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Trademark Act — Article 120 (Trial to Revoke Registration of Exclusive License or Non-Exclusive License)

상표법 제120조

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.

(1) Where an exclusive licensee or a non-exclusive licensee commits an act falling under Article 119 (1) 2, the trademark right holder may request a trial to revoke registration of such exclusive license or non-exclusive license.

(2) Even if a fact that constitutes grounds for requesting a trial to revoke registration of an exclusive license or a non-exclusive license ceases to exist after the trademark right holder files such lawsuit pursuant to paragraph (1), the non-existence of such fact shall not have an influence on grounds for revocation.

(3) Any person may request a trial to revoke an exclusive license or a non-exclusive license under paragraph (1).

(4) Where a trial decision to revoke registration of an exclusive license or a non-exclusive license becomes final and conclusive, such exclusive license or non-exclusive license shall be extinguished from that time.

(5) Where any person requests a trial to revoke registration under paragraph (1), the presiding judge shall notify the non-exclusive licensee of the relevant exclusive license, the right holder who has registered other exclusive license, or the right holder who has registered the relevant non-exclusive license of the purpose thereof.

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Korean original (law.go.kr) · Get articles as JSON via API

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