Korean Patent Act, Korean Utility Model Act, Korean Trademark Act, and Design Protection Act of Korean Amendments for 2025

In December 2024, the National Assembly of Korea passed amendments to the Korean Patent Act, the Korean Utility Model Act, the Korean Trademark Act, and the Korean Design Protection Act. These amendments were promulgated on January 21, 2025, and will take effect on July 22, 2025. For more information on Korea’s Intellectual Property Law, please see: IPG Legal’s Intellectual Property Law Archive.

Amendments to the Korean Patent, Trademark, Utility Model, and Design Protection Acts

Amendments to the Korean Patent Act and the Korean Utility Model Act

• “Exporting” as an Act of Practicing Patented Inventions or Utility Models in Korea

The Korean Patent Act and Korean Utility Model Act have been criticized by many for not including provisions stating that the “exporting” of infringing products is a violation of these acts. The amended versions of these acts address this issue and include a provision stating that “exporting” is an infringing act.

• Korean Pharmaceutical Drug Patent 14-year Patent Term Extension in Korea

Before the amendment, Korea had no limit on the number of years of patent extension and the number of patents that could be extended based on a drug approval. The Korean Patent Act was amended to align more closely with the norms in the United States and Japan, thereby establishing a firm and consistent limit. The amended Korean Patent Act allows for the longest patent extension period of 14 years from the date of drug approval, and the law limits the number of patents that can be extended to a single patent based on a single drug approval.

• Criminal Penalty in Korea for Violation of Government Secrecy Order

The Korean Patent Act was amended to correspond more closely to the patent acts of the United States and Japan by providing a criminal penalty system for violations of a Korean government secrecy order (order not to register or keep confidential intellectual property that is necessary for national defense).

The amended Patent Act of Korea imposes a penalty of up to five years in jail or a fine of up to KRW 50,000,000 against the person responsible for violating the government secrecy order and a fine of KRW 100,000,000 for a corporation or the representative of a corporation if the corporation or respresentative of the corporatation fails to supervise the person responsible for the violation.

Amendments to the Korean Trademark Act and the Korean Design Protection Act

• Reduction of Trademark Opposition Period

The trademark opposition period in Korea was reduced from two months to 30 days after publication of the application.

• Increase in Punitive Damages for Trademark and Design Infringement in Korea

The amended Korean Trademark Act and Korean Design Protection Act increased the maximum punitive damages award to three times the amount of the actual damages.

We shall update the reader when more is known on enforcement actions under these amendments. For more information on Korea’s Intellectual Property Law, please see: IPG Legal’s Intellectual Property Law Archive.

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Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. He assists clients in their contentious, non-contentious, and business development needs and is regularly quoted by leading media sources on Asia legal and business issues. Sean is rated a Top 100 attorney, and his firm was rated a top dispute resolution law firm for Korea.