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UNFAIR COMPETITION PREVENTION AND TRADE SECRET PROTECTION ACT
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UNFAIR COMPETITION PREVENTION AND TRADE SECRET PROTECTION ACT
UNFAIR COMPETITION PREVENTION AND TRADE SECRET PROTECTION ACT
INTRODUCTION
Details of Enactment and Amendment
- Enactment: This Act was enacted on December 30, 1961 as Act No. 911 (the Unfair Competition Prevention Act), in order to maintain
a healthy order in commercial transactions by preventing commercial competitions of unjust means.
- Amendment: This Act has arrived at its present form as a result of being amended eight times subsequently to its enactment, and
the amendment of December 31, 1998 changed the title of this Act to the Unfair Competition Prevention and Trade Secret Protection
Act.
Main Contents
- The Act prescribes concrete types of the unfairly competitive acts and the acts of infringing on trade secrets.
- A person whose business interests is infringed on or potentially infringed on by an unfairly competitive act or by an act of infringing
on trade secrets may file a claim with a court for prohibition or prevention of such act.
- A person who infringes on another person s business interests and inflicts loss on him through an unfairly competitive act or an
act of infringing on trade secrets, either intentionally or negligently, shall be liable to compensate for such loss.
- A court may order a person who has intentionally or negligently caused another person s business credibility to fall through an
unfairly competitive act or an act of infringing on trade secrets to take a measure necessary for restoring the business credibility
either in lieu of the compensation for loss or in addition to the compensation for loss.
- When a person whose business interests are infringed on through an unfairly competitive act or an act of infringing on trade secrets
claims for compensation, and if the person who has infringed on the business interests has gained through the infringing act, the
amount of the gain shall be presumed to be the amount of loss to the claimant.
- The Commissioner of the Korean Industrial Property Office may recommend to a person who commits an unfairly competitive act, etc.
to suspend or correct the act upon determining a time period not exceeding thirty days.
- Any person who, with intent to gain any unfair profit or to inflict any damage on an enterprise, uses in a foreign country any trade
secrets useful to such an enterprise or, with knowledge that the secrets will be used in a foreign country, divulges them to a third
party, shall be punished by imprisonment for not more than seven years or by a fine equivalent to not less than two times but not
more than ten times the amount of the unfair profit.
- Any person who, with intent to gain any unfair profit or to inflict any damage on an enterprise, divulges any trade secrets useful
to such an enterprise to a third party shall be punished by imprisonment for not more than five years or by a fine equivalent to
not less than two times but not more than ten times the amount of the unfair profit.
UNFAIR COMPETITION PREVENTION AND TRADE SECRET PROTECTION ACT
Wholly Amended by Act No. 3897, Dec. 31, 1986
Amended by Act No. 4478, Dec. 31, 1991
Act No. 5454, Dec. 13, 1997
Act No. 5621, Dec. 31, 1998
Act No. 5814, Feb. 5, 1999
Act No. 6421, Feb. 3, 2001
Act No. 7095, Jan. 20, 2004
Act No. 7289, Dec. 31, 2004
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to maintain the order of sound transactions by preventing unfair competitive acts, such as unjust use of
another person s trademark, trade name, etc., known to the public in Korea, and any act infringing on another person s trade secret.
