This Law lays down provisions on utilization and scope of trademark rights, application for trademarks and its examination, priority right and its effect, registration of trademark and its term for protection, licensing of trademark, and termination, invalidation and revocation of trademark right in Chapter 1; application for geographical indication and traditional speciality guaranteed right, examination and publication of the application, scope of right, use and control, and withdrawal of rights and responsibilities provided by registration in Chapter 2; design right and the scope of the protection and design right and its limitations in Chapter 3; conditions of patentability, scope of a patent right and its limits, patent application, granting the patent and objection procedures, supplementary and confidential patent, contractual and compulsory licensing of patent right, termination and invalidation of the patent, and infringement of patent right in Chapter 4; and common and other provisions in Chapter 5.
The purpose of this Law is to protect the rights relating to trademark, geographical signs, design, patent, utility model and traditional product names and thus to contribute to technological, economic and social progress. This Law encompasses applications, registrations and post-registration processes regarding trademarks, geographical signs, design, patent, utility model and traditional product names and legal and criminal sanctions concerning the violation of these rights.
According to Article 33, food, agricultural, mining, handicraft and industrial products shall be within the scope of protection of geographical indication and traditional speciality guaranteed, in case they comply with the provisions of Chapter 2. Article 85 determines that (I) any farmer has a right to use the patented breeding or other animal reproduction material provided from the patentee or sold by his/her permission or obtained by another commercial way for agricultural purposes; and (II) any small farmer has the right to use the plant reproduction material that derived from the product in the result of the production made by a patented product provided from the patentee or sold by his/her permission or obtained by another commercial way, in his/her own land which they operate.