General Terms and Conditions of Use of KIPRISPlus Service


Chapter 1 General Provisions

Article 1 (Purpose)

The purpose of these General Terms and Conditions of Use (the Terms of Use) is to set forth the rights, obligations and liabilities of Korea Institute of Patent Information (KIPI) and the Users in respect of use of the Korea Intellectual Property Rights Information Service (KIPRISPlus, the Service) which KIPI operates as entrusted by the Korean Intellectual Property Office (KIPO) and the terms, conditions and procedures of using the Service.

Article 2 (Definitions)

The terms herein used shall have the meanings set forth below:

1.         User(s) means Members or Non-Members who are provided with the Service by KIPI in accordance with the Terms of Use

2.         Member(s) means any of the following persons who provide the Service with their personal or group information and join the Service as the Members.

a.    Individual Member(s) means any of those who provide their personal information to be registered with the Service as the Members and are eligible to continue to use the Service.

b.    Group Member(s) means any of the individual businesses, corporations, entities other than corporations, etc. that provide their information to be registered with the Service as the Members and are eligible to continue to use the Service.

3.         Non-Member(s) means any of the Users who are not the Members.

4.         Service means any of the following services that are provided in the service name of Korea Intellectual Property Rights Information Service or KIPRISPlus.

a.    Membership Service means the service that is provided to the Members who have completed membership registration.

i.          Paid Membership Service means the Service that is provided to the Members only after the Members have paid the Fee and obtained the permission to use the Service.

ii.         Free Membership Service means the Service that is provided to the Members who have not paid the Fee but obtained the permission to use the Service.

b.    Non-membership Service means the Service that is also provided to the Users who are not registered as the Members.

5.         ID means a combination of letters and digits selected by the Member and granted by KIPI for the purpose of identifying the Member and allowing the Member to access the Service.

6.         Password means a combination of letters and digits selected by the Member for the purpose of verifying the Member using the given ID and protecting the Member's personal information, rights and benefits.

7.         Authorization Key means a distinct value given by KIPI to each User in order to identify whether the User is the Member who is permitted to use the Service.

8.         Service Information means any information to be provided by the Service.

9.         Postings mean written materials, photos, videos, files and links posted on the Service by the Members in using the Service.

10.       Fee means the amount of money charged to the Members who intend to use the Paid Membership Service per report or for a certain period (the Period of Use).

11.         The “Paid Membership Service” is classified into the following two categories.

a. “Periodic Paid Membership Service” means a service that allows Users to use multiple Service Information pursuant to the usage method specified on the website in return for the payment of Fee charged on the basis of a certain period of time.

b. “Per Report Paid Membership Service” means a service that allows Users to use individual Service Information selected by Users pursuant to the usage method specified on the website (download period etc.) in return for the payment of Fee charged per Service Information unit.

Article 3 (Consent to the Terms of Use)

The Users may use the Service after consenting to the Terms of Use in the manner set forth below and, as an additional procedure, obtaining the authorization to use the Service, etc. The contract for the use of the Service between the Users and KIPI is deemed to have been executed at the time of KIPI`s authorization.

1.         If the Member indicates his/her consent to the Terms of Use when joining the Service as the Member; or

2.         If the Non-Member indicates his/her consent to the Terms of Use before accessing or downloading the Service Information at the time of using the Non-membership Service.

Article 4 (Posting and Amendment of the Terms of Use)

(1)        KIPI shall post the Terms of Use on its homepage screen to allow the Users to have knowledge of the Terms of Use.

(2)        KIPI may amend the Terms of Use to a reasonable extent that it is not in breach of the Personal Information Protection Act, the Act on Regulations of Terms and Conditions and the Act on Promotion of Use of the Information Network and Protection of Information, etc. If KIPI amends the Terms of Use, KIPI shall give a public notice thereof specifying the date, reasons, particulars and the effective date of such amendment for 7 days prior to the effective date of such amendment on the start-up screen of the Service homepage; Provided, however, that the amended terms and conditions contain provisions that have material effect on the rights and obligations of the Users, the foregoing notice shall be publicly given for 30 days prior to the effective date thereof.

