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IP Policy & Protection

  • What can I do to prevent a local distributor of our product from registering my trademark in Korea without my permission?

    Under Article 25 of the Trademark Act, if a person tries to register your trademark in Korea without your permission, you can file an opposition to that trademark application within two months of the publication date of the application.

    If your products are well-known, you can cite that as a reason for opposing the trademark registration; you should also provide supporting evidence when filing the opposition. The examiner of the application will carefully consider your opposition and the evidence you provide before deciding whether to approve or block the registration of the published trademark application of the local distributor.

    Please refer to Article 25 of the Trademark Act as outlined below when filing an opposition to a trademark registration:

    Article 25 Opposition to a Trademark Registration

    (1) When an application is published, any person may lodge an opposition to a trademark registration that falls under each subparagraph of Article 23(1) and either subparagraph (ii) or (iv) of Article 48(1) with the Commissioner of the Korean Intellectual Property Office within two months of the publication date of the application.

    (2) A person making an opposition to a registered trademark shall submit a written opposition specifying the following matters and supporting evidence to the Korean Intellectual Property Office:

    (i) the name and address of the opponent to a trademark registration (and, if a legal entity, the name and address of the business);
    (ibis) the name and residential or business address of the agent, if any (and, if the agent is a patent legal entity, the name and address of the business and the name of the designated patent attorney);
    (ii) the subject of an opposition to a registered trademark; the particulars of an opposition to a registered trademark; and
    (iii) deleted;
    (iv) the reasons for opposing a trademark registration and indication of supporting evidence.

    Please note that, if you do not have a residential or business address in Korea, you must appoint a representative with a residential or business address in Korea to process any trademark-related procedures on your behalf. If you wish to appoint a Korean patent attorney, you can contact the Korea Patent Attorneys Association using the following information:

    Tel: 82-2-3486-3486
    Fax: 82-2-3486-3511
    E-mail: kpaa@kpaa.or.kr

  • Where can I apply for mediation of an intellectual property dispute?

    Our office has a special committee comprised of experts from various fields that handles the mediation of intellectual property disputes. They can help you with all types of disputes related to patents, utility models, industrial designs and trademarks.

    To use the service, you will first need to submit a mediation form which you can download from the committee's web site. The committee will look into your case and contact the involved parties to reach a mutual agreement. They will then draw up a mediation protocol, which is regarded as an irrevocable judgment.

    You can download the mediation from and send it to the Intellectual Property Protection Division of KIPO (IPPC):

    Intellectual Property Rights Dispute Committee
    Intellectual Property Protection Division
    Korean Intellectual Property Office
    Government Complex-Daejeon 4 Bldg.
    139 cheongsa-ro, Seo-gu,
    Daejeon, 302-701
    Republic of Korea

  • Where can I report counterfeit goods?

    You can report counterfeit goods through the web sites of any of the following organizations:
    The Korean Intellectual Property Office (KIPO)

    The Supreme Prosecutor's Office of the Republic of Korea

    Cyber112

  • How can I settle disputes related to a domain name?

    Domain name disputes are outside the jurisdiction of our office. However, you could try contacting the Dispute Resolution Committee in Korea . (Alternatively, you could contact the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO).

    The contact details for WIPO are as follows:
    World Intellectual Property Organization
    34, Chemin des Colombettes
    P.O. Box 18
    1211 Geneva 20
    Switzland

    Telephone: +41 (22) 338 8327 or 0800 888 549
    Fax: +42 (22) 740 3700 or 0800 888 550
    E-mail (for general queries): arbiter.mail@wipo.int

    World Intellectual Property Organization
    34, Chemin des Colombettes
    P.O. Box 18
    1211 Geneva 20
    Switzland

    Telephone: +41 (22) 338 8327 or 0800 888 549
    Fax: +42 (22) 740 3700 or 0800 888 550
    E-mail (for general queries): arbiter.mail@wipo.int

  • What can I do if I am unfairly adjudged to be infringing a patent?

    If you are unfairly adjudged to be infringing a patent, there are three ways you can try to redress the situation. First, you can file an opposition to the grant of the patent you are allegedly infringing or apply for an invalidation trial against that patent. If you are successful in either of those options, the patent right will be terminated and the legal force of the warning against you will be nullified.

    The second option is to apply for a trial to confirm the scope of the patent. You can then submit any favorable results to the patent court.

    The third option applies if the invention was used before the patent application was submitted. In that case, Article 103 of the Patent Act allows you to claim a nonexclusive license on the basis of prior use.

  • What can I do if I have been infringing someone else's patent right?

    If you have been infringing someone else's patent right, you should stop the manufacture or sale of the goods.

    However, if you still wish to manufacture or sell the goods, you can ask the right holder to give you a license or assign the patent right to you.

    If you seek permission to exercise the right but the right holder refuses permission without justifiable reasons, or if permission is impossible to obtain, you may request a trial for the grant of a nonexclusive license with the scope necessary to work the patented invention ( Article 138 of the Patent Act).

    The best solution may be to discuss the matter with the right holder and try to reach an amicable settlement.

  • What is the penalty for infringing a patent right?

    If your patent right is being infringed and you file a complaint against the infringer within six months of becoming aware of that fact (Article 230 of the Code of Criminal Procedure), the infringer will be prosecuted (Article 225(2), Patent Act).
    The penalty is specified in Article 225(1) of the Patent Act:

    A person who infringes a patent right or exclusive licensee is liable to imprisonment with labor not exceeding seven years or to a fine not exceeding 100 million won.

    If the infringer commits the offense in association with another organization, he/she may be penalized under the provision of dual liability. Article 230 of the Patent Act stipulates that:

    Where a representative of a legal entity or an agent, an employee or any other servant of a legal or natural person violates Articles 225(1), 227 or 228 with regard to the business of the legal or natural person, the legal person, in addition to the offender, is liable to a fine..

  • What action can I take if I discover someone is infringing my patented invention?

    If someone is infringing your patented invention, you can send a warning letter to the offender (with or without the assistance of a patent attorney). In the warning letter you can inform the offender that your patent right is being infringed. You can also send a certified letter to the offender with supporting documents such as an excerpt of the gazette publication or a copy of the patent certificate.

  • Last updated 13 August 2020
  • International Cooperation Division
    (Intellectual Property Protection Policy Division)