IP/N/1/KOR/37, IP/N/1/KOR/I/1, IP/N/1/KOR/P/17

Korea, Republic of

Utility Model Act

Amendments were made on regulations on enforcement. Under the previous system, an investigation for the crime of infringement was initiated only when a victim files a complaint within six months from the date on which the victim becomes aware of the infringement according to Article 230 of the Criminal Procedure Act. Due to the limitation of the timeline, victims were likely to file a request in a hurry without sufficient preparation. Another problem was that even cases showing clear evidence of infringement could not be investigated unless a victim submitted a complaint. In order to solve this issue, the new system allows an investigation to commence and proceed without a victim’s complaint. The system also introduces the condition that prosecution cannot be initiated if the victim clearly expresses his/her intention not to open a case.

The latest and previous texts are available at: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=60922&lang=ENG

kipomla@korea.kr (Korean Intellectual Property Office)

https://ip-documents.info/2024/IP/KOR/24_01309_00_e.pdf