(3)        The Terms of Use amended under paragraph (2) shall come into effect as of the effective date as announced.

(4)        With respect to the Users who indicate their intention not to consent to application of the amended Terms of Use prior to their effective date, the Terms of Use before amendment shall apply to such Users, and if they are the Members, they may cancel (withdraw) their membership. However, if it is impossible to apply the former Terms of Use only to part of the Members due to the nature of the amended Terms of Use and the Service, KIPI may terminate the agreement of service under the Terms of Use with the Members who have indicated no consent to application of the amended Terms of Use.

(5)        With respect to the Members who withdrew their membership or whose agreement of service is terminated in accordance with Paragraph (4), the agreement shall be regarded as terminated without reasons attributable to either KIPI or the Members and payment of the Fee shall be accordingly settled. The Fee shall be returned pursuant to Article 22 (1).

(6)        The Users are obligated to check announcements regularly from time to time when using the Service and therefore, damage arising from failure to confirm the amendment and the particulars of the amended Terms of Use shall be borne by the Users themselves.

Article 5 (Rules Applicable in Addition to the Terms of Use)

Matters that are not provided by the Terms of Use shall be in accordance with the Personal Information Protection Act, the Framework Act on Telecommunications, the Telecommunications Business Act, the Examination Regulations of Information and Communications, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Consumer Protection Act, the Civil Code and any other applicable laws and commercial practices of Korea.

Chapter 2 Application for Membership and Use of the Membership Service

Article 6 (Application for Membership and Use of the Membership Service and Acceptance Thereof)

(1)        Any User desiring to use the Membership Service may join the Service as the Member by creating his/her ID and setting Password after consenting to the Terms of Use and the collection and use of personal information in accordance with the membership application procedure through the Service homepage or as provided by KIPI.  KIPI may request a specialized institution to verify the actual name and the identity of the User who applies for Membership.

(2)        KIPI may issue the Authorization Key to each Member who joins the Service as the Member.

(3)        The Members desiring to use the Membership Service shall apply for use of the Membership Service by preparing and submitting to KIPI an application for use of the Membership Service in accordance with the following steps:

1. Select the Service Information (i.e. data) the Member desires to use

2. Enter the request, usage, purpose, and name of the Service subject to usage

3. Click the “Apply” button

4. Click the “Make Payment” button

(4)        KIPI has no duty to accept the application for use submitted by the Member in accordance with Paragraph (3), and if any of the following events occurs, KIPI may reserve its acceptance of the application for use until the event is relieved.

1.          If technical difficulties exist in the Service;

2.          If capacity of the Service related facilities is insufficient; or

3.          In any event KIPI deems it necessary to reserve acceptance of the application.

(5)        The Member whose application for use is accepted may use the Membership Service but in order to use the Paid Membership Service, the Member shall pay the Fee in advance.

(6) Non-Members, and the Users who access the website without log-in may be restricted from applying for Paid Membership Services.

Article 7 (Change of Matters Set Out in the Application for Membership or Use of the Membership Service)

The Member may change particulars except for his/her ID and name when the particulars set out in the application for membership or use of the Membership Service under Article 6 are changed, and any liability arising from failure to change such particulars shall be borne by the Member.

Chapter 3 Provision and Use of the Service

Article 8 (Provision of the Service)

(1)        KIPI shall provide the Members whose application for use of the Service is accepted with the Membership Service and the Non-Membership Service. The Paid Membership Service, however, shall be provided only to the Members who have paid the Fee and whose application for use is accepted, during the prescribed Period of Use or in accordance with the conditions. The details of how to use the Paid Membership Service (download period, etc.) are as specified on the website. 

