Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Act on Facilitation of Management and Utilization of Industrial Property Information and those necessary for the enforcement thereof.
Article 2(Formulation and modification of master plan) #
(1) The Minister of Intellectual Property shall formulate a master plan (hereinafter referred to as "master plan") under Article 5 (1) of the Act on Facilitation of Management and Utilization of Industrial Property Information (hereinafter referred to as the "Act") in consultation with the heads of relevant central administrative agencies by December 31 of the year preceding the year in which the master plan is implemented. <Amended on Oct. 1, 2025>
(2) The Minister of Intellectual Property shall prepare guidelines for formulating a master plan in consultation with the heads of relevant central administrative agencies so that the master plan can be formulated efficiently. <Amended on Oct. 1, 2025>
(3) The Minister of Intellectual Property shall notify the heads of relevant central administrative agencies of the guidelines for formulating a master plan prepared pursuant to paragraph (2) by January 31 of the year preceding the year in which the master plan is implemented. <Amended on Oct. 1, 2025>
(4) The heads of the relevant central administrative agencies shall prepare a plan for the sectors under their jurisdiction in accordance with the guidelines for formulating a master plan notified pursuant to paragraph (3) and submit the plan to the Minister of Intellectual Property by no later than August 31 of the year preceding the year in which the master plan is implemented. <Amended on Oct. 1, 2025>
(5) "Minor matters prescribed by Presidential Decree" in the proviso of Article 5 (3) of the Act means any of the following:
1. Matters which do not affect the basic direction of facilitating the management and utilization of industrial property information included in the master plan and the mid- to long-term development direction, and the modification of which is well-grounded;
2. Matters regarding changes in the method of implementing projects under Article 5 (2) 4 of the Act (limited to cases where the basic direction of policies as determined in the master plan remains unchanged);
3. Simple misunderstanding, misspellings, omissions, or obvious errors equivalent thereto.
(6) Upon formulating or modifying a master plan, the Minister of Intellectual Property shall publicly announce the details thereof in the Official Gazette or on the website of the Ministry of Intellectual Property. <Amended on Oct. 1, 2025>
Article 3(Formulation and implementation of action plan) #
(1) The Minister of Intellectual Property shall formulate an action plan under Article 6 (1) of the Act (hereinafter referred to as "implementation plan") in accordance with the master plan by March 31 each year. <Amended on Oct. 1, 2025>
(2) An action plan shall include the following: <Amended on Oct. 1, 2025>
1. Performance in implementation of the action plan for the previous year and evaluation thereof;
2. The direction of promoting projects for the pertinent year;
3. Detailed business plans for each major project;
4. Other matters deemed necessary by the Minister of Intellectual Property for implementing the master plan.
(3) If necessary in relation to the formulation and implementation of an action plan, the Minister of Intellectual Property may request cooperation from any of the following persons: <Amended on Oct. 1, 2025>
1. The heads of relevant national administrative agencies;
2. The heads of local governments;
3. The heads of public institutions under the Act on the Management of Public Institutions;
4. The heads of other relevant institutions, such as corporations established under special statutes.
Article 4(Scope and method of fact-finding survey) #
(1) The scope of a fact-finding survey under Article 7 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as follows: <Amended on Oct. 1, 2025>
1. Matters regarding the demand for industrial property information;
2. Matters regarding the current status of utilization of industrial property information;
3. Matters regarding the current status of development and commercialization of private industrial property information services;
4. Matters regarding the supply of and demand for human resources specialized in industrial property information;
5. Matters regarding international trends related to industrial property information;
6. Other matters deemed necessary by the Minister of Intellectual Property for formulating and implementing policies to facilitate the management and utilization of industrial property information.
(2) Where the Minister of Intellectual Property intends to conduct a fact-finding survey, he or she shall determine the criteria for selecting persons subject to survey. <Amended on Oct. 1, 2025>
(3) Once persons subject to survey are selected in accordance with the criteria for selection under paragraph (2), the Minister of Intellectual Property shall notify such persons of a fact-finding survey plan, including the purpose, details, period, etc. thereof, in advance. <Amended on Oct. 1, 2025>
(4) Fact-finding surveys shall be conducted by means of field surveys, literature surveys, questionnaire based surveys, etc., and may be conducted by electronic means, such as information and communications networks or electronic mail.
