KIPO-Korea Fair Trade Commission Joint Response to Eradicate Technology Theft

The Korean Intellectual Property Office (KIPO) and the Fair Trade Commission (hereinafter referred to as the FTC) are joining forces to jointly respond to eradicate technology theft.

On the 5th, KIPO announced that it signed a memorandum of understanding (MOU) with the FTC to "strengthen investigation and enforcement capabilities and promote cooperation in the fields of technology theft and intellectual property rights."

The agreement is based on cooperation between the two agencies in monitoring technology theft and correcting false labeling and advertising related to intellectual property rights.

According to the MOU, the FTC will receive technical judgment support from KIPO’s technical experts during investigations of technology theft cases.

When the FTC requests support, KIPO will assess technical materials in terms of non-disclosure, confidentiality management, and technical identity from an expert perspective through its Technology Police Division, and submit these assessments as opinion reports.

This is expected to further strengthen investigative capabilities by adding KIPO patent examiners (including experienced investigators) to the existing Technical Review Advisory Committee, which the FTC has operated with a pool of private experts to judge technology leaks and related issues.

Furthermore, in the future, if a business operator does not voluntarily correct false labeling during the process of receiving reports or conducting planned investigations related to intellectual property rights, the FTC may take over the case through mutual consultation and impose appropriate sanctions such as fines.

Additionally, the MOU includes provisions that when either agency receives a damage report, the other agency can be guided to provide more effective victim relief from the initial consultation stage if it is deemed more appropriate to investigate, investigate, or support the victim based on the content of the report.

This means that even if the agency that first received the report is not the one taking action, the other agency can take appropriate measures if there is a more effective relief plan prioritizing the victim.

For example, KIPO explained that it can provide criminal remedies, administrative investigations under the Unfair Competition Prevention Act, and trade secret protection support projects, while the FTC has advantages in handling administrative investigations and dispute mediation systems under the Subcontracting Act.

Lee In-sil, Commissioner of KIPO, said, “Taking this MOU with the FTC as an opportunity, KIPO will strengthen inter-agency cooperation in investigations and inquiries to effectively remedy corporate damages caused by technology theft.”

Han Ki-jung, Chairman of the FTC, said, “In the era of the 4th Industrial Revolution, where technology is the core of corporate competitiveness, we will strive to guarantee the rightful value of companies’ technological innovations and establish fair market principles.”