(2)        KIPI shall provide the Non-Members and the Members whose application for use of the Membership Service is not accepted with the Non-Membership Service.

(3)        The Service shall be in principle provided 24 hours a day throughout the year unless there is any obstacle in business or technology of KIPI.

(4)        KIPI may establish policies relating to the provision of the Service and the Users shall comply with such policies.

Article 9 (Suspension of Provision of the Service)

(1)        KIPI may temporarily or permanently restrict or suspend all or any part of the Service in case any of the following events occurs:

1.          In an unavoidable case where repair, regular examination or works in respect of facilities for the Service are conducted;

2.          If a key telecommunications service provider under the Telecommunications Business Act suspends the telecommunications service or any other obstacles exist;

3.          In the event of war, incident, act of god or any similar national emergency or in case such event is likely to take place;

4.          In case normal use of the Service is hindered due to disturbance in the Service facilities or traffic overload for the Service;

5.          If the policy for provision of the Service is changed; or

6.          If there are reasonable events to restrict or suspend all or any part of the Service in the opinion of KIPI.

(2)        When KIPI restricts or suspends all or any part of the provision of the Service pursuant to the provision of Paragraph (1) (immediately upon occurrence of the event under paragraph (1), items 2 ~ 4), KIPI shall announce the reasons and the period of suspension on the homepage of the Service or may at its discretion notify the Members thereof to a contact point set out in the application for membership.

(3)        If KIPI permanently suspends the Service or fails to reopen the Service after passage of the notified or announced period of suspension, the Members may cancel (withdraw) their membership and the effect is as set out in Article 4(5).

Article 10 (Responsibility for Use of the Service)

(1)        The Users shall use the Service at their responsibility, and shall be responsible for any disadvantages caused by their use of the Service or choice of data.

(2)        The Service has been built for the purpose of providing information and the data provided may include omissions or errors, but KIPI shall not be held responsible for quality and correctness of the provided data.

(3)        KIPI shall not be held responsible for the Service failure caused by reasons attributable to the Users.

Article 11 (Change of the Service)

(1)        KIPI may change some or all of the Service if such change is reasonable for the operational or technical necessities including data updates to include addition, deletion or change of the data or software updates.

(2)        KIPI shall announce the reasons and particulars of change in the Service on the Service homepage. The period and process of such prior announcement, presumed consent to change of the Service and the rights and obligations between KIPI and those who have consented or those who have not consented to such change shall be in accordance with the provisions including Article 4 that stipulates amendment of the Terms of Use.

(3)        Irrespective of paragraph (2), new versions or functions of software applicable to the Service may be automatically updated immediately when they are made available, without consent from the Users.

Chapter 4 Fee of the Paid Membership Service

Article 12 (Fee)

(1)        KIPI shall calculate the Fee in accordance with the KIPO Notice on the Fee of Industrial Property Right Information Provision; provided, however, that KIPI may discount the Fee in accordance with a separately determined rate depending on the Member or the scope of provision of the Service Information.

(2)        The Fee shall be charged to each ID to which the right to use the Paid Membership Service is granted and thus if a Member desires to use the Paid Membership Service through more than two ID's, the Fee shall be paid per ID.

Article 13 (Payment of the Fee)

(1)        The Fee shall be paid in advance of use of the Paid Membership Service by any of the following methods:

1. Deposit with virtual account

2. Credit card

3. Account transfer

4. Other Payment methods allowed by KIPI

(2)        The Members may use the Paid Membership Service after paying the Fee in full.

(3)        If a Member desires to extend the Period of Use, the Member is required to pay the Fee in proportion to the extended Period of Use in full prior to the termination of the existing Service in order to continue to use the Paid Membership Service for such extended Period.

(4)        The Fee shall be in principle paid personally by the Member who desires to use the Paid Membership Service. However, upon prior approval of KIPI, the Member may have another person pay the Fee on his/her behalf after submitting explanatory materials.

