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Laws of the Republic of Korea |
[Effective Date: July 28, 2010]
[Decree No. 137, The Ministry of Knowledge Economy, Other related laws amended on July 27, 2010]
Korean Intellectual Property Office
(Semi-conductor Intellectual Property Division)
042-481-8484
The Ministry of Knowledge Economy
Other related laws amended on July 27, 2010 (Law No.137)
Other related laws amended on July 1, 2009
(Law No.82) Rules for Collecting--under the Patent Act, Utility Model Act, Design Act and Trademark Act
Partially amended on December 31, 2008 (Law No.48) Wholly amended on November 8, 2007 (Law No.428)
Partially amended on November 10, 2006 (Law No.374)
Other related laws amended on July 1, 2005
(Law No.291) Rules for Collecting-under the Patent Act, Utility Model Act, Design Act and Trademark Act
Partially amended on December 1, 2001 (Law No.144) Partially amended on December 31, 1998 (Law No.25) Partially amended on July 15, 1995 (Law No.14)
Established on September 13, 1993 (Law No.14)
National Legal Information Center, The Ministry of Government Legislation
November 15, 2010
[Effective Date: July 28, 2010]
[Decree No. 137, The Ministry of Knowledge Economy, Other related laws amended on July 27, 2010]
The purpose of this Rule shall be to provide for matters delegated by the Act on the Layout Design of Semiconductor Integrated Circuits and the Enforcement Decree of the aforesaid act and the necessary matters required to enforce the act and the enforcement decree.
(1) Documents related to applications for registration of layout design rights or other rights related thereto (hereinafter
referred to as "Rights related to Layout Design") under Article 4.1.3 of the Enforcement Decree of the
Act on the Layout Design of Semiconductor Integrated Circuits (hereinafter referred to as "Enforcement Decree") shall
be prepared in Korean.
(2) If any of the nationality certificates and other documents is in a foreign language, a translation
thereof must accompany the application.
(1) When a person following the necessary procedures for layout designs intends to have a proxy follow such procedures on
his/her behalf, he/she shall file with the Commissioner of the Korean Intellectual Property Office (hereinafter referred
to as "Commissioner") a power of attorney in Form No.1 attached hereto.
(2) A person following the necessary procedures regarding layout designs shall file with the
Commissioner a written report on the proxy using Form No.2 attached hereto, if:
1. The proxy's authority is altered, in which case a document evidencing such alteration shall accompany it; or
2. The proxy is dismissed.
(3) If the proxy or sub-proxy falls within any of the following categories, a written report on such agency in Form
No.2 attached hereto shall be filed with the Commissioner:
1. A sub-proxy is appointed by the proxy, in which case a power of attorney shall accompany
the said form; provided, however, that, if another sub-proxy has already been appointed, the power of attorney shall
state whether the latter has been dismissed or not;
2. The sub-proxy's authority is altered by the proxy, in which case a document evidencing such
alteration thereof shall accompany the said form;
3. The sub-proxy is dismissed by the proxy; or
4. The proxy or sub-proxy resigns.
(2) A layout design file required under Article 11.2.1 of the Enforcement Decree shall be made through either of the
following electronic files:
1. An electronic file in which each layer of the layout design is represented in planar or cubic structure, using
computer; or
2. An electronic file showing the shape of each layer of the layout design in planar or cubic structure, in manufacturing
semi-conductor integrated circuits by using such layout design.
(3) A written description of the layout design under Article 11.2.2 of the Enforcement Decree
shall be made in Form No.4 attached hereto.
