Kyusung Lee Attorney at Law

Hello,

I am Attorney Kyusung Lee, registered with the Korean Bar Association as a Startup Specialist.

For foreign companies preparing to enter the Korean market, having strong products and services is essential — but so is securing your intellectual property (IP) before you arrive.

The Korean market is highly trend-sensitive and product life cycles are relatively short. Once a brand’s reputation is damaged, recovery is often extremely difficult. In practice, many overseas brands encounter unexpected problems — including trademark squatting, design imitation, and copyright infringement — and seek legal assistance only after substantial harm has already occurred.

This post outlines the essential IP strategies every foreign company should understand before and during their entry into the Korean market.

📌 Trademark Registration: Process & Expected Costs

The most reliable way to protect your brand in Korea is to register your trademark with the Korean Intellectual Property Office (KIPO).

Many overseas brands already hold trademark registrations in their home countries — but trademark rights are strictly territorial. A separate Korean registration is required for enforceable protection.

The Korean trademark application process generally proceeds as follows:

1. Filing the application
2. Formality examination
3. Substantive examination
4. Registration decision
5. Payment of registration fees and acquisition of rights

Examination typically takes around six months, though timelines may vary based on KIPO’s workload.

Government filing fees apply at the time of submission. If a professional representative is engaged, additional service fees will apply.

Because similar or identical marks are often already registered in Korea, a prior art search is strongly recommended before filing. Skipping this step risks rejection or opposition proceedings — leading to delays and increased costs.

📌 How to Respond to Trademark Squatting

In Korea, it is not uncommon for individuals or companies to register a foreign brand’s name after noticing its overseas popularity — a practice commonly known as trademark squatting.

The main legal options for responding include:

• Filing an invalidation action based on prior use
• Claiming a violation of the Unfair Competition Prevention Act
• Initiating cancellation proceedings (non-use cancellation)

However, a brand being well-known abroad does not automatically guarantee success in Korea. The key is demonstrating that the mark had a meaningful level of recognition among Korean consumers at the relevant point in time.

The safest strategy: file trademark applications in Korea as early as possible — even before your market entry plan is finalised.

📌 Why Foreign Companies Are Often Disadvantaged in Design & Copyright Disputes

Design imitation, unauthorised use of product images, and copying of online content are common in Korea’s highly digital marketplace.

Foreign companies may feel justifiably wronged, but several structural factors can place them at a disadvantage:

• Korea follows a strict first-to-file system, giving priority to whoever registers first
• Foreign companies often lack evidence of domestic market presence or brand recognition in Korea
• Without a Korean address or local legal entity, document service and litigation procedures become more complex
• Contracts or licences drafted under foreign legal standards may not align with Korean law

For these reasons, it is important to review your design and copyright registration status at an early stage — and to act swiftly if infringement occurs.

📌 Effective Responses to Online IP Infringement

On major Korean e-commerce platforms — including Coupang, Naver Smart Store, and various online marketplaces — foreign brands frequently encounter:

• Unauthorised use of brand names
• Product images used without permission
• Sales of products with similar or copied designs

While platforms typically offer internal IP complaint or copyright takedown procedures, these steps alone are often insufficient for sustained protection.

More effective legal measures may include:

• Filing criminal complaints for trademark or design infringement
• Pursuing civil claims for damages
• Seeking preliminary injunctions against repeat infringers

Korean online platforms are increasingly responsive to verified IP rights — enabling swift removal of infringing content once legitimate rights are confirmed. However, without registered trademarks, designs, or copyrights, practical enforcement becomes significantly more challenging.

Foreign companies and brands entering the Korean market should prioritise securing and strategically protecting their intellectual property — before focusing on marketing or product rollout.

With the right early-stage measures, many of the disputes that commonly arise during market entry can be prevented entirely.

Contract language in particular can easily give rise to misunderstandings or conflicts. If you require contracts tailored to the Korean legal framework, please feel free to reach out.

Tel: +82 2 6264 7604

kyusungii@gmail.com

I am here to support your entry into the Korean market from a practical legal standpoint — ensuring it is safe, protected, and built on a solid foundation.

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