South korea Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in south korea, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals
Intellectual Property Protection
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Korea was mentioned several times in the 2022 Special 301 report though it is not on any watch list ranking.

In January 2021, certain Korean National Assembly lawmakers proposed a complete revision to the Copyright Act. concerns have been expressed over this revision in the areas of collective licensing; a lack of clarity concerning the scope and application of and possible extensions to the digital audio transmission right; the introduction of portrait rights into the Copyright Act; and, possible restrictions on the freedom to contract. In the latter half of 2022, several lawmakers introduced amendments to the Copyright Act seeking to increase compensation for directors and scriptwriters of successful shows featured in online content platforms through a systematic payment program. Concerns were expressed over the amendment’s lack of both a detailed payment scheme and an “opt-out” clause for content creators preferring alternative compensation packages. (2023 NTE Report)

In any foreign market, companies should consider several general principles for effective protection of their intellectual property. 

Intellectual Property Resources

For background, link to our article on Protecting Intellectual Property and Stopfakes.gov for more resources.

Please also refer to the State Department’s Investment Climate Statements (ICS), which include information on the protection and enforcement of intellectual property rights in Korea.

  • For information about patent, trademark, or copyright issues — including enforcement issues in the United States and other countries — call the STOP! Hotline: 1-866-999-HALT or visit STOPfakes.gov.
  •  For more information about registering trademarks and patents (both in the United States as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO) at: 1-800-786-9199.
  • For more information about registering for copyright protection in the United States, contact the U.S. Copyright Office at:  1-202-707-5959.

Please also refer to the State Department’s Investment Climate Statements (ICS), which include information on the protection and enforcement of intellectual property rights in Korea.

 

 

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