SOUTH KOREA Trends and Developments Contributed by: Hwansung Park, Eunwoo (Vera) Lee, Hankil D. Kang and Jung Heo, Lee & Ko
Introduction The intellectual property (IP) landscape in Korea is undergoing a fundamental transformation, driven by an empowered administrative body, comprehensive legislative reforms, expanded evidence-gathering mechanisms, and court precedents that proactively protect domestic rights. In 2025, total IP applications in Korea reached 582,005, a 3.8% increase from the previous year, with applications by foreigners rising by 4.8% to 89,277. Notably, patent filings in ICT (including AI and quan- tum technology) and battery manufacturing saw the highest growth, surging by 21.1% and 14.4%, respec- tively. This underscores Korea’s continued status as a critical market for securing technology, brand, and content rights. However, the core of Korea’s current IP environment lies not just in the increased volume of IP registra- tions, but in a shift toward a dispute-centric regulatory framework prioritised by the government. This guide provides an overview of the changes in administrative and regulatory environments, legislative trends, and evolving judicial attitudes, offering a forward-looking perspective on Korea’s IP landscape. Changes in the Regulatory Environment The Launch of MOIP Effective 1 October 2025, the Korean Intellectual Property Office was elevated to the Ministry of Intel- lectual Property (MOIP), a ministerial-level agency under the prime minister, officially established to oversee national IP policy. Concurrently, MOIP under- went an organisational restructuring to strengthen its core functions, most notably the establishment of the Intellectual Property Dispute Response Bureau. This bureau elevates duties previously managed at the divi- sion level to a bureau-wide scope, providing national- level support for rapid response in IP disputes. The launch of MOIP signifies more than a mere rebranding; it signals a government-wide commitment to the integrated management of IP creation, protec- tion, and utilisation. MOIP has increasingly strength- ened non-civil enforcement channels by expanding its special judicial police units for trade marks, tech- nology/design, and unfair competition. Over the past
five years, these units have investigated 150 to 200 infringement cases annually, and in 2025 alone, the retail value of counterfeit goods seized by the trade mark police exceeded KRW400 billion. This indicates that IP risk in Korea is no longer confined to the realm of after-the-fact civil litigation. Application and examination practices are also rapidly advancing. MOIP is pursuing accession to the Patent Law Treaty (PLT) by 2029 to bolster overseas protec- tion of national strategic technologies and streamline patent procedural requirements. Once realised, this will allow patent applications to be filed in any lan- guage, significantly reducing procedural burdens for foreign applicants regarding language requirements, signature and certification procedures, and rights res- toration systems. Additionally, since December 2025, MOIP has oper- ated an AI-based design search system trained on approximately 520,000 data points and launched a pilot programme in early 2026 for AI-based patent text searching that understands context and mean- ing. However, despite these administrative advance- ments, examination criteria for AI-related inventions have become more rigorous, with higher demands for specific technical configurations and effects. Conse- quently, for filings in fields such as generative AI and biotechnology, detailed specifications and evidentiary data support are becoming increasingly critical. Amendments to intellectual property laws The National Assembly has introduced new provi- sions or amended key clauses in the Trademark Act, Design Protection Act, Patent Act, Utility Model Act, Copyright Act, and Act on Prevention of Unfair Com- petition and Protection of Trade Secrets (UCPA). Most amendments have taken effect, except for the UCPA (effective 28 May 2026) and certain Copyright Act pro- visions (effective 11 August 2026). Trademark Act Direct consumer purchases of overseas counterfeits via the internet have grown, creating uncertainty over whether foreign suppliers’ shipments through online markets count as “trade mark use” in Korea. This prompted calls from the legal community for clearer rules to combat such imports. The amended Trade-
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