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National Assembly Legislation

  • Unfair Competition Prevention and Trade Secret Protection Act
    • Competent Ministry : Korean Intellectual Property Office
    • Advance Publication of Legislation : 2021-05-25
    • Opinion Submission Deadline : 2021-06-08
Reasons for Proposal

The current Act stipulates that the Commissioner of the Korean Intellectual Property Office, the Mayor/Do Governor, or the head of a Si/Gun/Gu may issue a recommendation necessary for correction to a person who has committed unfair competition to cease the act, to remove or change the signs, etc. used in the act, to prevent recurrence of the act I the future, or any other things within a specific period not exceeding 30 days and that he/she may announce the details of violations and the recommended  correction unless the person who has committed unfair competition fulfills the recommended correction within the announced period.

However, while unfair competition, such as illegally using information that contains economically valuable technical or business ideas of others for the business benefit of oneself or a third party against its provision purpose or providing the information to others is not eradicated, the administrative authority's sanctions against such violations are limited to recommendations for correction against a person who has committed unfair competition or the public announcement of the facts, so some have pointed out that sanctions should be strengthened to secure their effectiveness to eradicate unfair competition.

Therefore, this amendment aims to contribute to eradicating unfair competition by allowing the Commissioner of the Korean Intellectual Property Office to order correction in the case where the recommendations for correction have not been fulfilled even though the details of violations by a person who has committed unfair competition and recommendations for correction have been announced (Article 8 (3) and Article 20 (1) 1-2 newly inserted).


Major Provisions

Article 8

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