Tax & Regulation February 4, 2026 · 33 min read

IP Protection in Korea: Legal Guide for Canadian Companies

Key Takeaway

South Korea operates a first-to-file trademark system under one of the world's top five patent offices (KIPO), making early IP registration a business-critical priority for Canadian companies before entering the Korean market. Brand squatting is a documented and costly risk. Canada–Korea IP rights are further reinforced through CKFTA provisions and shared membership in all major international IP treaties.

Implications

Canadian companies should file trademarks and patents with KIPO prior to market entry—not concurrently. Reliance on Canadian use-based trademark rights offers no protection in Korea. Businesses should evaluate whether direct KIPO filing or the Madrid Protocol route better suits their timeline and multi-market strategy. Engaging a registered Korean patent attorney is mandatory for direct filing. The CKFTA IP chapters provide an additional layer of bilateral protection that Canadian counsel should leverage in cross-border licensing or enforcement scenarios.

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