Article 5(Procedures and methods for preparing linkage table between classification information) #
(1) Once a draft linkage table between classification information under Article 11 (2) of the Act (hereinafter referred to as "linkage table") is prepared, the Minister of Intellectual Property shall gather opinions of relevant institutions, corporations, organizations, etc. <Amended on Oct. 1, 2025>
(2) The Minister of Intellectual Property shall finalize the linkage table after gathering opinions pursuant to paragraph (1). <Amended on Oct. 1, 2025>
(3) The Minister of Intellectual Property shall revise and supplement the linkage table finalized under paragraph (2) every 5 years in consideration of the emergence of new industries and technologies and other factors. In such cases, the opinions of the relevant agencies, corporations, organizations, etc. shall be collected. <Amended on Oct. 1, 2025>
(4) After finalizing a linkage table under paragraph (2) or revising or supplementing it under the former part of paragraph (3), the Minister of Intellectual Property shall give public notice thereof. <Amended on Oct. 1, 2025>
Article 6(Survey on and analysis of statistics and indicators) #
(1) Statistics and indicators of industrial property and information thereon subject to research and analysis under Article 13 (1) of the Act shall be as follows: <Amended on Oct. 1, 2025>
1. Statistics and indicators related to the creation, protection and utilization of industrial property;
2. Statistics and indicators related to trade of industrial property;
3. Other matters deemed necessary by the Minister of Intellectual Property to be utilized for the formulation, promotion, evaluation, etc. of public and private technology and industry-related strategies.
(2) Surveys on statistics and indicators shall be conducted by means of field surveys, literature surveys, questionnaire based surveys, etc., and may be conducted by electronic means, such as information and communications networks or electronic mail.
(3) "Data prescribed by Presidential Decree" in the former part of Article 13 (4) of the Act means data on payment and receipt of consideration for exports and imports of industrial property rights.
Article 7(Use and provision of industrial property information) #
(1) "Cases prescribed by Presidential Decree" in the proviso of Article 14 (1) 3 of the Act means any of the following: <Amended on Oct. 1, 2025>
1. Where it is used for survey and analysis of trends related to the discovery and transfer of promising future technologies, trends of domestic and overseas technologies and industries, etc., or where the results of such survey and analysis are provided;
2. Where it is used for survey and analysis of information on the current status of demand for and supply of researchers, etc. related to science, industrial technology or design, by industry or region, or where the results of such survey and analysis are provided;
3. Other cases where it is deemed necessary by the Minister of Intellectual Property to help improve efficiency of public and private research and development and to effectively support the formulation, promotion, evaluation, etc. of technology and industry-related strategies.
(2) Fees that the Minister of Intellectual Property may charge pursuant to Article 14 (2) of the Act shall be determined not to exceed the actual expenses based on cost estimation results, and the following matters shall be taken into consideration when calculating such cost: <Amended on Oct. 1, 2025>
1. General expenses incurred in the provision of industrial property information, etc.;
2. Expenses incurred in developing, maintaining, and repairing information systems to provide industrial property information;
3. Methods of providing industrial property information;
4. Other matters deemed necessary by the Minister of Intellectual Property for cost estimation.
(3) The Minister of Intellectual Property shall determine and publicly notify the amount of fees pursuant to paragraph (2) and publish it on the website of the Ministry of Intellectual Property. <Amended on Oct. 1, 2025>
(4) Except as provided in paragraphs (1) through (4), matters necessary for the use and provision of industrial property information shall be determined and publicly notified by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>
Article 8(Provision of information for national security and other purposes) #
(1) Pursuant to Article 15 (1) of the Act, the Minister of Intellectual Property may use industrial property information for which an application is pending related to the following technologies or may provide such information to the relevant national administrative agencies: <Amended on Oct. 1, 2025>
1. Technology categorized as classified tasks under Article 21 (2) of the National Research and Development Innovation Act;
2. National strategic technology defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of National Strategic Technology;
3. National high-tech strategic technology defined in subparagraph 1 of Article 2 of the Act on Special Measures for Strengthening and Protecting Competitiveness of National High-Tech Strategic Industries;
4. Technology corresponding to strategic goods designated and publicly notified under Article 19 of the Foreign Trade Act;
5. Defense industrial technology defined in subparagraph 1 of Article 2 of the Defense Technology Security Act;
6. National core technology defined in subparagraph 2 of Article 2 of the Act on the Prevention of Divulgence and Protection of Industrial Technology;
7. Core strategic technology defined in subparagraph 3 of Article 2 of the Act on Special Measures to Strengthen Competitiveness and Stabilize Supply Chain of Materials, Components, and Equipment Industry;
8. Other technologies deemed necessary by the Minister of Intellectual Property to prevent and protect the leakage of technology, etc. related to national security or significant national interests.
