"The Last Line of Defense for National Core Technology"... Prosecutor Park Kyungtaek Takes on 'Patent Trolls' [Interview]

Park Kyungtaek, Head Prosecutor of the Information Technology Crime Investigation Division at the Seoul Central District Prosecutors’ Office

Specialist prosecutors and investigators with science and engineering backgrounds or patent attorney qualif

"Leaking a company's patent defense strategy is like placing bets in a poker game after seeing your opponent's hand. From a corporate perspective, it means the other party already knows which patents will be attacked and how, as well as to what extent they can push you during negotiations."

Park Kyungtaek, Chief Prosecutor of the Information Technology Crime Investigation Department at the Seoul Central District Prosecutors' Office, is posing after an interview with The Asia Business Daily. Photo by Yoon Dongju

On April 15, Park Kyungtaek, Chief Prosecutor of the Information Technology Crime Investigation Department at the Seoul Central District Prosecutors' Office, explained the gravity of the Samsung Electronics patent information leak case in an interview with The Asia Business Daily. The Information Technology Crime Investigation Department is known as the "last stronghold" for protecting the nation’s core technologies, with specialists from science and engineering backgrounds or those holding patent attorney qualifications assigned to key investigations.

◆ 'Patent Hunters' Who Read Corporate Strategies

This case involves a former Samsung Electronics IP Center employee who transferred internal patent analysis documents to an external patent management company (NPE). Based on this information, the recipient was able to secure a settlement of approximately 44 billion won from Samsung Electronics.

Chief Prosecutor Park cited "the exposure of strategy" as the fatal risk of IP Center data leaks for companies. The leaked materials contained detailed company positions on specific patent risks and corresponding countermeasures. The party obtaining such data could identify the company's vulnerabilities and anticipated payment amounts in advance, using this knowledge to mount targeted attacks.

Chief Prosecutor Park pointed out, "While NPEs originally serve the positive function of protecting the patent rights of small and medium-sized enterprises, exploiting internal information obtained through illicit means for negotiation purposes runs counter to the intent of the patent system." He explained that these actions force companies to divert funds intended for research and development (R&D) into unnecessary legal disputes and settlements, ultimately undermining the nation’s industrial competitiveness.

◆ Uncovering Deeply Hidden Evidence

Increasingly sophisticated criminal methods and evidence destruction pose major challenges for investigative agencies. Chief Prosecutor Park remarked, "Because the offenders are often science and engineering professionals, they are much more meticulous than ordinary people in erasing traces and hiding data deep within servers, making evidence concealment particularly thorough."

The ability to break through such advanced "forensic hide-and-seek" relies on the accumulated investigative expertise and professional workforce within the prosecution. The Information Technology Crime Investigation Department continues to build investigative know-how by assigning personnel with high technical literacy, such as those with science and engineering majors, to long-term roles in specialized fields.

Park Kyungtaek, Head Prosecutor of the Information Technology Crime Investigation Division at the Seoul Central District Prosecutors' Office, is being interviewed by The Asia Business Daily. Photo by Dongju Yoon

The lenient penalties for technology leakage crimes and the difficulty in calculating the amount of damages remain practical issues. Chief Prosecutor Park explained, "For example, when a single DRAM technology is stolen, it is difficult to prove the impact on the overall product profits, which leads courts to take a conservative approach in recognizing damages." Nevertheless, through continued advocacy, the prosecution has succeeded in prompting the Supreme Court’s Sentencing Commission to recommend harsher sentences for technology leakage crimes.

Chief Prosecutor Park declared, "We will continue to respond firmly to illegal acts that cause irreparable losses to the national economy by establishing the principle that technology leakage crimes will invariably be detected and all illicit gains will be confiscated."

This content was produced with the assistance of AI translation services.