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 CHAPTER
IX SUPPLEMENTARY PROVISIONS
Article 76 【Inspection of Documents】
(1) A person who desires a design registration
certificate, a certified copy or extract of
documents, inspection or copy of the Design
Register or other documents may make a
request to that effect to the Commissioner
of the Korean Industrial Property Office or
the
President of the Industrial Property Tribunal.
(2) The Commissioner of the Korean Industrial
Property Office or the President of the
Industrial Property Tribunal may not grant
the request under paragraph (1) if the required
document relates to an application that has
not been published and has not led to the
registration of a design right, or is liable
to contravene public order or morality.
Article 77 【Prohibition of Opening or
Removal of Design Register and Documents
Relating to Application, Examination,
Opposition, Trial or Retrial】
(1) The removal of the Design Register or
of documents relating to an application for
design
registration, examination, opposition to
the registration of unexamined design, trial
or retrial
shall be prohibited.
(2) response shall not be given to a request
for an expert opinion, testimony or an inquiry
as
to the contents of a pending application
for design registration, examination, opposition
to
the registration of unexamined design, trial
or retrial or as to the contents of a decision
or
ruling.
Article 78 【Design Gazette】
(1) The Korean Industrial Property Office
shall publish the Design Gazette. However, a
registered design which is required to be
kept in secret for the purposes of national
defense
under Article 41 of the Patent Law as applied
under Article 24 of the Design Law shall not
be
published in the Design Gazette.
(2) The Design Gazette may be published through
electronic media as prescribed by the
Ordinance of the Ministry of the Trade, Industry
and Energy.
(3) When the Design Gazette is published
through electronic media, the Commissioner of
the Korean Industrial Property Office shall
make public the fact of publication of the Design
Gazette, its principal contents and service
by public notification through a computerized
network.
(4) Matters to be published in the Design
Gazette shall be determined by Presidential
Decree.
Article 79 【Design Registration Marking】
The owner of a design right or an exclusive
or non-exclusive licensee may mark upon the
product to which a registered design has
been applied for, an identification of the registered
design, or the identification may be made
on the container or package thereof.
Article 80 【Prohibition of False Marking】
The following acts shall be unlawful:
(ⅰ) marking an indication of a design registration
having been granted or an application for
registration of a design having been filed,
or any sign likely to cause confusion therewith,
on
a product for which a design registration
has not been granted or an application for the
registration of a design is not pending,
or on a container or package thereof;
(ⅱ) assigning, leasing or displaying product
which has been marked as referred to in
subparagraph (i);
(ⅲ) marking an indication that product is
subject to a registered design or an application
for
registration of a design, or any confusingly
similar indication, on advertisements, signboards
or tags for the purpose of causing others
to manufacture, use or lease the product for
which
a design registration has not been granted
or a design application is not pending.
Article 81 【Mutatis Mutandis Application
of Provisions of the Patent Law】
The provisions of Articles 218 to 220, 222
and 224bis of the Patent Law shall apply mutatis
mutandis with respect to designs.
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