According to a businesskorea report, Korean semiconductor materials, components and equipment suppliers oppose the "discovery system" that the Korean government plans to introduce to protect patent rights. They said that foreign semiconductor companies, which have an absolute advantage in the number of patent applications, will file a large number of patent infringement lawsuits by abusing the system.

Last month, the Korean Intellectual Property Office (KIPO) proposed an amendment to the “Patent Law” to introduce a “discovery system” whereby experts appointed by the court or selected by the plaintiff can collect at the defendant’s manufacturing plant before the patent litigation evidence. According to KIPO, victims no longer need to prove patent infringement and can quickly collect key evidence. The introduction of this system can reduce the time and cost of litigation.

However, some of the smaller Korean suppliers of semiconductor materials, components and equipment worry that this system will lead to a series of lawsuits that will seriously hinder their business activities. One of the supplier representatives explained, “Foreign companies with more patents frequently file infringement lawsuits, and most Korean companies in the industry are unable to respond.”

It is reported that the average number of patent applications filed by foreign semiconductor material and component suppliers in South Korea is 578, while the average number of patent applications for similar companies in South Korea is 29. In particular, Japanese companies are likely to use this system, coupled with the Japanese government’s export restrictions, to continue to pressure South Korea.