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 CHAPTER
X PENAL PROVISIONS
Article 82 ¡¼Offense of Infringement¡½
(1) Any person who has infringed a design
right or an exclusive license shall be liable
to
imprisonment with labor not exceeding five
years or to a fine not exceeding 50,000,000
Won.
(2) Prosecution for offenses under paragraph
(1) shall be initiated upon filing of a complaint
by an injured party.
Article 83 ¡¼Offense of Perjury¡½
(1) Where a witness, expert witness or interpreter,
having taken an oath under the law, has
made a false statement or given a false expert
opinion or interpreted falsely before the
Industrial Property Tribunal, he shall be
liable to imprisonment with labor not exceeding
five
years or to a fine not exceeding 5,000,000
Won.
(2) Any person having committed an offense
under paragraph (1) who admits it prior to the
examiner's decision or decision on opposition
to registration of an unexamined design is
rendered or before a trial decision on the
case becomes final and conclusive may be partially
or completely exempted from the penalty.
Article 84 ¡¼Offense of False Marking¡½
Any person who has violated Article 80 shall
be liable to imprisonment with labor not
exceeding three years or to a fine not exceeding
20,000,000 won.
Article 85 ¡¼Offense of Fraud¡½
Any person who has obtained a design registration
or a trial decision by means of fraud or
any other unjustified act shall be liable
to imprisonment with labor not exceeding three
years
or to a fine not exceeding 5,000,000 won.
Article 86 ¡¼Offense of Divulging Secrets¡½
Where any present or former official of the
Korean Industrial Property Office or the Industrial
Property Tribunal has divulged or appropriated
secrets relating to a design contained in a
design application, or which is requested
to be kept secret under Article 13(1) to which
he
had access during the course of his duties,
he shall be liable to imprisonment with labor
not
exceeding two years or to a fine not exceeding
3,000,000 Won.
Article 87 ¡¼Dual Liability¡½
Where a representative of a legal entity
or an agent, employee or any other servant of
a legal
entity or natural person has committed an
act in violation of Articles 82(1), 84 or 85
with
regard to the business of the legal entity
or natural person shall, in addition to the
offender,
be liable to the fine prescribed in such
Articles.
Article 88 ¡¼Administrative Fine¡½
(1) Any person who has committed an act in
violation of any of the following subparagraphs
shall be liable to an administrative fine
not exceeding 500,000 Won:
(¥¡) making a false statement before the
Industrial Property Tribunal after having taken
an
oath under Article 271(2) or 339 of the Code
of Civil Procedure
(¥¢) after having been ordered by the Industrial
Property Tribunal to submit or show
documents or other materials with respect
to the taking of evidence or to the preservation
of
evidence, failure to comply with the order
without justifiable reasons;
(¥£) failure to comply with an order to report
under Article 60 on matters relating to the
working of a registered design without justifiable
reasons;
(¥¤) after having been summoned by the Industrial
Property Tribunal as a witness, expert
witness or interpreter, failure to comply
with the subpoena, or refusal to take an oath,
to
make a statement, to testify, to give an
expert opinion or to interpret, without justifiable
reasons.
(2) The administrative fine referred to in
paragraph (1) shall be imposed and collected
by the
Commissioner of the Korean Industrial Property
Office as prescribed by the Presidential
Decree.
(3) Any person who objects to the imposition
of an administrative fine under paragraph (2)
may make a protest to the Commissioner of
the Korean Industrial Property Office within
thirty days from the date of notification
of the imposition.
(4) The Commissioner of the Korean Industrial
Property Office shall, upon receipt of a protest
under paragraph (3), notify the competent
court which shall adjudicate upon the case of
the
administrative fine according to the provisions
of the Act on Non-Contentious Procedures
without delay.
(5) Where no opposition has been raised within
the period prescribed in paragraph (3) and
where the fine has not been paid, the Commissioner
of the Korean Industrial Property Office
shall collect it in accordance with the rules
concerning collection of national taxes in arrears
through the head of the competent tax office.
Article 89 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
The provisions of Article 231 of the Patent
Law shall apply mutatis mutandis to penal
provisions with respect to designs.
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