the contents of the opinion; and

2. one (1) copy of document verifying the right of agency in case procedures are followed through an agent.

[Title amended on February 23, 1998]

Article 19(Decision Whether to Register Design Applied for) #

The examiner, in making a decision to reject or process the application for design registration, shall report to the Commissioner of KIPO and prepare the grounds of Decision to reject Design Registration or Decision for the Processing of the Design Registration stating the matters listed as below, indicating therein his/her name and impression seal thereon. <Amended June 30, 2001; and July 1, 2005>

1. the name and address of the applicant for design registration (in case of corporate entity, company name and its business address);

2. the name and address, or business address of the agent if the design registration applicant is represented by an agent, (if such an agent is patent corporation, entity name and address of the office and name of the assigned patent attorney);

3. design registration application number;

4. articles subject to design;

5. A summary and reasons of the decision;

6. day, month, and year of the notice of reason for rejection (only for decisions rejecting design registration); and

7. day, month, and year of the decision

[Title amended on June 30, 2001; and July 1, 2005]

Article 20(Opposition to Unexamined Design Registration etc.) #

(1) Any person who intends to oppose the unexamined design registration under Article 29-2 of the Act shall submit to the Commissioner of KIPO appended Form 9 - Opposition to Unexamined Design Registration, attaching thereto the documents listed below. In this connection, for designs registered on application for multiple design registration, the person may submit an opposition to each registered design subject to opposition to unexamined design registration. <Amended on December 31, 1998; June 30, 2001; February 28, 2002; May 12, 2003; February 11, 2005; July 1, 2005; and June 29, 2007>

1. Omitted. <February 28, 2002>

2. one (1) copy of a document verifying the matters subject to opposition;

3. one (1) copy of document verifying the right of agency in case procedures are followed through an agent; and

4. one (1) copy of a document verifying the fact that the applicant for unexamined design registration has no right to do so (only for application for unexamined design registration by a lawful right holder).

(2) Any person who intends to submit an answer to an opposition under Article 29-2 (3) of the Act shall submit to the Commissioner of KIPO appended Form 1 - Answer Form, attaching thereto the following documents: <Amended on December 31, 1998; February 28, 2002; February 11, 2005; and June 29, 2007>

1. Deleted. <February 28, 2002>

2. one (1) copy of a document verifying the contents of the answer; and

3. one (1) copy of document verifying the right of agency in case procedures are followed through an agent.

(3) Any person who intends to submit opinion to answer to opposition under Paragraph (2) and a person who intends to re-answer to said opinion shall submit to the Commissioner of KIPO appended Form 1 - Opinion (Answer) Form, attaching thereto the following documents: <Newly inserted February 28, 2002; February 11, 2005; and June 29, 2007>

1. one (1) copy of a document verifying the contents of the answer; and

2. one (1) copy of document verifying the right of agency in case procedures are followed through an agent.

(4) A person who intends to amend a ground for opposition to unexamined design registration etc. under Article 29-3 of the Act shall submit to the Commissioner of KIPO appended Form 2 - Amendment, attaching thereto the following documents: <Newly inserted on June 29, 2007>

Article 20-2(Abandonment of Specific Designs) #

A person who intends to abandon a particular design under Article 31-2 (1) of the Act shall indicate the purport in the payment form (Applied mutatis mutandis is Form 16 - Payment Form appended to the Enforcement Rule of the Patent Registration Act.) and submit to the Commissioner of KIPO the Abandonment of Some Designs (Applied mutatis mutandis is Form 12 - Request for Withdrawal (Abandonment) appended to the Enforcement Rules of the Patent Act.) together with said payment form, if abandonment fee is required. <Amended on July 1, 2005>

[This Article was added on June 30, 2001]

[Title amended on July 1, 2005]

Article 20-3(Revival of an Application for Design Registration or a Design Right by Additional Payment of Registration Fees or Deferral for Preservation) #

(1) A person who intends to make late payment of registration fees or preservation under Article 33-3(1) of the Act shall indicate the purport in the payment form (Applied mutatis mutandis is Form 16 - Payment Form appended to the Enforcement Rule of the Patent Registration Act.) and submit it to the Commissioner of KIPO, attaching thereto the following documents: <Amended on May 12, 2003; February 11, 2005; July 1, 2005; Sep. 1, 2005; and June 29, 2007>

