🚨 Intellectual Property Rights

Today Korean Social News for Beginners | 2025.08.18

0️⃣ Korea's IP Industry Status and K-Pop Demon Hunters Success Story

📌 Korea Falls Behind in IP Industry Development… Need for 'K-Pop Demon Hunters Law' Emerges

💬 Netflix's animated series 'K-Pop Demon Hunters' is expected to create IP value worth 1 trillion won, but Korea is still not on the list of major global IP holders. While the US and Japan generate tens of trillions of won in revenue, Korea is missing out on derivative profits due to lack of original IP and poor utilization strategies. Korean production companies are losing rights and getting unfavorable revenue shares in overseas platform-centered structures, raising the need for creating an 'IP sovereignty fund' and establishing legal frameworks.

💡 Summary

• Intellectual property rights are exclusive rights over creative works and inventions.
• Korea is not included in the world's top 50 IP holders and urgently needs original IP.
• Financial support and institutional frameworks are needed for IP commercialization.

1️⃣ Definition

Intellectual Property Rights means exclusive rights that creators have over products made through human creative activities. This includes patents, trademarks, designs, and copyrights. These rights protect creators and encourage continued creative work while building national competitiveness.

In the content industry, intellectual property rights are key elements that create various added values like derivative products, global distribution, and secondary works. One original IP can expand into movies, TV shows, games, character products, and theme parks, creating huge economic value.

💡 Why is this important?

• It's the foundation that protects creators' rights and encourages creative activities.
• It's a key factor for competitiveness in the global content market.
• One IP can create various derivative industries and added value.
• It contributes to national soft power and cultural influence expansion.

2️⃣ Current Status and Problems of Korea's IP Industry

📕 Korea's Position in the Global IP Market

• Korea is excluded from major global IP holders. The current situation is:

  • The US generates tens of trillions of won annually through Disney, Marvel, and DC.
  • Japan maintains its position as a global IP powerhouse with Pokemon, Hello Kitty, and One Piece.
  • Despite Hallyu content success, Korea is not in the world's top 50 IP holders.
  • There are limits to creating derivative profits due to lack of original IP and high overseas dependence.

• Platform-centered structure problems are serious. Main issues include:

  • Overseas platforms like Netflix and Disney+ provide production costs but take IP rights.
  • Korean production companies only participate in production and are in unfavorable positions for long-term revenue sharing.
  • Most global distribution and secondary work rights are held by overseas platforms.
  • This limits Korea's ability to create continuous profits even when making content.

📕 K-Pop Demon Hunters Success and Implications

• It proved the possibility of IP value creation. Main achievements include:

  • K-Pop Demon Hunters showed the potential to create 1 trillion won value as Korean original IP.
  • Original storytelling using K-pop and Korean cultural elements gained global popularity.
  • It showed expansion possibilities into animation, webtoons, games, and character products.
  • It proved Korea can have sufficient competitiveness when holding original IP.

• There are still challenges to solve. Main limitations include:

  • It remains an individual success story, requiring systematic IP ecosystem development.
  • There's a lack of initial investment funds and risk management systems.
  • Comprehensive strategies and support from IP development to global distribution are insufficient.
  • Legal protection and rights management system improvements are needed.

💡 Main Problems of Korea's IP Industry

1. Lack of Original IP: Shortage of original IP content with global competitiveness
2. Platform Dependency: Unfavorable rights and revenue distribution due to overseas platform-centered structure
3. Investment Shortage: Lack of investment and risk management systems in early IP development stages
4. Legal Protection: Insufficient institutional frameworks for IP rights protection and utilization
5. Ecosystem Gaps: Need for systematic support systems from IP development to commercialization

3️⃣ Overseas Success Cases and Improvement Plans

✅ Success Strategies of Global IP Powers

• US integrated IP ecosystem development case. Main features include:

  • Disney operates movies, theme parks, products, and games with one character.
  • Marvel maximized synergy by building a universe connecting individual hero IPs.
  • They achieved vertical integration from creation to distribution through the Hollywood studio system.
  • They have strong intellectual property protection systems and global legal response systems.

• Japan's character-centered IP strategy is successful. Main methods include:

  • Pokemon started as a game and expanded to animation, movies, card games, and products.
  • Hello Kitty succeeded in global merchandising with simple character design.
  • They built comprehensive content ecosystems linked with manga and animation industries.
  • They systematically support overseas expansion through government-level Cool Japan policies.

✅ Korea's IP Industry Development Plans

• Creating an IP sovereignty fund is urgent. Main needs include:

  • The state should share high risks and investment burdens in early development stages.
  • A structure is needed to keep successful IP rights domestically instead of giving them overseas.
  • An environment should be created for small and medium content production companies to focus on IP development.
  • Professional organizations are needed to build and manage IP portfolios from a long-term perspective.

• Institutional improvements and ecosystem building are necessary. Main plans include:

  • Strengthen IP rights protection and establish rapid response systems for overseas infringement.
  • Legally guarantee fair revenue distribution structures between creators and investors.
  • Build one-stop support systems from IP development to global distribution.
  • Systematize IP creative talent development and technology development through universities and research institutions.
  • Expand professional consulting and legal support for overseas expansion and localization.

