Guide to Responding to Intellectual Property Infringement and Damages Claims

Based on 50 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

Whether copyright, trademark, or patent rights have been infringed depends on the type of right, its scope of protection, and how the right was actually used. When alleging or responding to infringement, you should confirm originality, ownership of the rights, the terms of any contract, and the circumstances of the infringement, and use the remedies provided by law.

People involved → Rights holder → Alleged user → Online service provider → A right holder alleges< br/>IP infringement or damages → Is the claimed right protected< br/>and held by the claimant? → Yes → No → Was protected material used< br/>without permission? → Do the facts support liability< br/>and the requested remedy? → The claim may succeed< br/>Remedies and damages depend on the right and facts → The claim may fail or be limited< br/>Infringement or liability is not automatic → Check originality, creator, and rights transfers → Check the exact material used and permission → Check provider conduct, claim abuse, and damages → Originality and ownership< br/>Separate authorship from transferred economic rights → Scope and use< br/>Distinguish a typeface from a font program → Circumstances and remedies< br/>Provider liability needs more than an online post

Key points

Copyright protects expressions that contain original creative elements. A simple statement of facts or an expression that does not reflect creative individuality may not be protected (Copyright Act, Article 7(5) (저작권법 제7조 제5호)).
For photographs, it is important whether the photographer’s creative individuality is expressed. A photograph that simply shows a product as it is may be judged differently from an advertising image photograph that arranges the background and other elements in an original way (Cases 4 and 15).
When a work is created under a contract for work, the actual creator cannot be replaced as the author merely by contract. A transfer of economic rights must be distinguished from moral rights (Copyright Act, Article 9 (저작권법 제9조); Article 10(2) (저작권법 제10조 제2항); Article 14(1) (저작권법 제14조 제1항)).
The mere existence of an online post does not make an online service provider liable. Liability for aiding infringement may be found if the infringement is obvious, the provider can manage and control it, and the provider fails to take necessary measures (Case 11).
Even if a trademark is formally registered, a claim for an injunction against infringement or for damages may be disallowed as an abuse of rights when it is obvious that the registration is invalid (Case 6).
A patent holder should use legal remedies to protect their rights. In circumstances where it is unclear whether infringement has occurred, pressuring someone to terminate a contract or remove products in exchange for withdrawing a criminal complaint may be unlawful (Case 7).
The typeface itself must be distinguished from the font program used to render it. The mere fact that a typeface was made to resemble another does not constitute copyright infringement of the font program (Cases 21 and 23).
Damages are calculated according to the type of right and the specific circumstances. In cases of trademark infringement, the amount of damages may be calculated based on factors such as the infringer’s profits (Case 19).

Frequently asked questions

Q. Is it copyright infringement to post product photos on an online shopping site without permission?

First, consider whether the photographer’s creative individuality is reflected in the photograph. Unlike a photograph that simply shows the product as it is, an advertising image photograph that arranges the product, background, and other elements in an original way may be protected as a work. Using it without permission may therefore infringe copyright.

Case 4, Case 15

Q. Can I freely use online reviews or photos as long as I cite the source?

Attribution alone does not necessarily make a use permissible. A post containing original creative expression may raise copyright issues. Even information that is not protected under the Copyright Act may give rise to civil liability for a tort if special circumstances exist, such as an improper purpose.

Case 13

Q. If a copyright-infringing post is uploaded, is the portal site also liable for damages?

The mere fact that an infringing post appears in search results does not automatically establish the online service provider’s liability. Liability may be found if the infringement is obvious, the provider knew or could have known about it specifically, and the provider could manage it technically and economically but failed to take appropriate measures, such as deleting or blocking the material.

Case 11

Q. Is it copyright infringement to create or use a typeface similar to another font?

The cases distinguish between typefaces themselves and font programs. Merely creating a typeface similar to another does not generally constitute copyright infringement of the font program. However, downloading and using a font program without the rights holder’s permission may raise infringement issues.

Case 23

Q. Is the company named in the contract the author of a design created under an outsourcing arrangement?

According to the cases, a person who did not actually create a work cannot be designated as its author merely by contract. However, economic rights in a work may be transferred, so you should separately confirm who created the work and whether the economic rights were transferred.

Case 1

Q. Do I have to pay remuneration for phonogram use if I play streamed music in my store?

According to the Supreme Court’s decision in the case, “use” of a commercial phonogram includes both playing the phonogram directly and playing it by streaming. Accordingly, playing streamed music in a store may also be subject to the rules on remuneration.

Case 17

Q. Can a patent holder demand that products be removed in exchange for withdrawing a criminal complaint?

Even if it is unclear whether a patent has been infringed, repeatedly demanding termination of a contract or removal of installed products as a condition for withdrawing a criminal complaint—without pursuing legal remedies—may be found to exceed the proper exercise of rights. A patent holder may use legal procedures, such as seeking a preliminary injunction prohibiting the manufacture or sale of the product.

Case 7

Q. Can I make copies of a university library book myself for the purpose of writing a thesis?

The cases distinguish between a library employee making a copy of materials held by the library and a patron making a copy directly. Even for a thesis or research purposes, copying materials yourself or reproducing them using a scanner available in the library may fall outside the scope permitted under the Copyright Act.

Case 25

Q. Can a trademark holder claim damages while the validity of the registered trademark is being disputed?

Even before a decision invalidating the registration becomes final, a claim for an injunction against infringement or for damages may be disallowed as an abuse of rights if it is obvious that the trademark registration will be invalidated. A court hearing an infringement case may also examine whether the registration is invalid in order to decide an abuse-of-rights defense.

Case 6

Relevant laws

Watch out for

Whether a work is protected is not determined solely by its name or purpose of use. You should confirm the originality of the actual expression and ownership of the rights.
Transfers of economic rights and moral rights are different. You should distinguish between the types and scope of rights when reviewing a contract.
The cases cited set out separate time limits for remedies concerning patent applications filed by persons without rights and for procedures relating to patent rights. For a specific matter, you should confirm the applicable deadlines.
Even if infringement is suspected, rather than pressuring the other party to terminate a contract or remove products, consider legal remedies such as the preliminary injunction mentioned in the cases.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).