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2024 Issue 3

PATENT

Korean Supreme Court Clarifies Meaning of "New Chemical Entity" for PTE Eligibility The Supreme Court issued a decision clarifying that the invention of a PEGylated version of a previously-approved active moiety does not qualify as a "new chemical entity" eligible for PTE, even if the PEGylation affects the pharmacological effect of the previously approved drug. Read more IP High Court Reverses IPTAB's Decisions and Holds Agrochemical Crystalline Form Patents Valid Kim & Chang's Intellectual Property Practice successfully defended the validity of three agrochemical crystalline form patents at the Intellectual Property High Court. Read more In Silico Data as a Basis for Supporting or Denying Patentability in Korea In silico (i.e., computer simulation-based) research techniques are being increasingly utilized in new drug development, aided by advancements in computing power and technologies. Consequently, the extent to which in silico data can be relied upon to support a pharmaceutical invention has increasingly been the subject of debate. Read more Enforcement of Amendments to the Unfair Competition Prevention Act and Patent Act Strengthening Protection for Rights Holders The amendments to the Unfair Competition Prevention Act and the Patent Act include increased criminal penalties, enhanced punitive damages, introduction of stronger administrative measures, and increased availability of evidence in civil proceedings. Read more Amendment and Enforcement of Public Notice on Trade of Strategic Items and Guidelines on Administrative Sanctions for Violators of Export Controls The proposed amendment to the Public Notice on Trade of Strategic Items underwent a public opinion collection process and was officially promulgated on September 5, 2024. On the same day, the MOTIE also announced the Guidelines on Administrative Sanctions for Violators of Strategic Items Regulations and Other Export Controls, which mainly focus on strengthening administrative sanctions for intentional violations, such as circumventions, aimed at evading export controls. Read more

TRADEMARK, DESIGN & UNFAIR COMPETITION

First Application of Punitive Damages for Trademark Infringement in South Korea A South Korean court recently awarded a claimant punitive damages in a trademark infringement case for the very first time. This ruling is expected to significantly impact brand protection strategies and corporate accountability in the trademark sphere. Read more Incheon Customs Seizes Nearly 50,000 Counterfeit Items Purchased From Chinese E-commerce Platforms Chinese e-commerce platforms are becoming increasingly popular among Korean consumers, largely due to the low prices of their products. At the same time, however, the Korean government has been receiving many reports of counterfeit items being sold on these platforms, prompting the government to introduce measures to address the issue. Read more Korea Customs Arrests Counterfeiters Selling Through Social Media Livestream The Korea Customs Service announced that the Incheon Customs Office recently arrested a group of individuals who had been making billions of Korean Won selling counterfeit products through social media live streams on various platforms. Read more

EDITORS Inchan Andrew KWON & Angela KIM

NEWS

Kim & Chang Ranked Again as a Top Law Firm in Korea – Managing IP STARS 2024 "Outstanding" in All 24 Categories and 65 "Leading Lawyers" – asialaw 2024 Ranked in the World's Top 100 Law Firms for the Eleventh Consecutive Year – The Global 200 (2024)

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