GovWire

This page provides practical information to help you make the most of your IP when doing business in The Republic of Korea, also referred to as South Korea.

If you plan to do business in The Republic of Korea (KR),?or if you are already tradingthere, it is essential to know how tomanageand enforce your IPasprivate property rights.

The Korean Intellectual Property Office (KIPO) is the body responsible for operating the patent, utility model, layout designs, trade mark, and design rights system in KR.

The Korea Copyright Commission (KCC) is KRs agency dedicated to copyright related affairs and where you will be able to register your copyright (if needed).

KR is a signatory to a number of International Treaties that may be useful to you should you want to apply to multiple countries at one time with a single application.

Trade marks

The KRtrade marksystemissimilar to the UKs. Trade marks protect symbols, colours or other devices used to identify a businesss products or services.

Atrade markis valid for ten years,thenmay be renewed indefinitely for further ten-year periods.

To protect atrade markinKRyou have two options:

1.Apply yourself or through a representative (e.g. a trade mark agent) directly to KIPO.

2.Make an internationaltrade markapplicationand select Republic of Korea as a designated country. More information on international trade markscan be found here: International Trade MarkProtection GOV.UK

Good to know

The two options above have their pros and cons. It is advised you think through the varying considerations such as the timings, cost and dependencies to suit your business.

Going through an international route, a benefit is that you will typically be required to complete one application across a number of countries in your native language only. Applying to the country directly, may need the application to be done in that countrys language. In this case, having an Intellectual Property lawyer/expert in the chosen country is advised.

Patents and utility models

Like in the UK, patents for inventions can be protected for up to 20 years in KR.

Unlike the UK, KR also provides protection for utility models, for up to 10 years. Utility models are sometimes called mini-patents and require a lower level of inventiveness.

To protect your innovation with a patent in KR you have two options:

1.File an application througha representative (e.g. a patent agent)directlyto KIPO.

2.Filean internationalpatentapplication and select Republic of Korea as a designated country. More information be found here: The PCT Applicants Guide (wipo.int)

Good to know

KR operates a first to file principle. If two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent.

You will not need an address in Korea in order to apply for a patent. However, if you do not have a residential or business address in KR, you must appoint a patent attorney with a residential or business address in KR to act on your behalf for all patent-related procedures.

Direct applications are required to be in Korean. Ensure that your patent application is translatedaccurately.

Designs and Layout Designs

Design - To protect the appearance, shape or configuration of your product, you can apply for a design right directly with KIPO.

• protection term is for 20 years from the filling date.

Layout Design In KR, a plane or cubic design of circuit elements and wires connecting the elements which is typically used for semiconductor integrated circuits, can be protected by registering for a layout design.

• protection term is 10 years from the date of registration.

Good to know

For designs, KR offers two examination routes, the Substantive Examination System (SES) and Partial- substantive Examination System (PSES). PSES is aimed at some short-term life cycle products.

Under PSES, applicants can make use of procedures intended to help expediate the registering of their designs. Registration may be granted within 1 or 2 months from the filling date.

Copyright

As in the UK,copyright is an automatic right underKR law.

KR is a signatory to the Berne Convention. The Berne convention contains a series of provisions determining the minimum protections to be granted. These provisions shared amongst the member states.

Some countries, like KR, offer additional protection of copyright through registering this right. For KR, registration is handled by the KCC.

Good to know

Although protection is automatic,you may want to register your work with KCC. This will provide additional protection if you need to enforce your copyright.

Enforcing your rights

If you believe that someone is using or benefitting from your IP rights without your consent, it is advisableto seek legal advice atan early stage.

There are three levels at which you can enforce your IP rights in KR:

• mediation - IP infringement can often be dealt with directly with the alleged infringer, for example, using cease and desist letters.

• civil action - a legal expert can help you navigate the court system and build a civil case against someone infringing your IP rights.

• criminal prosecution - some infringement actions may also constitute a criminal offense under KR law.

The World Intellectual Property Organisation (WIPO) also provides a range of services for businesses looking to protect their IP internationally, including arbitration and mediation of disputes.

You can register or make a recordal of - your marks with the Korean Customs Service. This allows the customs offices to check and intercept infringing goods.

The Unfair Competition Prevention and Trade Secrets Protection Act provides protection for rights owners in addition to the Acts covering each form of IP. This covers unfair practices including cybersquatting and the infringements involving dead copies of designs.

More information

To report a market access barrier on IP in KR.

Support in KR

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