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Patent Act — Article 106-2 (Practice of Patented Inventions by the Government)

특허법 제106조의2

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 the Government deems it necessary to non-commercially practice a patented invention due to a national or dire emergency, or for the public interests, it may directly practice the patented invention or authorize any person other than the Government to practice it on its behalf.

(2) When the Government or any person other than the Government referred to in paragraph (1) knew or becomes aware that any other person's patent exists, the Government or the person other than the Government shall immediately notify the patentee, exclusive licensee, or non-exclusive licensee of the practice under paragraph (1).

(3) When the Government or any person other than the Government referred to in paragraph (1) practices a patented invention under paragraph (1), the Government or the person other than the Government shall pay reasonable compensation to the patentee, exclusive licensee, or non-exclusive licensee.

(4) Matters necessary for practicing a patented invention and paying compensation therefor shall be prescribed by Presidential Decree.[This Article Wholly Amended on Jun. 11, 2014]

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