How is a semiconductor layout-design right registered in Korea?

Sangwook Je, Partner · Published 2 November 2026

Last verified 10 October 2026

The layout-design right at a glance

As of October 2026.

Subject of protection and requirement: a creative layout-design

What the Layout-Designs Act protects is a layout-design. A layout-design is a design of laying out various circuit elements and the wires connecting them in two or three dimensions for manufacturing a semiconductor integrated circuit (Layout-Designs Act, Art. 2, subparagraph 2). [1]

The definition of a semiconductor integrated circuit includes semi-finished products. It is a semi-finished or finished product manufactured to function as an electronic circuit, in which circuit elements including one or more active elements and wires are formed at the same time in an inseparable form (Art. 2, subparagraph 1). [1]

The requirement stated in Art. 6 is creativity. A layout-design right is created by registration of creation of a creative layout-design (Art. 6). Creation is the act of making a unique layout-design as a result of the intellectual efforts of the person who makes the layout-design (former part of Art. 2, subparagraph 3). [1]

The definition of creation has a latter part. Even where a layout-design is composed of a combination of ordinary layout-design elements, the act of making a layout-design that is unique when viewed as a whole is deemed creation (latter part of Art. 2, subparagraph 3). [1]

Who may apply: the creator or the creator’s successor

The person who may apply for registration of creation is the person who created the layout-design or his or her successor. The Layout-Designs Act refers to the two together as the “creator” (Art. 19(1)). The case where the applicant is not the creator is a ground for rejection (Art. 20(1), subparagraph 1). [1]

The creator of a layout-design created in the course of service is the corporation or similar employer. This covers a layout-design created in the course of service by a person employed by the State, a corporation, an organization or any other employer. This is so where an agreement, employment regulations or the like do not provide otherwise (Art. 5). [1]

The layout-design right to a layout-design created jointly by two or more persons is jointly owned by the persons who jointly created it (Art. 10(2)). The case where a layout-design right is jointly owned but the application has not been filed jointly by all the joint owners is a ground for rejection (Art. 20(1), subparagraph 2). [1]

Foreigners and foreign corporations

The layout-design of a foreigner or a foreign corporation is protected under the Layout-Designs Act and the treaties that the Republic of Korea has acceded to or signed (Art. 3(1)). [1]

Art. 3(2) states the case where protection may be limited. It is the case where that foreign country does not provide layout-designs of the Republic of Korea with protection equivalent to that under the Layout-Designs Act. The Minister of Intellectual Property may limit the protection correspondingly. [1]

If the applicant is a foreigner, a certificate of nationality must be attached to the application form for registration of creation. For a foreign corporation, it is documents proving that it is a foreign corporation (Enforcement Decree, Art. 11(2), subparagraph 4). [2]

Non-residents and the layout-design administrator

A person who has no domicile or place of business in Korea is a non-resident. A non-resident cannot take proceedings for a layout-design unless represented by a layout-design administrator. The same applies to a lawsuit against a disposition made by an administrative agency under the Layout-Designs Act or an order under that Act (Art. 4(1)). [1]

A layout-design administrator is a person who acts on behalf of that non-resident with regard to the layout-design and who has a domicile or place of business in Korea. There are two exceptions. They are where an application for registration under Art. 4(3) is filed and where the non-resident (for a corporation, its representative) sojourns in Korea (Art. 4(1)). [1]

Art. 4(3) sets the effect of registration. A non-resident who has registered the creation of a layout-design or has registered under Art. 23 cannot assert the appointment or replacement of a layout-design administrator, or the grant or expiration of the delegated power, against a third party unless it has been registered. The fee for registration of appointment or replacement is KRW 10,000 per case (attached Table of the Enforcement Rule, subparagraph 8). [1][3]

Judicial jurisdiction over a non-resident’s layout-design right is also determined by the layout-design administrator. If there is a layout-design administrator, his or her domicile or place of business, and if there is none, the location of the Supreme Court, is deemed to be the location of property under Art. 11 of the Civil Procedure Act (민사소송법) (Art. 41). [1]

Application time limit: 2 years from the day the layout-design was initially used for making a profit

The creator may file an application for registration of creation within 2 years from the day the layout-design was initially used for making a profit (Art. 19(1)). An application filed after this period has elapsed falls under a ground for rejection (Art. 20(1), subparagraph 3). If this comes to light after registration, it is a ground for cancellation (Art. 24, subparagraph 4). [1]

Use is three acts (Art. 2, subparagraph 4). [1]

• The act of reproducing a layout-design
• The act of manufacturing a semiconductor integrated circuit based on a layout-design
• The act of transferring, leasing, displaying or importing a layout-design, a semiconductor integrated circuit manufactured according to it, or a product manufactured by using that semiconductor integrated circuit. Display is limited to cases for the purpose of transfer or lease

The Enforcement Decree and the Enforcement Rule state the date to be entered in the application form by reference to the third act. If acts under Art. 2, subparagraph 4, item (c) are being conducted for making a profit, the date such act was first conducted is stated in the application form for registration of creation (Enforcement Decree, Art. 11(1), subparagraph 4). The Enforcement Rule calls this “commercial use” (상업적 이용) (Enforcement Rule, Art. 12(1), subparagraph 1, item (f)). [2][3]