(2) Where the Minister of Intellectual Property intends to provide relevant national administrative agencies with industrial property information for which an application is pending for national security or other purposes under Article 15 (1) of the Act, he or she shall determine whether to provide the relevant industrial property information after reviewing such factors as the purpose of utilization and security thereof. <Amended on Oct. 1, 2025>
(3) Where the Minister of Intellectual Property decides to provide industrial property information for which an application is pending pursuant to paragraph (2), he or she shall notify the head of the relevant national administrative agency of security guidelines related to industrial property information before providing such information. <Amended on Oct. 1, 2025>
Article 9(Designation of industrial property diagnosis institution) #
(1) A person intending to be designated as an industrial property diagnosis institution pursuant to Article 17 (1) of the Act shall submit to the Minister of Intellectual Property an application for the designation of an industrial property diagnosis institution, accompanied by materials evidencing that the facilities and human resources requirements specified in paragraph (2) are satisfied. In such cases, the Minister of Intellectual Property shall verify the applicant's corporation registration certificate (limited to corporations) or business registration certificate (referring to one with a resident registration number omitted; hereafter in this paragraph the same shall apply) by administrative data matching under Article 36 (1) of the Electronic Government Act; and where the applicant does not consent to the verification of such business registration certificate, the applicant shall have the relevant document attached to the application. <Amended on Oct. 1, 2025>
(2) "Facilities and human resources prescribed by Presidential Decree" in Article 17 (1) of the Act means the following:
1. Facilities, such as computer equipment and exclusive business space necessary for the performance of the business affairs and security under the subparagraphs of paragraph (5);
2. Human resources with expertise necessary for conducting diagnosis in designated fields, such as electricity, electronics, machinery, metal, chemistry, life sciences, information and communications, etc.
(3) Where a person who has filed an application for designation pursuant to paragraph (1) meets all the requirements prescribed in the subparagraphs of paragraph (2), the Minister of Intellectual Property may designate such person as an industrial property diagnosis institution under Article 17 (1) of the Act (hereinafter referred to as "diagnosis institution"). <Amended on Oct. 1, 2025>
(4) Where the Minister of Intellectual Property has designated a diagnosis institution pursuant to paragraph (3), he or she shall issue a certificate of designation as an industrial property diagnosis institution prescribed by Prime Ministerial Decree and shall give public notice of such fact. <Amended on Oct. 1, 2025>
(5) The Minister of Intellectual Property may have a diagnosis institution perform the following: <Amended on Oct. 1, 2025>
1. Survey on and analysis of industrial property information for identifying promising technologies;
2. Survey on industrial property information trends at the research planning stage;
Article 10(Standards for administrative disposition against diagnosis institution) #
(1) The criteria for taking administrative dispositions against diagnosis institutions under Article 17 (3) of the Act shall be as specified in Appendix 1.
(2) Where the Minister of Intellectual Property revokes the designation of an diagnosis institution or suspends its business operations pursuant to Article 31 (1) of the Act, he or she shall post such fact on the website of the Ministry of Intellectual Property without delay. <Amended on Oct. 1, 2025>
Article 11(Industrial property information subject to quality control) #
(1) Industrial property information managed through the industrial property information database established pursuant to Article 9 (1) of the Act shall be subject to quality control under Article 22 (2) of the Act (hereinafter referred to as "quality control").
(2) The standards for quality control shall be as follows: <Amended on Oct. 1, 2025>
1. Structure and performance of industrial property information;
2. Quality control systems for industrial property information;
3. Compliance with standardization of industrial property information;
4. Other standards deemed necessary by the Minister of Intellectual Property for quality control.
(3) Quality control shall be conducted at the stage of acquiring and processing knowledge or data for collecting and generating industrial property information and the stage of verifying the processed knowledge or data.
