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2025 Issue 3

PATENT

The Korean Intellectual Property Office Elevated to Full Ministry Status Effective October 1, 2025, KIPO has been elevated to full ministry status, and will now be known as the Ministry of Intellectual Property (MOIP) under the Prime Minister's Office. Read more Recent IP High Court Decision Awarding Damages for Functionally Related Components The IP High Court, for the first time, included functionally related components in calculating damages, setting an important precedent for future cases. Read more Supreme Court Ruling Clarifies the Scope of the Effect of the Self-Disclosure Exception in Patents and Utility Models The decision enables inventors and creators to assert the prior disclosure exception through more efficient procedures and thereby more effectively safeguard their IP rights. Read more MOIP Lengthens Preliminary Rejection Response Period, Allows Deferred Examination for Divisional Applications Recent amendments to the Enforcement Rules of the Korean Patent Act should provide more time for applicants to take certain actions with their applications during prosecution in Korea. Read more En Banc Supreme Court Rules that Royalties Paid for "Use" of Technology Patented Only Outside Korea Are Now Taxable in Korea, Overturning Decades of Precedent The en banc Decision overturns previous Supreme Court precedents dating back to 1992 in which royalties paid by a Korean tax resident to a U.S. tax resident for the use of patents unregistered in Korea have been consistently determined not to constitute Korean source income under the Treaty. Read more IP High Court Publishes Its Standard Procedures for Reviewing Civil Cases The Standard Procedures contain detailed provisions regarding the parties' discussion on procedural matters, request for information, and hearing procedures. Read more Lee Jae-myung Administration Completes National Agenda Planning The finalized National Agenda framework consists of five major national goals: political unity, an innovative economy, balanced growth, a solid social foundation, and diplomacy and security centered on national interests. Read more

TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION

Melona Prevails: High Court Recognizes Packaging Distinctiveness in Korean Ice Cream Market A recent Seoul High Court ruling in favor of a market-leading ice cream bar brand against a competitor's copycat product is attracting considerable attention across Korea's food industry. Read more Supreme Court Confirms Decision to Dismiss Claim of Plagiarism Against the "Baby Shark" Song The Supreme Court has upheld the lower court's rejection of Johnny Only's claim that the Pinkfong Company's song "Baby Shark" infringed his copyrights and dismissed the American composer's appeal. Read more Amendment to the Design Examination Guidelines Some of the notable changes include correction of the standard practice for evaluating the similarity between entire and partial designs, and standard practice for automobile interior design applications. Read more Supreme Court Rules on Starting Point of Statute of Limitations for Copyright Holder's Unjust Enrichment Claim Against Gaming Company's Unauthorized Use of a Musical Work The Court issued a significant ruling concerning the starting point of the five-year statute of limitations to bring a claim for unjust enrichment in a case where a game company unlawfully used a third party's musical work for nine years. Read more Korean Government Publishes Copyright Guidelines on AI-Generated Content The guidelines address copyright registration for content produced using generative AI; and prevention of copyright infringement by generative AI content. Read more

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

NEWS

Kim & Chang Ranked Again as a Tier 1 Firm in Korea – Managing IP STARS 2025 Kim & Chang Named in IAM Patent 1000: The World's Leading Patent Professionals 2025 Named "South Korea National Law Firm of the Year" – Chambers Asia-Pacific & Greater China Region Awards 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