The two wordings are not the same. The word in Art. 19(1) of the Act is “use”, and use also includes reproduction (item (a)) and manufacturing (item (b)). The date that the Enforcement Decree and Form 3 require in the application form is the date the act under item (c) was first conducted. The date recorded in the original register and publicly notified is also this date of commercial use (Enforcement Rule, Art. 12(1), subparagraph 1, item (f), and Art. 20, subparagraph 7). [1][2][3]

No provision of the Layout-Designs Act, the Enforcement Decree or the Enforcement Rule separately states from which day the 2 years are counted where reproduction or manufacturing for making a profit precedes transfer or import. [1][2][3]

The phrase “최초로 이용한 날” (the day of initial use) in Art. 19(1) and Art. 7(2) does not contain the words “국내에서” (in the Republic of Korea). Art. 13(1) of the same Act states the requirement for adjudication on a non-exclusive license as the case where the layout-design “has not been used in the Republic of Korea”. [1]

Neither of the two provisions contains a sentence stating that use in another country is included in, or excluded from, “the day of initial use”. [1]

The 2 years are counted under the provisions of the Civil Act (민법). The Layout-Designs Act has no provision that sets the calculation of periods. The provisions of the Patent Act (특허법) that the Layout-Designs Act applies mutatis mutandis are Arts. 28-2 to 28-5 (Art. 5-2). Art. 14 of the Patent Act, which sets the calculation of periods, is not among them. [1][4]

To the calculation of periods concerning administration, the Civil Act applies mutatis mutandis, except where the General Act on Public Administration (행정기본법) or other statutes or regulations specifically provide otherwise (General Act on Public Administration, Art. 6(1)). Where a period is fixed by the year, the first day is not included (main clause of Art. 157 of the Civil Act). The period expires on the day preceding the day, in the last year, that corresponds to the start date (Civil Act, Art. 160(2)). If the last day of the period is a Saturday or a public holiday, the period expires on the following day (Civil Act, Art. 161). [6]

Art. 19(1) of the Act has no sentence that directly addresses an application filed before use for making a profit. The Enforcement Decree requires that date to be stated in the application form “if” acts under item (c) “are being conducted” (하고 있으면) (Enforcement Decree, Art. 11(1), subparagraph 4). Form 3 places the field for the date of commercial use in parentheses. The instructions for the form also say that the date is entered where that act is being conducted. The field for the date of creation has no parentheses. [1][2][3]

Application documents and fees: a layout-design file and an explanatory note are filed

A person who intends to apply for registration of creation must submit an application form for registration of creation and accompanying documents (Art. 19(2)). Seven matters are stated in the application form for registration of creation (Enforcement Decree, Art. 11(1)). [1][2]

1. The applicant’s name, address and resident registration number. For a corporation, its name, the location of its place of business, its corporate registration number and the name of its representative
2. The date of application
3. The date of creation of the layout-design
4. If acts under Art. 2, subparagraph 4, item (c) are being conducted for making a profit, the date such act was first conducted
5. The name, address and the like of the creator of the layout-design
6. If the applicant has an agent, the name, address and the like of that agent
7. The title of the layout-design

Where the applicant is a foreigner, the instructions for Form 3 require the resident registration number field to be deleted. A foreigner enters nationality as the two-letter English code publicly announced by the Minister of Intellectual Property. [3]

There are five accompanying documents (Enforcement Decree, Art. 11(2)). [2]

A layout-design file is an electronic file, in a computer-readable form, of the two- or three-dimensional structure of the layout-design (Enforcement Decree, Art. 11(2), subparagraph 1). The Enforcement Rule states that it is either one of two. They are an electronic file that represents each layer of the layout-design in a two- or three-dimensional structure, or an electronic file that shows the shape of each layer when the semiconductor integrated circuit is manufactured (Enforcement Rule, Art. 4(2)). [2][3]

The file formats are in a Public Notice (Notification). One is formats such as GDS, GDS II and CIF that can be directly transferred to the manufacturing process of a semiconductor integrated circuit. The other is formats such as bmp, jpg, jpeg, gif, tif, tiff and pdf, produced by processing these by computer so that the structure can be identified (Methods of Marking Layout-Design Registration, etc. (배치설계 등록표시 등의 방법), subparagraph 2, item (b)). [12]

Four matters are stated in the explanatory note of the layout-design. They are the title and classification of the layout-design, the name of any semiconductor integrated circuit manufactured using that layout-design, a description of the layout-design file, and a brief description of the layout-design (Enforcement Rule, Art. 4(4)). The classification is chosen from the layout-design classification table in Form 4. The first-level classification has six: Analog, Digital Logic, Microcomponent, Memory, Physical Library and Others. [3]

Documents concerning an application for registration must be prepared in Korean. Where a certificate of nationality or any other document is written in a foreign language, a translation must be attached (Enforcement Rule, Art. 2). A person who intends to take proceedings through an agent must submit a power of attorney in Form 1 (Enforcement Rule, Art. 3(1)). [3]

