North Korea

North Korea is a state in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer area between North Korea and South Korea. The Amnok River and the Tumen River form the border between North Korea and People's Republic of China. A section of the Tumen River in the extreme north-east is the border with Russia.

North Korea has an industrialised, autarkic, and highly centralized command economy. North Korea's isolation policy means that international trade is highly restricted, hampering a significant potential for economic growth. The North Korean economy is completely nationalized, which means that food rations, housing, healthcare, and education is offered from the state for free. The payment of taxes has been abolished since April 1, 1974. In order to increase productivity from agriculture and industry, since the 1960s the North Korean government has introduced a number of management systems such as the Taean work system.

In the 21st century, North Korea's GDP growth has been slow but steady, although in recent years, growth has gradually accelerated to 3.7% in 2008, the fastest pace in almost a decade, largely due to a sharp growth of 8.2% in the agricultural sector. This comes as a surprise given that most economies have reported minus growth due to the global financial crisis of 2008-2009.

General Information

Capital:

Pyongyang

Population:

23 million

Languages:

Korean

Government Type:

Juche socialist republic, Single-party communist state

Dialing Code:

+850

Timezone:

GMT +9

Monetary Unit:

North Korean won

More information:

North Korea

International Arrangements

- Paris Convention for the Protection of industrial Property (Stockholm Act), since June 10, 1980.
- Madrid Agreement concerning the International Registration of Marks (Stockholm Act), since June 10, 1980.
- Madrid Protocol, since October 3, 1996.
- Patent Cooperation Treaty (PCT), since July 8, 1980.
- WIPO.

Patents

LEGAL BASIS

- Law on Inventions and Innovations of June 28, 1986. Published in Industrial Property, March 1989.
- Regulations of June 28, 1986 (in force since November 1, 1986).

FILING

Applicant(s):
- The author(s) or enterprise or person that have been assigned the right to apply. Foreigners as well as their successors in title (including legal entities) enjoy the same rights as nationals.
-Type of protection: inventor's certificates, patents, or certificates for innovation. Inventor's certificates and certificates for innovation are granted to Korean citizens. Foreign citizens may obtain protection through inventor's certificates or patents.
-Not patentable: methods for the purely medical treatment, for the prevention, the diagnosis of human diseases, biological breeding, or biotechnological methods for the production of plants and animals, such as pharmaceutical products, chemically-obtained substances, foodstuffs, substances produced by nuclear reactions and nuclear energy technology, and new plant varieties and animal breeds. Secrecy: applications are treated as confidential documents.
-Priority: according to the Paris Convention.

Requirements (to be sent to resident agent for filing of application):
- Power of attorney (no legalization);
- Inventor's declaration (no legalization);
- Specification in English for translation into Korean: 2 copies;
- Formal drawings: 3 copies;
- Priority document;
- Assignment deed, if applicant is not the inventor (no legalization);
- Assignment of priority rights, if applicant is different from applicant for priority application (no legalization).
Late filing of formal documents: within three months, extendable for further three months. National phase of PCT application: the application can be filed in a foreign language. The translation into Korean must be filed within two months. Terms: 20/30 months.

EXAMINATION AND PROTECTION

Examination:
- By the Invention Committee.

Objection:
- An objection against a decision of the Invention Committee can be filed within three months from the date of the decision.

Publication:
- After granting, in the Invention Gazette.

Opposition:
- Possible within three months from the publication date.

Duration:
- Twenty years from the filing date (fifteen years for application filed before July 1, 1996).

Annuities:
- Are to be paid each year, the first time retroactively, within three months after receipt of the granting decision.

Grace period:
- Six months with a fine of 50%.

Protection:
- A patent confers on its owner the exclusive right to use the invention. Infringement: punished legally and financially.

Licensing:
- Possible.

Assignment:
- Possible.

Trademarks

How to Apply a Trademark in North Korea

Applicant(s):
- Any enterprise, individual, bureau, or party

Types of Trademarks:
- Trademarks for goods, service marks, collective marks, and certification marks

Factors of applying registered trademarks:
- Visual signs, that is, word, device, letters of analphabetic, numerals, three-dimensional symbol, combinations of colours, and any combination of the above element

Period of Validity:
- Ten years; renewal of the trademark is allowed, each for ten years
-Special Stipulations about Trademark application in North Korea

* Presently, the North Korea does not accept the applications filed by the applicants from South Korea and Japan
* Currently, the North Korea adopts the forced registration system for trademark

Documents required for an application for a trademark registration

-Names, addresses, and countries of applicants
*Please provide the corresponding Korean translation simultaneously if had.
-ten copies of reproduction of a trademark
- The size of the reproduction shall be not greater than 10×10cm2 and not less than 5×5cm2 ; if colour is claimed, the colour reproduction of the trademark shall be provided.
-goods or services for trademarks
-if the applicant was a natural person, a copy of ID or passport in which the ID number or passport number is clearly indicated shall be submitted; if the applicant was a legal entity or a party, the notarized copy of the business registration certificate or corresponding qualification certificate shall be submitted.
-Power of Attorney signed by applicants(no legalization);
-if the priority is claimed, the country, filing date and application number of the earliest application shall be indicated; and the priority document issued by the trademark administration of the competent country in which the initial application is filled shall be submitted.
-Foreign applicants: a document attesting the legal existence of the enterprise and stating its activity (e.g. extract from Commercial Register or Certificate of Incorporation, or a notarized Attestation of Domicile);
- 15 prints (if it is a device mark); if colors are claimed: 5 supplementary prints in color;
-If priority is claimed: certified copy of home application.
-Term for filing missing documents: three months, extendable for up to two months.

