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CHAPTER ¥¶ OPPOSITION
TO REGISTRATION OF A UTILITY MODEL
Article 47 ¡¼Opposition to Registration
of a Utility Model¡½
(1) Within three months from the publication
of a utility model registration, any person
may
file an opposition to the registration of
the utility model with the Commissioner of the
Korean
Industrial Property Office on the grounds
that the utility model registration falls under
any
one of the following subparagraphs. Where
the registered utility model contains two or
more
claims, an opposition may be filed for each
claim:
(¥¡) where the utility model has been registered
contrary to the provisions of Article 25 of
the
Patent Law as applied mutatis mutandis under
Article 4 of this Law, Articles 5, 7, 8(1) to
8(4) of this Law, and Articles 33 or 44 of
the Patent Law as applied mutatis mutandis under
Article 20 of this Law;
(¥¢) where the utility model has been registered
to a person not entitled to obtain the
registration for the utility model;
(¥£) where the utility model has been registered
in violation of a treaty;
(¥¤) where the utility model has been registered
in violation of the provisions of Article 9(3)
or
9(4); or
(¥¥) where the establishment of the utility
model has been registered in violation of the
proviso of Article 35(2).
(2) When filing an opposition, the opponent
shall file a written opposition, together with
relevant evidence, with the Commissioner
of the Korean Industrial Property Office. The
opposition shall state the following:
(¥¡) the name and the domicile of the opponent
(for a legal entity, its title, place of business
and the name of its representative);
(¥¢) the name and the domicile or place of
business of an agent, if any;
(¥£) identification of the utility model
registration to which the opposition pertains;
and
(¥¤) the grounds for opposition and identification
of relevant evidence.
(3) The provisions of Article 49(4) of this
Law shall apply mutatis mutandis to an opposition
to the registration of a utility model.
Article 48 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
The provisions of Articles 70 to 78bis of
the Patent Law shall apply mutatis mutandis
with
respect to an opposition to the registration
of a utility model. Pursuant thereto "Articles
136(2) to 136(4)" in Article 77(3) of
the Patent Law shall read "Articles 136(2)
and 136(4)",
and "Article 136(2) or 136(3)"
in Article 77(4) of the Patent Law shall read
"Article 136(2)",
and "a decision on an opposition"
in Article 78(1) of the Patent Law shall read
"a decision on
a request for technical evaluation or a decision
on an opposition."
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