Filing by electronic document is possible. The Layout-Designs Act applies Arts. 28-2 to 28-5 of the Patent Act mutatis mutandis to the application for registration of creation and other proceedings (Art. 5-2). These are the entry of an identification number, the conduct of proceedings by electronic documents, the report on the use of electronic documents and the digital signature, and notification and the like via information and communications networks. The head of Form 3 states that it can be submitted online at PatentRo (특허로; http://www.patent.go.kr). [1][3][4]

Fees

As of October 2026. The amounts in the attached Table of the Enforcement Rule are per case. [3]

Among the fifteen items of the attached Table, there is no item that corresponds to a registration fee paid every year. The amounts in the table above are the same as those in the attached Table of the wholly amended Enforcement Rule in force from 8 November 2007 (Ordinance of the Ministry of Commerce, Industry and Energy No. 428). [3]

The fee must be paid by the day after the day the receipt number is assigned, with the assigned receipt number used as the payer number. Art. 23(3) of the Enforcement Rule applies Art. 8 of the Fee Regulation mutatis mutandis. If the payment date falls on a public holiday, the fee must be paid by the first working day after that day. This public holiday includes Workers’ Day (근로자의 날) and Saturdays (Fee Regulation, Art. 8(2)). The case where the fee has not been paid is a ground for rejection and is subject to an order to correct (Enforcement Decree, Art. 12(1), subparagraph 4, and Art. 12(2)). [2][3][5]

Fees already paid are not refunded. Fees mistakenly paid are refunded at the request of the payer. This request cannot be made once 3 years have passed from the day the payer received notice that the fees were mistakenly paid (Art. 40-3). [1]

The fee for registration of creation has an abatement or exemption provision. The Minister of Intellectual Property may abate or exempt the fee where a person specified by Prime Ministerial Decree, such as a small and medium enterprise, has filed the application (Art. 40-2(1)). A person who wishes to receive the abatement or exemption must submit the documents specified by Prime Ministerial Decree (Art. 40-2(2)). [1]

Art. 24 of the Enforcement Rule applies mutatis mutandis Art. 7(1), Art. 7(2), subparagraphs 1 to 3, and Art. 7(4), (5) and (6) of the Fee Regulation. Of these, Art. 7(2) and (4) of the Fee Regulation were deleted by the amendment in force from 18 February 2022 (Ordinance of the Ministry of Trade, Industry and Energy No. 450). Subparagraphs 1 to 3 of paragraph (2), before the deletion, were the subparagraphs that set the persons eligible and the rates. [3][5]

The current Fee Regulation places the persons eligible for reduction and the reduction rates in attached Table 5 (Fee Regulation, Art. 7(1), subparagraph 2). The note to attached Table 5 states that those reduction rates apply to procedures under the Patent Act, the Utility Model Act (실용신안법) and the Design Protection Act (디자인보호법). No provision of the current Enforcement Rule or the current Fee Regulation directly states the persons eligible for, and the rates of, abatement or exemption of the fee for registration of creation of a layout-design right. [3][5]

The Korean website of the Ministry of Intellectual Property (지식재산처) has a table of abatement and exemption rates by the status of the applicant. The rows of the table are recipients and the like under the National Basic Living Security Act (국민기초생활 보장법), individuals or small enterprises, medium enterprises, public research institutes, dedicated organizations, and joint research between a large enterprise and a medium or small enterprise. That table has no row that states foreigners or foreign corporations. [8]

Registration of creation: the creation must be registered unless a ground for rejection exists

Where an application for registration of creation has been filed, the Minister of Intellectual Property must register the creation, except where the application is rejected under Art. 20(1) (Art. 21(1)). There are four grounds for rejection. If any one of them applies, the Minister of Intellectual Property must reject the application (Art. 20(1)). [1]

1. The applicant is not the creator
2. The layout-design right is jointly owned by two or more persons and the application has not been filed jointly by all the joint owners
3. The period under Art. 19(1) has elapsed
4. Any other ground specified by Presidential Decree applies, such as failure to submit the accompanying documents

The grounds specified by Presidential Decree under the fourth are again four (Enforcement Decree, Art. 12(1)). [2]

• The matters to be stated have not been stated in the application form, or the accompanying documents have not been attached
• The matters stated in the application form are inconsistent with the accompanying documents, or the accompanying documents are inconsistent with one another
• An explanatory note of the layout-design in which the matters to be stated are not stated has been attached
• The fee has not been paid

Lack of creativity is neither in the subparagraphs of Art. 20(1) nor in the subparagraphs of Art. 12(1) of the Enforcement Decree. The registration of creation of a layout-design that is not creative is a ground for cancellation (Art. 24, subparagraph 3). [1][2]

To reject an application on the four grounds of the Enforcement Decree, the Minister of Intellectual Property must set a period and order a correction (Enforcement Decree, Art. 12(2)). That period is up to 1 month (Enforcement Rule, Art. 5(2)). The Minister of Intellectual Property may extend that period ex officio or on request (Enforcement Decree, Art. 12(4)). [2][3]

The applicant may correct the application form or the accompanying documents until the registration of creation is made. The layout-design file is excluded from the materials that can be corrected. Where an order to correct (보정명령) has been issued, correction may be made only within the period set (Enforcement Decree, Art. 12(3)). [2]

