Reasons for Proposal
In the event that the purport of a priority claim is omitted due to the applicant’s mistake during divisional application, this Act aims to accommodate the applicant’s convenience by preventing the registration of an application for design registration from being rejected due to others’ application for design registration or one’s publicly known design filed during the priority claim period.
In addition, this Act aims to preemptively prevent the possible invalidity of design registration by allowing re-examination in the event that the examiner finds a clear defect even after the determination of design registration before registration fees are paid, to protect the design right owner by providing a non-exclusive license and allowing for continuing license business in the event that the owner of a design licenses the design before filing for the division of the shared article even though the jointly owned design right is transferred to others by auction, etc., and to improve conveniences for the applicant and right owner and protect their right by providing a sufficient period of time for the applicant and right owner to file a petition against a decision to dismiss an amendment without prejudice, reject, or cancel registration so that they can fully prepare for trial.
Details
A. Ease the design right reinstatement requirement by cancellation of an invalidated procedure or late payment or payment of underpaid fees from “cause beyond his/her control” to “reasonable cause” (Article 18 paragraph 2 and Article 84 paragraph 1).
B. Extend the period for filing a petition for re-examination from 30 days to 3 months, and expand the amendment period of an application for design registration as a result of a petition for re-examination from the time of filing to the period for filing a petition for re-examination (Article 48 paragraph 4 subparagraph 2 and Article 64 paragraph 1).
C. In the event that an application for design registration whose priority claim or documentation is submitted is filed for divisional application, consider such priority claim or documentation to have been submitted for the divisional application (Article 50 paragraph 2, and paragraphs 4 and 5 newly inserted).
D. In the event that the examiner finds a clear defect even after the determination of design registration, allow ex officio re-examination (Article 66-2 and 195-2 newly inserted).
E. Provide a non-exclusive license in the event that the owner of a design licenses the design before filing for the division of the shared article even though the jointly owned design right is transferred to others by auction, etc. (Article 110).
F. Require the design rights of the corporation in the liquidation procedure to disappear on the next day of its liquidation completion registration date if the corporation does not register the design rights for transfer until its liquidation completion registration date (Article 111 paragraph 2 newly inserted).
G. Extend the period for filing a petition against a decision to dismiss an amendment without prejudice, reject, or cancel registration from 30 days to 3 months (Articles 119 and 120).
