Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | !!! PATENTS ONLY! Limitations on patent rights | Rights of patents should not be extented when patent application is used for purpose of research and experiment; vessels, aircrafts or vehicles merely passing through Republic of Korea; articles existing in Republic of Korea when patent application was filed; for invention of medicines in accordance with the Pharmaceutical Affairs Act. | Patent Act of 1961, article 96 of chapter V |
Patents/Utility models | !!! UTILITY MODELS ONLY! Limitations on utility model rights | Effects of utility model rights do not extend if worked for research or experimentation; vessels, aircrafts or vehicles merely passing through Republic of Korea; articles existing in the Republic of Korea at the time the utility model application was filed. | Utility Model Act of 1961, article 24 of chapter V |
Industrial Designs | Limitations on a design right | Effects of design right do not extend if the registered design is used for research and experiment; vessels, aircrafts or vehicles merely passing through Republic of Korea; identical products existing in the Republic of Korea at the time the application for registration of a design was filed. | Design Protection Act of 1961, article 44 of chapter V |
Topographies of Semiconductor Products | Limitations on layout-design rights | The effects of a layout-design right do not exetend if reproduced for education, research, analysis, evaluation, or any other similar activities or for personal use for any non-profit purpose. | Semiconductor Integrated Circuits Layout Design Act of 1992, article 9 of chapter II |
Trade Marks | Prior Use | A person who uses the trademark identical or similar to the registered trademark of any other person on the goods identical or similar to the designated goods shall hold the right to continually use the goods that are affixed with the relevant trademark. | Trademark Act of 1949, article 57-3 |
Copyright | Limitation to authors' economic rights | It is permissible to reproduce work for judicial proceedings, for the purpose of school education; use for current news report; quotations from works made public; public performance and broadcasting for non-profit purposes; for private use; reproduction in libraries; reproduction for examination questions; reproduction in Braille; ephemeral sound or visual recordings by broadcasting organizations; exhibition or reproduction of artistic works. | Copyright Act of 1957, chapters 22 to 35 of section 6 |
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