Where an application has been rejected, the Minister of Intellectual Property must notify the applicant in writing, without delay, stating the reasons in detail (Art. 20(2)). [1]

Registration of creation is made when the Minister of Intellectual Property records it in the original register of layout-designs (Art. 21(2)). The Minister of Intellectual Property must issue a certificate of layout-design registration to the holder of the layout-design right and give public notice of it (Art. 21(3)). [1]

The holder of a layout-design right, an exclusive licensee and a non-exclusive licensee may place a registration mark. It is placed on the semiconductor integrated circuits manufactured using that layout-design, on their packing and the like (Art. 22). The marking symbol and the marking content are set by subparagraph 1 of the Methods of Marking Layout-Design Registration, etc. [1][12]

Seven matters are given public notice. They are publicly notified in the Official Gazette or the Patent Gazette (Enforcement Decree, Art. 13; Enforcement Rule, Art. 20). [2][3]

• The registration number of the layout-design right
• The date of registration of creation
• The name of the holder of the layout-design right (for a corporation, its name)
• The title and classification of the layout-design
• The description of the layout-design
• The date of creation of the layout-design
• The date of commercial use

The layout-design file is not among the matters publicly notified. The Minister of Intellectual Property must keep the submitted layout-design files so that confidentiality is maintained (Enforcement Decree, Art. 39). Only the holder of the layout-design right may request perusal or reproduction of the certificate of layout-design registration and the layout-design file (proviso to Enforcement Decree, Art. 36(1), subparagraph 2). [2]

Duration: 10 years from the date of registration of creation, with two upper limits

The duration of a layout-design right is 10 years from the date of registration of creation (Art. 7(1)). [1]

Art. 7(2) sets two upper limits. The duration cannot exceed 10 years from the date the layout-design is initially used for making a profit. It also cannot exceed 15 years from the date the layout-design is created. [1]

For a layout-design registered after it has been used for making a profit, the first upper limit comes earlier than the day that is 10 years from the date of registration of creation. This is because the date of initial use precedes the date of registration of creation. The later the registration, the shorter the period that remains as a registered right. [1]

The Layout-Designs Act has no provision for extending or renewing the duration. [1]

The cases where a layout-design right lapses before the duration ends are in Arts. 17 and 18. A layout-design right lapses where the corporation that holds it is dissolved, or the individual who holds it dies without an heir, and the layout-design right escheats to the State (Art. 17). A layout-design right that has been surrendered lapses immediately from that time (Art. 18(4)). [1]

To surrender a layout-design right, the consent of the exclusive licensees, the non-exclusive licensees and the pledgees must be obtained. The consent of a person to whom a non-exclusive license has been granted by adjudication is not required (Art. 18(1)). [1]

Art. 38 of the TRIPS Agreement of the World Trade Organization (WTO) states the same numbers. In Members requiring registration as a condition of protection, the term of protection must not end before 10 years have passed from the date of filing an application for registration or from the first commercial exploitation (paragraph 1). Paragraph 1 describes the first commercial exploitation as “wherever in the world it occurs”. A Member may provide that protection lapses 15 years after the creation (paragraph 3). The Republic of Korea has been a WTO Member since 1 January 1995. [11][13]

Example: calculating the application time limit and the duration

This is an assumed case. The 2 years of the application time limit and the 10 years and 15 years of the duration were all counted under Arts. 157 and 160 of the Civil Act. The Layout-Designs Act has no provision that separately sets the method of calculating the duration. The calculation of periods is governed by the provisions of the Civil Act unless statutes and regulations provide otherwise (Civil Act, Art. 155). [1][6]

In this case, the time from the date of registration of creation to the day the duration ends is less than 8 years. 12 March 2027 is a Friday. If the last day of the application time limit is a Saturday or a public holiday, the following day is the last day (Civil Act, Art. 161). [6]

Content of the right and the scope to which its effects do not extend

The holder of a layout-design right has the exclusive right to use the registered layout-design for profit (main clause of Art. 8). The holder of a layout-design right is the person who registered the creation and a person who has succeeded to the right from that person. Where an exclusive license has been granted, this does not apply to the extent that the exclusive licensee holds the exclusive right (proviso to Art. 8). [1]

The third act of use has three objects. They are a layout-design, a semiconductor integrated circuit manufactured according to it, and a product manufactured by using that semiconductor integrated circuit (Art. 2, subparagraph 4, item (c)). The transfer and import of a product that contains a semiconductor integrated circuit are also use. [1]

The scope to which the effects do not extend is in Art. 9. Paragraph (1) states three. [1]

• Reproduction of a layout-design, or reproduction on behalf of another, for purposes such as education, research, analysis or evaluation, or for personal non-profit use
• A creative layout-design produced as a result of the research, analysis, evaluation or the like above
• An identical layout-design that is creative and was produced by a person other than the holder of the layout-design right

Art. 9(2) concerns a person to whom a legally manufactured semiconductor integrated circuit or similar product has been delivered. The effects do not extend where that person engages, for profit, in an act under Art. 2, subparagraph 4, item (c) with that semiconductor integrated circuit or similar product. [1]