1. one (1) copy of a document verifying the fact that the design registration applicant or design right holder has failed to make payment within due period by the reason of the failure beyond the applicant's responsibility; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

(2) A person who intends to apply for the revival of an application for design registration under Article 33-3 of the Act (3) shall indicate the purport in the payment form (Applied mutatis mutandis is Form 16 - Payment Form appended to the Enforcement Rules of the Patent Registration Ordinance.) and submit it to the Commissioner of KIPO, attaching thereto the following documents: <This Article was added on September 1, 2005; and June 29, 2007>

1. one (1) copy of a document verifying the fact that the registered design was under implementation during the period for late payment or at time of expiry of preservation period; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

[This Article was added on June 30, 2001]

[Title amended May 12, 2003; July 1, 2005]

Article 20-4(Request for Verification for Confidential Design Registration) #

A person who intends to request the Commissioner of KIPO for verifying documents under Article 62 (2) of the Act shall submit to the Commissioner of KIPO a Request for Verification for Confidential Design Registration (Applied mutatis mutandis is Form 19 - Request for Verification appended to the Enforcement Rules of the Patent Act.). <Amended on June 29, 2007>

[This Article was added on July 1, 2005.]

Article 21(Issuance of Design Registration) #

(1) Upon granting the registration of design right, the Commissioner of KIPO shall, under Article 38 (1) of the Act, issue to the design right holder the certificate of design registration of appended Forms 10 to 13 and 15. <Amended on April 28, 2006; and June 29, 2007>

(2) When requested by the person who has succeeded the design right due to transfer under Article 46 of the Act or any other cause, the Commissioner of KIPO may issue the design registration certificate under Paragraph (1). <Newly added on April 28, 2006>

(3) When issuing the design registration certificate with amendments under Article 38 (2) of the Act, the Commissioner of KIPO shall indicate the amended matters in the space for amendment of appended Form 14 and issue it by compiling it with the relevant design registration certificate. <Amended on July 1, 2005; April 28, 2006; and June 29, 2007>

[Title amended on July 1, 2005; and April 28, 2006]

Article 21-2(Issuance of Portable Design Registration Certificate) #

(1) When requested by a design right holder, the Commissioner of KIPO may issue portable design registration certificate of appended Forms 16 to 20. <Amended on June 29, 2007>

(2) If the portable design registration certificate under Paragraph (1) does not coincide with the original design registration or other documents, the Commissioner of KIPO shall, upon a request by the holder of the design right or ex officio, recall the portable design registration certificate and re-issue it after amendment thereof or issue new portable design registration certificate. In case of re-issuing after amendment, the Commissioner shall indicate the amendment and fix seal in the space for matters for registration on appended Form 16 to 20 and issue it. <Amended on June 29, 2007>

[This Article was added on April 28, 2006]

Article 21-3 #

Article 22(Request for the Issuance of Design Registration Certificate etc.) #

(1) Any person who intends to file an application falling under any of the cases listed below, shall submit to the Commissioner of KIPO Form 29 - Request Form appended to the Enforcement Rule of the Patent Act:

1. Application for the issuance of design registration under the Article 21-2;

2. Application for the issuance of portable design registration under the Article 21-2 (1);

3. Application for the reissuance of design registration or portable design registration under the Article 21-3.

(2) Any person who intends to receive issuance with amendment of design registration or portable design registration shall submit to the Commissioner of KIPO Form 29 - Request Form appended to the Enforcement Rule of the Patent Act, attaching thereto the design registration certificate or portable design registration certificate.

(3) In case procedures are followed through an agent, a document verifying the rights of agency shall be attached to the forms under Paragraph (1) and (2).