[This Article Wholly Amended by Act No. 4478, Dec. 31, 1991]
Article 2 (Definitions)
For the purpose of this Act, the definitions of terms shall be as follows: <Amended by Act No. 4478, Dec. 31, 1991; Act No. 6421,
Feb. 3, 2001; Act No. 7095, Jan. 20, 2004>
1.The term unfair competitive act means the act falling under any of the following items:
(a) An act of creating confusion between one s own goods and any other person s goods, by using any one identical with or similar
to a name, trade name, trademark, container or package of goods of the other person, or a mark indicating the other person s goods,
which is known to the public in Korea, or by selling, distributing, importing or exporting goods using any of the above enumerated
manners;
(b) An act of creating confusion with any other person s business facilities or activities by using any one identical with or similar
to the other person s name, trade name, or emblem, or other mark indicating the other person s business which is known to the public
in Korea;
(c) Other than the acts of creating confusion under items (a) and (b), an act of damaging the identity of mark or the fame of any
other person, by using any one identical with or similar to a name, trade name, trademark, or container and package of goods of the
other person, or other mark indicating the other person s goods or business, which is known to the public in Korea, without any justifiable
grounds as prescribed by the Presidential Decree such as non-commercial uses, or by selling, distributing, importing or exporting
goods using any of the above enumerated manners;
(d) An act of misleading the public to understand the place of origin of any goods either by falsely marking that place on any commercial
document or communication, in said goods or any advertisement thereof or in any manner of misleading the general public, or by selling,
distributing, importing or exporting goods bearing such false mark;
(e) An act of making a mark misleading people to understand as if any goods were produced or processed in an area other than that
where said goods are produced, manufactured or processed, on any commercial document or communication, in said goods or any advertisement
thereof, or in any manner of misleading the general public, or an act of selling, distributing, importing or exporting goods bearing
such mark;
(f) An act of assuming any other person s goods, or an act of publicizing any goods or making a mark in any manner of leading the
public to misunderstand their quality, contents, manufacturing process, use, or quantity, in latter goods or advertisement thereof,
or an act of selling, distributing, importing or exporting goods using such method or mark;
(g) An act that any agent or representative of a holder of the right to a trademark registered with any party to the Paris Convention
for the Protection of Industrial Property (hereinafter referred to as the Paris Convention ), with any member state of the World
Trade Organization, or with any signatory state of the Trademark Law Treaty, or to a trademark similar thereto, or any person who
has been an agent or representative of such holder within one year before the date of conducting such act, uses the trademark, without
any justifiable grounds, on the goods identical with or similar to the designated goods of the relevant trademark, or an act that
such agent or representative sells, distributes, exports, or imports the goods using the relevant trademark;
(h) An act of registering, holding, transferring or using the name, firm name, trade mark, mark or other same or similar domain name
of other person that are widely known in the country by any person who holds no justifiable title to do so for any of the following
purposes:
( )The purpose of selling or renting marks including trade marks, etc. to any person who holds a justifiable title thereto or any
third party;
( )The purpose of impeding the registration and use of the domain name by any person who holds the justifiable title therefor; and
( )The purpose of making commercial profits; and
(i)An act of transferring, renting, exhibiting, importing or exporting goods that are manufactured by counterfeiting the form (referring
to the shape, appearance, color and gloss or the combined one of them, including the form of test products and the form in goods
brochure) of goods that are manufactured by other person: Provided, That any of the following acts shall be excluded:
( )An act of transferring, renting or exhibiting, importing or exporting goods that are manufactured by counterfeiting the form of
goods for which 3 years lapse from the date on which the form of the goods, including test products, takes shape; and
( )An act of transferring, renting, exhibiting, importing or exporting goods that are manufactured by counterfeiting the common form
of goods that are identical to goods that are manufactured by other person (in the case where the goods of the same kind are nonexistent,
referring to the goods that are identical or similar to other goods in terms of function and efficiency);
2.The term trade secret means any technical or operational information useful for any production and sale methods and other business
activities, which is not known to the public, has an independent economic value, and has been maintained in secret by considerable
effort;
3.The term act of infringing on trade secret means any of the following acts:
(a) An act of obtaining any trade secret by a larceny, fraud, menace, or other unfair means (hereinafter referred to as an unfair
obtaining act ), or an act of using trade secret so obtained or disclosing it to the public (including an act of informing any specific
person thereof while keeping it undisclosed; hereinafter the same shall apply);
(b) An act of obtaining any trade secret with knowing the fact that any unfair obtaining act was involved, or without knowing such
fact by gross negligence, or an act of using trade secret so obtained or disclosing it to the public;
(c) An act of using any trade secret or disclosing it to the public with knowing the fact that any unfair obtaining act was involved
after obtaining it, or without knowing such fact by gross negligence;
(d) An act that a person who is obliged to keep any trade secret undisclosed owing to any contractual duty or otherwise, uses or discloses
it to the public with the intention to obtain any unfair profit or to inflict any damage on the person holding it;
(e) An act of obtaining any trade secret with knowing the fact that it is disclosed to the public in such manner as provided in item
(d) above or the fact that such disclosing act was involved, or without knowing such fact by gross negligence, or an act of using
said trade secret so obtained or disclosing it to the public; and
(f) An act of using any trade secret or disclosing it to the public with knowing the fact that it is disclosed to the public in such
manner as provided in item (d) or the fact that such disclosing act was involved after obtaining it, or without knowing such fact
by gross negligence; and
4.The term domain name means the figures, letters, signs or the combined ones of them that are equivalent to digitalized addresses
on the Internet.