Art. 9(3) concerns the bona fide person. A bona fide person is a person who has received, in good faith and without negligence, a semiconductor integrated circuit or similar product manufactured by illegally reproducing another person’s registered layout-design. The effects do not extend where the bona fide person engages, for profit, in an act under Art. 2, subparagraph 4, item (c) with that semiconductor integrated circuit or similar product. [1]

Royalties from a bona fide person

Royalties can be claimed even from a bona fide person. This is the case where the bona fide person engages, for profit, in an act under Art. 2, subparagraph 4, item (c) after becoming aware that the product was manufactured by illegal reproduction. The same applies where the person keeps or carries the semiconductor integrated circuit or similar product for that act. The holder of the layout-design right or the exclusive licensee may claim payment of an amount equivalent to ordinary royalties (Art. 38(1)). [1]

The royalties are a reasonable amount determined by agreement between the holder of the layout-design right or the exclusive licensee and the bona fide person (Art. 38(2)). Art. 760(1) and (2) and Art. 766 of the Civil Act apply mutatis mutandis to this right to claim (Art. 38(3)). [1]

Remedies for infringement and penalties

There are four civil claims that the holder of a layout-design right or the exclusive licensee can use. [1]

There are three provisions on the amount of damages. Where the infringer has made a profit by the infringement, that profit is presumed to be the amount of damages (Art. 36(2)). The amount that can ordinarily be received for the use of the layout-design may be claimed as the amount of damages (Art. 36(3)). If the amount of damages exceeds that amount, the excess may also be claimed (Art. 36(4)). [1]

Compensation is a right to claim held by a creator who used the layout-design for making a profit before registration of creation. The other party is a person who, during the period after that use and until the registration was completed, used the layout-design for making a profit while knowing that it was a reproduction. The amount is an amount equivalent to what would ordinarily have to be paid for that use (main clause of Art. 37(1)). [1]

Three restrictions are attached to compensation. It cannot be claimed against a person who has received, in good faith and without negligence, a semiconductor integrated circuit or similar product manufactured by using the reproduced layout-design (proviso to Art. 37(1)). The right to claim cannot be exercised until after the registration of creation (Art. 37(2)). If the registration of creation is cancelled under Art. 24, the right to claim is deemed never to have arisen from the beginning (Art. 37(3)). [1]

Art. 760(1) and (2) and Art. 766 of the Civil Act apply mutatis mutandis to the right to claim compensation. The period in Art. 766(1) of the Civil Act is 3 years from the date of becoming aware of the damage and of the person who caused it. Where the holder of the right to claim was aware, before registration of creation, of the fact of reproduction and of the person who used it, the “date of becoming aware” is deemed to be the date of registration of creation of that layout-design (Art. 37(4)). [1][6]

The penalties are as follows. [1]

If the representative of a corporation, or an agent, employee or other servant of a corporation or an individual, commits a violation under the three offenses above in connection with the business of that corporation or individual, the fine of the relevant provision is also imposed on that corporation or individual. This does not apply where the corporation or individual has not neglected due care and supervision (Art. 49). [1]

Disputes over layout-design rights are subject to mediation by the Industrial Property Rights Dispute Mediation Committee (산업재산권분쟁조정위원회). Art. 41(1), subparagraph 5 of the Invention Promotion Act (발명진흥법) states layout-design rights, exclusive licenses and non-exclusive licenses. [7]

Registration of transfers, licenses and pledge rights: without registration they cannot be asserted against a third party

A layout-design right may be transferred (Art. 10(1)). The holder of a layout-design right may grant an exclusive license and a non-exclusive license (Art. 11(1), Art. 12(1)). [1]

The following matters cannot be asserted against a third party unless they are registered with the Minister of Intellectual Property (Art. 23(1)). [1]

• The transfer of a layout-design right, or a restriction on its disposition. Transfer by inheritance or any other universal succession is excluded. The same applies to transfer in the three lines below
• The grant, transfer, amendment or lapse of an exclusive license, or a restriction on its disposition
• The grant, transfer, amendment or lapse of a non-exclusive license, or a restriction on its disposition
• The institution, transfer, amendment or lapse of a pledge right over a layout-design right, an exclusive license or a non-exclusive license, or a restriction on its disposition

The wording differs from the Patent Act. Art. 101(1) of the Patent Act states that the transfer of a patent right and the grant of an exclusive license “등록하여야만 효력이 발생한다” (take effect only when registered). The words of Art. 23(1) of the Layout-Designs Act are “제3자에게 대항할 수 없다” (cannot be asserted against a third party). [1][4]

Where a non-exclusive license has been registered, it is also effective against a person who acquires the layout-design right or an exclusive license after that registration (Art. 23(2)). [1]

This registration must be applied for jointly by the rightful person of registration (등록권리자) and the responsible person for registration (등록의무자). The rightful person of registration alone may apply where a letter of consent of the responsible person for registration is attached, and where the registration is made by judgment, inheritance or merger (Enforcement Decree, Art. 16). A document proving the cause of registration must be attached to the application form for registration (Enforcement Decree, Art. 18(1), subparagraph 1). If the applicant is a foreigner, a certificate of nationality must also be attached (subparagraph 4 of the same paragraph). [2]

