SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Chulgun Lim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
12. Additional Considerations 12.1 Emerging Issues 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 prec - edents on whether works by AI or animals are copyrightable, but KCC has opined that AI out - put is not copyrightable. 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 infringement, the online service providers (OSPs) are exempt from liability under certain conditions. The requirements for immu - nity vary depending on the extent of the service, such as whether the OSP is merely connecting, temporarily storing or archiving, or providing a search service.
the collegiate panel of the respective district court. The deadline for filing an appeal is within two weeks from the date the written decision has been delivered. The losing party in the first instance court must submit an appeal to such court within that period, stating the identity of the parties and legal counsel (if any), the court’s verdict and the grounds for the appeal. Subse - quently, the respective case records are submit - ted to the responsible appellate court. 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 delivered. 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 timeframe has been continuously increasing.
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