On September 16, 2020, a Korean Patent Act amendment bill passed the Trade, Industry, Energy, SMEs, and Startups Committee of the Korean National Assembly. The amendment bill intends to change patent infringement from a criminal offense subject to a complaint to an offense indictable without a complaint.

Currently, a person who has infringed a patent right or an exclusive license may be criminally prosecuted and subject to imprisonment for up to seven years or be fined of up to 100 million Korean Won (approx. USD 85,000).  To this end, the current law requires that the patentee or exclusive licensee files a criminal complaint.

The criminal complaint requirement has been criticized, for example, by the Special Judicial Police Officials (“SJPO”), as hindering adequate protection of technology. The Korean Intellectual Property Office has made efforts to protect technology through use of the SJPO. However, it has been noted that such measures are ineffective if there is no criminal complaint from the victim.

According to the amendment bill, the act of infringement against a patent would be changed from a criminal offense subject to a complaint to an offense indictable without a complaint. However, the crime could not be prosecuted if the patentee or exclusive licensee expresses his or her intention that the offender shall not be punished.

If the bill passes the Plenary Session of the National Assembly and is enacted, then a criminal complaint will not be required for criminal prosecution against a patent infringer.  The activities of the SJPO will also be more efficient.