Partial amendments to the "Act on the Prevention of Leakage and Protection of Industrial Technology," passed by the National Assembly on November 13, 2025, were promulgated on December 2, 2025, and will take effect on June 3, 2026 (the " Amendments"). The Amendments are expected to significantly strengthen the protection of industrial technology and related trade secrets in litigation and compliance practice.
As previously explained, the Amendments (i) expand industrial technology protection to include core strategic technologies in the materials, parts, and equipment sectors (such as semiconductors, secondary batteries, and displays); (ii) substantially specify and elaborate the court’s system for orders to submit materials in industrial technology infringement litigation, thereby strengthening its effectiveness; and (iii) expand the scope of confidentiality orders so that they may also protect trade secrets. These changes are expected to enable more effective prevention of, and legal remedies against, industrial technology infringement.
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Strengthened Submission Order Regime
In industrial technology infringement litigation, most evidence of infringement is typically under the control of the alleged infringer, making it challenging for rights holders to meet the evidentiary burden. Under the prior submission order regime, the absence of detailed procedures and sanctions for non-compliance meant that such orders were rarely sought or effectively utilized in practice.
The Amendments introduce an in camera review procedure in industrial technology infringement litigation; clarify that a party cannot refuse submission solely on the grounds that the materials constitute industrial technology or trade secrets; and authorize the court, in the event of non-compliance with a submission order, to deem the opposing party’s factual assertions to be true. Once effective, these measures are expected to allow rights holders to obtain technical documents, design drawings, process data, sales records, and similar materials held by alleged infringers, and to rely more actively on in camera review or truth presumption provisions where submission is refused.
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Expanded Confidentiality Measures
Previously, confidentiality orders applied only to industrial technology, creating a risk that trade secrets could be disclosed during litigation. Under the Amendments, the scope of confidentiality orders now extends to trade secrets; and with this change, even sensitive trade secrets required to prove infringement in the course of litigation can now be protected through confidentiality orders.
Following implementation of the Amendments, even where infringement is suspected but evidence is difficult to obtain, rights holders are expected to be able to pursue effective relief by actively utilizing submission orders and confidentiality orders.
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Implications for Businesses
These enhanced measures for rights holders will inevitably increase both the procedural burden and the potential legal exposure of companies that may face allegations of industrial technology infringement. Companies should therefore review and, where necessary, reinforce their ongoing compliance systems.
More broadly, Korea and many other jurisdictions are intensifying protection of critical technologies through legislation and enforcement policy. Our firm will continue to closely monitor related legislative developments and policy trends and will provide timely updates on significant issues and their practical implications.
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[Korean Version]