CHAPTER II PROHIBITION,ETC.OF UNFAIRCOMPETITIVE ACTS
Article 3 (Prohibition of Use of National Flag or Emblem, etc.)
(1)Nothing identical with or similar to the national flag or emblem or other badges of a party to the Paris Convention, a member state
of the World Trade Organization, or a signatory state of the Trademark Law Treaty, or a mark of any international organization, may
be used as trademark: Provided, That this shall not apply in cases where such use is permitted by the state or international organization
concerned. <Amended by Act No. 5621, Dec. 31, 1998; Act No. 6421, Feb. 3, 2001>
(2)Nothing identical with or similar to any mark for a control or certification which is used by the government of a party to the
Paris Convention, a member state of the World Trade Organization, or a signatory state of the Trademark Law Treaty, may be used as
trademark: Provided, That this shall not apply in cases where such use is permitted by the government of the state concerned. <Amended
by Act No. 5621, Dec. 31, 1998; Act No. 6421, Feb. 3, 2001>
Article 4 (Claim for Prohibition of Unfair Competitive Act)
(1)Any person whose business profit is or might be infringed by any unfair competitive act, may file a claim before a court for the
prohibition or prevention of such unfair competitive act against a person committing or attempting to do such act. <Amended by
Act No. 6421, Feb. 3, 2001>
(2)When the person files the claim referred to in paragraph (1), he also may file a claim for the disposal of goods that has caused
the unfair competitive act, the removal of facilities that are used for the unfair competitive act, the cancellation of the registration
of the domain name subject to the unfair competitive act and measures necessary to ban or prevent the unfair competitive act. <Amended
by Act No. 7095, Jan. 20, 2004>
[This Article Wholly Amended by Act No. 4478, Dec. 31, 1991]
Article 5 (Liability for Damages Caused by Unfair Competitive Act)
Any person who infringes on another person s business profit and inflicts any damage on another person by an unfair competitive act
committed intentionally or by negligence, shall be liable to compensate such damage: Provided, That in the case of subparagraph 1
(c) of Article 2, it shall be limited to the unfair competitive acts committed on intent. <Amended by Act No. 6421, Feb. 3, 2001>
[This Article Newly Inserted by Act No. 4478, Dec. 31, 1991]
Article 6 (Restoration of Credit Lost by Unfair Competitive Act)
A court may, upon receiving a claim from a person whose business profit is infringed on by an unfair competitive act, order a person
who has intentionally or negligently downgraded another person s business credit by the unfair competitive act, to take any measures
necessary for restoring the business credit in addition to or in lieu of compensation for damage as prescribed in Article 5: Provided,
That in the case of subparagraph 1 (c) of Article 2, it shall be limited to the unfair competitive acts committed on intent. <Amended
by Act No. 6421, Feb. 3, 2001>
[This Article Newly Inserted by Act No. 4478, Dec. 31, 1991]
Article 7 (Investigation, etc. into Unfair Competitive Act)
(1)Where the Commissioner of the Korean Intellectual Property Office deems it necessary to confirm the unfair competitive acts provided
for in subparagraph 1 (a) through (g) of Article 2 or a violation of the provisions of Article 3, he may have the relevant public
official enter the business facilities or manufacturing facilities to investigate into the documents, books, or products concerned
or collect and examine the minimum amount of products necessary for investigation. <Amended by Act No. 7095, Jan. 20, 2004>
(2)A public official who conducts investigation under paragraph (1) shall carry a certificate indicating his authority and show it
to the person concerned.
[This Article Wholly Amended by Act No. 5621, Dec. 31, 1998]
Article 8 (Recommendation on Correction of Violations)
If the Commissioner of the Korean Intellectual Property Office deems that there is an unfair competitive act provided for in subparagraph
1 (a) through (g) of Article 2 or an act contrary to the provisions of Article 3, he may make to the violator any recommendation
necessary for correcting it, such as discontinuance of said act, removal or disuse of the mark concerned and so forth, with a period
not exceeding thirty days fixed. <Amended by Act No. 4478, Dec. 31, 1991; Act No. 7095, Jan. 20, 2004>
Article 9 (Hearing of Opinion)
If it is deemed necessary for recommending the correction as prescribed in Article 8, the Commissioner of the Korean Intellectual
Property Office shall hear the opinion of the party concerned, interested person or witness under the conditions as prescribed by
the Presidential Decree. <Amended by Act No. 4478, Dec. 31, 1991>
CHAPTER III PROTECTIONOF TRADE SECRET
Article 10 (Claim for Prohibition of Act Infringing on Trade Secret)
(1)If any business profit is or might be infringed on by any act infringing on the trade secret, the person who holds said secret
may file an claim before the court for prohibition or prevention of said act against the person who infringed or intends to infringe
on the trade secret.
