|
CHAPTER I GENERAL PROVISIONS
Article 1 ¡¼Purpose¡½
The purpose of this Law shall be to encourage
the creation of designs by ensuring their
protection and utilization, so as to contribute
to the development of industry.
Article 2 ¡¼Definitions¡½
The definitions of the terms used in this
Law shall be as follows:
(¥¡) "design" means the shape,
pattern or color or a combination of these in
an article which
produces an aesthetic impression in the sense
of sight;
(¥¢) "registered design" means
a design for which a design registration has
been granted;
(¥£) "registration of design" means
registration of examined or unexamined designs;
(¥¤) "registration of examined design"
means registration of designs, subject to examination
as to whether they are completely qualified
for registration;
(¥¥) "registration of unexamined design"
means registration of designs, subject to
examination as to whether they are qualified
in part for registration: whether the application
for registration of designs satisfies formal
requirements for registration, or whether the
designs concerned have possibility of disturbing
public order or good morals; and
(¥¦) "working" of a design means
any act of manufacturing, using, assigning,
leasing,
importing, or offering for assigning or leasing
(including the displaying for the purpose of
assignment or lease) the article to which
the design has been applied.
Article 3 ¡¼Persons Entitled to Obtain
Design Registration¡½
(1) Any person who creates a design or his
successor shall be entitled to obtain a design
registration therefor in accordance with
this Law; however, employees of the Korean
Industrial Property Office and the Industrial
Property Tribunal shall not be entitled to obtain
design registrations during their employment
at the Office except in the case of inheritance
or bequest.
(2) If two or more persons jointly create
a design, the right to obtain a design registration
shall be jointly owned.
Article 4 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
The provisions of Articles 3 to 28 of the
Patent Law shall apply mutatis mutandis to designs.
|