[Entirely amended on June 30, 2009]

Article 23(Public Notice of the Extinguishment of Design Right) #

Upon extinguishment of design right under Article 59 of the Act, the Commissioner of KIPO shall post public notice thereof in the Design Gazette. <Amended on July 1, 2005>

[Title amended on July 1, 2005]

Article 24(Request for Trial) #

(1) Any person who intends to file a request for trial under Article 68 and 69 of the Act shall submit to the President of the IPT the Request for Trial (Applied mutatis mutandis is Form 31 - Request for Trial appended to the Enforcement Rule of the Patent Act.), attaching thereto the documents listed below. In case of multiple design registration, such request for trial may be submitted for each design subject to request for trial. <Amended on February 23, 1998; December 31, 1998; June 30, 2001; February 11, 2005; July 1, 2005; and June 29, 2007>

1. Omitted <February 28, 2002>

2. drawing (only for trial for confirmation of scope of right); and

3. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

(2) Any person who intends to file a request for trial under Article 67-2,3 and 70 of the Act shall submit to the President of IPT the Request for Trial (Applied mutatis mutandis is Form 31 - Request for Trial appended to the Enforcement Rule of the Patent Act.), <Amended on February 28, 2002; February 11, 2005; and June 29, 2007>

(3) Omitted. <June 29, 2007>

Article 24-2(Notice of Trial Number etc.) #

(1) Upon receiving a request for trial, the President of IPT shall grant trial number and designate an administrative patent judges to form a tribunal bench for the case.

(2) Upon designating administrative patent judges under Paragraph (1) or upon any change of administrative patent judges, the President of IPT shall notify the relevant party thereof in writing or by facsimile.

[This Article was added on June 30, 2009.]

Article 24-3(Answer Form etc.) #

(1) Any person who intends to file an answer form under Article 72-10 (1) of the Act shall submit appended Form 1 - Answer Form to the President of IPT or the presiding administrative patent judge.

(2) Any person who intends to file an opinion under Article 72-10 (3), 72-20 (2), 72-23 (1) or 71 of the Act shall submit Form 1 - Answer Form to the President of IPT or the presiding administrative patent judge.

[This Article was added on June 30, 2009.]

Article 24-4(Request for Exclusion etc.) #

Any person who intends to file a request for the exclusion of an administrative judge under Article 72-12 or 72-13 (1) of the Act shall submit to the President of IPT Form 33 - Request Concerning Trial appended to the Enforcement Rules of the Patent Act.

[This Article was added on June 30, 2009.]

Article 24-5(Request for Intervention) #

Any person who intends to intervene in a trial under Article 72-20 of the Act shall submit to the President of IPT or the presiding administrative patent judge Form 33 - Request regarding Trial appended to the Enforcement Rules of the Patent Act.

[This Article was added on June 30, 2009.]

Article 24-6(Attachment of Evidence) #

(1) Request for trial, answer form, opinion letter and other documents related to trial shall be filed with evidentiary material attached thereto.

(2) The documents to be attached under Paragraph (1) shall be the comprehensive transcript in case of a document, or a replica or photo which serves as a substitute for the real matter in case of an object; provided that in case of the additional submission of specimens or objects, the submitter shall indicate the purport of submitting additional specimens or objects in documents related to trial and submit it as attachment to Form 7 - Submission Report of Electronic Document Attachment and Objects appended to the Enforcement Rule of the Patent Act.

(3) The specimens under Paragraph (2) shall be compiled with their drawings or explanations if no drawings are attached.

(4) Any person who intends to file a request for the preservation of evidence under Article 72-21 shall submit to the President of IPT or the presiding administrative patent judge Form 33 - Request Concerning Trial appended to the Enforcement Rule of the Patent Act.

(5) In case procedures are followed through an agent, a document verifying the right of agency shall be attached to the form under Paragraph (4).

[This Article was added on June 30, 2009.]

Article 24-7(Examiner's Opinion Letter) #

If necessary for trial, the President of IPT may send a duplicate of the relevant request for trial to the Commissioner of KIPO, and request the Commissioner to submit the opinion of the examiner concerned.

[This Article was added on June 30, 2009.]

Article 24-8(Oral Hearing) #

(1) Parties to the trial who intend to conduct oral hearing under Article 72-18 (1) of the Act shall submit to the President of IPT or the presiding administrative patent judge Form 33 - Request Concerning Trial appended to the Enforcement Rule of the Patent Act.

(2) The language to be used for oral hearing shall be Korean.

[This Article was added on June 30, 2009.]