(4) The Minister of Intellectual Property shall formulate and implement a plan for quality diagnosis and evaluation, including the following, for quality control: <Amended on Oct. 1, 2025>
1. Industrial property information subject to quality diagnosis and evaluation;
2. Promotion systems for quality diagnosis and evaluation;
3. Procedures and duration of quality diagnosis and evaluation;
4. Corrective measures based on the results of quality diagnosis and evaluation;
5. Other matters necessary for the implementation of quality diagnosis and evaluation.
Article 12(Profit-making business of Korea Institute of Patent Information) #
(1) "Profit-making business prescribed by Presidential Decree" in Article 24 (5) of the Act means the following: <Amended on Oct. 1, 2025>
1. Business related to the facilitation of the use of industrial property information;
2. Business related to the dissemination of industrial property information systems;
3. Research services related to the informatization of industrial property;
4. Education, publication, and events related to informatization of industrial property;
5. Other businesses related to the informatization of industrial property and the establishment of a foundation for utilizing industrial property information, as deemed necessary by the Minister of Intellectual Property.
(2) Where the Korea Institute of Patent Information under Article 24 (1) of the Act (hereinafter referred to as the "KIPI") intends to commence or discontinue profit-making business under paragraph (1) or intends to make changes to important matters, such as the details of the profit-making business, it shall report such fact to the Minister of Intellectual Property in advance. <Amended on Oct. 1, 2025>
Article 13(Profit-making business of Korea Intellectual Property Strategy Agency) #
(1) "Profit-making business prescribed by Presidential Decree" in Article 25 (5) of the Act means the following: <Amended on Oct. 1, 2025>
1. Provision of industrial property-related information and support for industrial property strategies;
2. International cooperation projects such as assistance in formulating industrial property strategies in foreign countries;
3. Support for the commercialization of the outcomes of national research and development industrial property;
4. Business related to strategic research on and analysis of industrial property information for the creation of standard patents;
5. Education, publication, events, and publicity for developing industrial property strategies and training human resources;
6. Other businesses related to the establishment of industrial property strategies and the efficient performance of research and development, as deemed necessary by the Minister of Intellectual Property.
(2) Where the Korea Intellectual Property Strategy Agency under Article 25 (1) of the Act (hereinafter referred to as the "KISTA") intends to commence or discontinue profit-making business under paragraph (1) or intends to make changes to important matters, such as the details of the profit-making business, it shall report such fact to the Minister of Intellectual Property in advance. <Amended on Oct. 1, 2025>
Article 14(Entrustment of business affairs) #
(1) The Minister of Intellectual Property shall entrust the following business affairs to the KIPI under Article 26 (1) of the Act: <Amended on Oct. 1, 2025>
1. Industrial property informatization projects under Article 8 (1) of the Act (limited to the affairs under the jurisdiction of the Minister of Intellectual Property);
2. Technical and financial support to institutions or organizations that promote industrial property informatization projects under Article 8 (2) of the Act;
3. Business affairs regarding the establishment and management of industrial property information database under Article 9 of the Act;
4. Business affairs regarding the establishment and operation of industrial property information systems under Article 10 of the Act.
(2) The Minister of Intellectual Property shall entrust the following business affairs to the KISTA under Article 26 (1) of the Act: <Amended on Oct. 1, 2025>
1. Business affairs regarding the utilization of industrial property information in public and private research and development under Article 16 (1) 1 through 6 of the Act;
2. Receipt of applications for designation of industrial property diagnosis institutions and examination of the designation requirements under Article 17 (1) of the Act;
3. Verification of whether any of the grounds for revocation of designation of an industrial property rights diagnosis institution or suspension of its business operations under the subparagraphs of Article 17 (3) of the Act is applicable.
(3) The Minister of Intellectual Property may entrust the following pursuant to Article 26 (1) of the Act: <Amended on Oct. 1, 2025>
1. Fact-finding surveys under Article 7 of the Act;
2. Preparation of a linkage table between classification information under Article 11 (2) of the Act;
3. Survey on and analysis of statistics and indicators under Article 13 (1) of the Act;
4. Use and provision of industrial property information disclosed under Article 14 of the Act (limited to provision of industrial property information held by the relevant institution, corporation, or organization);
5. Business affairs regarding the use of industrial property information for which an application is pending under Article 15 (1) of the Act;
Article 15(Re-examination of regulation) #
The Minister of Intellectual Property shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Oct. 1, 2025>
1. Base date for designation of diagnosis institutions under Article 9: August 7, 2024;
2. Base date for administrative dispositions against diagnosis institutions under Article 10 and Appendix 1: August 7, 2024.
Article 16(Criteria for imposition of administrative fines) #
Criteria for the imposition of administrative fines under Article 31 of the Act shall be as specified in Appendix 2.