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2024 Issue 4 & 2025 Issue 1

PATENT

The Korea Trade Commission – Introduction and Recent Developments The paper summarizes the structure and operation of the Korea Trade Commission (KTC), including some recent developments and statistics relating to the KTC. Read more "Exports" to be Included as Patent or Utility Model Infringing Acts The definitions of "practice of an invention" and "practice of a utility model" have been revised to recite "manufacturing, using, assigning, leasing, importing, or exporting." Read more Changes to Korean Patent Term Extension System Coming Into Effect in July 2025 The Amendment will apply to PTE applications based on product approvals issued on or after that date. Read more Notable Changes to the Enforcement Rules of the Korean Patent Act and IPTAB Practice The new enforcement rules include restrictions on adding or correcting inventors, mandatory disclosure requirements for the inventors' nationality and country of residence, and changes to the examination order of divisional applications. Read more Supreme Court Rules That Infringement Damages Must Be Separately Assessed for Each IP Right Asserted in Infringement Litigation In a recent case involving infringement on a licensee's right to multiple intellectual property rights, Kim & Chang successfully represented the appellant in the Supreme Court. Read more IP High Court's First Decision on Enhanced Damages for Willful Infringement This decision, which became final and conclusive after the defendant waived its right to appeal, provides clear guidance for awarding enhanced damages. Read more Abusive Patent Lawsuits Expressly Added to KFTC Unfair Trade Practice Review Guidelines as Example of Illegal Conduct The Guidelines have been amended to add filing abusive patent lawsuits as a specific example of illegal conduct constituting "unfair solicitation of customers." Read more Korea Moves to Safeguard Its Technologies: Statutory Amendment and the Comprehensive Protective Plan The Proposed Amendments aim to enhance the management of industrial technologies, including "national core technologies," and expand the scope of punishable infringing acts. Read more

TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION

Refurbishing Can Constitute Trademark Infringement The Korean IP High Court took its first look at the emerging trend of refurbishing, upcycling, and transforming used goods and provided a reminder that new trends do not mean that IP rights should be overlooked. Read more Key Changes to the Korean Trademark Law to be Enacted in July 2025 Under the Amendment, the trademark opposition period will be shortened to 30 days; and the limit on punitive damages for intentional trademark infringement will be raised. Read more Recent Changes to the Design Protection Act and Design Practice The changes include an amendment to the Design Protection Act, increasing the amount of punitive damages available for willful infringement of registered designs. Additionally, the IPTAB can now grant design registrations in certain cases. Read more Introduction of Labeling Obligation, Etc., of the AI Framework Act as Passed by the National Assembly The Act includes provisions relating to the establishment of a system for promoting trustworthy AI development, supporting and fostering the AI industry, and creating a foundation to ensure the safety and reliability of high-impact AI and generative AI. Read more

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

NEWS

Winner of "Country Firm of the Year Awards: South Korea" for the 19th Consecutive Year – Lexology Index Awards 2024 Ranked "Band 1" in 18 Areas, 90 "Leading Individuals" – Chambers Asia-Pacific 2025 "Korea Law Firm of the Year" for 12 Years in a Row – ALB Korea Law Awards 2024

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