1. Reason for enactment

With the enactment of the “Act on the Promotion of Management and Utilization of Industrial Property Information” (abbreviated as “Industrial Property Information Act,” Law No. 20200 to be promulgated and enforced on Aug. 7, 2024) to promote the utilization of patent data, its Enforcement Decree is aimed at stipulating the items delegated by the Act and matters necessary for its enforcement.

2. Main contents

  a. Purposes (Article 1 of the Draft)

The legislative purposes are to prescribe matters delegated by the Industrial Property Information Act and matters necessary for its enforcement. 

  b. Development of basic and enforcement plans and fact-finding survey (Articles 2~ 4 of the Draft)

To include provisions that will facilitate the development and modification of basic plans, contents related to consultation and cooperation among related agencies, details of development of basic and enforcement plans, and scope and method of fact-finding surveys

  c. Procedures and methods for creating a linkage table between categorized information (Article 5 of the Draft)

To stipulate procedures and methods for creating a linkage table between various kinds of categorized information pursuant to Article 11 of the Industrial Property Information Act

  d. Use and provision of industrial property information (Article 7 of the Draft)

To insert newly Paragraph 1 to specify cases where industrial property information containing personal information can be used and provided

  e. Provision of information with purposes related to national security (Article 8 of the Draft)

To specify the scope of national security-related technologies for which patent-pending industrial property information can be used and provided and relevant agencies to whom such information can be provided

  f. Industrial property information subject to quality control (Article 11 of the Draft)

To stipulate the targets, criteria, procedures, etc. of industrial property information subject to quality control

  g. Entrustment of duties (Article 14 of the Draft)

To specify agencies that can be entrusted with the duties prescribed in this statute

  h. Review of regulation (Article 16 of the Draft)

To specify as "a regulation with no obvious reason to continue" in accordance with Article 18-2 of the Framework Act on Administrative Regulation

  i. Provisions for transferring the existing control under the Enforcement Decree of the Invention Promotion Act 

- (Article 6 of the Draft) To transfer Article 8-6 of the Enforcement Decree of the Invention Promotion Act in reflection of what is enacted by the Industrial Property Information Act (Industrial property rights → Industrial properties)

- (Article 7 of the Draft) To insert newly Paragraph 1 specifying cases where industrial property information containing personal information may be used and provided, and to transfer Paragraphs 3 and 4 of Article 8-2 of the existing Enforcement Decree of the Invention Promotion Act

- (Articles 9~10 of the Draft) To transfer Articles 19 and 19-2 of the existing Enforcement Decree of the Invention Promotion Act

- (Articles 12~13 of the Draft) To transfer Article 8-3 and Article 28-9 of the existing Enforcement Decree of the Invention Promotion Act

- (Article 15 of the Draft) To transfer Article 30 of the existing Enforcement Decree of the Invention Promotion Act, which calculates the fines by target and number of violations for unauthorized users of names or titles