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CHAPTER ¥² EXAMINATION
Article 25 ¡¼Examination by Examiner¡½
(1) The Commissioner of the Korean Industrial
Property Office shall have applications for
the
registration of a design examined by an examiner.
(2) The qualifications for the examiners
shall be prescribed by Presidential Decree.
Article 26 ¡¼Ruling of Refusal¡½
The examiner shall make a ruling to refuse
an application for the registration of a design
where it falls under any of the following
subparagraphs (hereinafter referred to as "reasons
for
refusal"):
(¥¡) Where the design in the application
for registration of a design is not registrable
in
accordance with Articles 3, 5 to 7, 9(6),
10 to 12, 16(1) and (2) of the Design Law or
Article
25 of the Patent Law as applied under Article
4 of the Design Law;
(¥¢) Where drawings, photographs of the design,
models, or samples submitted according to
Article 9(2) or (3) are contrary to the requirements
as prescribed by the Ordinance of the
Ministry of Trade, Industry and Energy under
Article 9(7);
(¥£) Where an application for registration
of design is filed by a person who is not entitled
to
such right;
(¥¤) Where an application for registration
of a design is in violation of the provisions
of a
treaty; or
(¥¥) Where an application for registration
of a similar unexamined design falls under any
of
the following subparagraphs:
(a) where a design which is registered as
a similar design or a design for which an
application for registration of a similar
design is filed, is indicated as a principal
design;
(b) where the term of the design right of
a principal design has expired; or
(c) where an application for registration
of an unexamined design for a principal design
has
been withdrawn or abandoned, or where a ruling
of refusal becomes final and conclusive.
(2) Notwithstanding paragraph (1), Articles
5, 6(i) and (iii), 7, 11(1), 12, 16(1) and (2)
shall not
apply to applications for the registration
of unexamined designs.
Article 27 ¡¼Notification of Reasons for
Refusal¡½
(1) When the examiner intends to make a ruling
of refusal under Article 26, he shall notify
the reason for refusal (referring to reasons
falling under any of the subparagraphs of Article
26(1), hereinafter referred to as "reason
for refusal") to the applicant for design
registration,
and give him an opportunity to submit a written
opinion within a designated time limit.
(2) Where there are reasons for refusal with
respect to some of the designs in an application
for multiple design registration, the serial
number of the designs concerned and the reasons
for refusal shall be indicated.
Article 28 ¡¼Ruling to Grant a Design
Registration¡½
Where an examiner finds no reason for rejecting
an application for the registration of a
design, he shall render a ruling to grant
a design registration.
Article 29 ¡¼Method of Ruling¡½
(1) The examiner's ruling shall be in writing
and shall state the reasons therefor.
(2) When the examiner's ruling has been made,
the Commissioner of the Korean Industrial
Property Office shall transmit a certified
copy of the ruling to the applicant for design
registration.
Article 29bis ¡¼Opposition to Registration
of Unexamined Design¡½
(1) Within three months from the date of
publication of the registration of an unexamined
design, any person may file an opposition
to the grant of the design right with the
Commissioner of the Korean Industrial Property
Office based on the ground that the
registration falls under any of the subparagraphs
of Article 68(1). For registration of designs
under an application of multiple design registration,
an opposition may be filed for each
design.
(2) A person filing an opposition to registration
of an unexamined design shall submit an
application for opposition to registration
of an unexamined design, to the Commissioner
of
the Korean Industrial Property Office which
shall state the following, together with supporting
evidence:
(¥¡) the name and address of the person filing
the opposition to registration of an
unexamined design and the agent (in the case
of a legal entity, the title, place of business,
and the name of its representative);
(¥¢) the indication of the registered design(s)
subject to the opposition to registration of
the
unexamined design;
(¥£) the purpose of the opposition to registration
of the unexamined design; and
(¥¤) the grounds for the opposition to registration
of the unexamined design and indication of
supporting evidences.
(3) When an opposition to registration of
an unexamined design is filed, the head of the
collegial body of examiners under Article
29quater (hereinafter referred to as the "presiding
trial examiner") shall transmit a certified
copy of the opposition to registration of an
unexamined design to the owner of the registered
design right subject to the opposition and
give him an opportunity to submit a written
reply within a designated time limit.
(4) The provision of Article 68(6) shall
apply mutatis mutandis to the filing of an opposition
to
registration of unexamined design under paragraph
(1).
Article 29ter ¡¼Amendment to Grounds for
Opposition to Registration of Unexamined Designs,
etc.¡½
A person filing an opposition to registration
of an unexamined design may amend the
grounds or evidence indicated on the written
opposition to registration of an unexamined
design within thirty days from the date of
filing of said opposition.
Article 29quater ¡¼Collegial Body for
Examination and Decision, etc.¡½
(1) A collegial body consisting of three
examiners shall examine and decide an opposition
to
registration of an unexamined design.
(2) The Commissioner of the Korean Industrial
Property Office shall designate examiners
constituting a collegial body for each opposition
to registration of an unexamined design.
(3) The Commissioner of the Korean Industrial
Property Office shall appoint one of the
examiners designated by paragraph (2) as
a presiding examiner.
(4) The provisions of Articles 144(2), 145(2)
and 146 of the Patent Law shall apply mutatis
mutandis to the collegial body of examiners
and the presiding examiner.
Article 29quinquies ¡¼Decision on Opposition
to Registration of Unexamined Designs¡½
(1) The examiner shall make a decision on
the opposition to registration of an unexamined
design after the time limits provided under
Articles 29bis(3) and 29ter have lapsed.
(2) Notwithstanding Article 29bis(3), where
a person filing a opposition to registration
of an
unexamined design fails to submit the grounds
and evidence thereon, the examiner may
reject the opposition to registration of
an unexamined design by decision after the time
limits
provided under the provisions of Article
29ter have lapsed.
(3) Where it is deemed that an opposition
to registration of an unexamined design has
merit,
a decision of revocation of the registered
design shall be made (hereinafter referred to
as a
"decision of revocation".)
(4) Where a decision of revocation becomes
final and conclusive, the design right shall
be
deemed never to have existed.
(5) Where it is deemed that the opposition
to registration of an unexamined design has
no
merit, a decision to maintain the registered
design shall be made. (hereinafter referred
to as
a "decision of maintenance")
(6) No appeal shall be made against a decision
of rejection and/or maintenance to an
opposition to the registration of an unexamined
design.
Article 30 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
(1) The provisions of Articles 58, 61, 68
and 78 of the Patent Law shall apply mutatis
mutandis to examination of applications for
the registration of a design.
(2) The provisions of Articles 72, 73, 75,
76, 78, 141(1) to (3), 142, 154(8), 157, 165(3)
to (6),
and 166 of the Patent Law shall apply mutatis
mutandis to examination or decision of the
opposition to registration of an unexamined
design.
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