Article 14 (Objection against the Fee, Etc.)

If a User has an objection to payment of the Fee, the User may file such objection immediately by e-mail, fax or phone, etc., and KIPI shall examine the raised objection, take the following actions and notify the relevant User thereof.

1.         If the User may not pay the Fee due to reasons attributable to KIPI, KIPI shall give a separate instruction to the User to allow payment of the Fee.

2.         With respect to the Fee that the User paid by mistake or in excess, KIPI may confirm the status and return the excess or claim the shortfall.

Chapter 5 Rights and Obligations

Article 15 (Right to the Service Information and Postings)

(1)        The copyright to the Service Information that can be accessed or copied by the Users via the Service shall be owned by the original copyright holder including KIPI but shall not be transferred to any of the Users.

(2)        Copyright and other right to postings prepared by the Users independently from the Service Information shall be held by the Users who prepared such postings. Provided, however, that KIPI may edit or process the relevant postings with the consent from the Members to the necessary extent for the purpose of operating the Service.

Article 16 (Obligation of KIPI)

(1)        KIPI shall do its best to ensure continuous and steady provision of the Service in accordance with the Terms of Use and the applicable laws.

(2)        KIPI shall not disclose, distribute or provide to a third party any of the User's personal information or any information collected from or in respect of the User in connection with the provision of the Service without the consent of the User himself/herself. However, KIPI may prepare statistical data in respect of all or some of the Members and use such data in relation to its business activities. KIPI shall take actions to ensure that the subject person cannot be identifiable from such statistical data.

(3)        If KIPI considers the User's opinion or complaint as justifiable, KIPI shall promptly take proper actions, and if such actions are delayed, KIPI shall notify the User of the reasons of delay and the schedule of actions.

Article 17 (Obligations of the Users)

(1)        The Users shall refrain from doing any of the following activities in connection with use of the Service:

1.  Provision or resale to a third party of the original information obtained from using the Service in its entirety or in any part as it is. However, justifiable use to the permitted extent under the Copyright Act is allowed.

2.  Copying, processing, translating or preparing secondary copyrighted material of all or part of the information obtained from using the Service to use the information in duplication, performance, broadcasting, display, distribution or publication, etc. or for provision thereof to a third party except for utilization thereof in connection with the Service. However, justifiable use to the permitted extent under the Copyright Act shall be allowed.

3.  Provision of incorrect or false information to KIPI (including change of such information);

4.  Illegal use of the ID or the Password of another Member or allowing a third party to use the Member's ID or Password;

5.  An act of damaging honor of another person or inflicting disadvantages to a third party;

6.  An act of infringing another person's right including KIPI' copyright and a third party's copyright;

7.  Distribution to other persons of contents harming the public order and public morals;

8.  An act deemed to be connected with a crime;

9.  Hacking or an effort of hacking the Service;

10. Registration or distribution of materials infected with virus that causes malfunction of the Service related facilities or destruction and confusion of the Service Information, etc.;

11. Transmission of information that is likely to disturb steady operation of the Service or transmission of advertising information contrary to the intention of the recipients;

12. Intentional intervention in operation of the Service;

13. Abuse or misuse of the Service in abnormal manner;

14. Causing hindrance to the Service by excessive use;

15. Planning or implementing a plan to hinder the national benefits or social public goods; or

16. An act of violating the applicable laws or disturbing normal provision of the Service.

(2)        The Users shall comply with the applicable laws, the Terms of Use, instructions on use and any other matters notified or announced by KIPI.

(3)        The Members are liable to maintain and manage their own ID's and passwords, and shall be wholly responsible for all the results caused in relation to their own ID's and Passwords. If ID or Password is used without permission from the Member, the Member shall immediately report to KIPI thereon.

(4)        The Members shall maintain and renew their information registered at the time of joining the Service to keep the information correct, exact and current.

(5)        The Members may not assign or transfer their status relating to the right of access to the Service and other status relating to the Service membership without prior consent from KIPI.

