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 CHAPTER
¥· RETRIAL AND LITIGATION
Article 73 ¡¼Request for Retrial¡½
(1) Any party may request a retrial against
a trial decision which has become final and
conclusive.
(2) Articles 422 and 424 of the Code of Civil
Procedure shall apply mutatis mutandis to a
request for a retrial under paragraph (1).
Article 74 ¡¼Restriction on Effects of
Design Rights Restored by Retrial¡½
(1) Where a design right relating to an invalidated
design registration has been restored
through a retrial and falls under any of
the following subparagraphs, the effects of
the design
right shall not extend to any product that
was, in good faith, imported into, or manufactured
or acquired in the Republic of Korea, after
the trial decision became final and conclusive
but
before the request for a retrial has been
registered, where:
(¥¡) the design right which was invalidated
has been restored by retrial;
(¥¢) after a trial decision became final
and conclusive, ruling that a product was outside
the
scope of the design right, a decision to
the contrary at a retrial has become final and
conclusive;
(¥£) the establishment of the design right
with respect to an application for registration
of a
design previously rejected by a trial decision
has been registered through retrial.
(2) Where a design right falls under paragraph
(1), the effects of the design right shall not
extend to the following acts:
(¥¡) working of a design in good faith after
the trial decision became final and conclusive
but
before the registration of the request for
a retrial;
(¥¢) manufacturing, assigning, leasing, importing,
or offering for assigning or leasing the
products to which the registered design has
been applied, after the trial decision became
final and conclusive but before the registration
of the request for a retrial.
Article 75 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
The provisions of Articles 179, 180 and 182
to 185, of the Patent Law and Articles 186 to
191 of the Patent Law shall apply mutatis
mutandis respectively, to a retrial or litigation,
with
respect to a design.
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