REGISTERING YOUR IPR IS YOUR BEST STRATEGY

Protection of intellectual property and the laws governing enforcement of these protections exist but are not necessarily extra-territorial. What is understood and practiced in the United States is not always practiced in Korea.

U.S. companies wishing to sell their products or services in Korea should first and foremost register their intellectual property rights (copyrights, trademarks or patents) in Korea. The best way to enforce a right-holder's claims is to have their intellectually property recognized by the Korean government.

How and Where to Register Your Intellectual Property in Korea

Trademarks and Patents

Both the United States and Korea are members of the Madrid Protocol, which allows companies from the member nations to apply for trademark ownership in several member nation countries simultaneously. In Korea, a U.S. company can register their trademarks and patents with the Korea Intellectual Property Office (KIPO). Foreign applicants are required to retain a licensed local attorney in order to prepare applications in Korean and to conduct necessary follow-up correspondence locally.

Copyright

Under international law, copyrights do not have to be registered in order to be protected; however, similar to the U.S., registration is also possible in Korea with the Ministry of Culture and Tourism.

Enforcement of legally registered copyrights, trademarks and patents are under the jurisdiction of the Prosecutor's Office in Korea.

Type of Intellectual Property	Where to Register
Trademarks, Patents	Korea Intellectual Property Office (KIPO) http://www.kipo.go.kr
Copyright	Ministry of Culture and Tourism (MOCT) http://www.moct.go.kr Copyright Registration Division: Copyright Deliberation and Conciliation Committee http://www.copyright.or.kr

Also, when registering a copyright, trademark, or patent, US companies should maintain control of their intellectual property even if they request their Korean agent to do the processing. This control is particularly important should the relationship dissolve. In previous cases where the Korean agent maintained control of the intellectual property, long, costly legal battles have ensued in order for the U.S. company to regain their trademark.

For list of major law firms in Korea, go to http://www.buyusa.gov/korea/en/lawfirmcontacts.html.

KOREA'S IPR ENFORCEMENT SYSTEM

(Source: Korea Intellectual Property Office)

The basic policy behind Korea's legal system for disputes between parties is to aid the parties to reach mutual agreement. Unless in extreme criminal cases, "forceful" enforcement is rarely used.

Legal Systems for the Protection of IPRs in Korea

Type of IPR		Law	Authority
Industrial Property Rights	Patents	Patent Act	Korean Intellectual Property Office (KIPO)
	Utility Models	Utility Model Act
	Designs	Design Act
	Trademarks	Trademark Act
Unfair Competition Prevention and Trade Secrets Protection		Unfair Competition Act
Semiconductor Integrated Circuit Layout Right		Semiconductor Act
Copyright		Copyright Act	Ministry of Culture and Tourism (MCT)
Sound Records, Video Products and Game Software		Sound Records, Video Products and Game Software Act
Computer Programs		Computer Programs Protection Act	Ministry of Information and Communications
New Breed of Plants		Seed Industry Act	Ministry of Agriculture and Forestry (MAF)
Customs clearance regulation on counterfeit goods		Customs Act	Korea Customs Service

Enforcement Agencies

(Source: Korea Intellectual Property Office)

I. Korea Intellectual Property Office

The Korea Intellectual Property Office (KIPO) is in charge of intellectual property administration. They grant intellectual property rights, help them to be commercialized and protect them from infringement.

The missions and functions of KIPO are:

• Examination and registration of the patent, utility model, industrial design and trademark (including servicesmark), policies on the protection of trade secrets, and registration of semiconductor chip layout designs.
• Trial examinations of IPR-related disputes;
  The Industrial Property Tribunal
• Anti-Counterfeiting activities;
• Management, computerization and dissemination of IPR information and documentation at home and abroad;
• Encouragement of inventive and innovative activities;
• International cooperation in the field of IPR; and
• Human resources development in the field of IPR.

II. Public Prosecutor's Office and the Police

The Supreme Public Prosecutors Office (www.spo.go.kr) is the authority that investigates counterfeiters and distributors of counterfeit goods. The Joint Investigative Center on IPR Violations in the Supreme Public Prosecutor's Office and the Regional Joint Investigation Teams in 21 major district public prosecutor's offices have been conducting IPR investigations since 1993. Public prosecutors whose exclusive job is the criminal investigation of IPR violations are chosen to work in these departments.

