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2024 Issue 2

PATENT

IP High Court Awards USD 10 Million in Damages to Foreign Patent Holder for Infringer's Overseas Sales The case centered on a Korean company accused of producing and exporting products that infringe upon Novartis's process patent related to an Alzheimer's disease treatment patch. Read more Korean Court Rejects Biosimilar Company's Defense to Patent Infringement Based on Research and Testing Exemption The Court ruled in a preliminary injunction action that a Korean company's activities conducted before the originator's compound patent expired under the claim of gaining product approval did not fall within the research and testing exemption allowed under the Korean Patent Act. Read more High Court Reaffirms Artificial Intelligence (AI) Cannot Be an Inventor in Korea On May 16, 2024, the Seoul High Court, reviewing the case on appeal from the Seoul Administrative Court, rendered a ruling affirming the Seoul Administrative Court's decision that only a natural person can be an inventor. Read more KIPO's Efforts to Speed up Secondary Battery Patent Examination Intended to Increase Korea's Importance as a Patent Jurisdiction for Batteries KIPO has announced a plan to significantly shorten patent examination periods for secondary battery patents, in part by modifying the expedited examination procedure, and by establishing a dedicated examination department for secondary batteries. Read more Revised Sentencing Guidelines Strengthen Penalties for Trade Secret Misappropriation and Industrial Technology Infringement Crimes In the revised guidelines, the title is amended, "Infringement of Industrial Technology" is added as a new category of intellectual property crime, prison terms are increased, and the standards for suspended sentences for trade secret misappropriation and technology infringement crimes are strengthened. Read more Amendment to Notification Regarding Designation of National Core Technologies The Amendments expand the previous list of 75 technologies in 13 fields to 76 technologies. Read more Enforcement of Recent Amendment to Public Notice on Trade of Strategic Items and Announcement of Draft Upcoming Partial Amendment to Public Notice on Trade of Strategic Items The partial amendment to the Public Notice on Trade of Strategic Items came into effect, and the MOTIE also announced a draft partial amendment to the Public Notice, newly adding 243 items to the items subject to the catch-all license requirement for export to Russia or Belarus. Read more

TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION

Submission of Consent Letters: Guidelines South Korea's long awaited "letter of consent system" was introduced on May 1, 2024, and the related amendments to the Korean Enforcement Regulations of the Trademark Act went into effect on the same day. Read more Copyright in the Age of Artificial Intelligence The Ministry of Culture, Sports and Tourism and the Korea Copyright Commission released Guidelines on Generative AI and Copyright. While not legally binding, the Guidelines provide helpful policy directions for various stakeholders including AI service providers, copyright holders, and AI service users. Read more KIPO's Monetary Incentives for Reporting Online Sellers of Counterfeits The Korea Intellectual Property Office started offering rewards for reporting sellers who offer counterfeit products on two or more online platforms. The person who files a report can receive up to approximately USD 180 per year. Read more

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

NEWS

Former Chief Presiding Administrative Judge of the IPTAB Joins Kim & Chang Kim & Chang Named in IAM Patent 1000: The World's Leading Patent Professionals 2024 Named "South Korea National Law Firm of the Year" – Chambers Asia-Pacific & Greater China Region Awards 2024

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