Overview of the legal framework

Korea’s intellectual property legal framework is designed to promote technological innovation and industrial development while balancing protection of creativity and market fairness.
The main IP statutes include:

• Patent Act;

• Utility Model Act;

• Design Protection Act;

• Trademark Act;

• Copyright Act;

• Unfair Competition Prevention and Trade Secret Protection Act.

Competent authority: Korean Intellectual Property Office (KIPO)
Parent ministry: Ministry of Trade, Industry and Energy (MOTIE)

Korea is a member of WIPO and the TRIPS Agreement, and participates in the PCT, Madrid System and Hague Agreement systems.

International filings and examination in Korea

In the international IP framework, examination in Korea has the following main features:

• High language and consistency requirements: translations must correspond strictly to the original text;

• Fast examination: trade mark applications are typically completed within around 12 months;

• Advanced digitalisation: the KIPO electronic filing system covers the entire procedure;

• Well-developed representative system: foreign applicants must file through a registered patent or trade mark attorney in Korea;

• Active international cooperation: PPH fast-track arrangements have been established with offices such as the USPTO and JPO under WIPO-coordinated frameworks.

Key features of the trade mark system

Filing routes

• Applications may be filed directly with KIPO;

• or Korea may be designated through the Madrid System (Madrid Protocol).

Classification standard

• Uses the Nice Classification;

• Multi-class applications are allowed.

Examination focus

• Particular emphasis on distinctiveness, prior rights and likelihood of confusion;

• Strict review of transliterations, Korean transcriptions and marks in foreign scripts;

• If similarity or descriptiveness issues are identified, an Office Action stating the grounds for refusal is usually issued.

Use requirements and term of protection

• Registration is valid for 10 years from the filing date and can be renewed indefinitely;

• Non-use for a continuous period of 3 years may result in revocation.

Opposition and appeal

• Oppositions may be filed within 2 months from the date of publication;

• Appeals against refusals may be lodged with the Patent Court.

Patent and utility model system

Term of protection

• Patents: 20 years from the filing date;

• Utility models: 10 years from the filing date.

Examination system

• Full substantive examination;

• An examination request must be filed within 3 years from the filing date.

International routes

• Korea is a PCT Contracting State, and the national phase may be entered via an international PCT application;

• Electronic filing and accelerated examination are available, in particular for high-tech, environmental and export-oriented industries.

Key features

• High examination efficiency, with an average grant period of about 12–18 months;

• Options for partial early publication and partial confidential applications are available in certain circumstances.

Design protection

Legal basis

• Design Protection Act.

Scope of protection

• The external appearance, configuration, pattern, colour or combination thereof for industrial products;

• Includes protection for graphical user interfaces (GUIs), typefaces and logo designs.

Term of protection

• 20 years from the date of registration.

Key features

• Multiple designs can be combined in a single application where permitted;

• Examination is strict but relatively fast (generally around 6–9 months);

• High requirements for novelty and originality.