The field officers from eight government agencies, including the Prosecutor's Office, the Ministry of Foreign Affairs and Trade, the Ministry of Culture and Tourism, the Ministry of Information and Communications, the National Police Agency, the Korea Customs Service, the National Tax Administration and KIPO hold an annual investigation meeting on IP criminals. The officers analyze and review the results of crackdowns on IPR infringers and determine further measures to combat IPR infringement. KIPO also takes an active part in the meeting for the prevention of counterfeit goods.

III. Korea Customs Service

In order to prevent inroads by counterfeit merchandise at the earliest possible stage, the Korea Customs Service has created investigation teams whose exclusive job is to survey and control counterfeits under the authority of the Customs Act and other relevant laws.

Trademark owners can request customs authorities to restrict the import or export of goods infringing their trademark rights by recording their registered trademark rights with customs authorities. Customs officials suspend operations on articles presented for import or export clearance that are suspected of being counterfeit, and they investigate the related infringers. The Korea Customs Service now operates a "Cyber Exhibition of Counterfeit & Genuine Goods" on its website.

IV. Standing Inspection Team (SIT)

In October 2003, the Standing Inspection Team (SIT) under the Ministry of Information and Communication was granted judicial police powers by the National Assembly to more effectively carry out inpsections of businesses and institutes to determine if illegal software is in use. If software infringement is discovered, the SIT works directly with the regional prosecutors' offices to determine if a complaint needs to be filed. The SIT has 7 regional teams working in all the major cities and provinces of Korea. The teams have representatives of the software right holders accompany them on inspections on a rotating basis. The SIT also maintains a website at http://www.copy112.or.kr for information on enforcement actitivies and to accept tips on illegal software use. In addition, the SIT carries out educational programs promoting the use of legal software through posters, educational programs and seminars in software assets management.

V. Local Autonomous Authorities

The administrative authority for anti-counterfeiting is entrusted to the head of each local autonomous government by the KIPO Commissioner.

According to KIPO's guidelines, local autonomous governments can jointly conducting initial administrative investigations with the prosecution, the police and KIPO, as well as promoting customer awareness related to anti-counterfeiting in their respective territorial jurisdictions.

WHAT THE U.S. GOVERNMENT CAN DO IN IPR INFRINGEMENT CASES

Many companies, particularly SMEs, which discover that their products are being infringed in Korea contact the U.S. Embassy in Korea or the Department of Commerce in Washington for assistance. Because intellectual property rights are private rights, the U.S. government can provide only limited direct assistance. In many cases, the U.S. government can provide companies with information to aid in navigating Korea's legal system, including lists of local investigative firms and attorneys, and share experiences and expertise in Korea. However, the government cannot provide American companies with legal advice or advocate on a company's behalf when a matter is before a court or administrative agency.

When a company encounters blatant infringement of its IPR, the right holder should hire local counsel and pursue a preliminary investigation themselves or through a contracted professional firm, keeping in mind that U.S. companies should ensure compliance with Korean law. Once the initial investigation is complete, the company should determine whether it is worth pursuing further action, especially considering possible costs. Rights holders have the option to initiate actions or seek redress through either the judicial or administrative systems.

Once a company decides to pursue a remedy, the U.S. government will monitor the case, if requested to do so by the company. The Department of Commerce maintains a database of IPR disputes which U.S. companies bring to government's attention. The U.S. government cannot intervene in these cases. However, the government can inquire about their status or contact Korean government officials about concerns related to the effective administration of legal remedies available to IP holders as a general matter. As with other types of commercial disputes, U.S. government efforts to assist with IPR disputes are aimed at achieving a fair and timely resolution in accordance with international commitments and Korean laws, and in advancing adequate legal and judicial protection for all parties.

Click "here" for links to U.S. government agencies dealing with IPR.

"STOP!" (STRATEGY TARGETING ORGANIZED PIRACY) PROGRAM

The "STOP!" Strategy Targeting Organized Piracy program is a U.S. government-wide effort that works with like-minded countries to halt the worldwide trade in bogus goods. The growing trade in counterfeit goods—estimated by Interpol to be over seven percent of total global trade—threatens the United States and other innovative nations throughout the world, especially cutting into the competitiveness of small manufacturers and their workers.

The Korean government has agreed to work closely with the United States through STOP! to identify and dismantle illegal networks that traffic in bogus goods and to assist business in securing and enforcing their rights in overseas markets.

For further information on "STOP!", go to http://www.stopfakes.gov or http://www.uspto.gov/main/profiles/stopfakes.htm.