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 CHAPTER
IV REGISTRATION FEES AND REGISTRATION OF DESIGNS
Article 31 ¡¼Design Registration Fees¡½
(1) A person desiring to register the establishment
of a design right, or the owner of a design
right, shall pay the design registration
fees (hereinafter referred to as "registration
fees").
(2) Matters relevant to the payment of registration
fees, including the method and time limits
for payment of such fees under paragraph
(1), shall be prescribed by the Ordinance of
the
Ministry of Trade, Industry and Energy.
Article 32 ¡¼Payment of Registration Fees
by an Interested Party¡½
(1) Regardless of the intent of a person
responsible for payment of registration fees,
any
interested party may pay such fees.
(2) An interested party who has paid the
registration fees in accordance with paragraph
(1)
may demand reimbursement of the fees from
the responsible party if such party is currently
making a profit.
Article 33 ¡¼Late Payment of Registration
Fees¡½
(1) Any person wishing to register the establishment
of a design right, or the owner of a
design right, may make late payments of the
registration fees within six months from the
expiration of the payment period prescribed
under Article 31(2).
(2) Where registration fees are paid late
under paragraph (1), an amount equivalent to
twice
the registration fees shall be paid.
(3) If the owner of the design right or person
wishing to register the establishment of a design
right fails to pay the registration fees
within the extended period provided for under
paragraph
(1), the application for registration of
a design shall be deemed to have been abandoned
or
the design right concerned shall be deemed
to have been extinguished retroactively to the
time when the initial period for payment
of the fees expired.
Article 34 ¡¼Official Fees¡½
(1) A person who files an application for
the registration of a design, makes a request
or
initiates any other procedure shall pay the
official fees.
(2) Matters relevant to the payment of official
fees, including the method and time limits for
payment of the fees under paragraph (1),
shall be prescribed by the Ordinance of the
Ministry of Trade, Industry and Energy.
Article 35 ¡¼Reduction or Exemption of
Registration Fees or Official Fees¡½
(1) Notwithstanding Articles 31 and 34, the
Commissioner of the Korean Industrial Property
Office shall grant an exemption from the
payment of registration fees or official fees
in the
following situations:
(¥¡) official fees or registration fees in
relation to applications for the registration
of a design
or design rights belonging to the State;
or
(¥¢) fees for requests for an invalidation
trial made by an examiner under Article 60(1).
(2) Notwithstanding Articles 31 and 34, where
an application for the registration of a design
has been filed by an entitled person in accordance
with Article 3 of the National Assistance
Law, or a person prescribed by the Ordinance
of the Ministry of Trade, Industry and Energy,
the Commissioner of the Korean Industrial
Property Office may reduce or exempt from
payment, the registration fees equivalent
to the first three years for the registration
of the
establishment of a design right and official
fees as prescribed by the Ordinance of the
Ministry of Trade, Industry, and Energy.
(3) A person who wishes to take advantage
of reduced registration fees or exemption from
the payment of registration fees or official
fees in accordance with paragraph (2) shall
submit
the documents prescribed by the Ordinance
of the Ministry of Trade, Industry and Energy
to
the Commissioner of the Korean Industrial
Property Office.
Article 36 ¡¼Refund of Registration Fees,
etc.¡½
(1) The registration fees and official fees
which have been paid shall not be refunded;
however, such fees are refundable upon the
request of the person making payment in the
following cases:
(¥¡) Registration fees and official fees
which were paid by mistake;
(¥¢) Amount corresponding to the registration
fee for the year following the year in which
the
decision on revocation or invalidation of
the design registration becomes final and conclusive.
(2) The refund of the registration fees and
official fees as referred to in paragraph (1)(i)
may
not be requested following the expiration
of one year from the date of payment, and the
amount corresponding to the registration
fee as referred to in paragraph (1)(ii) is not
subject
to a refund from the date on which the decision
becomes final and conclusive.
Article 37 ¡¼Design Register¡½
(1) The Commissioner of the Korean Industrial
Property Office shall keep a Design Register
at the Korean Industrial Property Office
and shall register the following matters:
(¥¡) the establishment, transfer, extinguishment
or restriction on disposal of a design right;
(¥¢) the establishment, maintenance, transfer,
modification, extinguishment or restriction
on
disposal of an exclusive or non-exclusive
license; and
(¥£) the establishment, transfer, modification,
extinguishment or restriction on disposal of
a
pledge on a design right or on an exclusive
or non-exclusive license.
(2) The Design Register under paragraph (1)
may be stored on electronic format such as
magnetic tape in whole or in part.
(3) Relevant matters relating to the particulars
and procedures of registration not provided
for
in paragraphs (1) and (2) shall be prescribed
by Presidential Decree.
Article 38 ¡¼Issuance of Design Registration
Certificate¡½
(1) When the establishment of a design right
has been registered, the Commissioner of the
Korean Industrial Property Office shall issue
a design registration certificate to the owner
of
the registered design.
(2) When a design registration certificate
does not coincide with the Design Register or
other
documents, the Commissioner of the Korean
Industrial Property Office shall, upon request
or
ex officio, reissue the design registration
certificate with amendments, or issue a new
design
registration certificate.
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