(2)The person holding the trade secret may, in filing a claim as referred to in paragraph (1), additionally claim a disuse of anything
causing the infringing act, removal of facilities offered for said act, or any measures required for its prohibition or prevention.
[This Article Newly Inserted by Act No. 4478, Dec. 31, 1991]
Article 11 (Liability for Damage Caused by Infringement on Trade Secret)
Any person who has inflicted any damage on a person holding a trade secret by infringing on any business profit through an act intentionally
or negligently infringing on such trade secret, shall be liable to compensate such damage.
[This Article Newly Inserted by Act No. 4478, Dec. 31, 1991]
Article 12 (Restoration of Credit of Person Holding Trade Secret)
A court may, upon a request of a person holding a trade secret, order a person who has intentionally or negligently downgraded such
business credit of a person holding a trade secret by any act infringing on said secret, to take any measures required for restoring
such business credit, in addition to or in lieu of the compensation for damages as prescribed in Article 11.
[This Article Newly Inserted by Act No. 4478, Dec. 31, 1991]
Article 13 (Special Cases on Bona Fide Person)
(1)The provisions of Articles 10 through 12 shall not apply to any act that a person who has lawfully obtained a trade secret through
a transaction, uses or discloses it to the public within the limit allowed owing to said transaction.
(2)For the purpose of paragraph (1), the term person who has lawfully obtained a trade secret means a person who has obtained such
secret without knowing, by no gross negligence, the fact that the trade secret was unfairly disclosed, or the fact that any unfair
obtaining or disclosing act was involved, at the time it is obtained as prescribed in subparagraph 3 (c) or (f) of Article 2.
[This Article Newly Inserted by Act No. 4478, Dec. 31, 1991]
Article 14 (Prescription)
The right to file a claim for prohibition or prevention of an act infringing on any trade secret as prescribed in Article 10 (1),
shall be extinguished by prescription, if it is not exercised for three years after the person holding said secret comes to know
the fact that in case where an act infringing on said secret continues, his business profit is or might be infringed by such act,
and the person who has committed such act. This provision shall also apply in case where ten years have passed since such infringing
act began. <Amended by Act No. 5621, Dec. 31, 1998>
[This Article Newly Inserted by Act No. 4478, Dec. 31, 1991]
CHAPTER IV SUPPLEMENTARY PROVISIONS
Article 14-2 (Presumption of Damages)
(1)In case where any person whose business profits are infringed by an unfair competitive act or an act of infringing on trade secrets
requests the compensation of damage under Article 5 or 11, and in case where the person who has infringed on the business profits
transfers the goods causing the unfair competitive act or the act of infringing on trade secrets, the amount obtained by multiplying
the transferred quantity of the relevant goods by the profit amount per unit quantity of the goods, which the person whose business
profits are infringed would be able to sell if there were no relevant unfair competitive act or act of infringing on trade secrets,
may be made as the damages of the person whose business profits are infringed. In this case, the damages shall be limited to the
amount obtained by multiplying the quantity, calculated by deducting the volume of actual sales from the volume of possible production
by the person whose business profits are infringed, by the profit amount per unit quantity: Provided, That in case where the person
whose business profits are infringed faces the situation under which he is unable to sell due to other reasons than the unfair competitive
act or the act of infringing on trade secrets, the amount conforming to the unsold quantity due to other reasons than the unfair
competitive act or the act of infringing on trade secrets, shall be deducted. <Newly Inserted by Act No. 6421, Feb. 3, 2001>
(2)Where a person whose business profit is infringed by an unfair competitive act or an act of infringing on trade secrets requests
compensation for damages under Article 5 or 11, if the person who infringes the profit gets any gain by such offense, the amount
of such gain shall be presumed to be the amount of damage sustained by the person whose business profit is infringed.
(3)Where a person whose business profit is infringed by an unfair competitive act or an act of infringing on trade secrets requests
compensation for damages under Article 5 or 11, he may request compensation for damages by considering the amount equivalent to that
which he may usually receive for the use of a mark, such as a trademark, put on the goods, etc. subjected to the unfair competitive
act or for the use of the trade secrets infringed, as the amount of damage which he sustains.