Article 24-9(Call of Witness etc.) #

(1) The parties to the trial who intends to present witnesses shall submit to the President of IPT or the presiding administrative patent judge Form 33 - Request Concerning Trial appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of a document describing the ground for the need of the call of the witness and the matters to be questioned; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

(2) The parties or joint parties to the trial who intends to request an on-site inspection shall submit to the President of IPT or the presiding administrative patent judge Form 33 - Request Concerning Trial appended to the Enforcement Rule of the Patent Act.

[This Article was added on June 30, 2009.]

Article 24-10(Withdrawal of Request for Trial etc.) #

(1) Any person who intends to withdraw a request for trial shall submit to the President of IPT or the presiding administrative patent judge Form 12 - Withdrawal Form appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of a document verifying the opponent's consent, if such consent is required; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

(2) Upon the withdrawal of a request for trial, the presiding administrative patent judge shall notify in writing the parties, joint parties, or those who filed for intervention but were rejected.

(3) Those joint parties who intend to withdraw an intervention shall submit to the President of IPT or the presiding administrative patent judge Form 12 - Withdrawal Form appended to the Enforcement Rule of the Patent Act.

[This Article was added on June 30, 2009.]

Article 24-11(Documents Submitted After Notice of Hearing Closure) #

(1) Documents submitted after a notice of hearing closure was issued under Article 72-26 (3) of he Act shall not be referred to for trial decision, and such documents shall be returned to the parties or joint parties only upon request; except where the hearing has resumed under Article 72-26 (4) before such return.

(2) Any person who intends to withdraw a request for trial shall submit to the President of IPT or the presiding administrative patent judge Form 12 - Withdrawal Form appended to the Enforcement Rules of the Patent Act, attaching thereto the following documents:

[This Article was added on June 30, 2009.]

Article 24-12(Request of Rehearing) #

The parties or joint parties who intend to request of rehearing shall submit to the President of IPT or the presiding administrative patent judge Form 33 - Request Concerning Trial appended to the Enforcement Rule of the Patent Act.

[This Article was added on June 30, 2009.]

Article 24-13(Written Decision of Trial) #

The written final decision of trial indicates the matters listed below, on which the administrative patent judges shall enter their names and signatures:

1. trial number;

2. name and address of the parties or joint parties (or applicant for intervention) (in case of corporate entity, company name and its business address);

3. name and address, or business address of the agent if the parties or joint parties are represented by an agent, (if such an agent is a patent corporation, entity name and address of the office and name of the assigned patent attorney);

4. indication of trial case;

5. summary of the decision and the reasoning of the decision; and

6. t decision date, month, and year.

[This Article was added on June 30, 2009.]

Article 24-14(Cost for Trial) #

Any person who intends to file a request for the determination of cost for trial shall submit to the President of IPT Form 34 - Request Form appended to the Enforcement Rule of the Patent Act, attaching thereto the following documents:

1. one (1) copy of each cost breakdown and a document verifying it; and

2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

[This Article was added on June 30, 2009.]

Article 25(Provisions Applied Mutatis Mutandis) #

With respect to a trial against a decision to reject an amendment under Article 67-2 of the Act and a trial against a decision to refuse or revoke design registration under Article 67-3 of the Act, Article 17-2 and 18 (2) shall be applied mutatis mutandis.

[This Article was added on June 30, 2009.]

Article 26(Request for Retrial) #

Any person who intends to file a request for retrial shall submit to the President of IPT a request for retrial (Applied mutatis mutandis is Form 31 - Request for Trial appended to the Enforcement Rule of the Patent Act), attaching thereto the following documents: <Amended on February 23, 1998; December 31, 1998; February 11, 2005; and June 29, 2007>

1. Omitted. <February 28, 2002>

2. drawing (only for trial for confirmation of scope of right); and

3. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.

