Lee International

Alternative dispute resolution methods including arbitration, mediation and settlement offer avenues for resolving IP-related disputes outside of traditional court proceedings.  Mediation, for instance, employs a neutral third party, a mediator, who independently proposes compromise solutions to the involved parties, encouraging them to reach agreements.  Unlike arbitration, these proposed compromises in mediation lack legal enforceability, and unlike settlement, mediation involves the active participation of the mediator.  Civil mediation, a specific form, involves court intervention.  Once a dispute is resolved through civil mediation and a mediation protocol is drafted, it holds equivalent legal weight to a court’s final decision.

The Korean Intellectual Property Office (KIPO) established the IP Dispute Resolution Committee in 1995 to facilitate swift and cost-effective resolution of disputes pertaining to IP rights (patents, trademarks, designs and utility models), employee inventions, trade secrets, acts of unfair competition, and the like.  Unless under special circumstances, mediation procedures before the IP Dispute Resolution Committee are typically concluded within approximately two months.  In addition, the mediation processes are conducted in private and do not incur any fees.  Therefore, there has been a gradual increase in number of mediation applications filed by small and medium enterprises and individuals.  Notably, in 2023, the number of mediation applications reached 159, marking the highest feature since the establishment of the IP Dispute Resolution Committee and more than doubling the number of mediation applications filed in 2022 (76 cases).  

Furthermore, the Seoul Central District Court has entered into a partnership with KIPO, designating the IP Dispute Resolution Committee as a specialized mediation organization for mediating IP-related disputes.  Since January 2023, civil mediation has been underway, aiming to address such disputes effectively.  Similarly, the Suwon District Court, known for its significant caseload of IP-related matters, has also collaborated with KIPO under a similar agreement, commencing civil mediation procedures from January 2024.

This development underscores the growing significance of the IP Dispute Resolution Committee as a primary avenue for resolving IP-related disputes.