– Law concerning Layout Design of Semiconductor Integrated Circuits of December 8, 1992, last modified on February 3, 2015 (partly effective from February 3, 2015, wholly effective from August 4, 2015).

– None.

Application: to be filed with the Intellectual Property Office. Actions relating to an application may be prosecuted by electric documents.

Applicant: any individual or corporate body who has created a layout design, or the assignee.

Foreigners and nationals not living in the country: must appoint a representative residing in Korea. Protection for foreigners may be limited if the foreigner’s country does not endow any protective rights on Korean nationals corresponding to the Korean layout design right.

Utilization of layout design prior to application: a registration cannot be obtained if the creator or a person authorized by him performed any commercial act of importing, assigning, leasing, or displaying (for the purpose of assignment or lease) a semiconductor integrated circuit manufactured using the layout design for which application for registration is being made more than two years before the date of application.

Filing requirements for an application (to be sent to resident agent):

1. An application form stating the following matters:
(a) the name and domicile of the applicant and, in the case of a legal entity, the title, place of business and name of the legal representative;
(b) the date of application;
(c) the date of creation of the layout design;
(d) the earliest date on which the any commercial act has taken place of importing, assigning, leasing, or displaying (for the purpose of assignment or lease) the relevant layout design, a semiconductor integrated circuit manufactured by using the relevant layout design, or products made by using the semiconductor integrated circuits;
(e) the name and domicile of the creator of the layout design and, in the case of a legal entity, the title, place of business and name of the legal representative;
(f) the name and domicile or place of business of the agent, if any;
(g) the classification of the semiconductor integrated circuit:
– constitution (e.g. Bipolar, MOS, Bi-MOS, optical IC);
– technique (e.g. TTL, DTL, ECL, IIL, CMOS, NMOS, PMOS);
– function (e.g. Logic, Memory, Microcomputer, Linear), and;
– brief explanation, if necessary (e.g. 8-bit single chip microcomputer).

2. Matters to be attached to the application form:
(a) documents explaining that the applicant is the creator or assignee;
(b) actual semiconductor integrated circuits (4), or one photograph showing such semiconductor integrated circuit, if the layout design applied for has not been commercially imported, assigned, leased, or displayed (for the purpose of assignment or lease) prior to the application filing date;
(c) electrical file of drawing(s) showing the layout design applied for, or photograph(s) showing such layout design;

3. Power of attorney (if representative residing in Korea is appointed).

The application is examined only with respect to formality requirements.

Effects of registration: creation of right to utilize a layout design comes into force upon registration.

Effects of right: registrant is granted the exclusive right to commercially use the registered layout design.

Duration: ten years from the date of registration, but no more than ten years from the first commercial exploitation and no more than fifteen years from the time of creation.

Limits of right: effects of layout design right do not extend to: (1) use of a layout design created by another person; (2) acts of manufacturing a semiconductor integrated circuit using a registered layout design for the purpose of education, research, analysis, evaluation, or for non-business purposes of an individual; (3) layout designs created as a result or research, analysis, or evaluation described in (2) above; (4) acts of assigning, leasing, or displaying (for the purpose of assignment or lease) a semiconductor integrated circuit, or importing a semiconductor integrated circuit which has been assigned, when the owner or licensee of the layout design right assigns a semiconductor integrated circuit manufactured by using the registered layout design (including products incorporating the semiconductor integrated circuit).

Compulsory license: if a layout design is not used for two or more years, any party may request a non-exclusive license and, if necessary, obtain arbitration of the Minister of Trade, Industry and Energy.