(1) Where patent rights registered after filing an application for the patent before the filing date of a trademark application or on the same date as the filing of a trademark application is in conflict with such trademark right, and the duration of the patent rights expires, the original patent right holder shall have the right to use a trademark identical or similar to such registered trademark on goods identical or similar to designated goods of the registered trademark to the extent of the original patent rights: Provided, That the foregoing shall not apply where the trademark is used for the purpose of unfair competition.
(2) Where patent rights registered after filing an application for the patent before the filing date of a trademark application or on the same date as the filing of a trademark application is in conflict with such trademark rights, and the duration of the patent rights expires, a person who has the exclusive license on the patent rights which exist at the time the duration of the patent rights expires, or the non-exclusive license which has the effect under Article 118 (1) of the Patent Act on the patent rights or the exclusive license shall have the right to use a trademark identical or similar to such registered trademark on goods identical or similar to designated goods of the registered trademark to the extent of the original rights: Provided, That the foregoing shall not apply where the trademark is used for the purpose of unfair competition.
(3) Any person who has the right to use a trademark pursuant to paragraph (2) shall pay a reasonable price to the trademark right holder or the exclusive licensee.
(4) The relevant trademark right holder or exclusive licensee may request a person who has the right to use the trademark pursuant to paragraph (1) or (2) to make an indication necessary to prevent confusion between goods concerning the business of the person and goods concerning his or her business.
(5) Where a person intends to transfer (excluding transfer by inheritance or other general succession) the right to use a trademark under paragraphs (1) and (2), he or she shall obtain the consent of the trademark right holder or the exclusive licensee.
(6) Where the utility model right or the design right registered after filing an application for registration thereof before the filing date of a trademark application or on the same date as the filing of a trademark application is in conflict with such trademark rights, in which case the duration of the utility model right or the design right expires, paragraphs (1) through (5) shall apply thereto.