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PATENT
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Korean Supreme Court Loosens Criteria for Patentability of Polymorph Inventions
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In a significant recent decision, the Korean Supreme Court reversed a Patent Court decision upholding a Final Rejection of a patent application on a crystalline form of a known macrolide compound.
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New Patent Applicant/Owner-Friendly Amendments to the Korean Patent Act
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The recently-announced amendment to the Korean Patent Act implements several significant changes that are likely to enhance convenience and protection of rights for applicants and patentees.
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Legal Amendments to Further Enhance Protection for Utility Models
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The amendment to the Korean Utility Model Act gives authority to the Police to investigate and refer utility model infringers to the Prosecutors Office for criminal indictment.
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KIPO Special Judicial Police on the Rise – Especially for Trade Secret Matters
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The Special Judicial Police, a division of the Korean Intellectual Property Office, has recently been reorganized and expanded, and an amendment was proposed to further expand the scope of its authority.
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Korean IP Creation Continues to Increase Despite COVID-19
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Despite the prolonged COVID-19 pandemic, Korea has maintained its status as an active jurisdiction for IP application filings, while Korean companies have continued to actively file IP applications worldwide.
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KIPO Publishes Examination Guidelines for Autonomous Vehicle Inventions
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The Guidelines are intended to improve quality and predictability of examination standards in this field of autonomous driving technology.
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KIPO Publishes Examination Guidelines for Intelligent Robot Inventions
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The Guidelines' purported goal is to address the need for clarity in examination standards for intelligent robot technologies.
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KIPO Publishes Examination Guidelines for 3D Printing Inventions
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The Guidelines are focused on providing clear standards to determine whether two or more prior art references could be easily combined to decide lack of inventiveness for 3D printing inventions.
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New Regulations Proposed for Companies in Strategic High-Tech Industries in Korea
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The Ministry of Trade, Industry and Energy recently announced a proposed Subordinate Regulations for the Act on Special Measures for Strengthening the Competitiveness of National High-Tech Strategic Industries, bringing greater clarity as to how they will be applied.
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Supreme Court Rules that Royalties Paid to U.S. Entities for Foreign Know-How, Unlike Foreign Patent Rights, Are Taxable in Korea
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The Supreme Court has reaffirmed its precedents by holding in two recent cases that royalties paid by a Korean licensee for patents not registered in Korea do not constitute Korean source income, and therefore are not subject to Korean withholding tax.
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KTC Issues First Monetary Fines Against Foreign Entities for Selling Infringing Goods
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Previously, sanctions against foreign entities were limited to injunctions while administrative fines were assessed only against Korean entities.
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Foreign Judgments Awarding Exemplary Damages May Now Be Enforceable in Korea
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For the first time, the Korean Supreme Court confirmed that a foreign damages judgment from the US was enforceable in Korea even though the judgment included an award of substantial exemplary damages to the plaintiff.
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