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2023 Issue 3

PATENT

KIPO's Proposed Change of Official Fees Is Now Effective Amendments to the Korean Enforcement Rule on Collection of Patent Fees became effective, resulting in changes to official KIPO fees including request for examination fees, annuity payments, and fees for filing divisional applications, among others. Read more Korean IP High Court Reaffirms Foreign Clinical Trial Periods Should Be Included in PTE and That KIPO Policy Should Be Eased The Korean IP High Court rendered an important decision in the ongoing invalidation litigation relating to Novartis' Galvus® product, implying that KIPO should be more inclusive in compensating for delays due to drug approval procedures by allowing additional patent term extension. Read more Korean Courts Enforce Generic's Obligation to Pay Royalties in Exchange for Data Provided Under a Joint Development Agreement The courts' decisions were on the basis that the royalties were consideration in exchange for the right to sell products based on R&D data provided by the other company pursuant to a joint pharmaceutical development agreement in order to obtain drug approval, and not for the grant of a patent license. Read more Can Artificial Intelligence (AI) Be an Inventor in Korea? Recently, the Korean court issued a decision denying that AI qualifies as an inventor. Read more Changes to the IPTAB Proceedings to Allow Third Party Participation and Promote Efficiency The amendments introduce a third party trial witness system and allows the Intellectual Property Trial and Appeal Board (IPTAB) to unilaterally amend obvious errors in petitions for trial in IPTAB proceedings. Read more

TRADEMARK, COPYRIGHT & UNFAIR COMPETITION

A Letter of Consent System Is Among the Notable Amendments to the Korean Trademark Act Coming Into Effect Next Spring The amendments will be promulgated soon and are expected to come into effect around April 2024. Read more Amendment to UCPA That Protects Good Faith Prior Users Entered Into Force on September 29, 2023 The amendment includes a provision to allow those who first used a trademark identical or similar to another person's well-known mark in Korea without improper purpose to continue using the trademark. Read more IP High Court Rules "SWEET SAPPHIRE" Is a Trademark, Not a Generic Grape Variety The IP High Court has ruled that the grape brands "SWEET SAPPHIRE" and "BLACK SAPPHIRE," are valid trademarks of International Fruit Genetics LLC. Read more Korea to Introduce an Artist's Resale Right Through the Enactment of the Art Promotion Act The bill is to provide a separate legislation dedicated to supporting the fine arts ecosystem. Read more

EDITORS Inchan Andrew KWON, Raymis H. KIM & Cyril K. CHAN

NEWS

Kim & Chang Ranked Again as a Top Law Firm in Korea – Managing IP STARS 2023 Kim & Chang Recognized in Eight Categories Including "Intellectual Property Firm of the Year" – asialaw Awards 2023 Only Korean Firm in the World's Top 100 Law Firms Ranking – The American Lawyer's The Global 200 (2023)

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