Re-Evaluating Criminal Enforcement of IP Rights in Korea

Abstract This chapter provides a comprehensive overview of the criminal enforcement of Intellectual Property (IP) rights in Korea, tracing the evolution of its IP system from its origins in 1908 to the present. It highlights key legal instruments, including but not limited to, the Patent Act, the Trademark Act, the Copyright Act, and the Unfair Competition Prevention and Trade Secret Protection Act, detailing both civil and criminal remedies available for acts of infringement. The analysis encompasses jurisdictional considerations, delineating responsibilities among the district courts, IP High Courts, and the Intellectual Property Trial and Appeal Board. It examines the remedies potentially available to patentees, including damages, injunctive relief, and restitution for unjust enrichment, as well as the application of criminal sanctions for diverse forms of IP infringement. Recent legislative amendments, such as the increase in the availability of punitive damages for instances of wilful patent infringement, are discussed. The chapter further presents statistical data pertaining to both civil and criminal IP cases in Korea, revealing discernible trends in both prosecution and enforcement. The chapter concludes by addressing existing deficiencies in the penalty provisions of Korean IP laws, with particular reference to copyright and trademark infringements, and suggests a more balanced approach to IP protection, one that duly considers the rights of both creators and users.