Legal Q&A
Q
Views39,937
I understand that provisional attachment usually applies only to things like real estate, claims, or a jeonse right (right of lease on a deposit basis), but can I also apply for a provisional attachment on intellectual property rights such as patent rights, copyrights, or trademark rights? If I want to apply for such a provisional attachment, how long does it take and what is the procedure? I would like to get help from an attorney specializing in intellectual property rights.
attorney specializing in intellectual property rights
infringement of intellectual property rights
Answer
Published:
Author : Kuk Il KIM
Hello.
Because a provisional attachment can be applied for with respect to any property right for which a right to be preserved is recognized, a provisional attachment can also be applied for on intellectual property rights.
Intellectual property rights for which a provisional attachment can be applied for
▶ Patent rights
▶ Utility model rights
▶ Trademark rights
▶ Design rights
▶ Copyrights
However, a provisional attachment cannot be applied for with respect to the author's moral rights.
The author's moral rights are rights that protect the personal and mental interests an author has in their work, and the right of publication, the right to indicate one's name, and the right to maintain integrity constitute the author's moral rights.
If an application for a provisional attachment is filed, its lawfulness is examined, and after the court's review, a decision on the provisional attachment is issued.
Accordingly, in order to collect and submit appropriate supporting materials, it is important to prepare by consulting an attorney specializing in intellectual property rights.
Afterward, if a decision on the provisional attachment of intellectual property rights is issued, you must be mindful, because depending on the outcome of the suit on the merits, it may lead to compulsory execution or attachment.
As such, a provisional attachment can be applied for not only on property commonly regarded as subject to provisional attachment but also on any property right for which a right to be preserved is guaranteed, so you may wish to consult an intellectual property rights attorney regarding related matters.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ cases handled per month
* 2025년 월평균 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
MoreKey Case Results
MoreDefending Against Design Right Infringement by Advising on the Reply to the Certified Content Mail
Client Sued for a Large Amount of Damages for Trademark Infringement Obtains a Reduction of the Claim
Assisting a Client Sued in a Copyright Lawsuit and Obtaining a Reduction of Half the Claimed Amount
Related Practice Areas
MoreAll fields At a glance
1/0