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Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 10303 of May 17, 2010), Republic of Korea

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Year of Version 2010 Dates Entry into force: March 31, 1981 Adopted: December 31, 1980 Type of Text IP-related Laws Subject Matter Trade Names, 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 Main text(s) Main text(s) English Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 10303 of May 17, 2010) PDF HTML
Legislation Supersedes (1 text(s)) Supersedes (1 text(s))
Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 5235 of December 30, 1996)(KR024)
Is superseded by (1 text(s)) Is superseded by (1 text(s))
Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 11937 of July 16, 2013) (KR146)


WIPO Lex No. KR120