(4) The written description of layout design under subsection 3 above shall state the following information:
1. The title and classification of such layout design;
2. The name of semi-conductor integrated circuits manufactured, if any, using such layout design;
3. A description of the layout design file; and
4. A brief description of such layout design
(1) When an applicant for registration of the establishment of a layout design right intends to make a correction
thereof, upon receipt of a correction order given pursuant to Article 2.2 of the Enforcement Decree, or make a correction
thereof pursuant to Article 12.3 of the Enforcement Decree, he/she shall file with the Commissioner a written correction
in Form No.5 attached hereto, accompanying the documents listed below; provided, however, that such a written
correction shall not be filed where the applicant intends to pay a fee in a case falling within the category under Article
12.2.4 of the Enforcement Decree:
1. A copy of a document evidencing such correction or addition;
2. A copy of a document certifying the proxy's authority, in case such procedures are followed by proxy
(2) The period for correction that may be prescribed by the Commissioner pursuant to Article
12.2 of the Enforcement Decree shall not exceed one (1) months.
(3) When an applicant for registration of the establishment of a layout design right intends to apply for an extension
of the period for correction pursuant to Article 12.4 of the Enforcement Decree, he/she shall file with the Commissioner
a written application for extension of the period for correction in Form No.6 attached hereto. In such a case,
a document certifying the proxy's authority shall be accompanied if such procedures are followed by proxy.
(1) Upon receipt of an application for registration of the establishment of a layout design right pursuant to Article
11 of the Enforcement Decree or an application for registration pursuant to Article 17 of the Enforcement Decree,
the Commissioner shall enter the date of receipt and the receipt number thereof on the written application in question
and promptly notify the applicant thereof.
(2) The receipt number shall be given in the order in which each application is received; provided, however, that
such receipt number shall be given anew year by year. Notwithstanding the foregoing, the same receipt number shall
be given to two or more applications made with respect to a layout design right or other Right related to Layout Design,
if any.
The register of layout designs (hereinafter referred to as "Register") under Article 21.2 of the Act on the Layout Design of Semi-conductor Integrated Circuits (hereinafter referred to as "Act") shall be in Form No. 7 attached hereto.
(1) The Register shall consist of the following sections: Establishment registration number, Title, Interested party and
Trust
(2) The section on Establishment registration number shall record the registration number of layout design rights.
(3) The section on Title shall record the matters related to the indication and registration of the layout design
rights and also the matters related to deregistration of the establishment of the layout design rights pursuant to
Article 24 of the Act.
(4) The section on Interested party shall record the following information, according to the following sub-divisions:
1. Layout design right holder: for matters related to restrictions placed on the establishment,
transfer and disposal of the layout design rights and the pledge established thereon;
2. Exclusive licensee: for matters related to the exclusive license under Article 11 of the Act and the pledge established
thereon;
3. Non-exclusive licensee: for matters related to the non-exclusive license under Article 12 of the
Act and the pledge established thereon; and
4. Administrator: for matters related to the layout design administrators under Article 4 of the
Act;
(5) The section on Trust shall indicate the rights belonging to trust property and also record the matters set forth
in paragraphs of Article 53.1 of the Presidential Decree on Patent Registration (which applies mutatis mutandis in
Article 28 of the Enforcement Decree) and changes thereto,
and the termination of such trust.
(1) At least one (1) additional copy of the Register shall be separately prepared and kept in safety in case of loss
or damage and the necessary matters for the management thereof, including the place and method to keep the same, shall be prescribed
by the Commissioner.
(2) The matters related to the entry, output, editing and retrieval of computerized data regarding the Register shall
be prescribed by the Commissioner.
(1) The supplementary documents of the Register under Article 14 of the Enforcement Decree shall consist of a receipt
ledger for registration of establishment of layout design right and a receipt ledger for registration.
(2) The receipt ledger for registration of establishment of layout design right and the receipt ledger for registration
under subsection 1 above shall be in Form No. 8 attached hereto.
When a person seeking to register the establishment of a layout design right or any other matters and he/she enters in the application for said registration any statement regarding shared interest, special agreement or covenant, a document evidencing the same shall be accompanied.
