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2025 Issue 2

PATENT

Kim & Chang Successfully Obtains Both Injunctive Relief and Monetary Damages for Infringement of Crystalline Form Patents Kim & Chang recently secured an important court decision on behalf of a global chemical company patentee granting an injunction and damages for patent infringement against a defendant company. Read more Shaping PTE Scope in Korea: How Korean Case Law is Defining Patent Protection During PTE Recent Korean court decisions have clarified the scope of patent protection during the patent term extension period, particularly in the context of pharmaceutical products. Read more Supreme Court Holds Patent Non-Use Agreement Valid and Enforceable Despite Subsequent Patent Invalidation Recently, in a case involving an agreement by a defendant not to infringe a competitor's patent, the Korean Supreme Court confirmed that the non-use agreement remained enforceable for the period while the patent was valid, even though the patent was later finally invalidated. Read more Expedited Examination Now Available in More Technology Fields In order to accelerate examination and registration of patent applications in key technology areas that are vitally important to Korea, the Korean Intellectual Property Office continues to overhaul the expedited examination system and expand the scope of patent applications eligible for expedited examination. Read more KIPO Publishes Examination Guidelines for Digital Healthcare Inventions The Guidelines reflect the growth of the global market for digital healthcare and the resulting increase in the number of domestic applications being filed in this area. The Guidelines include several key points expected to be beneficial to companies and practitioners involved in applications for digital healthcare inventions in Korea. Read more KIPO Implements Changes to Further Fast-Track Biotech Patent Applications KIPO announced a restructuring of its examination bureau designed to increase efficiency and expertise in examination for biotech inventions. The restructuring replaces the current biotech examination division with five specialized biotech divisions. Read more Supreme Court Overturns KFTC Decision on the Abuse of a Market-Dominant Position Through the Exercise of IP Rights Representing Siemens Healthineers, Kim & Chang successfully secured a favorable judgment in the Seoul High Court, which was subsequently upheld by the Supreme Court, and the appeal was dismissed. Read more Legislative Update on Proposed Amendments to Korea's Industrial Technology Protection Framework: MOTIE Announces Proposed Rulemaking to the Enforcement Decree and Rules of the Industrial Technology Protection Act The amendments aim to enhance the systemic management of industrial technologies, including national core technologies by addressing gaps in the current framework. Read more New Formal Drug Data Protection System Introduced in Korea The Ministry of Food and Drug Safety implemented a new system for protecting clinical data submitted for an original drug's marketing authorization, replacing the previous drug re-examination system (which only provided de facto data exclusivity), and also amended the Regulation on Safety of Pharmaceuticals. Read more KIPO Report on "100 Selected Patents on Battery Fire Safety Technology" The report highlights key patents aimed at enhancing the safety of secondary batteries amid rising concerns over electric vehicle fires. This report reveals significant patent activity in areas like battery insulation and electrode explosion prevention, with major contributions from companies such as LG Energy Solution and Samsung SDI, underscoring the importance of continued innovation in battery fire safety. Read more

TRADEMARK, DESIGN & COPYRIGHT

Amendment to Trademark Act to Combat Influx of Counterfeit Imports A recent amendment clarifies the legal ambiguities that previously limited the ability of customs authorities to effectively intercept counterfeit goods supplied by overseas sellers. Read more Amendments to the Korean Design Protection Act The amendments include a number of major changes such as new rejection grounds for designs subject to partial examination, an additional opposition period after partial examination, and a streamlined court process for resolving disputes over design ownership. Read more High Court Dismisses Copyright Infringement Case Concerning Golf Courses, Based on Lack of Sufficient Creativity Required for Copyright Protection A recent ruling has drawn attention as the Court determined that golf courses which served as models for 3D videos for screen golf simulators, failed to meet the creativity standard and thus could not be protected as copyrighted works. Read more

EDITORS Inchan Andrew KWON, Raymis H. KIM & Angela KIM

NEWS

Former LG Display General IP Counsel and Former Amorepacific Head of IP Join Kim & Chang Ranked "Band 1" in All Nine Areas, 41 "Leading Individuals" Recognized - Chambers Global 2025 Kim & Chang Ranked Among Top Trademark Firms in WTR 1000 2025

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 update 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. © 2025 Kim & Chang