Intellectual property in South Korea

Having an Australian trade mark, patent, design right, or plant breeder’s right (PBR) doesn't secure protection in South Korea (Republic of Korea). Here's how you can protect your IP in South Korea.

If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.

Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.

What types of IP can you register?

In South Korea, you can protect your IP with a trade mark, patent, design right or PBR.

What to consider

Before applying, make sure you:

  1. Understand what's considered a trade mark in South Korea and if your trade mark is eligible for protection.
  2. Consider whether you should apply for a trade mark in Australia first.
  3. Know the cost of applying for a trademark in South Korea and through the Madrid System.
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in South Korea. An IP professional can help you with this. 

How to apply

There are two ways to apply for a trade mark in South Korea:

  1. Through the Korean Intellectual Property Office (KIPO)
  2. Through the Madrid System. Be sure to designate the Republic of Korea.

Apply via KIPO  Apply via the Madrid System

What to consider

Before applying, make sure you:

  1. Understand what's considered a patent in South Korea and if your idea is eligible for protection.
  2. Consider whether you should apply for a patent in Australia first.
  3. Know the cost of applying for a patent in South Korea. 
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been protected in South Korea. An IP professional can help you with this. 
  5. Know about specific filing requirements. For example, you'll need to provide a Korean translation of your application documents.

How to apply

There are two ways to apply for a patent in South Korea:

  1. Through the Korean Intellectual Property Office (KIPO).
  • If you have a provisional application, you'll need to file within 12 months to secure your priority date.
  1. Through the Patent Cooperation Treaty (PCT).
  • If you have an international application, you can apply to KIPO and convert your application into a Korean patent application. This is called 'entering the national phase'.

You may also be entitled to fast track examination under the Global Patent Prosecution Highway.

Apply via KIPO  Apply via the PCT

What to consider

Before applying, make sure you:

  1. Understand what's considered a design right in South Korea and if your design is eligible for protection.
  2. Consider whether you should file your design right application in Australia first.
  3. Know the cost of registering a design right in South Korea.
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design hasn't already been published in South Korea. An IP professional can help you with this. 

How to apply

To register a design right in South Korea, apply directly to the Korean Intellectual Property Office (KIPO)

Apply via KIPO

What to consider

Before applying, make sure you:

  1. Understand what's considered a PBR in South Korea and if your plant variety is eligible for protection.
  2. Consider whether you should apply for a PBR in Australia first.
  3. Know the cost of registering a PBR in South Korea.
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been protected in South Korea. An IP professional can help you with this. 

How to apply

To register a PBR in South Korea, apply directly to the Korea Seed and Variety Service.

Apply via the Korea Seed Variety Service

What other IP can you register?

South Korea also administers IP rights for copyright, integrated circuit layouts, geographical indications and utility models.

Copyright

As in Australia, copyright in South Korea arises automatically when creative material is made. However, South Korea also operates a system where copyright can be registered with the Copyright Commission.

Integrated circuit layouts

The Korean Intellectual Property Office (KIPO) is responsible for registering integrated circuit layouts in South Korea.

Geographical indications

In South Korea, geographical indications are protected as a collective mark under the Trademark Act. KIPO is responsible for registering geographical indications in South Korea.

Utility models

A utility model is a patent-like intellectual property right to protect inventions. KIPO is responsible for registering utility models, which share some characteristics of a patent, and may be considered simpler inventions.

What can be protected without registration?

Trade secrets

There's no formal application or registration process for trade secrets in South Korea.

Further guidance

  • To learn more about intellectual property in South Korea, visit the KIPO.
  • To find out more about South Korea's World Intellectual Property Organization (WIPO) membership, check out South Korea's WIPO's member page.
  • If you're considering exporting to South Korea, the Export Council of Australia provides information on licensing, clearances, access to finance and trade agreements.
  • For information about South Korea's export market and economy, you may wish to check Austrade and DFAT's profiles on South Korea.
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