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CHAPTER X PENAL
PROVISION
Article 78 ¡¼Offense of Infringement¡½
(1) Any person who infringes a utility model
right or exclusive license shall be liable to
imprisonment with labor not exceeding five
years or to a fine not exceeding 50,000,000
won.
(2) Prosecution for offenses under paragraph
(1) shall be initiated upon filing of a complaint
by an injured party.
Article 79 ¡¼Offense of Perjury¡½
(1) Where a witness, expert witness or interpreter,
having taken an oath under the this Law,
has made a false statement or given a false
expert opinion or interpreted falsely before
the
Industrial Property Tribunal, he/she shall
be liable to imprisonment with labor not exceeding
five years, or a fine not exceeding 5,000,000
won.
(2) Any person having committed an offense
under paragraph (1) who admits such offense
before the decision of an opposition or a
trial decision relating to the utility model
registration
becomes final and conclusive, may be partially
or totally exempted from the application of
the sentence.
Article 80 ¡¼Offense of False Marking¡½
Any person who violates the provisions of
Article 76 of this Law shall be liable to
imprisonment with labor not exceeding three
years or to a fine not exceeding 20,000,0000
Won.
Article 81 ¡¼Offense of Fraud¡½
Any person who has obtained a utility model
registration, a decision on a technical
evaluation, or an official or a trial decision
in an opposition to a utility model registration,
by
means of fraudulent or other unjust acts,
shall be liable to imprisonment with labor not
exceeding three years or to a fine not exceeding
5,000,000 Won.
Article 82 ¡¼Offense of Divulging Secrets¡½
Where any present or former official of the
Korean Industrial Property Office has disclosed
or
appropriated a device disclosed in a pending
utility model application to which he had
access to during the course of his duties,
he shall be liable to imprisonment with labor
for a
period not to exceed two years or to a fine
not to exceed 3,000,000 Won.
Article 83 ¡¼Officers and Employees of Computerized
Patent Document Processing
Agency as Public
Officials; irrebuttable presumption¡½
A person who is or was an officer or employee
of any computerized patent document
processing agency pursuant to Article 217bis
of the Patent Law as applied mutatis mutandis
under Article 77 of this Law, shall be deemed
to be a present or former official of the Korean
Industrial Property Office for purposes of
applying Article 82 of this Law.
Article 84 ¡¼Dual Liability¡½
Where a representative of a legal entity
or an agent, employee or other servant of a
legal
entity or natural person, has committed an
act in violation of Article 78(1), 80 or 81
with
regard to the business of the legal or natural
person, the legal or natural person, in addition
to the offender, shall be subject to the
fine prescribed in said Articles.
Article 85 ¡¼Confiscation, etc.¡½
(1) Any goods which are the subject of an
act of infringement under Article 78(1) or any
goods arising out of such act infringement,
shall be confiscated or, upon request of the
injured party, a judgment shall be rendered
to the effect that such goods shall be delivered
to
the injured party.
(2) Where goods are delivered to the injured
party under paragraph (1), the injured party
may
claim compensation of damages in excess of
the value of such goods.
Article 86 ¡¼Administrative Fine¡½
(1) Any person who has committed an act that
falls under any of the following subparagraphs
shall be liable to an administrative fine
not exceeding 500,000 Won:
(¥¡) where a person who has taken an oath
under Articles 271(2) and 339 of the Code of
Civil
Procedure has made a false statement before
the Industrial Property Tribunal;
(¥¢) where a person was ordered by the Industrial
Property Tribunal to submit or present
documents or other materials for taking or
the preservation of evidence, and has failed
to
comply with the order without justifiable
reasons;
(¥£) where a person has failed to comply
with an order to report under Article 125 of
the
Patent Law as applied mutatis mutandis under
Article 42 of this Law, on matters relating
to
the working of a registered utility model,
without justifiable reasons; or
(¥¤) where a person was summoned by the Industrial
Property Tribunal as a witness, an
expert witness or an interpreter and has
failed to comply with the subpoena, or has refused
to take an oath, to make a statement, to
testify, to give an expert opinion or to interpret,
without justifiable reasons.
(2) The administrative fine referred to in
paragraph (1) shall be imposed and collected
by the
Commissioner of the Korean Industrial Property
Office as prescribed by Presidential Decree.
(3) Any person who objects to the imposition
of an administrative fine under paragraph (2)
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, upon receipt of a protest
under paragraph (3), shall notify, without
delay, a court of competent jurisdiction which
shall
adjudicate the administrative fine case according
to the provisions of the Law on
Non-Litigation Non-Contentious Procedures.
