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CHAPTER I General
Provisions
Article 1 【Purpose】
The purpose of this Law shall be to promote
the progress of technology by protecting and
encouraging practical
devices and by striving for their utilization,
so as to contribute to the development of industry.
Article 2 【Definitions】
The definitions of terms used in this Law
shall be as follows:
(ⅰ) "device" means the creation
of technical ideas utilizing rules of nature;
(ⅱ) "registered utility model"
means a device for which a utility model has
been granted; and
(ⅲ) "working" means acts of manufacturing,
using, assigning, leasing, importing, or offering
for assigning or leasing
(including displaying for purpose of assignment
or lease) an article to which a device has been
applied.
Article 3 【Invalidation of Procedure】
(1) When a person who has been notified to
make an amendment in accordance with Article
11 or 12, fails to do so
within a designated time limit, the Commissioner
of the Korean Industrial Property Office or
the President of the
Industrial Property Tribunal may invalidate
the procedure relating to the utility model.
(2) If a procedure has been invalidated under
paragraph (1) and the failure to meet the time
limit is deemed to have
been caused by a natural disaster or other
unavoidable circumstances, the Commissioner
of the Korean Industrial
Property Office or the President of the Industrial
Property Tribunal may revoke the disposition
of invalidation upon a
request made by the person who was notified
to make the amendment, within fourteen days
from the date on which
the reasons for the delay cease to exist.
However, this provision shall not apply if the
request is made more than
one year after the expiration of the time
limit.
Article 4 【Mutatis Mutandis Application
of Provisions of the Patent Law】
The provisions of Articles 3 to 15 and 17
to 28quinquies of the Patent Law shall apply,
mutatis mutandis, with
respect to utility models. In such operation,
a person who requests an examination of a patent
application pursuant
to Article 4 of the Patent Law shall be deemed
a person who requests a technical evaluation
of a utility model
application.
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