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PATENT
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| Punitive Damages and Other New Enforcement Provisions Now In Force for Patent and Trade Secret Cases in Korea |
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We previously reported regarding new amendments to the Patent Act and Unfair Competition Prevention and Trade Secret Protection Act that were announced last winter, which were designed to enhance enforcement of patent rights and protection of trade secrets in Korea. These amendments have now become effective, as of July 9, 2019.
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| Current Status of Korean Patent Cancellation System and the Implications |
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It has been over two years since the patent cancellation system was introduced in Korea on March 1, 2017. Based on our extensive experience in handling patent cancellation cases thus far, we evaluate the Korean Patent Cancellation System in detail.
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| Supreme Court Holds that Licensees Have Standing to File Patent Invalidation Actions Against Licensed Patents |
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Per the Korean Supreme Court's February 21, 2019 en banc decision, licensees are now "interested parties" entitled to file invalidation actions against their licensed patents, effectively overturning prior decisions to the contrary.
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| Supreme Court Rules that the First Sale Doctrine Also Exhausts Process Patents |
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In a significant recent decision, the Korean Supreme Court expressly recognized that the first-sale doctrine applies to exhaust not only apparatus patent rights covering a patented product that is sold, but also any process patents that are substantially embodied in the product.
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| Korean Patent Court Clarifies that Product Approvals Under the Narcotics Control Act Also Are a Valid Basis for Patent Term Extension |
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Patent term extensions (PTEs) for regulatory approval delays were introduced into Korea in 1987, but there are a number of areas of uncertainty that remain unresolved in the PTE legal system to this day. The Patent Court recently rendered a decision clarifying one of these areas, by overturning the final rejection by the Korean Intellectual Property Office of a PTE application that was filed on the basis of a psychotropic drug for treatment of obesity that was approved under the Narcotics Control Act, as opposed to the Pharmaceutical Affairs Act which governs most drug approvals in Korea.
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| KIPO Expands the Scope of "Fourth Industrial Revolution" Technologies Eligible for Expedited Examination |
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Last year, we reported that the Korean Intellectual Property Office (KIPO) introduced expedited examination for technologies designated as "Fourth Industrial Revolution" (4IR) technologies, including artificial intelligence, internet of things, 3D printing, autonomous vehicles, cognitive robotics, Big Data, and cloud computing. In a follow-up development this year, KIPO announced the expansion of 4IR technologies to include: (i) smart cities; (ii) virtual and augmented reality; (iii) first-in-class drugs; (iv) new and renewable energy; (v) customized healthcare; (vi) drones; (vii) next generation communications; (viii) intelligent semiconductors; and (ix) advanced materials.
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| KIPO Announces Reductions to Some Official Fees |
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KIPO has promulgated a new Enforcement Rule of Payment of Patent Fees (effective July 9, 2019) that provides for discounts to certain official fees relating to patent, design, utility model, and trademark applications in Korea.
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TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION
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| Encouraging News for Owners of Products with Famous Shapes |
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The Intellectual Property Trial and Appeal Board recently recognized the distinctive nature of Van Cleef & Arpels' 3D mark in Class 14 (the clover design of the famous Alhambra jewelry line) and Hermès' 3D mark (the famous BIRKIN bag), based on their acquired fame in the Korean market.
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Good News for Joint Trademark Owners in Korea
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Beginning October 24, 2019, renewal requests for registered trademarks owned jointly by several owners can be filed by any one of the joint owners alone. This amendment to the Trademark Act was published on April 23, and is meant to ease the burden of joint trademark owners, who are currently required to file such renewal requests jointly.
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Supreme Court Rejects Expanded Liability of Online Service Providers for Copyright Infringement
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On February 28, 2019, the Korean Supreme Court issued a notable ruling regarding the liability of online service providers for aiding and abetting in the infringement of a copyright.
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Supreme Court Rules that Copying of Video Game Rules Can Constitute Copyright Infringement
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On June 27, 2019, the Korean Supreme Court held that Defendant Avocado Entertainment Inc.'s Forest Mania game infringed Plaintiff King.com Limited's copyrights on its Farm Heroes Saga game, finding substantial similarities between Plaintiff's Game and Defendant's Game. The ruling is significant because this is the first time the Supreme Court has acknowledged copyright infringement based primarily on video game rules and mechanics.
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Design Protection Act Amendment Will Allow Correction of Inventor Information After Notice of Allowance
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The Korean Intellectual Property Office recently announced proposed changes to the Enforcement Regulation of Korean Design Protection Act, which are likely to go into effect in October 2019.
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