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INTELLECTUAL PROPERTY RIGHTS IN SOUTH KOREA

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Opposition Term

02 Months

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Trademark Act, last amended on April 23, 2019, is the primary law governing the mechanism of trademark registration and protection in South Korea.

  • For getting a trademark registered in South Korea, an application has to be filed with the Korean Intellectual Property Office (KIPO), which administers the entire trademark registration process.

  • Any person or corporation who uses or intends to use a trademark in the Republic of Korea may file an application to the KIPO to register such a mark and may acquire exclusive rights therein. Actual use of the mark is not required to register a mark.

  • It follows a 'first-to-file’ system, which implies that registration is necessary for trademark protection in the nation.

  • South Korea follows the 10th edition of Nice Classification. Multi-class trademark applications are acceptable.

  • The Commissioner of the Korean Intellectual Property Office recognizes the date on which an application for trademark registration is received by the Korean Intellectual Property Office as the filing date of application for trademark registration.

  • When any application is published, any person may raise an objection to the Commissioner of the Korean Intellectual Property Office against the registration of the relevant trademark within two (02) months from the date on which such application is published.

  • Registered trademarks in South Korea last for ten (10) years from the date of registration of the trademark, which may be further renewed indefinitely for successive periods of ten (10) years each.

  • A renewal application should be filed within one (01) year before the expiration date. This term may be extended by a grace period of six (06) months after the renewal due date.

  • When a registered trademark has not been used in South Korea for three (03) consecutive years, third parties can seek to cancel it on the grounds of non-use.

  • South Korea is a member of the Paris Convention for the Protection of Industrial Property.

  • The types of industrial design applications that can be filed in South Korea include Non-Convention Application and Convention Application.

  • The Commissioner of the Korean Intellectual Property Office provides the application documents and attached materials thereof for public inspection for a period of three (03) months from the date of publication of registration. The option of pre-grant opposition is not provided within the Act.

  • Patents in Korea are valid for twenty (20) years from the date of filing. An instrument of Patent Term Extension (Patent Term Adjustment) for pharmaceutical products is available.

  • Annual maintenance fees for the first three (03) years must be paid within three (03) months from receipt of the notice of allowance together with the grant fee. All subsequent annual fees are paid before the anniversary of the registration date. Annuities for the first three (03) years are also counted from the registration date since no maintenance fees are incurred during pendency in Korea.

  • The Industrial Design Protection Act of Korea, last amended on June 9, 2009 by the Act No. 9764, Promulgated on December 31, 1961 by Act No. 951- governs and deals with the mechanism of registration of industrial designs in South Korea.

  • A person seeking to register a design needs to file a request for an application for examined design registration or a request for an application for unexamined design registration with the Commissioner of the Korean Intellectual Property Office.

  • The types of industrial design applications that can be filed in South Korea include Non-Convention Application and Convention Application.

  • From the date of the registration of establishment of a design right under an application for unexamined design registration to the expiry of the three-month period after the publication date of an unexamined design registration, any person may file an opposition to the grant of the design right with the Commissioner of the Korean Intellectual Property Office.

  • A person who is seeking to register a design right under Article 39(1) needs to pay a design fee for a period of three (03) years from the date sought for registration, and the owner of design right needs to pay an annual design fee from the next year of the period of three (03) years from the registration date of the design.

  • The owner of a registered design may pay the design registration fee for multiple years or the entire period of the design term from the year after.

  • The owner of a registered design or a person seeking to register a design right has a period of six (06) months after the expiry of the payment period to pay the late registration fees.

  • The relevant legislation on copyright protection includes the Copyright Act, the Content Industry Promotion Act, the Act on the Layout-Designs of Semiconductor Integrated Circuits, the Unfair Competition Prevention and the Trade Secret Protection Act, and the regulations relating thereto.

  • This authority responsible for copyright protection is the Korea Copyright Commission (KCC) and the Ministry of Culture, Sports, and Tourism (MCST). KCC is delegated by the MCST to handle various tasks related to copyright protection, including mediation of copyright disputes, registration of copyright, issuance of corrective measures, conduct of education and research on policy, etc., whereas the MCST sets the policies and standards for applying under the Copyright Act and designates and authorizes the relevant organizations.

  • In South Korea, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. However, one can avail some facilities for having the work registered in the KCC. A certificate is issued by the Registrar of copyright that makes prima-facie evidence of ownership of copyright.

  • Protection will last for seventy (70) years after the death of the author or, in the case of a jointly owned work, for seventy (70) years after the death of the last surviving co-author (in principle).

  • The copyright in works-made-for-hire and cinematography continues to subsist until seventy (70) years following the publication of the work; or, if the work is not made public within the first fifty (50) years of its creation, then until seventy (70) years following the work’s creation.