Joint ownership has restrictions. A joint owner cannot transfer his or her share or pledge it without the consent of the other joint owners (Art. 10(3)). An exclusive license or a non-exclusive license also cannot be granted without the consent of the other joint owners (Art. 10(5)). Unless there is a special agreement, a joint owner may use the layout-design without the consent of the other joint owners (Art. 10(4)). [1]

An exclusive license may be transferred only in three cases. They are where it is transferred together with the business that uses the layout-design, the case of inheritance or any other universal succession, and where the consent of the holder of the layout-design right has been obtained (Art. 11(3)). For an exclusive licensee to grant a non-exclusive license, the consent of the holder of the layout-design right is required (proviso to Art. 12(1)). [1]

Several provisions of the Decree on Registration of Patent Rights (특허권 등의 등록령) apply mutatis mutandis to the registration procedure (Enforcement Decree, Art. 28). The registration of the transfer of a patent right and of a license under a patent is covered in “How do I record an assignment or a license of a Korean patent?”. [2]

Cancellation of registration of creation and adjudication on a non-exclusive license

The Minister of Intellectual Property may cancel the registration of creation if a layout-design whose creation has been registered falls under any of the following (main clause of Art. 24). [1]

1. A treaty under Art. 3(1) has been violated
2. The registration of creation was made by deceit or in any other fraudulent way
3. The layout-design whose creation has been registered is not a creative layout-design
4. Any of Art. 20(1), subparagraphs 1 to 3 applies

If subparagraph 2 or 4 applies, the registration of creation must be cancelled (proviso to Art. 24). Subparagraph 4 is the case where the applicant is not the creator, the case where the application was not filed by all the joint owners, and the case where the 2-year period has elapsed. The case of lack of creativity (subparagraph 3) remains under “may cancel”. [1]

To cancel, the Minister of Intellectual Property must hold a hearing (Art. 39, subparagraph 2). The cancellation must be made in writing stating the reasons, and its details are publicly notified in the Official Gazette or the Patent Gazette (Enforcement Decree, Art. 27). [1][2]

The Layout-Designs Act, the Enforcement Decree and the Enforcement Rule have no provision that sets a procedure by which a third party applies for cancellation of a registration of creation. The three also have no provision that sets a trial procedure. [1][2][3]

An objection against cancellation remains only in the fee provisions. A person who intends to file an objection (불복신청) against the cancellation of a registration of creation must pay a fee, and the amount is KRW 150,000 per case (Art. 40(1), subparagraph 4; attached Table of the Enforcement Rule, subparagraph 12). No provision of the three current statutes and regulations sets where and by when that objection is filed. The word “불복” (objection) appears in the three statutes and regulations only in these two places. [1][2][3]

Art. 26, subparagraph 2 of the former Layout-Designs Act stated an objection against the cancellation of a registration of creation as a matter for deliberation by the Layout-Design Deliberation and Mediation Committee (배치설계심의조정위원회). Arts. 25 to 34 were deleted by Act No. 20169. That Act was promulgated on 30 January 2024 and entered into force on 31 July 2024. The transitional measure in Art. 2 of its Addenda concerns the confidentiality obligation of persons who were members of that committee and their being deemed public officials. Those Addenda contain no transitional measure on objections. [1]

Non-exclusive licenses have an adjudication system. A person who wishes to use a layout-design may demand negotiation in cases such as where a layout-design whose creation has been registered has not been used in the Republic of Korea for 2 consecutive years or longer without a justifiable ground (Art. 13(1)). If no agreement is reached, that person may apply to the Minister of Intellectual Property for adjudication (Art. 13(2)). If the Minister of Intellectual Property finds that the application for adjudication falls under a ground in the subparagraphs of Art. 13(4), he or she may make an adjudication after deliberation by the Industrial Property Rights Dispute Mediation Committee (Art. 13(4)). The fee for an application for adjudication is KRW 150,000 per case (attached Table of the Enforcement Rule, subparagraph 10). [1][3]

Relationship with patent rights, design rights and copyright: the five Acts have no coordinating provision

In Arts. 1 to 49 of the Layout-Designs Act, the only provision that contains the word “특허” (patent) is Art. 5-2. It is the provision under which Arts. 28-2 to 28-5 of the Patent Act apply mutatis mutandis to proceedings. No provision of the Layout-Designs Act contains the words “디자인” (design), “저작” (authorship, as in copyright) or “실용신안” (utility model). [1]

The reverse is the same. A search for “배치설계” (layout-design) in the main text, Addenda and attached Tables of the Patent Act, the Utility Model Act, the Design Protection Act and the Copyright Act (저작권법) returns no result. The same is true of the Patent Act scheduled to enter into force on 16 March 2027 (Act No. 21955). [4]

The Layout-Designs Act, the Patent Act, the Utility Model Act, the Design Protection Act and the Copyright Act have no provision that sets the relationship between a layout-design right and a patent right, utility model right, design right or copyright. These five Acts have neither a provision that a person who obtains one right cannot obtain another, nor a coordinating provision for the case where the rights conflict with each other. [1][4]

The examination standards that apply when a patent application is filed for an invention of a semiconductor circuit or process are covered in “Semiconductor inventions in Korea: which examination guidelines, accelerated examination and examining units apply?”.

