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KASAN Newsletter - August 2026

2026.08.28

​I. Korea Moves to Ease Restoration of Rights Lost Due to Missed Patent Fee Payments​ 

 

Korea is moving to ease the requirements for restoring patent rights that have lapsed due to the failure to pay patent fees on time.

 

On August 20, 2026, the National Assembly passed an amendment to the Korean Patent Act that will relax the requirements for the restoration of patent rights lost as a result of missed fee payments. Amendments to the Utility Model Act and the Design Protection Act reflecting the same approach were also passed.

 

Under the current system, restoration generally requires the applicant or patentee to demonstrate a “justifiable reason” for failing to comply with the relevant time limit, such as circumstances involving a system error or other exceptional situation. A simple mistake or failure in deadline management has generally not been sufficient.

 

Under the amendment, restoration will become available where the failure to comply with the time limit was unintentional. This is expected to allow rights holders to seek restoration in cases involving mistakes or inadvertent errors, subject to the payment of an additional fee and other applicable requirements.

 

The amendment is also part of Korea's broader efforts to align its patent procedures with the Patent Law Treaty (PLT). Further legislative measures are expected, including the introduction of a mechanism for the restoration of priority rights where the 12-month priority period has been missed.

 

The effective date of the amendment and further details, including the amount of any additional fee, remain to be determined.

 

​II. Korea Expands Support for the Protection of K-Brands Overseas​ 

 

The Ministry of Intellectual Property (MOIP) has recently introduced new services aimed at helping Korean companies identify and respond to overseas counterfeiting, imitation and unauthorized trademark registrations at an earlier stage.

 

The new “Fake K-Brand Reporting Center” allows suspected cases of counterfeit products or imitation of Korean brands found overseas to be reported using photographs and location information. After review, relevant cases may be shared with the rights holder and, where appropriate, linked to follow-up measures such as evidence collection and local enforcement.

 

MOIP has also launched the “K-Brand Guardian” service, which analyzes overseas trademark application data and patterns associated with previous bad-faith filings. Companies registered with the service may receive alerts when potentially similar trademark applications are identified overseas.

 

These developments are noteworthy as they provide additional tools for identifying potential infringement and bad-faith trademark filings before a dispute becomes more difficult or costly to resolve. However, these services do not replace the need for timely trademark filings and regular monitoring in key markets.

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