(1) In registering the establishment of a layout design right pursuant to Article 21.2 of the Act, the following
information shall be entered in the Register, in accordance with the items listed in the subparagraphs below:
1. Entries required to be made in the section on Title a. Entry number
b. The date of receipt c. Receipt number
d. The name, address and resident registration number of the creator of the layout design (or its name, address
of its place of business, corporate registration number and its representative's name, if the creator thereof
is a corporate body)
e. The date of creation of the layout design
f. The date of use of the layout design for commercial purposes (which means engaging in the activities set forth
in Article 2.4c of the Act for the purpose of making profits and the same shall apply hereinafter.)
g. The name of the layout design h. The date of registration
2. Entries required to be made in the section on Interested party
a. Layout design right: The name, address and resident registration number of the holder of such layout design right
(or its name, address of its place of business, corporate registration number and its representative's name, if
the holder thereof is a corporate body) and the date of registration
b. Administrator: The name, address and resident registration number of the layout design administrators (or its
name, address of its place of business, corporate registration number and its representative's name, if the administrator
thereof is a corporate body) and the date of registration
(2) If the layout design right is jointly owned as defined in Article 21.1 of the Enforcement Decree or there exists
any special agreement or covenant pursuant to Article 21.2 thereof, such shared interest, special agreement or covenant
shall be entered in the Section on Layout design right holder in the Interested party Part.
(1) In seeking any registration pursuant to Articles 4.3, 4.4 and 23.1 of the Act, the date of receipt of the
application for registration, receipt number and the information required under the provisions of Articles 17.1.1 through
17.1.3 and Articles 17.1.5 to 17.1.7 of the Enforcement Decree shall be entered in the Register.
(2) In making registration of an exclusive or non-exclusive license, the information required under Article 17.2 of
the Enforcement Decree shall be entered, in case of a registration of the establishment thereof, while the information
required under Article 17.3 of the Enforcement Decree shall be entered, in case of a registration of transfer.
(1) In making an entry in the Register, the entry number or priority number shall be entered in the front part thereof
in accordance with the order of such registration.
(2) In making registration with respect to an application to which the same receipt number has been given pursuant
to the proviso to Article 6.2 hereof, the same priority number shall be given to the entry made in the written application
in question if such information must be entered in the same section of the Register.
When a foreigner is entered in the Register, his/her name, address (its name, address of its place of business and its representative's name, in the case of a corporate body) and nationality shall be entered.
When registration has been completed under Articles 4.3, 4.4 and 23.1 of the Act, a notice of registration shall be sent to the applicant, stating the date of receipt, receipt number, date of registration and the fact that such registration has been completed.
(1) When an award has been given with respect to the establishment of a non-exclusive license pursuant to Article
13.4 of the Act, the following information shall be entered in the Non-exclusive Section of the Register:
1. Award number;
2. The date of award;
3. The scope of the non-exclusive license;
4. Consideration and payment method and terms for such consideration;
5. The name, address and resident registration number of the non-exclusive licensee (or its name, address of its
place of business, corporate registration number and its representative's name, if the licensee is a corporate body)
(2) When the award given with respect to the establishment of a non-exclusive license has been cancelled pursuant
to Article 15.1 of the Act, the entry made in the Register pursuant to subsection 1 above shall be deregistered.
With respect to procedures related to layout designs, the provisions of Articles 1-2, 2 through
3-2, 8 through 9 and 9-3 through 9-9 of the Enforcement Rule of the Patent Act shall apply mutatis mutandis. In
such a case, the terms "patent", "application", "applicant" and "applicant, etc.",
"the Korean Industrial Property Office" and "the Patent Tribunal", "the Director of the Patent
Tribunal", "Chief Judge", "Judge", "Chief Examiner" and "Examiner", and "applicant
code" shall be read, respectively, as "layout design", "application for registration for establishment",
"applicant", "the Korean Industrial Property Office", "the Commissioner" and "applicant
code".