(6)        If the User is requested to correct the Service Information provided by KIPI due to enactment and amendment of the applicable laws, change in policies, correction (including deletion and change; hereinafter the same shall apply for the meaning of correction) of the Service Information for administrative process, etc., the User shall immediately carry out the requested correction. Further, the User shall submit to KIPI the result of correction of the relevant information in writing within 7 days from the date of request. However, if there is any special reason, the submission period may be adjusted upon consultation.

Article 18 (Use and Management of the Authorization Key)

(1)        The Member may not provide or disclose his/her authorization key to any other person or share the key with any other person, and only the Member may use the authorization key.

(2)        KIPI may designate the Period of Use in issuing the authorization key.

Article 19 (Registration and Management of the Postings)

(1)        The Users shall register their postings in correct and proper manner, and the reliability and correctness of the information or materials posted by the Users shall be the responsibility of such Users.

(2)        KIPI may block access by the Member or a third party to any postings without a prior notice if KIPI deems the materials in the Services posted or registered by the Users as falling under each of the following cases:

1. if the contents are slandering, libeling or damaging honor of other Users or a third party;

2. if the contents are violating the public order or the public morals;

3. if the contents are deemed to be connected with criminal acts;

4. if the contents infringe other person's rights including KIPI's copyright or a third party's copyright;

5. if the postings exceed the designated posting period; or

6. if the contents are determined to be in violation of the applicable laws or applicable policies of KIPI.

(3)        If KIPI blocks access to the postings in accordance with paragraph (2), KIPI shall immediately notify the person who created such postings thereof to the contact point provided to KIPI. The User who created the postings may raise an objection as provided by the Copyright Act, the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc. and other applicable laws.

(4)        If the User who created the postings to which access is blocked in accordance with this Article raises an objection, together with supporting materials, within the period under paragraph (3), KIPI may determine whether to release the blocking.

(5)        If the User does not raise an objection within the period set out in Paragraph (3) or raises an objection but without attaching supporting materials, KIPI may permanently delete the relevant postings.

Chapter 6 Termination of the Agreement, and Restriction and Suspension of Use

Article 20 (Termination by the Member)

(1)        The Member may apply for termination of the agreement under the Terms of Use in the manner set by KIPI.

(2)        KIPI in receipt of the application for termination of the agreement under paragraph (1) shall notify the Member of acceptance of termination of the agreement. However, if the Member breaches his/her obligation under the laws or the Terms of Use, KIPI may not approve the termination of the agreement.

Article 21 (Restriction or Suspension of Use of the Service or Termination of the Agreement by KIPI)

(1)        KIPI may temporarily or permanently restrict or suspend the Member's use of the Service if the Member is in breach of the applicable laws or the Terms of Use.

(2)        If KIPI temporarily or permanently restricts or suspends the Member's access to the Service, KIPI shall immediately notify the Member of the fact and the period of restriction or suspension to the contact point provided by the Member to KIPI.

(3)        The Member in receipt of the foregoing notice may file an objection to the contact point of KIPI that is posted on the Service homepage together with the supporting materials by no later than the earlier date between 30 days from the commencement of the period of restriction or suspension (in case of temporary restriction or suspension) or the receipt of the notice. If the Member's breach of the applicable laws or the provision of the Terms of Use is not resulted by intent or gross negligence of the Member and the Member is evidenced not to have caused direct/indirect damages to KIPI, KIPI shall release the restriction or suspension of use of the Service.

(4)        In the event the Member breaches his/her obligation set out in Article 17(1), items 8 to 12, or the Member repetitively breaches his/her obligations under the applicable laws or the Terms of Use, KIRI may terminate the agreement under the Terms of Use with respect to the Member. If KIRI terminates the agreement in accordance with this paragraph (4), KIPI shall immediately notify the Member thereof to the contact point provided by the Member.