4️⃣ Related Terms Explanation

🔎 Copyright Law

• This is the key law that protects creative works like literature, music, and videos.
  • Copyright law gives creators exclusive rights like reproduction, performance, and transmission rights for literary, academic, and artistic works. Korea's copyright law was enacted in 1957 and has been revised several times, adding online transmission rights and copy protection device regulations to match digital environment changes.
  • Main copyright contents include: First, reproduction rights to print, copy, record, or film works. Second, performance and screening rights to publicly perform or screen works. Third, transmission rights to deliver to the public through the internet. Fourth, rights to create secondary works like translation, arrangement, and adaptation.
  • Recently, platform-centered rights concentration problems have become controversial in the content industry. With global platforms like Netflix taking copyrights in exchange for providing production costs, ensuring long-term revenue for domestic creators has become a major challenge.

🔎 Patent Law

• This system protects technical inventions to promote innovation.
  • Patent law protects inventors' technical creations exclusively for a certain period to promote technological innovation. Korea's patent law was enacted in 1961, and its importance has grown as large-scale patent competition among companies in advanced industries like semiconductors, telecommunications, and biotechnology has intensified.
  • Requirements for patent registration include: First, novelty - it must be new technology not previously known. Second, inventiveness - there must be significant advancement compared to existing technology. Third, industrial applicability - it must be usable in actual industry. Fourth, specification requirements - the invention content must be clearly described.
  • Recently, patent protection scope and standards for new technology fields like artificial intelligence and big data have become major issues. Also, as patent disputes among global companies increase, the importance of international patent strategies and defense system construction is growing.

🔎 Trademark Law

• This is the key system that protects brands and source indicators.
  • Trademark law protects marks like letters, figures, and colors that indicate the source of products or services, aiming to protect consumers and establish fair trade order. Korea's trademark law was enacted in 1949, and overseas trademark registrations are rapidly increasing due to global expansion of Hallyu content and K-brands.
  • Trademark functions include: First, source identification function to distinguish providers of products or services. Second, quality assurance function to guarantee certain quality levels. Third, advertising function to build brand image and trust. Fourth, property rights function to create intangible economic value.
  • In Hallyu-related trademark protection, securing rights overseas is an important challenge. Cases of unauthorized pre-registration of K-pop group names, drama titles, and character names overseas are frequent, requiring strengthened preemptive registration and infringement response systems.

🔎 Industrial Design Protection Law

• This law protects the creativity and originality of product designs.
  • Industrial Design Protection Law gives creators exclusive rights over shapes, forms, colors, or their combinations that make up product appearances. Enacted in 1961, this law's importance has gradually increased as the economic value of design in IT devices, clothing, household goods, and character products has grown.
  • Design registration requirements include: First, industrial applicability - mass production must be possible. Second, novelty - it must be new design not disclosed before application. Third, creativity - there must be originality differentiated from existing designs. Fourth, expanded novelty - there should be no similar designs.
  • Recently, the importance of design protection has been highlighted as overseas counterfeit products have rapidly increased during Hallyu IP commercialization. Unauthorized copying frequently occurs in K-pop goods, drama-related products, and webtoon character products, making rapid rights securing and infringement response measures urgent challenges.

5️⃣ Frequently Asked Questions (FAQ)

Q: Can individual creators also receive intellectual property protection?

A: Yes, individual creators can definitely receive protection and should more actively secure their rights.

• Intellectual property rights apply equally to individual creators, not just companies. First, for copyrights, protection occurs automatically when creating works, so you can be protected without separate registration. However, it's good to register copyrights to prove creation time in disputes. Second, characters or logos can be registered as trademarks to protect brand value. Third, original designs can be registered as industrial designs for protection during commercialization.
• There are many support systems for individual creators. The Korea Copyright Commission provides copyright registration fee reductions, legal consultations, and dispute mediation services. Also, local governments operate creator support programs that can be actively utilized. The important thing is to secure rights before publishing works and get expert help during contracts to avoid unfair conditions.

Q: What should I do if my work is being used without permission overseas?

A: Quick evidence collection and systematic response according to local laws are necessary.

• Overseas infringement response is more complex than domestic cases, but don't give up and approach step by step. First, collect specific evidence of infringement through screenshots and purchase proof, and prepare translations. Second, check whether rights are registered in that country, and if not, urgently proceed with applications. Third, review legal responses through local intellectual property lawyers or agents. Fourth, for online platforms, you can use the platform's reporting systems.
• Government support systems should also be actively utilized. You can receive partial litigation cost support through the Patent Office's overseas intellectual property dispute response support project, and the Korea Copyright Commission's overseas copyright protection support project is also available. Also, Korean cultural centers or KOTRA overseas trade offices in each country can provide basic consultations and local information. Even if it costs time and money, it's important to respond continuously without giving up.

Q: What preparation is needed for IP commercialization?

A: A comprehensive approach from systematic rights securing to commercialization strategies is necessary.

• Step-by-step strategies are important for successful IP commercialization. First, systematically develop characters, stories, and designs with various utilization possibilities in mind from the creation stage. Second, register all core rights and secure rights in major overseas markets. Third, design various revenue models like licensing, merchandising, and secondary works. Fourth, specify business plans and revenue models for investment attraction or partnerships.
• Building expert networks is also essential. Networks with IP lawyers, licensing agents, marketing experts, and investors should be built in advance. Also, actively utilize government content startup support projects and IP commercialization support programs, and join related associations or organizations to share information. Most importantly, patience and strategic thinking to continuously grow IP value from a long-term perspective are crucial.

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