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INTELLECTUAL PROPERTY RIGHTS IN NORTH KOREA

Algeria Flag

Opposition Term

02 Months

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Korean Trademark Act (KTA) is the primary law governing the mechanism of trademark registration and protection in North Korea.

  • The Korean Intellectual Property Office (KIPO) is the relevant trademark authority in North Korea.

  • North Korea is a member of the Madrid Agreement and the Madrid Protocol. Trademark protection is obtained by registration.

  • North Korea follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.

  • It follows a 'first-to-file’ system.

  • The third parties can file opposition actions against a trademark application within two (02) months following its publication date in the official gazette.

  • A trademark registration in North Korea is valid for ten (10) years from the registration date. The registration term is further renewable indefinitely for successive periods of ten (10) years each.

  • If a registered trademark has not been used within three (03) years from the issue of the registration certificate or has not been used later for a continuous period of three (03) years, it may be subject to cancellation.

  • A renewal application must be filed within one (01) year before the expiry date or within a grace period of six (06) months after the expiry date for renewal.

  • North Korea is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).

  • For seeking patent protection in North Korea, an application has to be filed with the KIPO, which administers the entire process of patent grant.

  • The Law on Inventions, in force since May 13, 1998, amended on March 11, 1999, and December 10, 2014, Implementing Regulations of March 1999, amended on October 26, 2005, Detailed Regulations of October 1999 under the Regulations of March 1999 for the Implementation of the Law on Inventions, amended in November 2010, October 2015, and July 2016 - govern the law pertaining to patent protection.

  • In North Korea, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.

  • The types of patent applications that can be filed include Non-Convention Application and Convention Application.

  • Opposition against a patent application may be filed by any person within three (03) months from the date of publication of the application in the Official Gazette of Patent Applications and within six (06) months from the date of publication of the grant in the Official Gazette of Granted Patents.

  • Patents filed on and or after July 1, 1996 - have a term of twenty (20) years from their filing date, which is subject to payment of necessary annuities.

  • Upon receipt of the allowance of patent, the applicant must pay to the KIPO within a prescribed period, typically three (03) months, the fees required for the first three (03) years' annuities in a lump sum as the registration fee. If the registration fee is not timely paid within this period, the applicant still has the opportunity to secure registration of the patent right by paying the required registration plus a late surcharge within a grace period of six (06) months from the expiration of the prescribed period of three (03) months.

  • The Industrial Design Protection Act, last amended on June 9, 2009 by Act No. 9764, Promulgated on December 31, 1961 by Act No. 951 - governs and deals with the mechanism of registration of industrial designs in North Korea.

  • A person seeking to register a design needs to file a request for an application of examined design registration or a request for an application of unexamined design registration with the Commissioner of the Korean Intellectual Property Office.

  • The types of industrial design applications that can be filed in North Korea include Non-Convention Application and Convention Application.

  • Utility model protection isn't provided under industrial design protection in the nation.

  • From the date of the registration of establishment of a design right under an application for unexamined design registration to the expiry of the three-month period after the publication date of an unexamined design registration, any person may file an opposition to the grant of the design right with the Commissioner of the Korean Intellectual Property Office.

  • The term of a design right is for fifteen (15) years after the registration date of its establishment.

  • A person who is seeking to register a design right under Article 39(1) needs to pay a design fee for a period of three (03) years from the date sought for registration, and the owner of design right needs to pay an annual design fee from the next year of the period of three (03) years from the registration date of the design.

  • The owner of a registered design may pay the design registration fee for multiple years or the entire period of the design term from the year after.

  • There is no grace period to renew a registered industrial design in North Korea.

  • North Korea is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.

  • The Copyright Act is the basic legislation governing the mechanism of copyright protection in North Korea.

  • In North Korea, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. The registration, as prescribed, shall be made by the Minister of Culture and Tourism on the copyright register.

  • Author’s property rights in aliterary, dramatic, musical, or artistic work shall continue to subsist during the life time of an author and until the end of a period of fifty (50) years after the death of the author.

  • Authors' property rights in cinematographic works shall continue to remain in effect for a period of fifty (50) years from the time such works are made public; provided that in cases where such works are not made public within fifty (50) years after their creation, such rights shall continue to remain in effect for a period of fifty (50) years from the time of their creation.