World Intellectual Property Organization

Republic of Korea

Criminal Procedure Act (Law No. 341 of September 23, 1954, as last amended by Law No. 9765 of June 6, 2009)

Date of entry into force of original text:May 30, 1954
Date of Text (Enacted):September 23, 1954
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, Industrial Designs, IP Regulatory Body, Patents (Inventions), Trademarks, Undisclosed Information (Trade Secrets), Utility Models
Notes:
The notification by the Republic of Korea to the WTO under Article 63.2 of TRIPS states:
'The Criminal Procedure Act, also known as the Criminal Procedure Code implements the measures required by the TRIPS Agreement in relation to criminal procedures.'

This consolidated version of the Criminal Procedure Act incorporates all the amendments from 1961 up to 2009.
Article 112 stipulates, among others, that a patent attorney may resist seizure of articles in his custody or possession in consequence of the mandate received in the course of his profession and which relates to secrets of other persons.
Article 149 states that a patent attorney may refuse to testify in relation to secrets he receives in the course of his profession.
Article 420(6) provides for the reopening of the procedure involving an offense of intellectual property infringement made for the benefit of a person against whom a judgment of “guilty” has become finally binding.
Available Texts: 
English

Criminal Procedure Act (Law No. 341 of September 23, 1954, as last amended by Law No. 9765 of June 6, 2009) Criminal Procedure Act (Law No. 341 of September 23, 1954, as last amended by Law No. 9765 of June 6, 2009), Complete document (pdf) [617 KB]

Related Legislation:
WIPO Lex No.:KR115

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