Starting July 22, 2025, a significant amendment to the Korean Patent Act will take effect, explicitly adding “export” to the definition of “patent exploitation.” This single-line addition is expected to be a pivotal turning point, resolving the legal blind spot where patent holders previously struggled to enforce their rights against infringement.
1. Previous Cases
Under the existing Korean Patent Act, “patent exploitation” included production, use, transfer, and import, but did not include “export.” As a result, even if a patent-infringing product was made in Korea, patent holders often found it difficult to take direct action if the product was entirely exported overseas without being sold on the domestic market.
[Case Study]
- Company A holds a patent on a device.
- Company B manufactures the device domestically by copying the patented technology.
- However, the product is not distributed within the domestic market and is entirely exported overseas.
Previously, patent holders were limited to using the following alternative strategies in such cases:
1) Claiming infringement based on domestic manufacturing: Even when claiming infringement based on domestic production, it was difficult to gather evidence.
2) Attempting to apply other laws: Indirect administrative actions could be taken against infringing products under the Act on the Prevention of Unfair Trade Practices and Relief of Industrial Damage or the Customs Act. However, these procedures were complex and time-consuming, and the actions were often limited to corrective recommendations or customs clearance suspensions. Civil remedies like injunctions and claims for damages were difficult to obtain. Also, because patents require highly technical judgments, it was often difficult for customs authorities or the trade commission to intervene actively.
2. Compliance Requirements for Companies Following the Amendment
The revised Patent Act, announced on January 21, 2025, will take effect on July 22 after a six-month grace period. This amendment clearly defines “export” as a patent infringing act, allowing patent holders to enforce their rights over exported products. Accordingly, companies need to prepare for the following changes.
1) Review your patent portfolio: Secure domestic patents that cover your export-oriented products and review their scope of rights.
2) Re-examine license agreements: To prevent potential disputes, specify whether “export” is included in the licensed activities when granting technology usage rights.
3) Prepare a system for customs enforcement: Register your patent rights with customs authorities and get ready to request customs clearance interceptions.
Now, patents can also cross borders. This amendment restores patent holders’ effective enforcement capabilities, so companies should prepare for the updated legal framework and use these changes strategically
By Ilhyo Suh
Patent Attorney, BLT Patent & law Firm: www.en.blt.kr
#PatentLaw #IntellectualProperty #PatentProtection #PatentStrategy #KoreanPatentLaw #LegalUpdate #IPLaw #PatentRights #ExportCompliance #InternationalTrade #InnovationProtection #BusinessLaw #PatentEnforcement #TechnologyLaw #GlobalBusiness
Starting July 22, 2025, a significant amendment to the Korean Patent Act will take effect, explicitly adding “export” to the definition of “patent exploitation.” This single-line addition is expected to be a pivotal turning point, resolving the legal blind spot where patent holders previously struggled to enforce their rights against infringement.
1. Previous Cases
Under the existing Korean Patent Act, “patent exploitation” included production, use, transfer, and import, but did not include “export.” As a result, even if a patent-infringing product was made in Korea, patent holders often found it difficult to take direct action if the product was entirely exported overseas without being sold on the domestic market.
[Case Study]
Previously, patent holders were limited to using the following alternative strategies in such cases:
1) Claiming infringement based on domestic manufacturing: Even when claiming infringement based on domestic production, it was difficult to gather evidence.
2) Attempting to apply other laws: Indirect administrative actions could be taken against infringing products under the Act on the Prevention of Unfair Trade Practices and Relief of Industrial Damage or the Customs Act. However, these procedures were complex and time-consuming, and the actions were often limited to corrective recommendations or customs clearance suspensions. Civil remedies like injunctions and claims for damages were difficult to obtain. Also, because patents require highly technical judgments, it was often difficult for customs authorities or the trade commission to intervene actively.
2. Compliance Requirements for Companies Following the Amendment
The revised Patent Act, announced on January 21, 2025, will take effect on July 22 after a six-month grace period. This amendment clearly defines “export” as a patent infringing act, allowing patent holders to enforce their rights over exported products. Accordingly, companies need to prepare for the following changes.
1) Review your patent portfolio: Secure domestic patents that cover your export-oriented products and review their scope of rights.
2) Re-examine license agreements: To prevent potential disputes, specify whether “export” is included in the licensed activities when granting technology usage rights.
3) Prepare a system for customs enforcement: Register your patent rights with customs authorities and get ready to request customs clearance interceptions.
Now, patents can also cross borders. This amendment restores patent holders’ effective enforcement capabilities, so companies should prepare for the updated legal framework and use these changes strategically
By Ilhyo Suh
Patent Attorney, BLT Patent & law Firm: www.en.blt.kr
#PatentLaw #IntellectualProperty #PatentProtection #PatentStrategy #KoreanPatentLaw #LegalUpdate #IPLaw #PatentRights #ExportCompliance #InternationalTrade #InnovationProtection #BusinessLaw #PatentEnforcement #TechnologyLaw #GlobalBusiness