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Trademark Act — Article 104-2 (Non-Exclusive License following Transfer of Trademark Rights by Exercise of Pledge)

상표법 제104조의2

This English translation is based on the Korean text effective 2024-05-01. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

Where a trademark right holder (where division of a jointly-owned trademark right is requested, referring to the other joint owner except for the owner who requests such division) uses the relevant registered trademark with regard to designated goods before establishing a pledge, the object of which is to acquire a trademark right, or before requesting division of a jointly-owned trademark right, even if the trademark right is transferred by auction, etc., the trademark right holder shall have a non-exclusive license with respect to the trademark right only for the goods that he or she uses among designated goods. In such cases, the trademark right holder shall pay a reasonable price to the person who acquires the trademark right by auction, etc.[This Article Newly Inserted on Oct. 19, 2021]

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