KOREAN IP SYSTEM
IROJE IP & LAW: Your Vision, Our Legacy
Twenty-five years of precision. One mission: To transform your innovation into a powerful asset. We provide streamlined, world-class IP solutions for the modern landscape.
Twenty-five years of precision. One mission: To transform your innovation into a powerful asset. We provide streamlined, world-class IP solutions for the modern landscape.
PROSECUTION: Advanced global rights acquisition.
LITIGATION: Sharp, resolute defense in high-stakes trials.
STRATEGY: Comprehensive consulting for technology and copyright value.
Core Components of the South Korean IP System
Application & Registration: KIPO handles patents, trademarks, and design rights. International filings are facilitated through the Patent Cooperation Treaty (PCT) and the Madrid Protocol.
Examination & Granting: Rigorous statutory assessments ensure compliance and distinctiveness. For example, registered trademarks grant 10-year exclusive rights, renewable indefinitely.
Dispute Resolution: The system utilizes a specialized two-tier appeal process:
• IPTAB: An administrative tribunal for initial appeals and trials.
• Patent Court: A judicial body for further legal challenges, with final recourse to the Supreme Court.
• Patent Court: A judicial body for further legal challenges, with final recourse to the Supreme Court.
Enforcement: Rights holders are protected through civil litigation and criminal prosecution, supported by modern digital rights management and anti-piracy measures.
01
Patents & Utility Models
- Patent: 20-year protection for inventive technical creations.
- Utility Model: 10-year protection for practical devices/shapes.
- Strategy: Support for dual filing and expedited examination.
02
Trademarks
- Registration: Securing brands via "First-to-File" system.
- Term: 10-year protection, renewable indefinitely.
- Enforcement: Comprehensive trademark portfolio management.
03
Designs
- Protection: 20-year term for aesthetic industrial values.
- Systems: Partial designs and related designs support.
- Fast-Track: Rapid registration for short-lifecycle goods.
04
IP Disputes & Trials (IPTAB)
- Trials: Invalidation, Cancellation, and Scope Confirmation.
- Appeals: Representation in the specialized Korean Patent Court.
- Enforcement: Strategic handling of infringement and injunctions.
05
Assignments & Recordals
- Transfers: Legal recordation of rights for ownership change.
- Licensing: Drafting and registering exclusive license rights.
- KIPO Records: Maintaining accurate administrative data.
06
Useful Links
Essential resources for Korean IP:
KO
EN