The current intellectual property laws of South Korea include: Patent Law, Utility Model Law, Design Law, Trademark Law, Copyright Law (including computer program works), Semiconductor Integrated Circuit Layout Design Law, Law on Preventing Unfair Competition and Protecting Trade Secrets, Seed Industry Law and Customs Law.

　　The laws, regulations and relevant institutions of intellectual property in South Korea include:

　　Korea Franchise Hall

　　The Korean Concession Office is the most important administrative agency in the field of intellectual property in South Korea. Its main functions include: the examination and registration of patents, utility models, designs and trademarks, the formulation of policies to protect trade secrets, the registration of layout designs for semiconductor integrated circuits, the management of domestic and foreign intellectual property information and documents, the publicity of intellectual property, the encouragement of creative and innovative activities, international cooperation in the field of intellectual property Human resources development in the field of intellectual property.

　　Korean Copyright Commission

　　The Korean Copyright Commission is responsible for the specific implementation of copyright (including computer software) registration and other protection matters.

　　Korea National Seed Academy

　　The Korean National Seed Academy is responsible for the registration, examination and protection of new plant varieties.

　　Charter Court and High Court

　　South Korea's court system involving intellectual property cases mainly has two branches: the Chartered Court and the High Court.

　　If you are not satisfied with the trial results of the chartered court and the high court, you can appeal to the big court, which will carry out the final trial of the Supreme Court.

　　Response to intellectual property risk

　　Handling of warning letter

　　First, confirm whether the subject is qualified, whether the sender is the patentee, exclusive licensee or its agent, whether the notification elements meet the requirements, and whether the warning letter indicates the patent number, infringing products and reasons for infringement.

　　Secondly, we need to know the patentee's demands, such as stopping infringement, claiming compensation, and the time limit for replying to the letter. Verify whether the patent rights written in the warning letter are valid, and compare the infringing products and patent rights to confirm whether the reasons for infringement in the letter are valid.

　　If the reasons put forward are valid, it is necessary to analyze the compensation information in the letter, understand the attitude and intention of the sender, and formulate corresponding coping strategies. If it is confirmed that there is no infringement, the other party shall be informed of the fact that there is no infringement, and a legal opinion on no infringement shall be provided.

　　Handling after being sued

　　After being sued, the intellectual property rights of the products suspected of infringement shall be investigated first.

　　Different from other countries, in principle, the Korean patent invalidation strategy is not a defense to patent infringement litigation. However, the validity of a patent can be challenged by a separate invalidation procedure in a chartered court. If the court finds that the authorized patent lacks novelty or creativity, the court can directly deny the exercise of the patent right and reject the infringement lawsuit without ruling that the patent right is invalid.

　　Non infringement defense includes providing written opinions issued by agents with relevant technical background or experts in various fields, which can strengthen the above argument. Therefore, before or after initiating an infringement lawsuit, a trial to determine the scope of the claims can be filed with a chartered court to determine whether the product or method belongs to the scope of the patent. At the same time, the court can also be requested to suspend the infringement proceedings until the special court makes a decision on the scope of rights.

　　In order to take the initiative in the litigation, the original materials such as manuals, electronic documents and internal emails related to the products involved should be properly preserved. Keep evidence materials such as lawyer's letters, exchanged mails and data messages.

　　The enterprise shall actively communicate with the other party or its Chinese agents, distributors, affiliated companies and other institutions to understand the starting point and purpose of the other party's behavior. It may also consider introducing customers, relevant government departments, industry associations, etc. for third-party mediation.

　　Once the litigation response is determined, the litigation response team should be established as soon as possible, which should include Chinese lawyers, Korean lawyers, enterprise decision makers, enterprise R&D personnel and enterprise intellectual property legal personnel. The response team shall cooperate closely and collect the following evidences comprehensively through multiple channels: proof materials of intellectual property rights, relevant product research and development records, materials proving that the source of technical information related to relevant products is legal, intellectual property analysis report issued by a third party, intellectual property rules and regulations, etc.