(4)Where the amount of damage which is sustained by an unfair competitive act or an act of infringing on trade secrets exceeds the
amount under paragraph (3), the request for damages may be made even to the excess. In this case, if the offense against the business
profit is committed with no intent or gross negligence by the person who infringed on the trade secret, a court may take this into
account in calculating the amount of damage. <Amended by Act No. 6421, Feb. 3, 2001>
(5) In case where it is extremely difficult to establish the facts to prove the amount of damage in view of the nature of relevant
facts, while it is recognized that the damage has been incurred, in the lawsuit for the unfair competitive act or the act of infringing
on trade secrets, the court may recognize a resonable amount of damage on the basis of the entire tenor of oral proceedings and the
results of evidence investigations, notwithstanding paragraphs (1) through (4). <Newly Inserted by Act No. 6421, Feb. 3, 2001>
[This Article Newly Inserted by Act No. 5621, Dec. 31, 1998]
Article 14-3 (Submission of Data)
In a lawsuit alleging the infringement of business profits by an unfair competitive act or an act of infringing on trade secrets,
a court may, upon the request of a party, order the other party to submit such data as may be necessary to calculate the amount of
damage incurred by the offense: Provided, That the same shall not apply where the holder of the data has a good reason for the refusal
of the submission thereof.
[This Article Newly Inserted by Act No. 5621, Dec. 31, 1998]
Article 15 (Relation to Other Acts)
(1)If there are any provisions of the Patent Act, the Utility Model Act, the Design Protection Act, or the Trademark Act which are
different from those of Articles 2 through 6 and 18 (3) of this Act, such provisions shall preferentially apply. <Amended by Act
No. 6421, Feb. 3, 2001; Act No. 7289, Dec. 31, 2004>
(2)If there are any provisions of the national flag or emblem of the Monopoly Regulation and Fair Trade Act, the Act on Fair Indication
and Advertisement, or the Criminal Act which are different from those of subparagraph 1 (d) through (f) of Article 2 and Articles
3 through 6 and 18 (3) of this Act, such provisions shall preferentially apply. <Amended by Act No. 5814, Feb. 5, 1999; Act No.
6421, Feb. 3, 2001>
[This Article Wholly Amended by Act No. 5621, Dec. 31, 1998]
Article 16 Deleted.
<by Act No. 5621, Dec. 31, 1998>
Article 17 (Delegation of Authority)
The authority of the Commissioner of the Korean Intellectual Property Office, which is prescribed by this Act, may be delegated partially
to the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors, under the conditions as prescribed by the Presidential
Decree. <Amended by Act No. 5454, Dec. 13, 1997>
Article 18 (Penal Provisions)
(1) Any person who has made an illegal profit or used the useful trade secrets of any enterprise abroad for the purpose of causing
damage to such enterprise or leaked such trade secrets to any third party knowing that they are used or will be used abroad shall
be punished by imprisonment with prison labor for not more than 7 years or a fine equivalent to the amount ranging from not less
than 2 times to not more than 10 times the amount of the profit in property. <Amended by Act No. 7095, Jan. 20, 2004>
(2) Any person who has acquired and used useful trade secrets of any enterprise for the purpose of making an illegal profit or causing
damage to the enterprise or leaked the trade secrets to any third party shall be punished by imprisonment with prison labor for not
more than 5 years or a fine equivalent to the amount ranging from not less than 2 times to not more than 10 times the amount of the
profit in property. <Amended by Act No. 7095, Jan. 20, 2004>
(3)Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or
by a fine not exceeding thirty million won: <Amended by Act No. 6421, Feb. 3, 2001; Act No. 7095, Jan. 20, 2004>
1.A person who commits an unfair competitive act under subparagraph 1 of Article 2 (excluding items (h) and (i)); and
2.A person who uses as trademark, in contravention of the provisions of Article 3, any one identical with or similar to the badges
or marks falling under any of the following items:
(a)The national flag, emblem or other badges of a party to the Paris Convention, a member state of the World Trade Organization, or
a signatory state of the Trademark Law Treaty;
(b)The mark of an international organization; and
(c) The mark for a control or certification which is used by the government of a party to the Paris Convention, a member state of
the World Trade Organization, or a signatory state of the Trademark Law Treaty.
(4)The punishment of imprisonment and fine under paragraphs (1) and (2) may be concurrently imposed.