(5) Where no objection has been raised within
the period prescribed in paragraph (3) and
where the fine has not been paid, the Commissioner
of the Korean Industrial Property Office
shall make collection thereof in accordance
with rules on the collection of national taxes
in
arrears through the head of a competent tax
office.
ADDENDUM
Article 1 ¡¼Date of Entry into Force¡½
The majority of this amended Law shall enter
into force on July 1, 1999. However, provisions
of Articles 28bis to 28quinquies shall enter
into force on January 1, 1999. The amended
provisions with respect to the effect of
the description, claims, drawings and abstract
of an
international utility model application filed
in Korean in amended Article 59(6), amended
provisions with respect to the exemption
of the submission of the translation of an
inter-national utility model application
filed in the Korean language in amended Article
65(1),
amended provisions with respect to the exemption
of the submission of the translation of an
international utility model application filed
in the Korean language in Article 210 as applied
mutatis mutandis under Article 72 of this
amended Law, and the provisions of Articles
193(1)
and 198bis of the Patent Law as applied mutatis
mutandis under Article 72 of this amended
Law, shall enter into force from the effective
date of the agreement made between the
Government of the Republic of Korea and International
Bureau with respect to the recognition
as an International Search Authority under
the provision of Article 16(3)(b) of the Patent
Cooperation Treaty.
Article 2 ¡¼General Transitional Measures¡½
Examinations, registrations, utility model
rights, oppositions to registrations, trials,
retrials
and litigation with respect to a utility
model application filed under the previous provisions
and before the enforcement of this amended
Law shall be governed by the previous
provisions.
Article 3 ¡¼Transitional Provisions for Processing
Utility Model Application
Related Procedures
by Computerized Documents¡½
The provisions of Articles 28ter to 28quinquies
of the Patent Law as applied mutatis
mutandis under Article 4 of this amended
Law and Article 217bis(5) of the Patent Law
as
applied mutatis mutandis under Article 77
of this amended Law shall be applied to a utility
model application filed after January 1,
1999.
Article 4 ¡¼Transitional Provisions to Requirements
for Utility Models¡½
The amended provisions of Article 5(3) shall
be applied where a device for which a utility
model application is filed after this amended
Law comes into force (hereinafter referred to
as
a "later filed invention") is identical
with a device described in the specification
or drawings of
a utility model application filed prior to
the enforcement date of this amended Law and
laid
open after the filing date of the later filed
invention.
Article 5 ¡¼Transitional Provisions for Applications
Filed Under the Previous Law¡½
(1) Notwithstanding Article 2 of this Addendum,
the provisions of this amended Law shall be
applied to a utility model application which
was filed before the enforcement date of this
amended Law (except where 6 years have passed
since the filing date of the utility model
application on the enforcement date of this
amended Law), where the applicant requests to
apply this amended Law to the utility model
application.
(2) A person who intends to request application
of this amended Law under paragraph (1),
shall submit a petition within one year from
the enforcement date of this amended Law to
the
Commissioner of the Korean Industrial Property
Office as prescribed by the Ordinance of the
Ministry of Industry and Energy. A request
for application of this amended Law to an
international application considered to be
a utility model application under Articles 36(1)
or
44(4) of the Previous Law, may be submitted
only if the translated version and documents
under Articles 37(1) and 38 of the Previous
Law and the registration fees are submitted
under
Article 17(1) of the Previous Law.
(3) A utility model application which is
governed by this amended Law under paragraph
(1)
shall be considered to have been filed on
the filing date of the original application,
but the
original utility model application shall
be considered to be withdrawn at the time of
the
request under paragraph (1).
(4) An amendment to the specification, drawings
or abstract attached to a utility model
application which is governed by this amended
Law under paragraph (1), may be made after
the filing date of the petition under paragraph
(2) and within the time limit prescribed by
the
Ordinance of the Ministry of Industry and
Energy under the proviso of Article 13(1).
Article 6 ¡¼Amendments to Other Laws¡½
(1) The Law for the Promotion of Inventions
shall be amended as follows:
in Article 14, "Article 11 of the Utility
Model Law" shall be amended to "Article
20 of the
Utility Model Law."
(2) Court Organization Law shall be amended
as follows:
in Articles 28(4)(i) and 54 bis(ii), "Article
35 of the Utility Model Law" shall be amended
to
"Article 55 of the Utility Model Law."
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