Lee International

In a landmark decision, the Korean Intellectual Property High Court has ruled for the first time that posting a patented product for sale on a global e-commerce platform can constitute a patent infringement under Korean law.

On May 22, 2025, the IP High Court ruled in favor of the plaintiff (patentee), an Italian company, in a patent infringement injunction action (Case No. 2023 Na 10693) filed against a Chinese company.  The Court found that the defendant’s conduct amounted to patent infringement.  The plaintiff owned a Korean patent for a sock knitting machine, while the defendant had manufactured similar machines in China and advertised and sold them through Chinese e-commerce platforms and its own website hosted on a Chinese server.  The plaintiff argued that the defendant’s products fell within the scope of its patented invention and that the defendant’s online posting and sales activities constituted an “offer for sale,” one of the acts exploiting a patented invention, under the Korean Patent Act.  The key issues before the Court included: (i) whether Korean courts had international jurisdiction over the dispute; (ii) what the governing law should be; and (iii) whether posting a product on a global e-commerce platform could be considered an act of infringing a Korean patent right.

First, the IP Hight Court held that, under Articles 2(1) and 39(1) of the Korean Private International Act, Korean courts have international jurisdiction over the subject case.  Article 2(1) provides that Korean courts shall have jurisdiction if the parties or the dispute in question have a substantial connection with the Republic of Korea.  Article 39(1) further stipulates that an action concerning intellectual property infringement may be brought before a Korean court in the following circumstances: (ii) where the result of the infringement occurs in Korea; or (iii) where the infringing act is targeted at Korea.  Relying on Articles 39(1)(ii) and 39(1)(iii), the Court determined that the dispute in this case bore a substantial connection to Korea, thus satisfying the jurisdictional requirements.  Furthermore, pursuant to Article 40 of the Private International Act, which provides that the protection of intellectual property rights shall be governed by the law of the place where the infringement occurred, the Court held that the Korean law was the governing law applicable to the dispute.

With respect to the act of posting products on global e-commerce platforms, the IP High Court held that, although the defendant had advertised and sold their products through Chinese e-commerce platforms and its own website hosted on a server located in China, such activities effectively constituted sales solicitation directly toward Korean consumers.  Accordingly, the Court found that these activities amounted to an “offer for sale,” one of the acts of working a patented invention under the Korean Patent Act, thereby infringing the plaintiff’s patent right.  As a result, the Court granted the plaintiff’s request for an injunction.  In determining whether the defendant’s activities constituted an infringement of the Korean patent right, the IP High Court comprehensively considered several factors, including: i) whether the websites provided product information in the Korean language; ii) whether ordering and delivery within Korea are available; iii) whether payment in Korean currency (KRW) was accepted; and iv) whether the websites offered inquiry channels or customer chat services specifically for Korean consumers in connection with product purchases.

This ruling is significant as it reflects the current reality of cross-border online commerce, where digital transactions frequently transcend national boundaries.  The decision establishes a practical legal standard for the protection of intellectual property rights and the management of dispute risks in the global online trading environment.  Furthermore, for foreign companies seeking to sell or market products in the Korean market, the ruling underscores the strategic importance of securing Korean patent protection.  Doing so is increasingly essential not only to counter competitors’ online sales but also mitigate potential legal and business risks arising from cross-border e-commerce operations.