Computer software can be protected through three principal avenues of intellectual property protection in Korea: patents, trade secret, and under the Copyright Act.

Patents protect the implementation of concepts and are available for some computer software-related inventions (see “II. Patents of Invention” – Filing). Copyright protection protects the mode of expression and is available for all original computer program works. Trade secret protection is available under the Unfair Competition Prevention Law.

See “II. Patents of Invention“.

A trade secret is defined in the Unfair Competition Prevention Law as a production method, marketing method, or other technical or business information useful for business activities which is not publicly known and has independent economic value and is managed as a secret. Computer software which is not publicly known can qualify for trade secret protection. If software is for limited distribution or internal use, protection can be achieved through confidentiality agreements and the like. Remedies available for trade secret infringement are similar to those available for patent infringement.

(A) LEGAL BASIS
– Copyright Act, as amended several times, last amended on August 8, 2023 (effective from February 9, 2024).

(B) MEMBERSHIP IN INTERNATIONAL CONVENTIONS
– Geneva Convention for the Protection of Literary and Artistic Works (1952), last revised in Paris, 1971.
– Berne Convention for the Protection of Literary and Artistic Works (1886), last revised in Paris, 1971.
– WIPO Performances and Phonograms Treaty (WPPT), since March 18, 2009.

(C) CONDITIONS OF SOFTWARE COPYRIGHT PROTECTION
Filing: no filing or registration is required in Korea to obtain protection. However, registration of the date of creation or publication is advisable with a view to easily proving the date of creation or publication in an infringement case, because the date of creation is presumed where software is registered within one year from the date of creation. But, in case of lapse of one year from the date of creation, registration may be permitted, but presumption of the date of creation is not recognized.

Right to protection: belongs to the author of the computer software, his assignee and the owner of the right of publication of the computer software.

Employee’s creations: the authorship of a program which has been created by an employee in execution of his function as employee and which has been released in the name of the employer is attributed to the employer unless otherwise agreed upon.

Foreigners: a foreign owner of computer software is entitled to the same benefit under the law as nationals if the software was first published in Korea or if the above-mentioned conventions apply.

Territory: the whole territory of the Republic of Korea.

(D) EFFECTS OF COPYRIGHT PROTECTION
Duration: fifty years from the date of publication of the software. From July 1, 2013, seventy years from the date of the death of an author.

Assignment: possible without fulfilling any formality. However, registration of the assignment will safeguard the rights of the assignee in case of double assignment.

Duplication: the owner of a copy of the software has the right to make a duplicate of the software to the extent necessary for the use thereof with his computer.

Sanction of an illegal duplication online: an order of suspension of an account of a transmitter of an illegal duplication and an order of suspension of service to bulletin board on which an illegal duplication is distributed may be made to a provider of online services, and corrective action regarding transmission of an illegal duplication may be recommended to a provider of online services.

Infringement: unauthorized copying of computer software constitutes an infringement of the copyright of the computer software. Infringers are subject to civil and criminal penalties. From March 15, 2012, a copyright owner may request statutory damages within 10 million won (or 50 million won in case of an intentional infringement for profit) instead of actual damages for the infringement.