In a ruling that is important for technology companies, multinational employers, and cross-border R&D stakeholders, the Supreme Court of Korea (Third Criminal Division, January 15, 2025, 2025Do13231) held that the crimes of acquiring, using, and disclosing trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act of Korea must be independently examined rather than analysed as a single course of conduct. This decision, arising from a high-profile semiconductor trade secret case involving a former Samsung Electronics executive and the alleged leakage of 18nm DRAM process
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IPG Legal Expert Opinions on Korean Law for Foreign Courts and Law Firms
As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of Korean statutes, judicial precedent, and regulatory practice is essential. IPG Legal regularly works with foreign lawyers and courts to provide expert opinions on matters governed by Korean law. We often appear in court and provide legal opinions worldwide. The Role of Korean Law Expert Opinions in Cross-Border
Continue readingKorean 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 Act and the Korean Utility Model Act The Korean Patent Act and Korean Utility Model Act have been criticized by
Continue readingKorean 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 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 readingTop Law Firms in Korea for English-Speaking Clients According to 10 Magazine
We are proud to note that 10 Magazine listed us in an article titled 10 Lawyers in Seoul for English-Speaking Expats in Korea. IPG is listed under the title Large/International Law Firms. Thanks for the mention 10 Magazine. We love your work. IPG Legal and many of our lawyers were listed as top attorneys by numerous legal rating services and magazines. Sean Hayes was, also, rated a top 100 Attorney. To learn more about IPG Legal please check out our website at: IPG Legal. The article by 10
Continue readingTips for Start-up Success in Korea: Korean Business Basics
Despite the economic challenges presented by the COVID pandemic, there are still plenty of opportunities for start-up companies in South Korea. Many of the long-term foreign attorneys in Korea shall advise that South Korea remains a perfect testbed for foreign companies in the East Asian marketplace. Local and national governments remain committed to fostering long-term partnerships with foreign start-ups within Korea. The attorneys at IPG Legal have put together a list of their top tips to help your start-up succeed in Korea. Take advantage of start-up programs
Continue readingFiling for a Patent in Korea: Basics of Korean Patent Law
Over the next couple of months, lawyers here at IPG Legal shall provide detailed insight and analysis of the Patent Laws of Korea. The following post details the basics of filing for a patent in South Korea. For other articles on patents please see Patent Developments of 2022 and Validity of a Patent and Patent Royalties in Korea. Individuals or companies can register for patents through the Korean Intellectual Property Office (KIPO). The application and registration of patents are governed by the Korean Patent Act (“the Act”).
Continue readingKorean Patent Law’s Trade Secret Protection: Amendment to Trade Secret Law in Korea
The amended Patent Act of Korea (“Korean Patent Act”) and the amended Unfair Competition Prevention and Trade Secret Protection Act (“Korean Trade Secret Protection Act”) of Korea shall enter into force on July 9, 2019. The most important key developments are great criminal penalties for trade secret misappropriations; damage awards up to three times of the actual damage regarding infringements of patent rights or trade secret rights; eased litigation requirements for the claimants; and a revised basis for calculating royalty damages. These amendments are expected to lead
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