Patents Trademarks | Industrial Designs | Intellectual Property in North Korea

North Korea

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • Law on Inventions, in force since May 13, 1998, amended on March 11, 1999, and December 10, 2014.
  • Implementing Regulations of March 1999.
  • Detailed Regulations of October 1999 under the Regulations of March 1999 for the Implementation of the Law on Inventions, amended in November 2010, and October 2015.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since June 10, 1980.
  • Patent Cooperation Treaty (PCT), since July 8, 1980.

FILING REQUIREMENTS

  • Power of Attorney (no legalization or notarization);
  • English and Korean specifications;
  • Formal drawings;
  • Priority document, if priority is claimed and if the patent application is filed directly without going through a PCT International Phase;
  • Declaration of assignment of priority (no legalization), if priority is claimed and if the instant applicant is different from the applicant for priority application;
  • In case of entry into PCT national phase, International Search Report (ISR) with Written Opinion issued by the International Searching Authority (ISA).

REMARKS

National Phase of PCT: under Chapter 1: 30 months; under Chapter II: 30 months.
Validity: issued after a formal and full examination - valid for 20 years.
Annuities: accumulated and to be paid upon the grant of the patent and each year thereafter.
Opposition: may be filed by any person within three months from the date of publication of the application in the Official Gazette of Patent Applications and within six months from the date of publication of the grant in the Official Gazette of Granted Patents.

LEGAL BASIS

  • Law on Trademarks of 1998, amended in February 1999, in August 2005, and in March 2008.
  • Implementing Regulations of September 1998, amended in June 2011, and in April 2016.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since June 10, 1980.
  • Madrid Agreement, Stockholm Act, since June 10, 1980.
  • Madrid Protocol, since October 3, 1996.

FILING REQUIREMENTS

  • Power of Attorney (no legalization or notarization);
  • Certificate of Nationality of the applicant (e.g. a certified extract from an official Register or a Certificate of Incorporation, or a notarized Attestation of Domicile);
  • 1 soft copy;
  • Priority document, if any;
  • List of goods and services according to the Nice International Classification.

REMARKS

Kinds of protection: verbal, pictorial and other designations or their combination. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: compulsory, a mark may be cancelled from the register when the registered mark has not been used for a period of five consecutive years.
Duration - renewals: 10-year period after the filing date or last renewal date.
Opposition: possible within six months from the application filing date and within six months from the date of publication for granted trademarks.

LEGAL BASIS

  • Law on Industrial Designs of 1999, amended in August 2005.
  • Implementing Regulations of September 1998, amended in August 1999.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since June 10, 1980.
  • Hague Agreement, since May 27, 1992 (Geneva Act since September 13, 2016).

FILING REQUIREMENTS

  • Power of Attorney (no legalization or notarization);
  • Certificate of Nationality (e.g. a certified extract from an official Register, a Certificate of Incorporation, or a notarized Attestation of Domicile);
  • Inventor's Declaration;
  • 1 soft copy of the drawings or the design;
  • A description of the design including the usefulness and originality of the design;
  • If priority is claimed: certified copy of priority document;
  • The international classification is to be indicated.

REMARKS

Duration - renewals: after formal and substantive examination: 5 years from the filing date. Two additional 5-year periods possible.
Opposition: possible within six months from the application filing date and within six months from publication of the registration of the design.

LEGAL BASIS

There are no published regulations on domain name registration under the .kp country code top-level domain name for the Democratic People's Republic of Korea. More information will be provided in a future release.

General Information

Area: 122,370 sq. km.
Population: 24, 052,231 inhabitants (census 2008).
Capital: Pyongyang, with 3,255,288 inhabitants.
Language: Korean.
Currency: Won.

General Remarks

Industrial development is concentrated on heavy industry: electricity, metallurgy, machine building and chemicals, plus textiles and food processing.

More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

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Patent & Trademark Attorneys
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Switzerland
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