South Korean Antitrust Enforcers Sets Sights On Intellectual Property

While many international businesses are used to navigating through the tricky shoals of United States antitrust enforcement and intellectual property (“IP”) law, they are now finding they need to navigate through South Korean regulation as well.

As South Korean firms have become increasingly prominent players in the global technology marketplace, the Korean government has become an increasingly prominent player in the regulation of global technology firms.

Since the mid-2000s, the Korean Fair Trade Commission (KFTC) has investigated, and often sanctioned, global tech firms such as Microsoft, Intel and Qualcomm.  It recently turned its sights to Google.

In 2010, the KFTC significantly revised its guidelines for enforcing Korea’s competition laws with respect to IP licensing.  Those guidelines apply equally to non-Korean firms whose conduct affects Korean markets. 

The US also employs antitrust guidelines for IP licensing, issued in 1995.  How do the new Korean guidelines compare to their US counterparts?

Constantine Cannon recently published an article addressing that question and identifying some similarities and differences.  Click here to read the analysis.