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 CHAPTER Ⅹ PENAL PROVISIONS

Article 93 【Offense of Infringement】

Any person who has infringed a trademark 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.

Article 94 【Offense of Perjury】

(1) Where a witness, expert witness, or interpreter, having taken an oath under law, made a false statement or given a false expert opinion or interpreted falsely before the Industrial Property Tribunal, such person 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) of this Article who reveals the offense prior to the conclusion of the examination of the case, prior to the examiner's decision being rendered or prior to a trial decision on the case becoming final and conclusive may be partially or totally exempted from the application of the penalty.

Article 95 【Offense of False Marking】

Any person who has violated Article 91 shall be liable to imprisonment with labor not exceeding three years or to a fine not exceeding 20,000,000 Won.

Article 96 【Offense of Fraud】

Any person who has obtained a trademark registration, the supplementary registration of designated goods, the registration for renewal of term of a trademark right or a trial decision by means of a fraudulent act 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 97 【Dual Liability】

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 Article 93, 95 or 96 with regard to the business of the legal entity or natural person, the legal entity or natural person, in addition to the offender, shall be sentenced to the fine provided for in those respective Articles.

Article 97bis 【Confiscation】

(1) Trademarks or packagings infringing on the trademark rights or exclusive use rights of another under Article 93, or obtained by such infringement actions, or machinery used for the production of goods, trademarks, or packagings shall be confiscated.

(2) Goods which may be easily detached from their trademarks or packagings for the purpose of removing the infringement and which does not effect the function and/or feature of those goods may not be confiscated, notwithstanding paragraph (1) of this Article.

Article 98 【Administrative Fine】

(1) Any person who has committed an act in violation of any of the following subparagraphs shall be subject to an administrative fine not exceeding 500,000 Won:

(ⅰ) a person who has taken an oath under Article 271(2) or 339 of the Code of Civil Procedure and has made a false statement before the Industrial Property Tribunal;

(ⅱ) a person who was ordered by the Industrial Property Tribunal to submit or show documents or other materials with respect to the taking of evidence or for the preservation of evidence, but failed to comply with the order without justifiable reasons; or

(ⅲ) a person who was summoned by the Industrial Property Tribunal as a witness, expert witness or interpreter but failed to comply with the subpoena or has refused to take an oath, make a statement, testify, give an expert opinion or interpret, without justifiable reasons.

(2) The administrative fine referred to in paragraph (1) of this Article 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) of this Article 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) of this Article, notify the competent court without delay, which shall then adjudicate the case of the administrative fine according to the provisions of the Act on Non-Contentious Procedures.

(5) Where no objection has been raised within the period prescribed in paragraph (3) of this Article 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.