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2023 Issue 1

PATENT

Korean Supreme Court Again Warns Against Hindsight Bias in Reviewing Numerical Limitation Inventions The Supreme Court emphasized that the disclosure of prior art references must be interpreted in a complete and organic way to avoid improper hindsight. Read more Korea Considers How to Address Creative Works by Artificial Intelligence Can artificial intelligence (AI) be an inventor? The Korean Intellectual Property Office recently dealt with this issue in a Korean patent application which named an AI called "DABUS" as an inventor. Read more KIPO Improves Examination Guidelines for 4th Industrial Revolution Technologies The Korean Intellectual Property Office has categorized the technologies into key technologies and "convergence technologies." Read more KIPO Publishes Examination Casebook for Autonomous Vehicle Inventions Based on Its Recent Examination Guidelines The Casebook provides valuable insight into how Korean Intellectual Property Office applies the Guidelines in practice. Read more More Criminal Investigations and Heavier Punishments for Misappropriation of Trade Secrets and Industrial Technologies in Korea Leakage of trade secrets or industrial technologies have gained much attention over the past few years as the country becomes home to more and more advanced and competitive technologies. Read more Non-Compete Agreements in Korea The US Fair Trade Commission recently proposed a ban on non-compete agreements with "workers". In view of these potential changes in the US, we have also reviewed the Korean practice on non-compete agreements with employees. Read more

TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION

Korea Is Poised to Allow Letters of Consent for Trademark Co-Existence A bill amending the Korean Trademark Act was submitted to the National Assembly to introduce a system that would permit the use of consent letters to overcome rejections based on citations of senior trademarks. Read more MOJ Announces Bill to Establish the "Right of Publicity" in the Civil Code According to the MOJ, the Proposed Amendment seeks to clarify the ambiguities in the current Civil Code, which has led to an increasing number of disputes concerning the right of publicity, such as its duration and validity after the individual's death. Read more Partial Rejections and Re-Examination System Now Effective in Korea The introduction of partial rejections and a re-examination system is expected to make the registration process more convenient for applicants and enhance their chances of properly securing their rights. Read more Can a Well-Known Mark Owner Raise a Consumer Confusion Claim Against a Good Faith Prior User? Under the current version of the UCPA, anyone who violates the consumer confusion provision may be liable for a violation even if that person used the mark in question in good faith before the mark became well-known. Read more Supreme Court Sets Limits to "Freedom to Operate" Defense in Design Cases The Supreme Court recently rendered landmark decisions that delimit the extent of the "freedom to operate" defense in relation to design matters. Read more The Impact of Design Classification Changes on Partial Examination As a result of KIPO's official implementation of the 14th Edition of the Locarno Classification, the classification of certain industrial designs has been changed. Read more Korea Customs Service Publishes 2021 Annual Report on IPR Seizures According to the report, due to implementation of measures to enhance detection of infringement, the number of IPR-infringing seizure cases has dropped significantly over the past five years. Read more Trademark and Compliance Issues Flagged in Korean Customs' Crackdown on Illegal Direct Overseas Purchases The Korean Customs Service released a report after conducting a special 10-week crackdown last year over a period covering China's Singles' Day and the American Black Friday holiday. Read more The Korean Patent Court Will Now Be Called the "Intellectual Property High Court" in English The English name for the specialized appellate court for intellectual property cases in Korea, formerly known as the Patent Court, was officially changed to the "Intellectual Property High Court." Read more

EDITORS Inchan Andrew KWON, John J. KIM & Raymis H. KIM

NEWS

Ranked "Band 1" in All Nine Areas, 38 "Leading Individuals" Recognized – Chambers Global 2023 Kim & Chang Ranked Among Top Trademark Firms in WTR 1000 2023 Opening of Kim & Chang's Hanoi (Vietnam) Office

INTELLECTUAL PROPERTY Jeongdong Building, 17F, 21-15 Jeongdong-gil, Jung-gu, Seoul 04518, Korea T +82 2 2122 3900  |  F +82 2 2122 3800/741 0328  |  www.ip.kimchang.com  |  ip-group@kimchang.com   This legal updates is provided for general informational purposes only and should not be considered a legal opinion of KIM & CHANG nor relied upon in lieu of specific advice. Recipients of this publication, whether clients or otherwise, should not act or refrain from acting on the basis of any information included in this publication without seeking appropriate legal or other professional advice. For more newsletters and legal updates of KIM & CHANG, please visit our website - www.kimchang.com or www.ip.kimchang.com [UNSUBSCRIBE] If you do not wish to receive our e-mail service, please click here. © 2023 Kim & Chang