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Patent Act — Article 105 (Non-Exclusive Licenses after Expiration of Design Rights)

특허법 제105조

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(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]

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Korean original (law.go.kr) · Get articles as JSON via API

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