Reasons for Proposal
Major countries such as the United States and Europe prohibit the act of working on an article of a registered utility model without the permission of the utility’s owner, stipulating the acts as a direct infringement, prohibit acts which are not direct infringement but may indirectly infringe the related patent if it is neglected, and also, continue to expand the range of indirect infringement to enhance the effectiveness of the registered utility model protection.
Since Korea's indirect infringement provisions are for exclusive things (used only for the production of an article in relation to the registered utility model), there has been criticism that the scope of the registered utility model protection is too narrow compared to major countries.
For example, since the act of transferring 3D printing data scanned with an article of a registered utility model is not a transfer of the actual article, it cannot be prevented by the registered utility model; since an article having a utility in addition to an article of registered utility model is not an exclusive thing, it cannot be prevented even if it is produced or assigned for use in infringement; since the act informing or designing a formulation, which allows infringement of an article of a registered utility model, includes no direct provision of the article used for infringement, it cannot be prevented by the registered utility model.
Therefore, the amendment is to strengthen the protection of the owner of a utility by expanding the scope of indirect infringement so that a case that is not an exclusive thing also may be the subject of indirect infringement but requires application only if the case has an intention to prevent reckless application (Article 29).
Major Provisions
Acts Constituting the Infringement of Utility Model Right or Exclusive License (Article 29)