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Intellectual Property Litigation

“Market-leading group that regularly acts for well-known multinational corporations
in high-value litigation before the Korean courts.”
– Chambers Asia-Pacific 2019

Overview

At Kim & Chang, attorneys with extensive knowledge and experience in patents, utility models, trademarks, design, copyright, trade secret and unfair competition lawsuits work in conjunction with patent attorneys, foreign IP attorneys, patent engineers, trademark paralegals and technical advisers to represent clients in intellectual property cases.  

Protection of a company’s intellectual property rights are becoming increasingly important in today’s business management practices.  A company’s intellectual property is a valuable asset that directly affects its ability to innovate and compete in the market.  Kim & Chang’s Intellectual Property Litigation Practice is more than capable of defending and championing companies embroiled in intellectual property rights disputes.

Unrivaled Expertise Provided by Industry-Specific Specialists

Our Practice, comprised of attorneys, patent attorneys, foreign counsel and professional staff from diverse backgrounds and experiences, assembles a customized team dedicated specifically to each client’s case, thus providing clients with legal advice best suited to each client’s needs.  As the premier and largest law firm in Korea, we have the expertise and human capital to tackle any complex and technically challenging case.

One-Stop Service that Solves Various Legal Issues

In order to meet the demands of increasingly diverse and complex intellectual property cases involving multiple disciplines, we work closely with other practices at Kim & Chang, including Corporate, Mergers & Acquisitions, Antitrust & Competition, Product Liability, Finance, Labor & Employment, and Tax.  As a result, we are able to provide complete and comprehensive legal solutions to our clients, effectively and efficiently, as a convenient one-stop service law firm.

Excellence in Complex International Cases

We pride ourselves on our talented local professionals fluent in languages other than Korean including, but not limited to, Chinese, English, French, German and Japanese.  We also employ the largest number of foreign counsel among Korean law firms.  We have established ourselves as the premier law firm in Korea for successfully representing both international and domestic disputes across multiple disciplines, earning global praise for excellence in complicated international cases.

Key Servicesshow

Patents, Utility Models and Technology

Our Intellectual Property Litigation Practice’s extensive expertise has allowed us to accumulate vast knowledge and experience in cases involving patents, utility models, trade secrets and safeguarded technologies in all technical areas, including electronic, chemical and machinery.  Regarding these technical areas, we have developed specialized experience in semiconductors, electronic components and parts, display equipment, telecommunication, computer hardware and software, business models, pharmaceuticals, organic and inorganic chemistry, analytical chemistry, agro-chemicals, food, polymer, metal engineering, energy and environmental engineering, equipment (general/precision/control/measurement/laboratory), medical equipment, automobiles, aircrafts, ships, marine facilities, mechatronics, nanotechnology, steel manufacturing and refining technology, alloying technology, molding technology, optics, air conditioning equipment and refrigerators, energy and environmental technology, civil engineering and construction equipment and technology, office automation information systems, factory automation systems, micro-electro-mechanical systems, home appliances and manufacturing technology, semiconductor manufacturing and testing equipment.  

 

Trademark, Design, Copyright, Entertainment/Sports/Leisure, and Unfair Competition Prevention

Kim & Chang is an industry leader with our substantial experience in litigation, arbitration, licensing, enforcement and customs as we relate to cases involving trademark, design, copyright, entertainment, sports, leisure and unfair competition prevention.

 

The Internet and Other New Categories

An increase in electronic interactions has given rise to a substantial increase in Internet disputes.  Our extensive experience with fraud, cyber-squatting, online copyright infringement and domain disputes advance our Practice’s efforts in providing top-quality legal services to our clients at a reasonable price.  Further, we have an excellent track record in new types of disputes involving the Korea Fair Trade Commission (KFTC), Korea Trade Commission (KTC), employment agreement disputes stemming from intellectual property rights, deposition support in the US, and discovery review on evidentiary documents prior to trial by using US counsel and reviewers with extensive experience. 

Key Experiencesshow

Most of Kim & Chang’s corporate clients possess cutting-edge technologies at the forefront of their respective fields.  We have successfully represented our clients and have become a domestic leader in intellectual property rights disputes.  As Korean companies have spread their influence in the global market with industry-leading technologies, an increasing number of domestic companies have become involved in international disputes.  Our Practice has an excellent track record in such international disputes and has garnered respect both domestically and internationally.

 

The following is a brief overview of our representative work:

 

  • Patent infringement lawsuit between Taihan Electric Wire and LS Cable and System involving optical fibers cable related technology.
  • Patent infringement/invalidation lawsuit between Yuhan Corporation and an Irish company involving active substance for treatments for hypertension.
  • Patent infringement and trade secret piracy lawsuit between SKC and Arkema involving solar module films.
  • Patent infringement/invalidation lawsuit between Osram and LG/Samsung involving LEDs.
  • Patent infringement dispute between Dell International and Litonics (NPE) involving LCD panels.
    - Successfully defended NPE’s first patent infringement dispute involving the Korea Trade Commission.
  • Patent infringement/invalidation lawsuit between Purdue Pharma and Hana Pharm involving pain relievers. 
    - First time a Korean court acknowledged an in vivo profile patent.
    - First time a Korean pharmaceutical company recovered the price of its medicine.
  • Patent infringement dispute between Rohm & Haas and SKC involving CMP pad technology.
    - Court acknowledged infringement claims on the grounds of indirect infringement (which provided a new legal principle for the requirements of indirect infringement).  
  • Patent infringement lawsuit between Mitsubishi Chemical and Intematix involving red phosphor.
  • Patent invalidation dispute between Eli Lilly and Hanmi Pharm involving schizophrenia treatment.
    - First time a Korean court acknowledged selective invention patent.
  • Patent invalidation lawsuit for LMS regarding 3M’s LCD prism films.
    - Resulted in judgment specifically demonstrating potential hindsight bias upon judgment of inventiveness. 
  • Petition for injunction in a trademark infringement case between Agatha and Swarovski.
  • Lawsuit involving Jangsoo Industry and Jangsoo Dol Chimdae for violation of the Unfair Competition Prevention and Trade Secret Protection Act.
    - Appellate court agreed with our client and acknowledged the Jangsoo Dol Chimdae trademark reversing the judgment of lower court and remanded.  
  • Trademark invalidation dispute between P&G and Biocoz. 
  • Trademark invalidation dispute between Tiffany and similarly designed registered trademarks.
    - Trademarks similar to “Tiffany” (well-known for its jewelry) were registered on “Beddings” et al.  Such trademarks were invalidated on grounds of illegal imitation because the court was persuaded by our argument that an illegal purpose existed.
  • Trademark invalidation dispute between Coach and similar registered trademarks.
    - Coach’s trademark, which was launched in Korea for less than a year, was deemed sufficiently well known domestically to warrant protection.  A registered trademark partially imitating Coach’s trademark was found null and void.

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