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Unfair Competition Prevention and Trade Secret Protection Act — Article 9-3 (Designation of Original Document Certification Agency)

부정경쟁방지 및 영업비밀보호에 관한 법률 제9조의3

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2026-05-28) — check the Korean original.

(1) The Commissioner of the Korean Intellectual Property Office may designate a person who has the expertise in the duties of certifying electronic documents containing trade secrets as the original by using electronic fingerprints (hereinafter referred to as "duties of certifying original documents"), as an agency that certifies the original documents of trade secrets (hereinafter referred to as "original document certification agency") in consultation with the Minister of Small and Medium-Sized Enterprises (SMEs) and Startups. <Amended on Jul. 26, 2017>

(2) A person who intends to be designated as an original document certification agency shall file an application therefor with the Commissioner of the Korean Intellectual Property Office after fulfilling the requirements for professional manpower, facilities, etc. prescribed by Presidential Decree.

(3) The Commissioner of the Korean Intellectual Property Office may fully or partially subsidize the expenses required by an original document certification agency to perform the duties of certifying original documents.

(4) In order to ensure the safety and reliability of performance of duties of certifying original documents, an original document certification agency shall comply with the matters prescribed by Presidential Decree with respect to the following:

1. Extraction, registration, and safekeeping of electronic fingerprints;

2. Certification of original documents of trade secrets and the issuance of certificates of original documents;

3. Management of professional manpower and protection of facilities necessary for performing the duties of certifying original documents;

4. Operation, management, etc. of other duties of certifying original documents.

(5) Matters necessary for the criteria and procedures for the designation of an original document certification agency shall be prescribed by Presidential Decree.[This Article Newly Inserted on Jul. 30, 2013]

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