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Law
No. 951, Promulgated on Dec. 31, 1961
07/01/2001
: Revised Industrial Design Law
TABLE OF CONTENTS
As Last Amended by Law No. 5354, Aug. 22,
1997
CHAPTER I : General Provisions
CHAPTER ¥±: Registrability
of Designs and Applications for Registration
CHAPTER ¥² : Examination
CHAPTER ¥³: Registration Fees
and Registration of Designs
CHAPTER ¥´ : Design Right
CHAPTER ¥µ : Protection of
Owner of Design Right
CHAPTER ¥¶ : Trial
CHAPTER ¥· : Retrial and Litigation
CHAPTER ¥¸ : Supplementary
Provisions
CHAPTER ¥¹ : Penal Provisions
ADDENDUM
CHAPTER I : General
Provisions
Article 1 Purpose228
Article 2 Definitions228
Article 3 Persons Entitled to Obtain Design
Registration 228
Article 4 Mutatis Mutandis Application of
Provisions of the Patent Law229
CHAPTER ¥±: Registrability
of Designs and Applications for Registration
Article 5 Registrability of Designs229
Article 6 Unregistrable Designs229
Article 7 Similar Designs230
Article 8 Exception to Loss of Novelty230
Article 9 Applications for Registration230
Article 10 Joint Application232
Article 11 Scope of One Application232
Article 11bis Application for Multiple Design
Registration232
Article 12 Design of a Set of Articles233
Article 13 Secret Designs233
Article 14 Application for the Registration
of a Design Filed by an Unentitled Person;
Protection of Lawful Holder of Right234
Article 15 Design Registration Granted to
Unentitled Person; Protection of Lawful Holder
of
Right234
Article 16 First-to-File Rule234
Article 17 Amendment of Procedure235
Article 18 Amendment to Application and Change
of Gist235
Article 19 Division of Applications for the
Registration of Designs 236
Article 20 Conversion of Application236
Article 20bis Conversion of Application for
Registration of Unexamined Designs, etc. 237
Article 21 Conversion of Patent or Utility
Model Application into Application for the
Registration of a Design237
Article 22 Special Provisions Concerning
Conversion of an Application Relating to an
International Application238
Article 23 Priority Claim under Treaty238
Article 23bis Laying Open of Application239
Article 23ter Effects of Laying Open Applications240
Article 23quater [Transfer, etc. of Right
to Obtain Registration of Design]241
Article 24 Mutatis Mutandis Application of
Provisions of the Patent Law241
CHAPTER ¥² : Examination
Article 25 Examination by Examiner241
Article 26 Ruling of Refusal241
Article 27 Notification of Reasons for Refusal242
Article 28 Ruling to Grant a Design Registration242
Article 29 Method of Ruling243
Article 29bis Opposition to Registration
of Unexamined Design243
Article 29ter Amendment to Grounds for Opposition
to Registration of Unexamined Designs,
etc.244
Article 29quarter Collegial Body for Examination
and Decision, etc. 244
Article 29quinquies Decision on Opposition
to Registration of Unexamined Designs 244
Article 30 Mutatis Mutandis Application of
Provisions of the Patent Law245
CHAPTER ¥³: Registration
Fees and Registration of Designs
Article 31 Design Registration Fees245
Article 32 Payment of Registration Fees by
an Interested Party 245
Article 33 Late Payment of Registration Fees246
Article 34 Official Fees246
Article 35 Reduction or Exemption of Registration
Fees or Official Fees 246
Article 36 Refund of Registration Fees, etc.247
Article 37 Design Register247
Article 38 Issuance of Design Registration
Certificate248
CHAPTER ¥´ : Design
Right
Article 39 Registration of Establishment
of Design Right 248
Article 40 Term of Design Right249
Article 41 Effects of Design Right249
Article 42 Design Right Relating to Similar
Designs249
Article 43 Scope of Protection of Registered
Designs249
Article 44 Limitations of Design Right249
Article 45 Relationship with Another Registered
Design250
Article 46 Assignment and Joint Ownership
of Design Right 251
Article 47 Exclusive License251
Article 48 Deleted251
Article 49 Non-exclusive License252
Article 50 Non-exclusive License by Virtue
of Prior Use252
Article 51 Non-exclusive License Due to Working
Prior to Registration of Request for
Invalidation Trial252
Article 52 Non-exclusive License After Expiration
of Design Right, etc. 253
Article 53 Abandonment of Design Right254
Article 54 Restriction on Abandonment of
Design Right, etc. 254
Article 55 Effect of Abandonment254
Article 56 Pledge254
Article 57 Subrogation for Right of Pledge254
Article 58 Non-exclusive License when Transferring
the Design Right by Exercising the
Pledge Right255
Article 59 Extinguishment of Design Right
in Absence of Successor 255
Article 60 Report on Working of Registered
Design255
Article 61 Mutatis Mutandis Application of
Provisions of the Patent Law255
CHAPTER ¥µ : Protection
of Owner of Design Right
Article 62 Injunction Against Infringement,
etc.255
Article 63 Acts Deemed to be Infringing256
Article 64 Presumption, etc., of Amount of
Damage256
Article 65 Presumption of Negligence256
Article 66 Measures for Recovery of Reputation
of Owner of Design Right, etc. 257
Article 67 Mutatis Mutandis Application of
Provisions of the Patent Law257
CHAPTER ¥¶ : Trial
Article 68 Invalidation Trial of Design Registration257
Article 69 Trial to Confirm the Scope of
a Design Right258
Article 70 Trial for Granting Non-exclusive
License258
Article 71 Deleted259
Article 72 Mutatis Mutandis Application of
Provisions of the Patent Law259
CHAPTER ¥· : Retrial
and Litigation
Article 73 Request for Retrial259
Article 74 Restriction on Effects of Design
Rights Restored by Retrial 259
Article 75 Mutatis Mutandis Application of
Provisions of the Patent Law260
CHAPTER ¥¸ : Supplementary
Provisions
Article 76 Inspection of Documents260
Article 77 Prohibition of Opening or Removal
of Design Register and Documents Relating to
Application, Examination, Opposition, Trial
or Retrial 261
Article 78 Design Gazette261
Article 79 Design Registration Marking262
Article 80 Prohibition of False Marking262
Article 81 Mutatis Mutandis Application of
Provisions of the Patent Law262
CHAPTER ¥¹ : Penal
Provisions
Article 82 Offense of Infringement262
Article 83 Offense of Perjury263
Article 84 Offense of False Marking263
Article 85 Offense of Fraud263
Article 86 Offense of Divulging Secrets263
Article 87 Dual Liability264
Article 88 Administrative Fine264
Article 89 Mutatis Mutandis Application of
Provisions of the Patent Law265
ADDENDUM
Article 1 Date of Entry into Force265
Article 2 Transitional Measures as to Application
for Registration, etc. 265
Article 3 Transitional Measures as to Trial
on Registered Design 265
Article 4 Transitional Measures as to Rejection
to Amendment 265
Article 5 Application of Exceptions to Loss
of Novelty266
Article 6 Application of Extension of the
Term of the Design Right 266
Article 7 Application of Relationship with
Another Person's Design Right, etc. 266
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