<img src="https://publish-01.obsidian.md/access/744ac39d33cabbc297b91373bfcac24d/bin/images/South_Korea_map.png" alt="South Korea" class="page-header-sidebar-image">
South Korea has provisions in its legislation relating to the granting of compulsory licences.
These can be found in the Patent Act.
- Non-working or insufficient working
- A compulsory licence can be requested where a patented invention is not being worked (i.e., not exploited) in South Korea, or is not being supplied to meet domestic demand under reasonable terms — typically after the statutory working period (the Act sets timing/conditions).
- Dependent (later) patent
- Where a later patent cannot be worked without infringing an earlier patent and the later invention represents a substantial technical advance of considerable economic significance, the owner of the later patent may seek a licence to use the earlier patent to the extent necessary.
- Public interest / public non-commercial use / national emergency
- The law permits compulsory licensing/use in the public interest (including public non-commercial use) — in some cases without prior consultation with the patentee (consistent with TRIPS Article 31’s public-interest exceptions).
- Anti-competitive enforcement / misuse
- Compulsory licences (or other limitations) may be considered where exercising patent rights amounts to anti-competitive behaviour or monopoly practices needing correction.
More information can be found [here](https://elaw.klri.re.kr/eng_service/lawView.do?hseq=59876&lang=ENG ).