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| PATENT |
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| Kim & Chang Successfully Defends Against PTE Challenges at the Supreme Court |
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In a decision issued on November 29, 2017, the Supreme Court conclusively rejected recent generic patent term extension (PTE) validity challenges in Korea based on alternative term calculation and license registration timing proposals put forward by the generics, upholding two Korean Patent Court special panel decisions previously issued on March 16, 2017.
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| Supreme Court Overrules Both Lower Tribunals to Recognize Inventiveness of Enantiomer Selection Invention |
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On August 29, 2017, the Korean Supreme Court issued decisions recognizing the inventiveness of two Novartis patents for the compound and the transdermal composition, covering two products used to treat dementia associated with Alzheimer's disease (Exelon® Capsule and Exelon® Patch). Particularly, the decision regarding the compound patent was noteworthy because not only was this only the second time the Supreme Court has recognized the inventiveness of a "selection invention" in Korea, but in fact both lower tribunals had specifically rejected the inventiveness of the selection invention compound (an enantiomer of a previously-known racemate).
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| Double Patenting Between Genus and Species Claims in Chemical Inventions in Korea |
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Double patenting is defined in Korea as a situation where claims from two patent applications are completely identical or substantially identical. The claims are considered substantially identical if the differences amount to a simple addition, deletion, or modification of well-known or commonly used technologies as a specific means for solving a problem, and do not involve any particular differences in terms of purpose and working effect.
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| New "International Panel" To Be Established in the Korean Courts |
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An amendment to the Court Organization Act (the "Amendment") was approved by the Korean National Assembly on November 24, 2017. This Amendment allows the Patent Court and the District Courts handling IP cases to establish International Panels where parties may present evidence and arguments in a foreign language. Overall, we believe the Amendment will foster a better environment for foreign companies to enforce or defend their IP rights in Korea.
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| Korean Judicial System Ranked First Two Years in a Row by Doing Business 2018 |
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In Doing Business 2018 (a World Bank Group Publication), the Korean judicial system is again ranked first in enforcing contracts. This is the second year in a row that Korea has received this recognition. According to Doing Business 2018, the Korean judicial system ranked high in both speed and quality of the judicial process. Further, Korea received the highest score in the areas of "court automation" and "alternative dispute resolution."
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| TRADEMARK, DESIGN & UNFAIR COMPETITION |
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| The Olympics and Ambush Marketing in South Korea |
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The 2018 PyeongChang Olympic and Paralympic Winter Games are fast approaching, and among the many topics of interest surrounding the Games, the issue of ambush marketing has become a focus of discussion in South Korea.
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KIPO Exercises Its New Enforcement Powers Under the Recently Amended "Dead Copy" Provision of the UCPA Enforcement
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The Korean Intellectual Property Office (KIPO) recently conducted an investigation of a Korean company, Mother Love Inc., for violating the Unfair Competition Prevention and Trade Secret Protection Act (UCPA), and issued a corrective order requiring that they cease the manufacture and sales of their home meal replacement product.
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KIPO Amends Trademark Examination Guidelines and Classification System
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The Korean Intellectual Property Office (KIPO) recently amended its trademark examination guidelines and classification system, effective as of January 1, 2018.
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KIPO Amends Design Examination Guidelines
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The Korean Intellectual Property Office (KIPO) recently amended its design examination guidelines, effective January 1, 2018.
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