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2026 Issue 2
PATENT
MOIP Strengthens Patent Examination Standards for Divisional Applications
The Ministry of Intellectual Property of Korea amended its standards for determining double patenting between genus and species invention filed on the same date.
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The Landmark Introduction of a “Korean-style Discovery System” to Eradicate Technology Theft: Enactment of the Revised Act on the Promotion of Mutually Beneficial Cooperation
The Act centers on the introduction of the “K-Discovery System,” designed to significantly improve methods for securing evidence in cases of technology theft.
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Korea’s New “K-Battery” Roadmap: Opportunities & Implications for Global Players
The South Korean government recently unveiled its “K-Battery Competitiveness Enhancement Scheme.” As Korea remains a global hub for battery manufacturing and innovation, this policy shift carries significant implications for international players in the EV and ESS supply chain.
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From EV Cells to ESS Systems: Signals of a Shift in Patents and Liability from Korea
For companies participating in the global battery value chain, this is more than a market adjustment. It also signals a shift in IP exposure, from vehicle-centered cell claims to system-centered claims involving safety, diagnostics, and long-duration operation.
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TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION
First Corrective Order for Publicity‑Rights Infringement under the Amended UCPA
The Ministry of Intellectual Property recently issued its first corrective order for an infringement of publicity rights—specifically, the unauthorized use of distinctive signs such as the portraits and names of celebrities.
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High Bar Remains: Korea’s Supreme Court Tightens “Justifiable Reasons” for Trademark Non-Use
The rulings clarify that subjective or internal circumstances—such as anxiety over potential infringement while an invalidation action is pending, or the mere state of bankruptcy—do not excuse a failure to use a mark.
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Supreme Court Decision Finds Creative Golf Course Designs Eligible for Copyright Protection
The Supreme Court vacated and remanded two related cases concerning whether a golf course, or its design drawings, qualify for protection under the Copyright Act.
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Maximizing IP Protection by Obtaining Both a Design Registration and a 3D Trademark Registration
The Supreme Court’s ruling confirms that the shape of a product can function as a source identifier, and that a party is not precluded from securing a 3D trademark registration simply because they already hold a design registration for that same shape.
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EDITORS Raymis H. KIM, Angela KIM, Inchan Andrew KWON & Cyril K. CHAN
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NEWS
Ranked “Band 1” in All Nine Areas, 44 “Leading Individuals” Recognized – Chambers Global 2026
“Tier 1” in All 17 Practice Areas – The Legal 500 Asia Pacific 2026
Kim & Chang Ranked Among Top Trademark Firms in WTR 1000 2026
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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.

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