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Korea (South) - Revised Trade Secret Law

The South Korean law relating to trade secrets has been amended and the revised law is expected to come into force on July 1, 2004. The main change is to expand the class of persons who may be liable to criminal action for disclosure of trade secrets (at present only employees, officers, former employees and in some cases former officers of the corporation whose trade secrets have been divulged) to cover “any person who has improperly obtained, utilized or divulged a trade secret of a corporation to a third party, for the purpose of gaining unjust profit or causing damage to the corporation without any justifiable reason”. The penalties for misuse of trade secrets are also increased and provision is made for action against the employers of those who misuse another’s trade secret.


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