SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Chulgun Lim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
11.2 Timeframes for Appealing Trial Court Decisions The deadline to appeal a trial court decision is within two weeks from the date the written decision is deliv - ered. However, an appeal can be made before the decision is delivered. The average processing time for cases at the IP High Court is about six months to a year, although this time - frame has been continuously increasing. The Seoul Administrative Court recently ruled that AI cannot be recognised as an inventor in a patent application. There are no explicit regulations or court precedents on whether works by AI or animals are copyrightable. The KCC does not recognise AI outputs that lack human creative contribution as “works” under the CA (see 3.3 Copyright Authorship ). A bill to amend the CA, incorporating the following key elements, has recently been introduced in the National Assembly, and legislative amendment is expected in the near future: 12. Additional Considerations 12.1 Emerging Issues
• deeming as copyright infringement the commer - cial operation of a website that provides links to unauthorised reproductions of copyrighted works, or the posting of such links, where the operator has knowledge that the linked content constitutes an unauthorised reproduction; • granting the Ministry of Culture, Sports and Tour - ism emergency authority to order online service providers to block websites related to unauthorised reproductions, without prior deliberation by the Korea Communications Standards Commission; and • introducing punitive damages for wilful copyright infringement, up to quintuple damages. 12.2 Trade Mark and Copyright Use on the Internet When copyright infringement occurs online, the direct infringement is attributable to the end user, so even if the online service was used to facilitate the infringe - ment, the online service providers (OSPs) are exempt from liability under certain conditions. The require - ments for immunity vary depending on the extent of the service, such as whether the OSP is merely con - necting, temporarily storing or archiving, or providing a search service.
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