DPR Korea Invention Act
- As amended by Act N°507 by the Presidium of the Supreme Assembly, 11 Mar. Juche 88 (1999).
Chapter 1. Fundamentals of the Invention Act
[edit]- Article 1
The Democratic People’s Republic of Korea(hereinafter referred to as the DPRK) Invention Act shall contribute to developing science, technology and the national economy by establishing a strict regime and order for the application of invention registration, examination and registration of invention and the protection of the right to invention and patent.
- Article 2
An invention is a scientific and technical achievement that is more updated and progressive and is capable of bringing about higher technical and economic effects compared with the art that is already known. The state grants the inventor’s certificate or patent as to the invention that has been examined and registered.
- Article 3
Application for the registration of an invention is a precondition for the examination and registration. The state shall ensure that application procedures for the registration of invention are correctly set up and strictly followed.
- Article 4
Accurate examination and registration of invention is an important condition for the development of the science and technology. The state shall ensure objectivity and scientific accuracy in the examination and registration of inventions.
- Article 5
It is the constant policy of the DPRK to protect the right to invention and patent. The state shall guarantee that the rights of the owners of the right to invention and patent are protected and ensured without failure.
- Article 6
The state shall actively encourage invention, dynamically promote technical innovation by the popular masses and steadily increase investment in the creation and introduction of new science and technology.
- Article 7
The state shall develop exchange and cooperation with foreign countries and international organizations in the field of invention.
Chapter 2. Application for Registration of Invention
[edit]- Article 8
Accurate application for the registration of invention is a basis for the recognition of the priority of the science and technology created and for the estimation of the scientific and technological value. Institutions, enterprises, organizations and citizens that seek to obtain the right to invention or patent for their new scientific and technological achievement should accurately and timely apply for the registration of invention.
- Article 9
The scientific and technological achievements created jointly by a DPRK citizen and a foreign citizen shall be applied for registration in their own names or in the name of the institution, enterprise or organization they belong to.
- Article 10
Applications for the registration of invention shall be filed with the invention registration authority. Applications for the registration of invention by foreign legal or natural persons shall be consigned to a patent agency.
- Article 11
Applications for the registration of invention shall be prepared separately by the content or article. In case the contents are inseparable, the applications may be contained in a single document. The application document for the registration of invention shall include the application for registration, technical statement, etc.
- Article 12
The institutions, enterprises, organizations and citizens that want to apply for the registration of invention shall submit their applications to the invention registration authority. In this case, the applicant should furnish the invention registration authority with the product pattern, model, trial product, sample or the like according to the requirement of the authority. The invention registration authority shall send to the applicant the notification of document reception within 20 days from the date of receiving the application document.
- Article 13
The institutions, enterprises, organizations and citizens that want to acquire patents for their new scientific and technological achievement shall pay due fees. The fees shall be fixed by the price fixing institution.
Chapter 3. Examination and Registration of Invention
[edit]- Article 14
The examination and registration of invention is an important work to examine and estimate the value of an invention. The invention registration authority that has received an application, should examine the novelty, inventive step, industrial applicability, technical and economic effectiveness and the like. If necessary, the invention registration authority may entrust specialized organs concerned with the scientific and technological evaluation and experimental analysis of an invention.
- Article 15
The priority of invention shall be determined according to the date on which the invention registration authority has received the application first. In case someone insists on the priority based on an international instrument, priority shall be permitted.
- Article 16
The invention registration authority may conduct an on-site survey of an application for registration of invention. The institutions, enterprises, organizations and citizens shall provide with the conditions necessary for the on-site survey.
- Article 17
With a view to guaranteeing the correct examination of the invention, The state shall organize the non-standing State Invention Examination Committee under the state guidance institution of science and technology administration. An invention examination committee may be organized on non-standing basis in the fields that need it.
- Article 18
The invention registration authority should notify the applicant concerned of the registration or rejection of an invention in written form. The notification of rejection shall specify the reason of rejection.
- Article 19
The invention that has been decided to be registered shall be registered in the invention registration authority. The invention registration authority shall register the invention that has been decided to be registered and grant the corresponding certificate to the owner of the right to invention or patent. The owner of the right to invention shall be awarded inventor’s medal and prize as well.
- Article 20
The invention registration authority shall make public its registration of inventions. If necessary, a registrated invention may not be made public.
- Article 21
Institutions, enterprises, organizations and citizens that disagree with the result of the examination of invention may present their objection to the invention registration authority. The invention registration authority should examine and deal with the proposed objection in time.