TRADEMARK PROCESS

Search :
We recommend the first step is to undertake a search of existing records to ascertain if there are any potential conflicts with your proposed trademark application. We undertake a comprehensive search and with each search we do we include a concise and easy to understand report, outlining any risks you face and detailing the best approach for moving forward. The results of the search report will allow us to tailor your trademark application to ensure the best possible chance of your trade mark proceeding without obstacle.

Lodgment:
Once you are ready to lodge your trademark we work with you to ensure the best possible coverage for the goods and services you deliver to your customers. There are currently 45 different classes in the "International classification system" that define goods and services, ensuring your application is in the correct class and covering the correct goods or service is vitally important.

Examination:
Once the application is filed the Trademark Office undertakes an ‘examination’ process. Here the Trademark Office checks that there are no similar trademarks, your proposed trademark is not generic or descriptive and other matters. If there are any problems, the Trade Mark Office will send us a written report outlining such. If we have completed a search on your behalf (see 1 above), we are likely to be aware of any potential problems. The time taken to register a trademark is somewhat determined by the number of problems the Trademark Office raises in their ‘examination’ of the application. Typically trademarks take around 12 months or more to proceed from filing to registration. So the sooner we get your application underway the sooner your trademark can be protected.

Registration:
After the Trade Mark Office has examined your application and it is satisfied there are no problems, (or we have overcome any problems) your application will be advertised in an official Trademarks Journal to allow third parties the opportunity to oppose it. Once your trademark has been advertised and providing there are no oppositions, we need to pay the correct registration fee and the trademark will be registered and we will receive the official Certificate of Registration. Once registered the trademark is now an asset for you or your company and you have the sole right to use, license or sell the mark as you see fit. A trademark can last indefinitely provided the renewal fee is paid which we monitor for you, free of charge when you engage us to file your trademark.

Priority:
- According to the Paris Union.

Protection:
If the application is in order, the Trademark and Industrial Design Department shall register it within three months of the date of filing of the application. An author's certificate and a registration certificate shall be issued at the time of registration.

Term for renewal:
The request for extension of the term of protection of the mark has to be filed during the last year of validity, or not later than six months after its expiry. In the latter case, the amount of the fee payable shall be increased by 50%.

Publication:
- By the Trademark and Industrial Design Department.

MODIFICATION OF PROTECTION AFTER REGISTRATION

Assignment:
Licensing: a mark may be assigned, or its partial or total use by another organization may be authorized. The licence agreement must be registered at the Office for Inventions.

Requirements for assignment and licensing:
- Power of attorney;
- Certificate of registration;
- 2 copies of the assignment or licensing agreement.

Cancellation:
- A mark may be cancelled from the register when:
(1) the registration was effected in violation of the law;
(2) the registered mark has not been used for a period of five years.

Specific requirements:
- Selling, importation and exportation of products is not possible if the mark appearing on the products is not registered.

Designs and Models

LEGAL BASIS

- Law on Trademarks and Industrial Designs of January 1, 1968, published in Industrial Property, January 1981. Regulations of September 5, 1988.
- Statute on Marks and Industrial Designs No. 0093 of May 2, 1983, published in Industrial Property, October 1984.

Applicant:
- May be the author(s) or an assignee.

Foreigners:
- No provisions.

Exceptions to protection:
- No industrial design shall be registered which: (1) does not differ substantially from other industrial designs already registered in the country; (2) has already been used in the country; (3) is known in the country through publication; (4) was displayed at exhibitions prior to the filing of the application.

Priority:
- As regulated by Paris Convention.

Requirements (to be sent to resident agent for filing of application):
- Power of attorney;
- Drawings or photographs of the design (2 copies);
- A description of the design including the usefulness and originality of the design;
- If priority is claimed: certified copy of priority document.

EXAMINATION, PROTECTION
-If the application for the registration of an industrial design does not satisfy completely the requirements for registration, the Trademark and Industrial Design Department shall accept it only when the deficiencies have been rectified within three months after having been notified of the requirements which were not satisfied.

-Registration: if the application is in order, the Trademark and Industrial Design Department shall, within three months, register the design in the register of industrial designs. An author's certificate and a registration certificate shall be issued at the time of registration.

Protection:
- The registration of an industrial design shall confer the right to the exclusive use thereof by the Trademark and Industrial Design Department.

Annuities:
- Should be paid for each year for granted design; can be paid in advance for five years.

Duration:
- Five years, extensible for two period of five years.

Assignment:
- Possible.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

- Paris Convention for the Protection of Industrial Property (Stockholm Act), since June 10, 1980.
- The Hague Agreement for International Deposit of Industrial Designs, since May 27, 1992.

Copyrights

Berne Convention for the Protection of Literary and Artistic Works

As a member of the Berne Convention, it is possible to copyright protect creative works in this country as well as all the other member nations automatically (more than 160 countries), with one single application.

For more information and to submit us your works for worldwide copyright protection, click here.

Domain Names

Domain extension:

.kp

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North Korea