Intellectual Property Laws at South Korea
South Korea boasts a sophisticated and internationally aligned intellectual property (IP) system, managed by the Korean Intellectual Property Office (KIPO). The system is designed to support innovation, protect creators, and facilitate global business operations.
🇰🇷 Key IP Laws and Regulations in South Korea
1. Patents
Governing Law **Patent Act*
Protection Granted for inventions that are novel, involve an inventive step, and are industrially applicable.
Duration 20 years from the filing date, with annual maintenance fee.
Utility Models Provide protection for incremental innovations, lasting 10 year.
Enforcement Patent holders can file civil lawsuits, seek injunctions, and pursue criminal action for wilful infringement.
2. Trademarks
Governing Law **Trademark Act*
Protection Available for distinctive marks used to identify goods or service.
Duration 10 years from the registration date, renewable indefinitely.
Enforcement Trademark owners can take legal action against unauthorized use or infringement.
3. Copyright
Governing Law **Copyright Act*
Protection Covers literary, artistic, musical, and dramatic works, as well as software and audiovisual content.
Duration Life of the author plus 70 year.
Enforcement The Korea Copyright Commission (KCC) manages rights and addresses infringement.
4. Industrial Designs
Governing Law **Design Protection Act*
Protection Covers the aesthetic or ornamental aspects of a product.
Duration 20 years from the filing dat.
Enforcement Design owners can seek legal remedies for infringement.
5. Trade Secrets
Governing Law **Unfair Competition Prevention and Trade Secret Protection Act*
Protection Covers confidential business information, including manufacturing processes and proprietary dat.
Duration Indefinite, as long as secrecy is maintained.
Enforcement Legal actions can be pursued against unauthorized disclosure or us.
🏛️ Enforcement and Dispute Resolution
**Intellectual Property Trial and Appeal Board (IPTAB)*: Handles appeals against KIPO decisions and inter partes revies.
*Patent Court: Specialized court for IP disputes, including appeals from IPTAB decisions.
Recent Reforms:
*Employee Inventions: The Invention Promotion Act was revised to enable the automatic transfer of employee inventions to employers, streamlining the process and enhancing protection.
*Punitive Damages: The Patent Act and the Unfair Competition Prevention and Trade Secret Protection Act were amended to increase the maximum award of punitive damages for wilful infringements up to five times the actual damages.
🌐 *International Treaties and Memberships
South Korea is a signatory to several key international IP treaties, including:
**Patent Cooperation Treaty (PC)**
Madrid Protocol
Hague Agreement
Berne Convention
Rome Convention
TRIPS Agreement
These memberships facilitate the protection of IP rights across multiple jurisdictions.
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