In the digital age, where is the “territory” of a patent? In a landmark decision in May 2025 (Case No. 2023 Na 10693), the Korean Intellectual Property High Court provided a definitive answer: an online listing alone can now constitute patent infringement.
The End of the “Actual Sale” Requirement
Historically, proving infringement for foreign sellers required evidence of a physical transaction within the country. The court has now modernized this definition, ruling that an “offer for sale” on a global platform is sufficient for a legal injunction if the listing targets Korean consumers.
| Key Legal Shift | Previous Standard | New 2026 Standard |
| Proof of Sale | Required (Shipping docs, receipts) | Not Required (Listing is enough) |
| Jurisdiction | Limited to physical territory | “Substantial Connection” (Digital) |
| Server Location | Critical to jurisdiction | Irrelevant if targeting Korea |
| Enforcement | Reactive (After damage) | Proactive (At the marketing stage) |
The “Targeting Test”: Is Your Website Compliant?
“Your brand is who you are,” but your website’s design now determines your legal liability in Korea. The Court established a four-factor test to see if a foreign listing is “targeting” the Korean market:
- Language: Descriptions or customer support in Korean.
- Currency: Prices displayed in Korean Won (KRW).
- Logistics: Explicit delivery options to South Korean addresses.
- Support: Live chat or inquiry windows tailored for Korean users.
The Specialist Vision: Managing IP Risk
This ruling is a powerful tool for rights holders to block infringing activity early. However, for global e-commerce businesses, it requires a “specialist vision” to audit online storefronts and ensure they don’t accidentally infringe on Korean patents through broad marketing settings.
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