Byeonrisa key terms

A declaration of intent by a private person aimed at producing legal effect, such as a contract, will, or unilateral promise. Validity depends on capacity, proper expression of intent, and conformity with mandatory rules and public order.

The external manifestation of an internal intention to bring about a legal effect. Korean Civil Law distinguishes express and implied declarations and regulates defects such as mistake, fraud, and duress.

A declarant's false understanding of the content of a juridical act or of the surrounding circumstances. Under the Civil Code a declaration based on a fundamental mistake in content is voidable, subject to good-faith protection of the other party.

Wrongful deception or coercion that induces a declaration of intent. A declaration made under fraud or duress is voidable; duress also protects third parties who relied on the coerced party's apparent intent.

A unilateral act that retroactively extinguishes the effect of a voidable juridical act. It requires a ground such as mistake, fraud, duress, or incapacity and must be exercised within statutory periods.

The state in which a juridical act produces no legal effect from the outset because it violates mandatory law, public order, or good morals. Unlike rescission, no act is needed to deny effect.

The lapse of a statutory period after which a right, typically a claim, can no longer be enforced. Korean Civil Law sets general periods of ten years and shorter periods for commercial and other claims.

Acquisition of a real right, usually ownership of land, by long possession meeting statutory requirements such as twenty years of peaceful, public, and bona fide possession, with registration available.

A right exercisable directly against a thing and, in principle, against everyone. Korean law follows the numerus clausus principle, so parties cannot create real rights not recognized by statute.

The official recording of real-right changes in the real estate register. For land and buildings, registration is generally the requirement for the transfer of ownership to take effect against third parties.

A formal filing with the Korean Intellectual Property Office containing a specification, claims, drawings where needed, and an abstract, by which an inventor requests the grant of a patent.

The document describing an invention in enough detail that a person skilled in the art can carry it out, together with claims defining the scope of protection sought.

The portion of a patent application that defines the technical scope of the invention for which protection is sought. Claims must be supported by the description and be clear and concise.

A patentability requirement that the claimed invention was not publicly known, used, or described in publications anywhere before the filing date, subject to limited statutory exceptions and grace periods.

The requirement that an invention not be obvious to a person having ordinary skill in the relevant art in light of prior art at the filing date. It distinguishes patentable advances from routine modifications.

A hypothetical practitioner with ordinary knowledge and skill in the technical field, used as the standard for judging inventive step, enablement, and claim clarity.

The requirement that the specification describe the invention clearly and completely enough for a person skilled in the art to practice it, without undue experimentation, based on the disclosure.

The date on which a complete application is filed. It fixes the prior art cutoff and priority position, and in Korea a claim's scope is generally assessed as of that date.

The right, under the Paris Convention and Korean law, to treat a later application as filed on the date of an earlier application in a member state, typically within twelve months for patents and six months for designs and trademarks.

The process of determining the meaning and scope of claim terms, considering the description, drawings, and prosecution history. It decides whether an accused product or process falls within the patent.

A judge-made doctrine extending patent protection beyond the literal claim wording to variants that solve the same problem by substantially the same means, provided they were foreseeable and prosecution history does not bar the extension.

Unauthorized working of a patented invention within the scope of the claims, including making, using, selling, importing, or offering for sale the patented product or process.

The statutory conditions a mark must satisfy for registration, including distinctiveness, no conflict with prior registered marks, and absence of deceptive or public-policy prohibitions.

The capacity of a mark to identify the source of goods or services and distinguish them from those of others. Generic terms lack it; descriptive terms may acquire it through use.

An earlier-filed or earlier-registered trademark that may bar registration of a later mark under the similarity and likelihood-of-confusion provisions of the Trademark Act.

The risk that consumers will mistake the source of goods or services because of similarity between marks or between marks and indications. It is central to refusals and infringement analysis.

Use of a mark identical or similar to a registered trademark on identical or similar goods in a way that causes or is likely to cause confusion, without authorization.

Acts such as affixing a mark to goods, packaging, or advertising material, or displaying it in connection with services, that constitute use for purposes of acquiring or enforcing trademark rights.

Conditions for design registration under the Design Protection Act, including novelty, creativity, and industrial applicability of the shape, pattern, color, or combination applied to an article.

The shape, pattern, color, or a combination of these in an article that appeals to the eye. Protection covers the visual appearance, not the technical function of the article.

The design-specific requirement that a design be not easily creatable by a person skilled in the field from prior designs or widely known techniques, analogous to inventive step in patents.

A design claiming only part of an article, such as a handle or a shoe sole. Korean practice permits partial designs and assesses similarity based on the claimed portion.

A creative expression of human thought or emotion in literature, science, or art. Protection arises automatically upon creation and requires originality, not registration.

In copyright, the requirement that a work originate from the author and reflect a minimal degree of creative expression, not copied from another work.

The principle that copyright protects the expression of ideas but not the ideas themselves, facts, or functional elements. It limits the scope of infringement claims.

A defense permitting limited use of copyrighted works without authorization, assessed by factors such as purpose, nature of the work, amount used, and effect on the market. Korean law recognizes a general fair use provision.

The transferable, licensable rights of an author to reproduce, distribute, publicly perform, transmit, and adapt a work, subject to statutory limitations such as fair use and quotation.

Personal rights of an author to be identified, to decide on publication, and to preserve the integrity of the work. They are generally not transferable and survive economic transfers.

The principal international treaty for industrial property, establishing national treatment, the right of priority, and common rules on patents, trademarks, and unfair competition among member states.

The principle that a member state must accord nationals of other member states the same protection as its own nationals in intellectual property matters, subject to reciprocity exceptions.

The WTO agreement setting minimum standards for patents, trademarks, copyright, designs, and enforcement, including the twenty-year patent term and dispute settlement.