Major Intellectual Property Systems in Korea

Korea’s intellectual property rights include the four “industrial property rights” — patents, utility models, designs and trademarks — as well as copyright, semiconductor layout-design rights, plant variety protection rights, trade secrets, trade names and geographical indications, protected under laws such as the Copyright Act, the Plant Variety Protection Act, and the Unfair Competition Prevention and Trade Secret Protection Act. Industrial property rights in particular are administered end-to-end by the Korean Intellectual Property Office (KIPO), from filing and examination through to post-registration management.

Overview of Industrial Property Rights (administered by KIPO)

Patent (Patent Act)

• Subject: inventions — highly advanced creations of technical ideas utilizing the laws of nature
• Key requirements: industrial applicability, novelty, inventive step
• Term: 20 years from the filing date (pharmaceuticals etc. may be extended up to 5 years)
• Note: a request for examination must be filed within 3 years (request-based examination); preferential examination is available for early grant.

Utility Model (Utility Model Act)

• Subject: devices relating to the shape, structure or combination of articles (“minor inventions”)
• Feature: Korea grants after substantive examination — in July 2006 the pre-registration (non-examination) system was abolished and reverted to examination-before-grant (unlike Japan’s non-examination registration).
• Term: 10 years from the filing date
• Note: mutual conversion with a patent application is possible.

Design (Design Protection Act)

• Subject: designs (shape, pattern, color) of articles, typefaces and images (incl. GUIs)
• Term: 20 years from the filing date (right arises on registration; extended from 15 to 20 years)
• Feature: Design Partial Examination system — fashion-sensitive goods in Locarno classes 1, 2, 3, 5, 9, 11 and 19 are registered quickly via partial examination.
• Note: related designs, multiple-design applications and secret designs are also available.

Trademark (Trademark Act)

• Subject: signs identifying goods/services (characters, figures, symbols, 3-D shapes, colors, sounds, scents, etc.)
• Term: 10 years from registration, renewable — effectively perpetual.
• Note: distinctiveness required; first-to-file system; international application via the Madrid Protocol and a geographical-indication collective mark system are available.

Other Intellectual Property Rights

• Copyright (Copyright Act): creative expressions in language, music, art, software, etc. In principle 70 years after the author’s death. Administered by the Ministry of Culture, Sports and Tourism.
• Semiconductor layout-design right (Act on the Layout-Designs of Semiconductor Integrated Circuits): 10 years from registration.
• Plant variety protection right (Plant Variety Protection Act): 20 years (25 years for fruit trees and forest trees). Administered by the Korea Seed & Variety Service.
• Trade secrets / unfair competition: protected under the Unfair Competition Prevention and Trade Secret Protection Act.
• Geographical indications: under the Agricultural and Fishery Products Quality Control Act and the Trademark Act (GI collective marks).
• Trade name (Commercial Act): names used in business.

Procedure for Obtaining Industrial Property Rights (overview)

• Filing → formality exam → (request for examination, for patents/utility models) → substantive exam → notice of opinion & response (O.A.) → decision of registration → registration (payment of fees) → right arises
• Maintenance: patents/utility models/designs by annual registration fees; trademarks by renewal registration.

Purpose of the System

The industrial property system promotes industrial development by granting time-limited exclusive rights over new technologies, designs and brands, thereby preventing imitation and providing incentives for R&D and the accumulation of goodwill.

[Sources] Korean Intellectual Property Office (KIPO) · Design Partial Examination