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Path : Information > IP Laws > Utility model > ChapX

Patent   |   Utility model   |   Design   |   Trademark

 

  CHAPTER X SUPPLEMENTARY PROVISIONS  

 

Article 73 ¡¼Utility Model Gazette¡½  

(1) The Korean Industrial Property Office shall publish the Utility Model Gazette.

(2) The Utility Model Gazette may be published by the electronic media under conditions

prescribed by the Ordinance of the Ministry of Industry and Energy.

(3) In publishing the Utility Model Gazette by the electronic media, the Commissioner of the

Korean Industrial Property Office shall make public, matters regarding publication of the

Utility Model Gazette, its main contents and service by public notification through

computerized network.  

 

Article 74 ¡¼Special Provisions for Utility Model Registration or Right with Two or More Claims¡½  

In applying Article 74(3) of the Patent Law as applied mutatis mutandis under Article 48 of

this Law, Articles 21(2), 32(1)(i), 40(1)(i), 40(1)(iii) and 40(1)(v) of this Law, Articles 101(1)(i)

and 119(1) of the Patent Law as applied mutatis mutandis under Article 42 of this Law,

Articles 139(1), 181, 182, 104(1)(ii), 104(1)(iv) and 104(1)(v) of the Patent Law as applied

mutatis mutandis under Articles 49(2), 49(3), 51(5) and 56 of this Law, with respect to a

utility model registration or utility model right having two or more claims, the utility model

registration shall be deemed to have been registered, or a utility model right shall be deemed

to have been established, for each claim.

 

Article 75 ¡¼Indication of Utility Model Registration¡½  

An owner of a utility model right, or an exclusive or non-exclusive licensee, may identify a

utility model registration on the registered utility model product, or a container or packaging

thereof.

 

Article 76 ¡¼Prohibition against False Indication¡½  

No person shall be allowed to perform any of the following acts:

(¥¡) marking to indicate that a utility model registration has been granted or a utility model

application has been filed, or any sign likely to cause confusion in a similar manner, on an

article for which a utility model has not been registered or a utility model application is not

pending, or a container or packaging thereof;

(¥¢) assigning, leasing or displaying an article which has been marked with an indication

referred to in subparagraph (i); or

(¥£) for purposes of manufacturing, using, assigning or leasing an article referred to in

subparagraph (i), marking with an indication upon advertisements, signboards or tags that a

utility model has been registered for the article, a utility model application has been filed

therefor, or marking with any sign likely to cause such confusion.  

 

Article 77 ¡¼Mutatis Mutandis Application of Provisions of the Patent Law¡½  

The provisions of Articles 216 to 220, 222 and 224bis of the Patent Law shall apply mutatis

mutandis to a utility model application. In this case "examination" in Articles Article 217 and

217bis of the Patent Law shall read "technical evaluation of a utility model application."

  

 

 

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