<Amended on July 27, 2010>
With respect to the registration of layout design rights or other Rights related to Layout designs, the provisions
of Articles 6 though 8, 10 to 12, 14 though 17, 20, 26, 28, 33 to 39, 45 to 49,
51, 52.2 and 53 of the Enforcement Rule of the Presidential Decree on Patent Registration shall
apply mutatis mutandis. In such a case, the terms "patent right", "patent register", "closed
patent register", "patent number", "license", "exclusive license", "patent
trust ledger", "patent trust number", "patent administrator", "title of invention"
and "patent fee" shall be read, respectively, as , "layout design right", "layout design",
"layout design register", "closed layout design register", "registration number of layout
design right", "use", "exclusive license", "non-exclusive license", "trust ledger
of layout design register", "layout design trust number", "layout design administrator", "title
of layout design" and "fee for registration of the establishment of layout design rights".
The following information shall be publicly notified in an official gazette or patent gazette, pursuant to Article 13.2
of the Enforcement Decree:
1. The registration number of layout design rights;
2. The date of registration of establishment of layout design rights;
3. The name of the layout design right holders (its name, in case of a corporate body);
4. The title and classification of the layout designs;
5. A description of the layout designs;
6. The date of creation of the layout designs; and
7. The date of use for commercial purposes
(1) Layout design Registration Certificates under Article 21.3 of the Act shall be in Form No. 9 attached hereto.
(2) For the purpose of Article 35.3 of the Enforcement Decree, the term "other information
prescribed by the Decree of the Ministry of Knowledge Economy" shall refer to the following information. <Amended on December 31, 2008>
1. Creator
2. The receipt number of applications for registration of establishment
3. The title of layout design
Where a layout design registration certificate is lost or damaged and the holder thereof seeks to have a new layout design registration certificate issued, he/she shall file with the Commissioner a written application for reissuance of a utility model registration certificate in Form No. 10 attached hereto.
(1) The fees set forth under Article 40 of the Act shall be as described in the schedule attached
hereto.
(2) In case of making an application for consolidation of the registration of two or more layout design rights or
other Rights related to Layout Design Rights pursuant to Article 23 of the Enforcement Decree, the fees therefor
shall also be calculated, as taken together, for each of such rights.
(3) With respect to making payments of the fees set forth in subsection 1 above, the provision of Article 8 of
the Rules for Collecting Fees, etc. shall apply mutatis mutandis, in which case the terms "patent fees, registration
fees and other charges" shall be read as "fees".
With respect to the reduction of and exemption from the fees for registration of establishment pursuant to Article 40-2.1 of the Act, the provisions of Articles 7.1, 7.2.1 through 7.2.3, 7.4, 7.5 and 7.6 of the Rules for Collecting Fees, etc. shall apply mutatis mutandis. In such a case, the terms "the Patent Act, the Utility Model Act or the Design Protection Act", "application", "application fee, the fee for making a request of examination, at least 3 years' patent fees, fees for registration of utility model or design", "written application", 'in applying" and "applicant" shall be read, respectively, as "the Act on the Layout Design of Semiconductor Integrated Circuits", application for registration of establishment", "fees for registration of the establishment of layout design rights, "application for registration of establishment", "in applying for registration of establishment" and "applicant". <Amended on December 31, 2008>
A person seeking to request a certified transcript of abstract of the Register pursuant to Article
36.1 of the Enforcement Decree, an inspection or reproduction of any layout design registration certificate, application
for registration of establishment and accompanying documents, etc. shall file with the Commissioner a written application
for inspection (reproduction or issuance) as per Form No. 10 attached hereto.
(1) The Commissioner may preserve all submissions being processed by electronic information processing systems or copies
thereof, using electronic recording media.
(2) The necessary matters required for safekeeping such submissions or copies thereof, using electronic recording media
shall be prescribed by the Commissioner.
This Rule shall come into effect on July 28, 2010.
(1) The Enforcement Rule of the Act on the Layout Design of Semiconductor Integrated Circuits shall be partially amended,
as follows:
"Articles 9-3 through 9-8" among the text of Article 18 thereof shall be changed to "Article 9-3 through
9-9".
(2) Omitted
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