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IP Cancellation

Trademark

A lawsuit for the cancellation of a registered mark may be filed at the Commercial Court based on the grounds as referred to in Article 20 or Article 21.

An owner of unregistered mark may file a trademark cancellation action after filing an application at the Trademark Office.

A trademark cancellation action shall be filed within a period of 5 (five) years after the date of mark registration. Yet, a trademark cancellation lawsuit may be filed without a time limit if the mark concerned is contrary to morality of religion, ethics and public order.

Upon the decision of the Commercial Court may only be filed a cassation to the Supreme Court.

The Mark Certificate which is canceled shall be declared to be null and void and shall cause the termination of the legal protection on the relevant mark.

Patent

A lawsuit for cancellation of a patent may be made by:

• a third party in the event the relevant patent should not have been granted pursuant to prevailing patent law;
• a patent holder or a license holder in the event such patent is similiar to his patent that has been granted for the same invention based on the prevailing patent law;
• the public prosecutor against the patent holder or the compulsory licensee in the event the grant of a compulsory license proves that the continuing patent implementation in the way and form that damage public interest can not be prevented, within a period of 2 (two) years since the date of grant of the compulsory license or the date of grant of such compulsory license for the first time, in the case there are several compulsory licenses.

A lawsuit for cancellation should be filed to the Commercial Court.

If the lawsuit for cancellation of a patent shall be confined to one or several claims or parts of claims, the cancellation shall be granted only with respect to matters for which revocation is sought.

The cancellation of a patent shall nullify all legal consequences connected with the patent and other rights deriving from it.

Industrial Design

A lawsuit on the cancellation of registration of an industrial design may be filed by any interested party on the grounds as referred to in Article 2(2) or Article 4 to the Commercial Court.

The only legal action that may be filed against the decision of the Commercial Court shall be a cassation at the Supreme Court.

The cancellation of registration of industrial design shall nullify all legal consequences connected with the right of industrial design and other rights derived from the industrial design.

Where the registration of an industrial design is cancelled, the licensee shall continue to be entitled to implement his license until the expiry date stipulated in the licensing agreement.  The licensee shall no longer be required to continue to pay royalties which he would otherwise be required to pay to the holder of right of industrial design whose right has been cancelled, but to pay royalties for the remaining of his licensing period to the true holder of right of industrial design.

Copyright

An author or a Copyright Holder who is entitled to a copyright may file a request for cancellation of a copyright registration to the commercial court.

The legal force of the registration of a work shall become void due to the cancellation of a copyright registration.