(1) If a design right claimed in an application filed on or before the filing date of a patent application and registered accordingly conflicts with the patent, the holder of the design right at the expiration of the term of the design right shall have a non-exclusive license of the patent within the scope of the design right or a non-exclusive license of the exclusive license that exists on the patent at the expiration of the term of the design right, within the scope of the design right.
(2) If a design right claimed in an application filed on or before the filing date of a patent application and registered accordingly conflicts with the patent, the holder of either of the following rights at the expiration of the design right shall have a non-exclusive license of the patent within the scope of the design right or a non-exclusive license of the exclusive license that exists on the patent at the expiration of the design right, within the scope of the original right:
1. An exclusive license of the design right that exists at the expiration of the term of the design right;
2. A non-exclusive license in effect over the design right or an exclusive license of the design right under Article 104 (1) of the Design Protection Act.
(3) A non-exclusive license holder under paragraph (2) shall pay equitable remuneration to the patentee or exclusive licensee.[This Article Wholly Amended on Jun. 11, 2014]