The revisions to the Korean Patent Act, Trademark Act, and Design Protection Act, enacted on January 21, 2025, will take effect on July 22, 2025.
Below is a summary of the key revisions.
▪ Inclusion of “Exporting” as an Act of Infringing a Patented Invention
Under the current Patent Act, only acts of manufacturing, using, assigning, leasing, or importing a patented product, or offering to assign or lease a patented product (including displaying the product for the purpose of assignment or lease) are prescribed as acts of working the patented invention.
However, the revised Patent Act adds "exporting” to such acts, meaning that exporting a product that infringes a patent without the authorization of the patent holder now constitutes patent infringement. As a result, patent holders can seek injunctions, damages, and criminal penalties for patent infringement, against parties exporting infringing products.
This revision is expected to provide broader protection for patent holders.
▪ New Limitations on Patent Term Extension for Pharmaceutical Patents
Under the current Patent Act, there is no cap on the total remaining patent term with a patent term extension (PTE) allowed for up to 5 years based on drug marketing approval, and PTE is available for multiple patents based on a single approval.
However, according to the revised Patent Act, (1) the total remaining patent term with PTE based on marketing approval cannot exceed 14 years from the approval date, and (2) the number of patents eligible for PTE based on a single marketing approval is limited to one.
These changes align the approval-based PTE system in Korea with international standards, such as those in the United States and Europe.
▪ Increase in Punitive Damages for Trademark or Design Infringement Up to Quintuple
The revised Trademark Act and Design Protection Act raises the statutory cap on punitive damages from three times to five times the actual damages, allowing courts to award up to quintuple damages in cases of willful infringement. This change is anticipated to further strengthen the effective relief for right holders and enhance the deterrent effect against infringement. Furthermore, together with the fivefold damages already adopted under the Patent Act and the Unfair Competition Prevention and Trade Secret Protection Act, the increased punitive damages for trademark or design infringement can further reinforce the protection of intellectual property rights. This change is seen as a step toward deterring willful infringement and establishing an institutional foundation that aligns with international standards.
▪ Shortened Trademark Opposition Period
In the past, third parties could file an opposition within two months from the publication date of a trademark application. However, under the revised Trademark Act, this period has been shortened to 30 days. As a result, trademark applicants can complete the registration process more quickly and secure their rights at an earlier stage.
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