Key Amendments to the Korean Patent Act, Utility Model Act, Trademark Act, and Design Protection Act, Effective from July 22, 2025
June 19, 2025
The Korean Patent Act, Utility Model Act, Trademark Act, and Design Protection Act were amended on December 27, 2024, and officially promulgated on January 21, 2025. These amendments will come into effect on July 22, 2025. The key points of the amendments are as follows:
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Addition of Penalties for Violating Secret Orders
Under current Korean law, there are no specific penalties for violating secret orders (i.e., orders issued by the government to restrict the filing of certain inventions abroad or to treat certain inventions as classified for national defense purposes). The recent amendment explicitly stipulates that violators of such secrete orders may be subject to imprisonment for up to five years or a fine of up to 50 million KRW. Furthermore, responsibility may also be pursued against the legal entity to which the violator belongs, as well as representatives or other individuals with managerial or supervisory duties, with fines of up to 100 million KRW.
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Addition of “Exporting” as an Act of Exploiting Invention Patent and Utility Model Patent
Under the current Korean Patent Act, exploiting an invention of a product means acts of manufacturing, using, assigning, leasing, importing, or offering for assigning or leasing, while “exporting” is excluded. The recent amendment explicitly adds “exporting” as an act of exploiting an invention of a product. This means that a patentee can now not only seek injunctions against those who export products infringing their patents but also claim damages or criminal penalties for such infringement.
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The duration of a patent term extension for pharmaceutical patents is now explicitly capped at 14 years from the date of marketing authorization, and only one patent per authorization may be extended.
Under the current Korean Patent Act, the extension period for pharmaceutical patents is limited to a maximum of five years, but there was no cap on the total duration of the extended patent term, nor was there a limit on the number of patents that could be extended based on the same marketing authorization. As a result, certain pharmaceutical patents had longer durations compared to those in other countries, delaying the market entry of generic drugs. To expand public access to pharmaceutical options, the recent amendment explicitly specifies that the maximum duration of a pharmaceutical patent after extension shall not exceed 14 years from the date of marketing authorization, and limits the number of patents that can be extended for the same authorization to one.
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Trademark Opposition Period Shortened to 30 Days
Under the current Korean Trademark Act, when an examiner finds no grounds for refusal and decides to publish a trademark for registration, any person may file an opposition within two months from the date of publication. To expedite the process for applicants to obtain trademark rights, the recent amendment explicitly shortens the opposition period from two months to 30 days.
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Up to Five Times Actual Damages for Willful Trademark and Design Infringement
Under the current Trademark Act and Design Protection Act, the maximum amount of punitive damages for willful infringement of trademark or design rights is limited to three times the actual damages. To better deter intentional infringement, the recent amendments explicitly introduce the fivefold punitive damages system from the Patent Act and Unfair Competition Prevention Act, increasing the cap on compensation for willful trademark and design infringement to five times the actual damages.
Sources:
KIPO Website Press Release: “National Assembly Passes Amendments to the Patent Act and Utility Model Act to Prevent Patent Technology Leakage and Expand Public Access to Medicines”
KIPO Website Press Release: “Trademark Opposition Period Shortened to 30 Days, Helping Trademark Owners Obtain Rights Faster”
KIPO Website Press Release: “Up to 5 Times Punitive Damages for Trademark and Design Infringement!”