(5)        If the Member breaches obligations or provisions under the Terms of Use, KIPI may request remedy of such breach during a certain period and if such remedy is not made during such period, KIPI may terminate the agreement under the Terms of Use with respect to the relevant Member thereof in accordance with the Terms of Use.

Article 22 (Effect of Termination)

(1)        If the Member cancels (or withdraws) his/her membership or terminates the agreement under the Terms of Use, KIPI shall refund the Fee to the Member who subscribed to the Paid Membership Service as follows:

1. Members who subscribed the Periodic Paid Membership Service: the amount of the Fee for the remaining Period of the Periodic Paid Membership Service on a pro rata basis after the date of suspension

2. Members who subscribed the Per Report Paid Membership Service: the amount of the Fee for the Per Report Paid Membership Service on the condition that there is no record for download of the Service Information and the download period specified on the website is not expired.   

(2)        If the Member's application for use of the Periodic Paid Membership Service is approved and the Member pays in advance the Fee but does not use the Periodic Paid Membership Service, the Member may within 7 days from the date of approval of the application withdraw the application and advance payment of the Fee, in which case, KIPI shall return the entire amount of Fee to the Member.

Article 23 (Deletion of the Member's Information)

(1)        In accordance with the Standard Personal Information Protection Instructions, with respect to any Members whose membership status has been dormant for more than 2 years, KIPI may delete information of such Members whether they are individuals or groups with announcement or notice thereof to the Members in advance.

(2)        If the individual or group Member's information is deleted, all the data of the Member shall be immediately extinguished except in case where KIPI holds personal information in accordance with the applicable laws and the Personal Information Handling Policy, and any and all Service related information registered with the Member's account shall be deleted.

Chapter 7 Indemnification and Miscellaneous

Article 24 (Indemnification)

(1)        If KIPI fails to provide the Service in accordance with the Terms of Use due to reasons attributable to KIPI in providing the Service, KIPI shall be held liable for such failure. However, KIPI shall be liable to indemnify the Members who have paid the Fee and used the Paid Membership Service but shall not be liable for damage suffered by the Users who are not the Members using the Paid Membership Service.

(2)        If the User causes damage to KIPI due to violation of the laws or the Terms of Use, the User shall be liable to indemnify KIPI from such damage.

(3)        Claim for damage between KIPI and the User shall be made in writing setting forth the reasons and amount of claim and the basis of calculation.

Article 25 (Exemption from Liability)

(1)        KIPI shall not be held liable for damages of the User caused by any of the following events:

1.    Intention or negligence of the User;

2.    Not full suspension of the Service but partial hindrance of the Service;

3.    Provision of the Service becomes impossible due to an event that is unavoidable in the nature of telecommunications service; or

4.    Provision of the Service is suspended, restricted or ceased in accordance with the Terms of Use

(2)        KIPI shall not be held liable for the User's failure to obtain benefits expected of in connection with provision of the Service, and shall not be held liable for any damages caused to the User by the Service other than the Paid Membership Service.

(3)        KIPI shall not be held liable for damages caused by the User's failure to check the Terms of Use, instructions or announcements in connection with the Service or damages caused by failure to comply with the Terms of Use of the Service and the applicable laws.

(4)        KIPI shall not be required to interfere with disputes caused via the Service provided mutually between the Users, or between the User and a third party and shall not be liable to indemnify such damages.

(5)        KIPI shall not be held liable for benefits or damages resulted in the User by reliance on the postings or comments.

Article 26 (Competent Court)

(1)        If litigation is filed with respect to disputes arising in relation to the Terms of Use, the respective parties may file litigation with the court having jurisdiction on its own location.

(2)        With respect to litigation between KIPI and the User, the laws of the Republic of Korea shall apply.

 

[Addenda]

(1)        The Terms of Use shall come into effect as of May 7, 2021.

(2)        The prior Terms of Use implemented from July 28, 2017 shall be replaced with these Terms of Use.