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Patent Act — Article 106 (Expropriation of Patents)

특허법 제106조

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) The Government may expropriate patents if deemed necessary for national defense at the time of a war, incident, or similar emergency.

(2) If a patent is expropriated, all rights to the invention, except the patent, shall be extinguished.

(3) When the Government expropriates a patent under paragraph (1), it shall pay reasonable compensation to the patentee, exclusive licensee, or non-exclusive licensee.

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

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