• go facebook
  • go twitter
  • go blog
  • go youtube
  • go linkedin
  • go rss
상단검색

Date   :

~

Sort   :

Intellectual Property Rights (IPR)

Intellectual property rights are defined as the legal rights bestowed upon a person’s intellectual creation that is considered worthy of receiving legal protection.

Types of intellectual property rights

Industrial property rights
  • Patent
  • Utility model
  • Design right
  • Trademark
Copyright
  • Copyright
  • Neighboring right
  • Database
Patent application and examination process flowchart

(※ The Articles refer to the Trademark Act)

  • Application

    (Article 42)

    Within 5 years

  • Formality examination
    • 15 months after application
    • Publication of application

      (Article 64)

  • Request for examination
    • No Request for examination
      • Application deemed withdrawn

        (Article 59)

    • YES Request for examination
  • Substantive examination
  • Reason for rejection
    • YES Reason for rejection

      ※ Refer to the examination flowchart after the notification of reason for refusal

      • Notice of grounds for rejection

        (Article 63)

        • Written opinion/ complementary statement
      • Resolution of reason for rejection
        • No Resolution of reason for rejection
          • Decision of rejection

            (Article 62)

            • Request for re-examination
          • Trial against decision to reject patent application

            (Article 132-3)

            • Decision to revoke refusal

              (Article 176)

          • Decision to maintain refusal
        • YES Resolution of reason for rejection
    • No Reason for rejection
      • Decision to grant patent

        (Article 66)

      • Registration of patent right establishment and publication of registration

        (Article 87)

      • Request for invalidation trial

        (Article 133)

        • Revoke

          (Article 162)

        • Maintain

          (Article 162)

  • Patent Court

    (Article 186)

  • Supreme Court
Trademark examination process flowchart
  • Trademark registration application
  • Examination [Substantive examination]
    • Notice of grounds for rejection
    • Written opinion/ complementary statement
      • [Reason for rejection is resolved]
        • Publication of application
        • Public examination: 2 months

          • Filing of opposition
            • Notice of filing of opposition
            • Notice of response to opposition
          • Decision of opposition
            • No Reason

              Appeal unacceptable

              • Decision of registration
              • Registration
            • Reason
      • [Reason for rejection is not resolved]
    • Decision of rejection

      [Appeal]

    • Intellectual Property Trial and Appeal Board

      [Appeal]

    • Patent Court

      Go to Examination [Substantive examination]

    • Supreme Court

      Go to Examination [Substantive examination]

[Invalidation of original decision]

Design application and examination flowchart
  • Issuance of applicant code
  • Submission of application
  • Issuance of application number
  • Digitalization of application document
  • Formality examination of application
  • Examination of qualification for registration
    • Notice of submission of opinion
    • Written opinion/ complementary statement

      Unresolved

      • Rejection decision
      • Trial against decision to reject application
        • Cancellation (Go to Registration decision)
      • Filing of lawsuit for cancellation of trial decision
  • Registration decision
  • Payment of registration fee
  • Public notice of registration

    Opposition against registration

    • Decision to cancel registration

      (Go to Trial against decision to reject application)

  • Issuance of registration certificate

Efforts to protect intellectual property rights

  • Reinforcement of the protection of
    intellectual property rights

    • Establishment of a world-class intellectual property
      service system
    • Related laws and system improvements
    • Prevention of counterfeit products distribution
    • Efforts to educate the public about intellectual
      property rights protection
    • Information on intellectual property rights and
      counseling services
  • Intensification of international cooperation

    • Intensification of multinational cooperation
      (IP5: KoreaㆍU.S.ㆍJapanㆍChinaㆍEurope)
    • Intensification of bilateral cooperation
    • International patent application system according
      to the Patent Cooperation Treaty (PCT)
    • Protection of internationally recognized trademarks

Contact

  • Contact for inquiries concerning industrial property rights
    (patents, trademarks and designs)

    Korea Intellectual Property Office Call Center (+82-1544-8080)

  • Contacts for inquiries concerning copyrights

    Korea Copyright Committee (www.copyright.or.kr / +82-2-2660-0000)
    Ministry of Culture, Sports and Tourism (+82-44-203-2000)
    (Division in charge: Copyright Policy Division under the Cultural Contents Project Office)

  • Brand Police

    www.brandpolice.co.kr

    +82-2-1666-6464

Online
consultant
KOTRA
SUH Sung-bong Executive Consultant

Recommended Content

Publications-Investment Guides

더보기

OneClick, Practical Law

더보기