How much is it used?

According to the Ministry of Intellectual Property’s “2025 반도체 배치설계권 설정등록 현황” (Status of Registration of Creation of Semiconductor Layout-Design Rights 2025; February 2026), there were 2,901 registrations of creation in total from 1993 to 2025. By right holder, 2,019 were by domestic persons and 882 by foreigners. [10]

There were 29 registrations of creation in 2025, all by domestic persons. From 2016 to 2025, registrations of creation by foreigners were 5 in 2021, 4 in 2023 and 1 in 2024. [10]

Where the guidance of the Ministry of Intellectual Property differs from the statutes and regulations

The website of the Ministry of Intellectual Property has guidance on the layout-design right in Korean and in English. The places where the pages read on 10 October 2026 differ from the statutes and regulations are as follows. This article followed the statutes and regulations. [8][9]

The last-updated date (최종수정일) of the Korean page is 9 January 2026, and the “Last updated” of the English page is 11 April 2023. [8][9]

What right holders should do

• We suggest keeping a record, for each layout-design, of the date of creation and the day it was initially used for making a profit. The 2-year application time limit and the two upper limits on the duration are determined from those two dates (Art. 19(1), Art. 7(2)). [1]
• We suggest applying early for a layout-design that is to be registered. The duration cannot exceed 10 years from the date of initial use, so the later the registration, the shorter the period that remains (Art. 7(2)). [1]
• We suggest finalizing the layout-design file before applying. The application form and the other accompanying documents can be corrected, but the layout-design file is excluded from correction (Enforcement Decree, Art. 12(3)). [2]
• We suggest confirming who the creator is before deciding the name of the applicant. For a layout-design created in the course of service, the corporation or similar employer is the creator unless an agreement or employment regulations provide otherwise (Art. 5). The case where the applicant is not the creator is a ground for rejection and, after registration, a ground on which the Minister of Intellectual Property must cancel (Art. 20(1), subparagraph 1; proviso to Art. 24). [1]
• We suggest that a non-resident register the appointment of the layout-design administrator. Unless it is registered, the appointment cannot be asserted against a third party (Art. 4(3)). [1]
• We suggest registering where a layout-design right has been acquired by transfer or a license has been received. Unless it is registered, it cannot be asserted against a third party (Art. 23(1)). [1]
• We suggest separately considering a patent application for the technical idea of the circuit and the process. The effects of a layout-design right do not extend to an identical layout-design that is creative and was produced by another person (Art. 9(1), subparagraph 3). [1]

Please confirm the time limits and documents of an individual case with your agent.

FAQ

Is a layout-design examined for creativity before registration?

Creativity is not among the grounds for rejection set by the Layout-Designs Act. The Minister of Intellectual Property must register the creation if there is no ground for rejection (Art. 21(1)). The Minister of Intellectual Property may cancel the registration of creation of a layout-design that is not creative (Art. 24, subparagraph 3). [1]

More than 2 years have passed since the product was sold. Can an application be filed now?

An application filed after 2 years have passed from the day the layout-design was initially used for making a profit falls under a ground for rejection (Art. 19(1); Art. 20(1), subparagraph 3). Even if it is registered, it is a ground on which the Minister of Intellectual Property must cancel (proviso to Art. 24). [1]

Can a foreign company apply directly?

A person who has no domicile or place of business in Korea cannot take proceedings unless represented by a layout-design administrator. The exceptions are where an application for registration under Art. 4(3) is filed and where the representative of the corporation sojourns in Korea (Art. 4(1)). If the applicant is a foreign corporation, documents proving that it is a foreign corporation must be attached (Enforcement Decree, Art. 11(2), subparagraph 4). The documents must be prepared in Korean (Enforcement Rule, Art. 2). [1][2][3]

Is the submitted layout-design file made public?

The matters publicly notified are the registration number, the date of registration of creation, the name of the holder of the layout-design right, the title and classification, the description, the date of creation and the date of commercial use (Enforcement Rule, Art. 20). Only the holder of the layout-design right may request perusal or reproduction of the layout-design file (proviso to Enforcement Decree, Art. 36(1), subparagraph 2). [2][3]

Is there a registration fee paid every year after registration?

Among the fee items of the attached Table of the Enforcement Rule, there is no item that corresponds to a registration fee paid every year. The fee for registration of creation is KRW 100,000 per case. [3]

How DEFINE IP Law Firm handles this

DEFINE IP Law Firm reviews the patent application and the registration of creation of a layout-design right together in semiconductor matters. We confirm the date of creation of the layout-design and the date of initial use for making a profit at the stage of taking on the matter. We manage the time limit for the application for registration of creation by reference to that date of use. For questions about registration of creation of a layout-design right in Korea, please write to contact@defineip.kr.

