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2025 Issue 4 & 2026 Issue 1

PATENT

Supreme Court Clarifies Interpretation of Functional Claim Language in View of Prosecution History of a Parent Application The Court held that a divisional patent claim based on a functional term must be narrowly interpreted if the claim does not specify concrete structural elements of the term and the specification only discloses narrow embodiments. Read more Supreme Court Upholds Jurisdiction over Foreign Corporation for Vicarious Criminal Liability in Trade Secret Misappropriation by Its Korean Employees This decision is the first case in which the Supreme Court has established its rationale for determining whether Korean court's jurisdiction applies to a foreign corporation under the vicarious liability provisions. Read more Navigating Battery Market Turbulence—Strategic IP Defense and Competitive Positioning for Battery & Materials Firms Amid intense competition, slowing EV adoption, and shifting subsidy regimes, leading players are turning to IP as a strategic tool to protect revenues and control competitors in an increasingly volatile global battery market. Read more Amendments to the Industrial Technology Protection Act in Korea: Expanded Coverage and Strengthened Court Order Procedures The amendments designate core strategic materials, parts, and equipment technologies as protected industrial technology and clarify court-ordered material submission procedures in industrial technology infringement or information leakage litigation. Read more

TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION

Registration for Hewlett Packard Enterprise's Element Logo Obtained on the Basis of Acquired Distinctiveness The trademark application for the Element Logo, which was initially rejected but later recognized, represents a significant win, as successfully demonstrating secondary meaning under Korean practice remains very challenging. Read more Rimowa's Successful Invalidation of Earphone Case Designs The IP High Court's invalidation of two design registrations confirms that a brand's core design identity, such as Rimowa's parallel-groove pattern, can be protected across product categories. Read more Dentist Ordered to Pay Enhanced Damages for Infringing a Neurosurgeon's Service Mark The IP High Court's recent decision marks one of the earliest judicial applications of enhanced (punitive) damages for willful trademark infringement. Read more Amendments to the Korean Design Examination Guidelines Key changes include new rejection grounds for designs subject to partial examination, an extended opposition period for parties who receive an infringement notice, and greater flexibility in titling partial designs. Read more The National Assembly's Culture, Sports and Tourism Committee Approves an Amendment to the Copyright Act to Address Pirated Content As the Korean government steps up to protect and globalize K culture, the approved amendment would make link sharing an independent infringement, grant greater authority to block pirated content, and allow punitive damages up to five times. Read more

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

NEWS

Winner of "Country Firm of the Year Awards: South Korea" for the 20th Consecutive Year – Lexology Index Awards 2025 Ranked "Band 1" in 17 Areas, 94 "Leading Individuals" – Chambers Asia-Pacific 2026 "Korea Law Firm of the Year" for 13 Years in a Row – ALB Korea Law Awards 2025

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