Provisional rights to industrial designs

Provisional rights to industrial designs
March 14 04:59 2014

– Where an applicant for registration of an industrial design knows that such industrial design is being used by another person without prior use right for commercial purposes, the applicant may notify in writing the user of the filing of his/her application, clearly specifying the filing date and the date of application publication in the Official Gazette of Industrial Property so that the later shall terminate or continue such use

– Where the person notified of contents specified continues using industrial design as soon as an industrial design patent the owner of such  shall have the right to request the user of such industrial design to pay a compensation equivalent to the price for licensing of such  industrial design within the relevant scope and duration of use.


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