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Practice Area|Criminal Defense

Technology Leakage and Trade Secret Infringement Response Center

The company’s core technology and know-how are the source of its competitiveness.  However, due to the diversification of storage methods for corporate information and changes in the corporate environment, such as the increase in work from home after COVID-19, the risk of leakage of trade secrets and core technologies, which are valuable information assets of companies, has become higher than ever.

In this rapidly changing business environment, disputes related to technology leakage and trade secrets have shifted from traditional forms, such as trade secret leakage or prohibition of competitive business issues arising from workplace transfers, and are occurring in various new forms, including trade secret leakage and acquisition issues through suppliers or customers, trade secret leakage issues arising from contractual relationships such as usage authorization, joint development, and outsourced production such as OEM, and technology leakage issues using hacking or phishing, and the amount of damages and scale of disputes arising therefrom have increased.

Furthermore, as the competition for technological supremacy has grown more intense, there have been frequent incidents of leakage of national core technologies.  In response, the Supreme Prosecutors' Office has established the 'Technology Leakage Crime Investigation Support Center' under the Cyber Investigation Department of the Scientific Investigation Division, and the Korean Intellectual Property Office has newly established the Technology Police Division under the Industrial Property Protection Cooperation Agency, both of which are actively investigating technology leakage crimes centered on industrial technology.

Jipyong has been providing specialized legal services to our clients in trade secret and industrial technology leakage disputes through effective cooperation with attorneys in the Criminal Defense Group, Antitrust & Competition Group, Labor & Employment Group, and M&A/Corporate Group, with our IP & IT Group heading up the practice.  Moreover, Mr. Kang Jin CHUN, the former Head of the Intellectual Property Crimes Division of the Seoul Central District Prosecutors' Office, have joined us to provide a higher level of legal service to our clients regarding criminal cases involving technology leakage crimes.

Key Practice Areas Close

    • Responding to civil and criminal disputes related to leakage and infringement of industrial technology and trade secrets, investigation, and collection of evidence (digital forensics)
    • Advising and consulting on competitive business related to recruitment, change of employment, retirement, and violation of confidentiality
    • Consulting on the establishment of industrial technology and trade secret management systems (consulting on the institutionally necessary measures such as management regulations and security pledges, as well as the human and physical measures)
    • Diagnosis of the actual status of the industrial technology and trade secret management system (including due diligence such as interviews with the person in charge)
    • Identifying and classifying confidential information in planning, sales, management support, and research processes for each department and service
    • Conducting security training for officers and employees
    • Advising and consulting on the export of strategic materials and technologies and the export of national core technologies
    • Consulting related to technology theft (advice on preventing technology theft from business partners, compliance, and related disputes)

Experience Close

    • Established due diligence, consulting, and IP compliance programs for trade secret protection
    • Represented criminal and civil litigation related to core technology leakage for a specialized company in building materials, a medical device manufacturer, a security control company, a global silicon manufacturer, a solar company, a semiconductor equipment manufacturer, a fertilizer manufacturer, and an automotive software developer
    • Represented a global luxury goods company, an automotive air conditioning company, an SI company, and a manufacturer of genetic diagnostic reagents and devices regarding the prohibition against predatory hiring of former employees
    • Represented a security company in advising and performing litigation regarding the export of strategic goods
    • Provided work manuals related to hiring employees of competitors and recruiting experienced employees to O2O platforms and e-commerce companies and consulted on risk mitigation and avoidance measures
    • Represented a global company in sharing trade secrets of its suppliers and advised on responding to a list related to the sharing and flow of trade secrets
    • Advised and negotiated with a global consulting firm regarding the recruitment and transfer of experienced employees from a competitor
    • Examined the actual condition of trade secrets, identified improvement points for management, and conducted consultation in the investment and M&A process for a game company and a financial platform