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Patent Act — Article 183 (Non-Exclusive Licenses for Former Right-Holders, Deprived of Non-Exclusive Licenses by Retrial)

특허법 제183조

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 trial ruling granting a non-exclusive license to a person under Article 138 (1) or (3) became final and conclusive, but a ruling reversing such trial ruling rendered in retrial, the person who practices, or prepares to practice, the relevant patent for business purposes, in good faith, in the Republic of Korea before the petition filed for retrial was registered shall be granted a non-exclusive license of the patent or exclusive license existing as at the time the trial ruling rendered in the retrial becomes final and conclusive, within the scope of the subject matter of the business relevant to the original non-exclusive license, or the objectives of the invention.

(2) A person granted a non-exclusive license under paragraph (1) shall pay equitable remuneration to the patentee or exclusive licensee of the relevant patent.[This Article Wholly Amended on Jun. 11, 2014]

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