Article 27(Design Registration Marking) #

For design registration marking under Article 79, the letter meaning registered design and its registration number shall be marked on the article or container or wrap thereof. <Amended on July 1, 2005>

[Title amended on July 1, 2005]

Article 28(Inspection of Documents etc.) #

(1) An application for design registration or a trial certificate, a certified copy or extract of documents, or a request to inspect (or a copy) of the Design Register (individual or comprehensive) or other documents under Article 76 of the Act shall be filed in Form 29 appended to Enforcement Rule of the Patent Act, and certificate of fact of request for trial, a certificate of fact of final decision granted and a certificate of trial decision processed shall be in Form 19 appended to Enforcement Rule of the Patent Act; provided that, in case where the person requests for issuance of copy of comprehensive or individual transcript of a document by fax or orally (including phone conversation), the person shall submit the relevant application form not later than the issuance thereof.

(2) In case of an agent, a document verifying the right of agency shall be attached to the form under Paragraph (1).

[Entirely amended on June 30, 2009]

Article 29(Designation of an Agency for Digitizing Design Documents) #

(1) A "legal entity that meets the standards of facilities and human resources as prescribed by ordinance of the Ministry of Knowledge Economy" shall refer to a legal entity which shall:

1. be suitable for keeping confidentiality of design under application for registration;

2. retain one (1) or more person who is a college graduate with experience of equal to or more than nine (9) years in the field of computer information processing and own gears suitable for efficient performance of digitalizing design documents such as data input and saving devices; and

3. have no officer or worker who maintain double office with another institution engaging in business under Article 2 of the Patent Attorney Act nor a patent attorney registered under Article 5 of the same Act.

(2) Any person who intends to be commissioned with the digitalization of design documents under Article 77-2 (1) of the Act shall submit an application to the Commissioner of KIPO, attaching thereto the documents listed below. In this case, the government official in charge shall inspect the applicant's comprehensive transcript of corporate registry through common use of administrative information under Article 21 (1) of the Digital Government Act.

1. Business Prospectus (including flow chart of operation);

2. Business performance report (only if it has experience with similar operation);

3. Description of current retention of equipment and experts; and

4. List of assets and balance sheet for the fiscal year previous to the fiscal year in which the date of application belongs.

(3) Upon finding it necessary for the efficient performance of digitalization of design documents, the Commissioner of KIPO may commission work of digitalization of design documents to two or more institutions.

(4) Upon finding it necessary for the efficient performance of keeping secret the design under registration process as well as for digitalization of design documents, the Commissioner of KIPO may demand correction from the commissioned institutions (hereinafter, "Agency for Digitizing Design Documents".)

[This Article was added on June 30, 2009.]

Article 30 #

Work Rules for Agency for Digitizing Design Documents(1) An Agency for Digitizing Design Documents shall set forth work rules for digitalization of design documents, subject to the approval of the Commissioner of KIPO. The same shall apply in case of changing the rules.

(2) The work rules prescribed in Paragraph (1) shall include the following:

1. matters concerning implementation method and procedures of work of digitalization of design documents;

2. matters concerning preservation of books, documents and data;

3. matters concerning keeping the confidentiality of information acquired in connection with digitalization of design documents; and

4. other matters necessary for digitalization of design documents.

[This Article was added on June 30, 2009.]

Article 31(Documents subject to Digitalization) #

Documents eligible for digitalization under Article 77-2 (3) of the Act shall exclude the following documents:

1. Submission Report of Electronic Document Attachment and Objects (only when submitting electronic recording medium)

2. request for amendment to digitalized contents

3. request for issuance (applicable only to comprehensive or individual transcript of documents)

4. request for certificate (applicable only to certificate of fact of request for trial, certificate of fact of final decision granted and certificate of trial decision processed)

[This Article was added on June 30, 2009.]

Article 32(Notice and Request for Amendment of Digitalized Contents) #

(1) The Commissioner or the President of IPT shall, if completing digitalization of application for design registration or request for amendment (applicable only to correction of contents such as drawings) or any other documents the confirmation of which is deemed necessary, notify the applicant of the contents so digitalized.

(2) The applicants notified under Paragraph (1) shall, if the digitalized contents do not conform to the contents submitted in writing, submit to the President of IPT Form 59 - Request for Correction of Digitalized Contents appended to the Enforcement Rule of the Patent Act within thirty (30) days from the receipt of the notice.

[This Article was added on June 30, 2009.]

Article 33(The Publishing Medium for Design Gazette) #

The electronic media under Article 78 (2) shall be in read-only optical disc or information communication network.

[This Article was added on June 30, 2009.]