World Intellectual Property Organization

Republic of Korea

Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as last amended by Act No. 10303 of May 17, 2010)

Date of entry into force of original text:March 31, 1981
Date of Text (Enacted):December 31, 1980
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, Undisclosed Information (Trade Secrets)
Notes:
This consolidated version of the Monopoly Regulation and Fair Trade Act contains all the amendments from 1990 up to 2010 (see Articles 10-2(2),55-6(1) for the latest amendments made by Act No. 10303 of May 17, 2010).

The notification by the Republic of Korea to the WTO under article 63.2 of TRIPS states:
'The subject matter of Article 40 of the TRIPS Agreement can be found in the Monopoly Regulation and Fair Trade Act, in Chapter 8 (Restrictions on the Conclusion of Unreasonable International Contracts), Chapter 9 (Enforcement Agency) and Chapter 12 (Exemptions).'

Article 59 states 'This Act shall not apply to any act which is deemed the justifiable exercise of the right under the Copyright Act, the Patent Act, the Utility Model Act, the Design Protection Act or the Trademark Act.'
Articles 43(1) and 62 refers to trade secrets and duty to preserve confidentiality.
Available Texts: 
English

Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as last amended by Act No. 10303 of May 17, 2010) Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as last amended by Act No. 10303 of May 17, 2010), Complete document (pdf) [419 KB]

Related Legislation:
WIPO Lex No.:KR120

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