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CHAPTER IV REGISTRATION
FEES AND UTILITY MODEL REGISTRATION, ETC.
Article 29 ¡¼Registration Fees¡½
(1) A person who wishes to register a utility
model right or the owner of a utility model
right
under Article 35(1), shall pay registration
fees.
(2) Registration fees for the first year
of registration under paragraph (1) shall be
paid
simultaneously with an application for a
utility model (a divisional application in case
of a
division under Article 16 of this Law or
a dual application in case of a co-filing under
Article
17 of this Law).
(3) Matters necessary for payment of registration
fees, including procedures and time limits
for payments under paragraph (1), shall be
prescribed by the Ordinance of the Ministry
of
Industry and Energy.
Article 30 ¡¼Official Fees¡½
(1) A person initiating a procedure relating
to a utility model registration or requesting
a
technical evaluation for a utility model,
shall pay official fees.
(2) Matters necessary for payment of official
fees, including procedures and time limits for
payments under paragraph (1), shall be prescribed
by the Ordinance of the Ministry of
Industry and Energy.
Article 31 ¡¼Refund of Registration Fees,
etc.¡½
(1) Registration fees and official fees which
have been paid shall not be refunded. However,
in
the following cases, such fees shall be refunded
upon a request by the person who made
such payment:
(¥¡) registration fees or official fees paid
by mistake;
(¥¢) portions corresponding to the registration
fees for years subsequent to the year in which
a decision of revocation has become final
and conclusive under Article 25(1) of this Law
or
Article 74(3) of the Patent Law as applied
mutatis mutandis under Article 48 of this Law,
or a
decision of invalidation for a utility model
registration has become final and conclusive;
or
(¥£) registration fees paid for a utility
model application which has been invalidated
under
Article 3(1) of this Law.
(2) The refund of the registration fees and
official fees under subparagraph (1)(i) may
not be
claimed after one year from the date of payment,
and the refund of the portions
corresponding to registration fees under
subparagraphs (1)(ii) and (1)(iii) may not be
claimed
after one year from the date when a decision
of invalidation or revocation becomes final
and
conclusive.
Article 32 ¡¼Utility Model Register¡½
(1) The Commissioner of the Korean Industrial
Property Office shall maintain a Utility Model
Register at the Korean Industrial Property
Office and shall register the following matters:
(¥¡) the establishment, transfer, extinguishment
or restriction on disposal of a utility model
right;
(¥¢) the establishment, maintenance, transfer,
modification, extinguishment or restriction
on
disposal of an exclusive or non-exclusive
license;
(¥£) the establishment, transfer, extinguishment
or restriction on disposal of a pledge on a
utility model right or on an exclusive or
non-exclusive license; and
(¥¤) matters equivalent to those stated in
subparagraphs (1)(i) to 1(iii) as prescribed
by
Presidential Decree.
(2) All or parts of the Utility Model Register
under paragraph (1) may be stored on magnetic
tapes, etc..
(3) Specifications and drawings of registered
utility models and other documents prescribed
by Presidential Decree are considered to
be part of the Utility Model Register.
(4) Necessary matters relating to the procedures
of registration and the maintenance of the
register shall be prescribed by Presidential
Decree.
Article 33 ¡¼Issuance of Utility Model
Registration Certificate¡½
(1) When the establishment of a utility model
right has been registered, the Commissioner
of
the Korean Industrial Property Office shall
issue a utility model registration certificate
to the
owner of the utility model right.
(2) When the utility model registration certificate
does not coincide with the Utility Model
Register or other equivalent documents, the
Commissioner of the Korean Industrial Property
Office shall reissue the utility model registration
certificate with amendments, or issue a new
utility model registration certificate upon
request or ex officio.
(3) When a trial decision for correction
under Article 51(1) of this Law has become final
and
conclusive, the Commissioner of the Korean
Industrial Property Office shall issue a new
utility model registration certificate in
accordance with the trial decision.
Article 34 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
The provisions of Articles 80, 81 and 83
of the Patent Law shall apply mutatis mutandis
with
respect to registration fees and utility
model registrations. In this case, "[a]
patentee or any
person wishing to register the establishment
of a patent right" in Article 81(1) shall
read "an
owner of the utility model right", and
"the patent application shall be deemed
to have been
abandoned and the patent right concerned
shall be deemed to have been extinguished
retroactively to the time when the period
for payment of the patent fees expired"
in Article
81(3) shall read "the utility model
right shall be deemed to have been extinguished
retroactively to the time when the period
for payment of the registration fees expired."
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