The Korean Ministry of Science and ICT implemented new criteria for companies subject to Information Protection Disclosure Obligations under Korean Law. The companies required to disclose must disclose by June 30, 2025. Non-compliance may lead to a fine of up to KRW 10,000,000. Article 13(2) of the Korean Act on the Promotion of Information Protection Industry requires companies that meet particular criteria to disclose particulars related to staffing and investment related to information protection efforts, including, certifications, monetary investments, staff, audits, and other activities and assets dedicated
Continue readingCategory: Korean Intellectual Property Law
Korean Patent Infringement for Postings on Alibaba of Korean-Patented Products
The Korean Patent Court (2023na10693) ruled in favor of an Italian patent holder in a Korean patent infringement injunction case against a Chinese manufacturer of a machine alleged to be in violation of the Korean patent and recognized that postings on online platforms with servers overseas are subject to the application of Korean Patent Law. The Chinese company manufactured a machine that was similar to the machine of the patent holders and advertised the machine on Alibaba and also its own website. Facts Patent Court Holding in
Continue readingInjunction Granted by Korean Court Against NewJeans: Korean Entertainment Law Updates
In a major decision in Korean Entertainment Law, the unilateral decision of NewJeans to form the group NJZ and perform outside of its agreement with the management company Ador (a subsidiary of HYBE) was deemed a breach of contract by members of NewJeans. The members of NewJeans, who debuted through Ador, announced in November 2024 that their contracts with Ador are terminated due to violation of their exclusive contract. Thereafter, they changed their group name to NJZ. In January 2025, Ador filed a request to the Seoul
Continue readingKorea In-Store Music Copyright Law: Korean Copyright Law Basics
The Korean Supreme Court ruled that if a store plays music provided by a streaming music service, the act of playing that music constitutes Korean copyright infringement. Under the Copyright Act of Korea, “records for sale” do not constitute copyright infringement of performance rights because the copyright holder’s performance rights are limited by law, but music provided by store music service providers for stores does not constitute “records for sale” according to a recent ruling by the Korean Supreme Court. Under the copyright law of Korea, a
Continue readingKorea Fighting Chinese Company Espionage through Revisions to Unfair Competition Prevention & Trade Secrets Protection Act of Korea
Amendments to the Unfair Competition Prevention and Trade Secrets Protection Act of Korea (“Unfair Competition Prevention Act of Korea”) and the Patent Act of Korea are effective as of August 21, 2024. The Amendments, in short, impose harsher criminal, civil, and administrative penalties while increasing the availability of evidence in civil cases. The Amendments to the Unfair Competition Prevention Act of Korea were implemented in reaction to the alleged theft of intellectual property by overseas companies and governments. The revisions were pushed for by Korean conglomerate victims
Continue readingTop 100 Korean Lawyers & Legal Consultants in Korea
Sean Hayes, an attorney for the Top Korean Dispute Resolution Law Firm of the Year was rated by LawAsia, one of the leading peer-reviewed publications in Asia, as a Top 100 Lawyer in Korea. Sean Hayes is one of the only non-Korean attorneys on this Korean Lawyer “A-list” and the only non-Korean that was on the list each year the list was published. 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
Continue readingIP Implications of Chat GPT and Samsung’s Temporary Restrictions on Generative AI in Korea
Chat GPT by OpenAI has increased employee productivity and some employers have even incorporated it into their work systems for improved efficiency. However, Chat GPT brings up many legal issues that have not, yet, been litigated in courts. Chat GPT, an “artificial intelligence” (AI) service developed by OpenAI, has gained widespread popularity for its remarkable ability to comprehend language patterns and structures. Many companies, including those in the legal industry, are considering leveraging Chat GPT for tasks that require human-like thinking. However, the utilization of Chat GPT
Continue readingKorean Data Privacy: Korean National Assembly passes the Second Major Amendment to the Personal Information Protection Act of Korea
The proposal to amend the Personal Information Protection Act of 2011 (the “PIPA”) was approved by the South Korean National Assembly on February 27, 2023. The changes cover a wide range of topics, from fines and breach of reporting requirements to transfer of data and business disclosure requirements. Amendments to Korean Privacy Law We shall have substantial updates on the major changes over the next couple of months. Please check back. If you’re seeking a free of cost initial consultation regarding Data Privacy or other related legal
Continue readingEnforceability of NDAs in Korea
Non-disclosure agreements (NDAs) are legal in South Korea and enforceable. A legally enforceable agreement known as an NDA forbids the publication of sensitive information between two or more parties. In business dealings, employment contracts, and collaborations involving sensitive information, NDAs are frequently employed.NDAs may be subject to contract law or intellectual property law in South Korea. Confidential information and trade secrets are protected under the Korean Commercial Code (KCC) and the Korean Intellectual Property Office (KIPO). For an article on liquidated damages in NDAs please see: Liquidated
Continue readingKorean Patent Act Development of 2022
Major revisions to the South Korean Patent Act (KPA) came into effect on April 20, 2022. The period for filing an appeal against a rejection decision in Korea will be extended from 30 days to three months. Under the amended Korean Patent Act (KPA), applicants can save costs by avoiding time extensions that earlier had a narrow time period of 30 days. The time period was extended to three months from the date of receipt of a Notice of Final Rejection. Applicants can apply for an extension
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