(5)Deleted. <by Act No. 7095, Jan. 20, 2004>
[This Article Wholly Amended by Act No. 4478, Dec. 31, 1991]
Article 18-2 (Attempted Crime)
Any person who has attempted a crime provided for in Article 18 (1) and (2) shall be punished.
[This Article Newly Inserted by Act No. 7095, Jan. 20, 2004]
Article 18-3 (Preparation and Plot)
(1)Any person who has prepared or plotted for the purpose of committing the crime provided for in Article 18 (1) shall be punished
by imprisonment with prison labor for not more than 3 years or a fine not exceeding 20 million won.
(2)Any person who has prepared or plotted for the purpose of committing the crime provided for in Article 18 (2) shall be punished
by imprisonment with prison labor for not more than 2 years or a fine not exceeding 10 million won.
[This Article Newly Inserted by Act No. 7095, Jan. 20, 2004]
Article 19 (Joint Penal Provisions)
If a representative of a juristic person, or an agent, employee or other employed person of a juristic person or individual commits
an offense falling under Article 18 (1) through (3) in connection with the affairs of such juristic person or individual, a fine
as prescribed in the same paragraph of the same Article shall apply to such juristic person or individual, in addition to punishment
of the offender. <Amended by Act No. 5621, Dec. 31, 1998; Act No. 7095, Jan. 20, 2004>
Article 20 (Fine for Negligence)
(1)A person who refuses, interferes with, or evades the investigation or collection by the relevant public official under Article
7 (1) shall be punished by a fine for negligence not exceeding twenty million won.
(2)The fine for negligence referred to in paragraph (1) shall be imposed and collected by the Commissioner of the Korean Intellectual
Property Office under the conditions prescribed by the Presidential Decree.
(3)A person who is dissatisfied with the disposition of a fine for negligence referred to in paragraph (2) may raise an objection
to the Commissioner of the Korean Intellectual Property Office within thirty days after receiving the notice of the disposition.
(4)Where a person who is subject to the disposition of a fine for negligence referred to in paragraph (2) raises an objection under
paragraph (3), the Commissioner of the Korean Intellectual Property Office shall forthwith notify the competent court, which shall,
upon receiving the notification, bring the case of the fine for negligence to trial under the Non-Contentious Case Litigation Procedure
Act.
(5)If no objection is made and no fine for negligence is paid within the period referred to in paragraph (3), the fine shall be collected
according to the example of disposition on the national taxes in arrears.
[This Article Newly Inserted by Act No. 5621, Dec. 31, 1998]
ADDENDUM
This Act shall enter into force on January 1, 1987.
ADDENDA <Act No. 4478, Dec. 31, 1991>
(1)(Enforcement Date) This Act shall enter into force on such date as may be determined by the Presidential Decree within one year
after the date of its promulgation.
[This Act shall enter into force on December 15, 1992 under the Presidential Decree No. 13781, December 14, 1992]
(2)(Transitional Measures concerning Act, etc. of Infringing on Trade Secret prior to Enforcement of This Act) The amendments to Articles
10 through 12, and 18 (1) 3 shall not apply to any act of infringing on a trade secret, which has been committed before this Act
enters into force. This provision shall also apply where any person who has obtained or used a trade secret before this Act enters
into force uses such trade secret after this Act enters into force.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5621, Dec. 31, 1998>
(1)(Enforcement Date) This Act shall enter into force on January 1, 1999.
(2)(Transitional Measures concerning Penal Provisions) In the application of penal provisions to a violation of trade secrets which
has been committed prior to the entry into force of this Act, the previous provisions shall apply.
(3)(Transitional Measures concerning Extinctive Prescription) Notwithstanding the amendments to Article 14, with respect to the extinctive
prescription of the right to file a claim for prohibition or prevention of a violation of trade secrets which has been committed
prior to the entry into force of this Act, the previous provisions shall apply.
ADDENDA <Act No. 5814, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6421, Feb. 3, 2001>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2001.
(2)(Special Cases concerning Application of Penal Provisions) With respect to the persons who have committed the unfair competitive
acts under the amendments to subparagraph 1 (c) and (g) of Article 2, notwithstanding the provisions of Article 18 (3), the penal
provisions under the same Article and paragraph shall not be applicable not later than December 31, 2001.
ADDENDA <Act No. 7095, Jan. 20, 2004>
(1)(Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2)(Transitional Measures) Any person who has violated the previous provisions of Article 18 (1) and (2) prior to the enforcement
of this Act shall be governed by the previous provisions.
ADDENDA <Act No. 7289, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
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