What Can a Foreign Creator Do If Their Copyright or Design Rights Are Infringed in Korea?

If foreign creators discover that their intellectual property—such as artworks, a fashion design—has been copied and exhibited or sold in South Korea without permission, they have several legal options to protect their rights:

1. Copyright Protection

• Under the Berne Convention, copyright protection is automatic in Korea for works created by foreign nationals from member countries.

• Formal registration with the Korea Copyright Commission (KCC) is not required but highly recommended. It strengthens enforcement and allows access to statutory damages.

• The creator can send a cease-and-desist(notice and takedown) letter to the infringer, demanding they stop the unauthorized use.

• If the infringement continues, the creator may file a civil lawsuit for damages or an injunction to stop further use.

• In serious cases, criminal penalties may apply, including fines or imprisonment.

  
  

2. Design Rights Protection

• If the fashion design qualifies as a registered design, the creator can enforce their rights under the Korean Design Protection Act.

• Foreign creators can register their designs in Korea through the Hague System or directly with the Korean Intellectual Property Office (KIPO).

• Once registered, they can take legal action against infringers, including seeking compensation and banning further sales.

  
  

3. Legal Representation

• Because legal procedures and documents must be in Korean, it’s advisable to work with a local IP law firm or a patent lawyer who specialize in helping foreign creators navigate Korean copyright and design law and filing a lawsuit on behalf of foreign creators.

  
  

4. Evidence Collection

• Gather proof of original creation, registration (if applicable), and evidence of infringement (photos, sales records, exhibition details) and details of potential infringer.

• This documentation is crucial for any legal action.

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