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Patent Act — Article 110 (Formalities of Adjudication)

특허법 제110조

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) Adjudication shall be made in writing and shall detail the grounds therefor.

(2) Adjudication made under paragraph (1) shall detail the following:

1. The scope and term of the non-exclusive license;

2. The consideration for the license and, method of and deadline for payment of the consideration;

3. In cases of adjudication under Article 107 (1) 5, packaging and labels with which the products can be externally distinguished from the medicines supplied by the patentee, exclusive licensee, or non-exclusive licensee (excluding the holder of a non-exclusive license granted through adjudication) of the relevant patented invention, and the address of the web-site on which the matters settled in adjudication are to be disclosed;

4. Other matters to be observed by the person for whom adjudication is made to implement the provisions of the relevant statutes or a relevant treaty in practicing the patented invention.

(3) The Commissioner of the Korean Intellectual Property Office shall make adjudication within six months from the filing date of a petition for adjudication, unless just grounds exist.

(4) If Article 107 (7) or (8) is applicable to a petition filed for adjudication under Article 107 (1) 5, and all documents specified in Article 107 (9) have been submitted, the Commissioner of the Korean Intellectual Property Office shall make adjudication to grant a non-exclusive license, unless just grounds exist.[This Article Wholly Amended on Jun. 11, 2014]

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