Sources

1. Ministry of Intellectual Property (지식재산처), Act on the Layout-Designs of Semiconductor Integrated Circuits (반도체집적회로의 배치설계에 관한 법률), Act No. 21065, in force from 1 October 2025, Art. 2, Art. 3, Art. 4, Art. 5, Art. 5-2, Art. 6, Art. 7, Art. 8, Art. 9, Art. 10, Art. 11, Art. 12, Art. 13, Art. 17, Art. 18, Art. 19, Art. 20, Art. 21, Art. 22, Art. 23, Art. 24, Art. 35, Art. 36, Art. 37, Art. 38, Art. 39, Art. 40, Art. 40-2, Art. 40-3, Art. 41, Art. 45, Art. 46, Art. 47, Art. 49. Version in force from 4 August 2015 (Act No. 13150), Arts. 25 to 34. Version in force from 31 July 2024 (Act No. 20169, promulgated on 30 January 2024), Arts. 25 to 34 and Addenda. https://www.law.go.kr/법령/반도체집적회로의배치설계에관한법률 (verified 10 October 2026)
2. Ministry of Intellectual Property (지식재산처), Enforcement Decree of the Act on the Layout-Designs of Semiconductor Integrated Circuits (반도체집적회로의 배치설계에 관한 법률 시행령), Presidential Decree No. 35809, in force from 1 October 2025, Art. 11, Art. 12, Art. 13, Art. 16, Art. 18, Art. 27, Art. 28, Art. 36, Art. 39. https://www.law.go.kr/법령/반도체집적회로의배치설계에관한법률시행령 (verified 10 October 2026)
3. Ministry of Intellectual Property (지식재산처), Enforcement Rule of the Act on the Layout-Designs of Semiconductor Integrated Circuits (반도체집적회로의 배치설계에 관한 법률 시행규칙), Prime Ministerial Decree No. 2054, in force from 1 October 2025, Art. 2, Art. 3, Art. 4, Art. 5, Art. 12, Art. 20, Art. 23, Art. 24, attached Table, Form 3, Form 4. Wholly amended version in force from 8 November 2007 (Ordinance of the Ministry of Commerce, Industry and Energy No. 428), attached Table. https://www.law.go.kr/법령/반도체집적회로의배치설계에관한법률시행규칙 (verified 10 October 2026)
4. Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21134, in force from 11 November 2025, Art. 14, Art. 28-2, Art. 28-3, Art. 28-4, Art. 28-5, Art. 101. Word search of the version scheduled to enter into force (Act No. 21955, in force from 16 March 2027), the Utility Model Act (실용신안법), the Design Protection Act (디자인보호법) and the Copyright Act (저작권법). https://www.law.go.kr/법령/특허법 (verified 10 October 2026)
5. Ministry of Intellectual Property (지식재산처), Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026, Art. 7, Art. 8, attached Table 5. Version in force from 18 February 2022 (Ordinance of the Ministry of Trade, Industry and Energy No. 450), Art. 7 and Addenda; version in force from 16 May 2021 (Ordinance of the Ministry of Trade, Industry and Energy No. 410), Art. 7. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 10 October 2026)
6. Ministry of Justice (법무부), Civil Act (민법), Act No. 21454, in force from 17 March 2026, Art. 155, Art. 157, Art. 159, Art. 160, Art. 161, Art. 760, Art. 766. Ministry of Government Legislation (법제처), General Act on Public Administration (행정기본법), Act No. 20824, in force from 19 March 2026, Art. 6. https://www.law.go.kr/법령/민법 (verified 10 October 2026)
7. Ministry of Intellectual Property (지식재산처), Invention Promotion Act (발명진흥법), Act No. 21065, in force from 1 October 2025, Art. 41. https://www.law.go.kr/법령/발명진흥법 (verified 10 October 2026)
8. Ministry of Intellectual Property (지식재산처), website page “반도체 배치설계권” (Semiconductor layout-design right; last updated 9 January 2026). https://www.moip.go.kr/ko/kpoContentView.do?menuCd=SCD0200266 (verified 10 October 2026)
9. Ministry of Intellectual Property (지식재산처), “Layout Designs: Procedures of granting a layout-design right” (Last updated 11 April 2023). https://www.moip.go.kr/en/HtmlApp?c=30105&catmenu=ek03_02_02 (verified 10 October 2026)
10. Ministry of Intellectual Property (지식재산처), “2025 반도체 배치설계권 설정등록 현황” (Status of Registration of Creation of Semiconductor Layout-Design Rights 2025; February 2026), I.1 Registrations of creation by year (page 1). https://www.moip.go.kr/ko/semi/kpoSemiPgmMgmt.do?menuCd=SCD0201133&parntMenuCd2=SCD0200285 (verified 10 October 2026)
11. World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights, Part II Section 6, Article 38. https://www.wto.org/english/docs_e/legal_e/27-trips_04c_e.htm (verified 10 October 2026)
12. Methods of Marking Layout-Design Registration, etc. (배치설계 등록표시 등의 방법), Korean Intellectual Property Office (특허청) Notification No. 2015-17, in force from 21 August 2015, subparagraph 1, subparagraph 2. https://www.law.go.kr/행정규칙/배치설계등록표시등의방법 (verified 10 October 2026)
13. World Trade Organization, “Republic of Korea and the WTO”. https://www.wto.org/english/thewto_e/countries_e/korea_republic_e.htm (verified 10 October 2026)