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Trade Secrets & Intellectual Property

Trade secret misappropriation and misuse — on both the civil and criminal side — is a core practice at Atlas Legal. Representing a small and medium-sized enterprise (SME) whose technology was misappropriated by a major corporation, we led the first ever search and seizure of a major corporation by the Seoul Metropolitan Police Agency, and obtained a trade secret use prohibition injunction. On the defense side, we have obtained multiple non-prosecution dispositions at the investigation stage and multiple acquittals at trial in trade secret cases.

The key in trade secret cases is pursuing criminal complaints, injunctions, and civil litigation in an integrated, coordinated strategy. The criminal complaint drives a search and seizure to secure additional evidence; the injunction rapidly contains the damage; and the civil damages suit recovers losses. These three tracks reinforce each other.

In patent, copyright, trademark, and design matters, we protect client intellectual property through infringement injunctions, damages claims, and criminal complaints. Through our cooperation agreement with Woo-In Patent & Law Firm, we handle patent, trademark, and design filing and registration through to infringement response as a one-stop service.

Services

Trade Secret Misappropriation — Victim Representation

Representing companies whose trade secrets have been misappropriated or leaked. Criminal complaint under the Unfair Competition Prevention and Trade Secret Protection Act, driving search and seizure, injunction application, and civil damages litigation in parallel

Trade Secret Misappropriation — Defense

Securing non-prosecution dispositions at the investigation stage, challenging the three trade secret requirements (non-public nature, independent economic value, confidentiality management), and arguing no wrongful acquisition, no misuse, and no criminal intent

Non-compete & Non-solicitation

Non-compete injunctions against employees joining competitors, damages for NDA breach, and disputes over the enforceability of non-compete agreements

Patent & Utility Model Infringement

Infringement injunctions, damages claims, and criminal complaints for patent and utility model infringement. One-stop service from filing and registration to dispute resolution through our cooperation with Woo-In Patent & Law Firm

Copyright, Trademark & Design Infringement

Civil and criminal response to unauthorized reproduction, distribution, and transmission of copyrighted works, trademark and design right infringement, and counterfeit goods distribution. Infringement injunctions and damages claims

IP Registration & Management

Patent, trademark, and design filing, registration, renewal, and appeal support through our cooperation with Woo-In Patent & Law Firm. Civil and criminal infringement response handled in-house after registration

When You Need a Trade Secrets & IP Lawyer

  • A departing employee takes core technology to a competitor: An immediate injunction application is needed to contain the damage. A criminal complaint driving a search and seizure is the key to securing evidence.
  • A prime contractor or business partner uses your technology without authorization: A criminal complaint under the Unfair Competition Prevention and Trade Secret Protection Act, combined with simultaneous injunction and civil damages proceedings, is the right approach.
  • You are under investigation for trade secret misappropriation: Defense counsel must analyze the three trade secret requirements and build a defense strategy from the very start. Initial statements can determine the outcome of the entire case.
  • A patent, copyright, or trademark is being infringed: Depending on the type of infringement, civil and criminal proceedings should be pursued selectively or simultaneously to achieve maximum rights protection.
  • A counterparty has breached a non-disclosure agreement (NDA): Both contractual liability for the NDA breach and liability under the Unfair Competition Prevention and Trade Secret Protection Act can be pursued simultaneously.
  • You want to register a patent, trademark, or design: Through our cooperation with Woo-In Patent & Law Firm, we handle everything from filing and registration through future infringement response as a one-stop service.

Representative Matters

Search & Seizure

First ever Seoul Metropolitan Police Agency search and seizure of a major corporation — represented an SME whose technology was misappropriated by a major corporation, and through a criminal complaint led the first ever compulsory investigation of a major corporation by the Seoul Metropolitan Police

Injunction Win

Trade secret use prohibition injunction — obtained an injunction immediately suspending a departing employee’s use of trade secrets, with a simultaneous non-compete injunction against joining a competitor

Non-prosecution

Non-prosecution at investigation stage — proved that the alleged trade secrets failed to satisfy the confidentiality management requirement and that the information was obtained through legitimate means, securing multiple non-prosecution dispositions

Acquittal

Acquittals in trade secret criminal trials — proved that the alleged information failed to satisfy the three trade secret requirements, obtaining multiple acquittals at trial

Subcontracting Trade Secret

Injunction win and settlement in trade secret misappropriation by a prime contractor against a subcontractor — pursued an injunction and Korea Fair Trade Commission (KFTC) complaint in parallel against a prime contractor’s misappropriation of a subcontractor’s technology, obtaining an injunction and leading the prime contractor to a settlement