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 trading there, it is essential to know how to manage and enforce your IP as private 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 KR’s 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 KR trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’s products or services.
A trade mark is valid for ten years, then may be renewed indefinitely for further ten-year periods.
To protect a trade mark in KR you have two options:
1.
Apply yourself or through a representative (e.g. a trade mark agent) directly to KIPO.
2.
Make an international trade mark application and select Republic of Korea as a designated country. More information on international trade marks can be found here: International Trade Mark Protection – 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 country’s 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 through a representative (e.g. a patent agent) directly to KIPO.
2.
File an international patent application and select Republic of Korea as a designated country. More information be found here: The PCT Applicant’s 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 translated accurately.
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 under KR 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 advisable to seek legal advice at an early stage.
There are three levels at which you can enforce your IP rights in KR:
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mediation – IP infringement can often be dealt with directly with the alleged infringer, for example, using ‘cease and desist’ letters.
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civil action – a legal expert can help you navigate the court system and build a civil case against someone infringing your IP rights.
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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:
The British Embassy in Seoul provides a full range of diplomatic, consular and business-related services. UK diplomats cannot intervene with Korean legal or administrative processes, but they may be able to keep a watching brief when cases are brought to Korean courts, or lobby on your behalf if progress is slow.
The British Chamber of Commerce in Korea (BCCK) offers advice for visiting and resident British business-people and a chance to meet others through networking events.
The European Chamber of Commerce in Korea’s (ECCK) primary objective is to provide its members with information, communication, and access pertaining to the business and regulatory environment of KR. It cooperates with organizations that share mutual interest to promote optimal business environment and fairly represents the European business community.
https://www.gov.uk/guidance/ip-in-south-korea
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.