- Article 22
Institutions, enterprises, organizations and citizens may file an application for a patent of a foreign country concerning their new scientific and technological achievement. In this case, the application shall be subject to the agreement of the invention registration authority and be entrusted to a patent agency.
Chapter 4. Protection of Right to Invention or Patent
[edit]- Article 23
The protection of the right to invention or patent is indispensable for the promotion of the scientific and technological development and the guarantee of the right concerned. The invention registration authority and the institutions, enterprises and organizations concerned shall guarantee that the right to use the science and technology that has been examined and registered as an invention is reasonably ensured.
- Article 24
The science and technology for which inventor’s certificate has been granted shall be used by the institutions, enterprises and organizations. However, the science and technology for which patent has been granted shall be used by the patent owner.
- Article 25
The duration of patent protection shall be 15 years from the date on which the priority is granted. The duration of patent protection may be extended 5 years subject to the application of the patent owner.
- Article 26
A patent owner shall pay fees necessary for the protection of the patent. The fees shall be fixed by the price fixing institution.
- Article 27
A patent shall be invalidated:
- when the patent owner has withdrawn his right,
- when patent protection fees have not been paid within the due time,
- when there has been a decision of the State Invention Examination Committee or a judgement of a court on invalidating the patent.
- Article 28
If institutions, enterprises, organizations and citizens want to use the science and technology that is under protection as a patent for the production of goods, they shall acquire permission of the patent owner. The patented science and technology may not be transferred to a third party without the consent of the patent owner.
- Article 29
A patent may be transferred or be permitted for the use of the science and tenhnology. In this case the patent owner should make a relevant contract and register it in the invention registration authority.
- Article 30
A joint owner of a patent may use the science and technology without the consent of the other owner of the patent. However in case he transfers a patent to a third party or permits the use of the science and technology by others, he shall get the consent of the other joint owner of the patent.
- Article 31
When the patented science and technology is needed for the public interest, the state may take over the patent or the right to use the science and technology. In this case, the state shall reimburse the patent owner.
- Article 32
A patent shall be changed into an inventor’s certificate if the owner wishes so. But an inventor’s certificate may not be changed into a patent.
- Article 33
A patented science and technology may be used without the consent of the patent owner:
- when it is used for the repair or maintenance of a foreign transport means that stays temporarily in the DPRK,
- when it is used for scientific research and experiment,
- when it is used for the preparation of medicaments necessary for medical treatment according to a doctor’s prescription.
- Article 34
The right to use patented science and technology and its data or products shall be transferred to a foreign country only subject to the consent of the state guidance institution of science and technology administration and the approval of the Cabinet.
Chapter 5. Guidance and Control of Work for Invention
[edit]- Article 35
It is the fundamental guarantee for the correct fulfillment of the state policy on science and technology to consolidate the guidance and control of the work for invention. The state shall consolidate the guidance and control of the work for invention.
- Article 36
The work for invention shall be led in a unified way by the guidance institution of science and technology administration under the guidance of the Cabinet. The guidance institution of science and technology administration shall put forward accurate targets of invention and regularly grasp and lead their realization and introduction.
- Article 37
Institutions, enterprises and organizations shall hold seminars on science and technology, exhibitions of technical innovative achievements, meetings for exchanging experiences, prize contest and the like in a planned way for massive technical innovation.
- Article 38
The institutions of state planning, labour administration, material supply, finance and banking shall provide in time the manpower, materials and funds needed for invention.
- Article 39
The state shall offer preferential social treatment and appraisement to the inventor that has contributed to the development of national economy, and the person that has introduced the science and technology registered as an invention.
- Article 40
The work for invention shall be controlled by the guidance institution of science and technology administration and the relevant supervisory and control institutions. The guidance institution of science and technology administration and the relevant supervisory and control institutions shall set up order for application of an invention registration and for examination and registration of an invention and strengthen supervision and control for the protection of the rights to invention and patents.
- Article 41
In case the right of an owner of the right to invention or patent is infringed upon, the infringer shall compensate the corresponding damage.
- Article 42
The officials concerned of the institutions, enterprises and organizations and the citizens that have caused serious consequences upon the work for invention by violating this law shall be subject to administrative and penal responsibilities according to gravity.
- Article 43
Disputes over invention shall be settled through negotiation. In case a dispute is not settled through negotiation, it may be submitted to an arbitration organ or a court for settlement.
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