Showing posts with label litigation. Show all posts
Showing posts with label litigation. Show all posts

One (1) Year Grace Period for Design Application in Korea

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From September 22, 2017, the new Design Protection Act extended the six months grace period to one (1) year . Under the previous De...

The Korean Supreme Court decided Formats of TV Reality Shows May Be Protected under Copyright Law

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Reality Shows do not follow fixed formats. They are not fixed but spontaneous or changeable. The issue addressed by courts in Korea is w...

The Korean Supreme Court Affirmed the Lower Court Decision of Copyright Protection to Pornography

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On June 11, 2015, the Korean Supreme Court affirmed the lower court decision that pornography works may be protected by copyright (case ...

Foreign Parties May Submit Briefs in English and Argue in English for Patent Cases before the Patent Court and the IP Special Court in Korea

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From May 2018, new International Panels for patent lawsuits will be established and foreign parties may submit documents in English and ...

Patent Exhaustion of Method Claims in Korea

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On November 10, 2017, the Korean Patent Court affirmed the lower court decision that the patent right of method claims might be exhausted...

Licensee May Challenge Patent Validity in Korea

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On October 27, 2017, the Korean Patent Court affirmed the IPTAB’ decision that a Licensee may challenge patent validity in Korea. The li...

KFTC reviews Patent License Contracts related to Patent MA Linkage

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Recently the Korean Fair Trade Commission (KFTC) requested pharmaceutical companies to submit information including patent license cont...

Trade secret Infringement Lawsuit on Botulinum Toxin between Medytox and Daewoong Pharmaceuticals

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Two Korean companies have disputed over trade secret theft about Botulinum Toxin for years. Medytox, in cooperation with its U.S. part...

Statutory Damages for Trademark Infringement in Korea

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Under the Korean Trademark Law, a trademark holder in a trademark infringement lawsuit may elect between actual damages and statutory ...

Statutory damages for copyright infringement in Korea

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In principle, a copyright holder in a copyright infringement lawsuit may elect between actual damages and statutory damages. This elect...

Parody Issue in Korea : Hermès International v. Play No More Co. Ltd. Cases

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1. Fact            - Defendant’s Accused Bags with their slogan "Fake For Fun" 2. No Confusion But Disputed Is...

Trade Secret Protection in South Korea

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1. What is Trade Secret under Korean law? “Trade secret” under Article 2.2 of the UCPA of Korea means technical or business informa...

[Patent Infringement Litigation in Korea - 6] Litigation Costs and Attorney Fees

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Official fees for a preliminary injunction action or a permanent injunction action would be small rather than significant. Those would be a...

[Patent Infringement Litigation in Korea - 5] Injunction

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Permanent Injunction An IP right owner will seek to enjoin an infringer at the beginning of a lawsuit through preliminary injunctio...

[Patent Infringement Litigation in Korea - 4] Patent Infringement Litigation Procedures

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  1. Complaint and Answer A patentee may initiate a lawsuit by filing a complaint that includes the parties’ information, prayer of re...

[Patent Infringement Litigation in Korea - 3] Check Points & Actions Must Be Considered Before Enforcement Actions

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Patented claims must be valid and infringed in theory. However such claims are not common in reality. Accordingly a patentee must check str...

[Patent Infringement Litigation in Korea - 2] Claim Interpretation under Korean Patent Law

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1. All Elements Rule The scope of a patent is defined by the elements of a claim. It is well settled that each element in a claim is d...

[Patent Infringement Litigation in Korea - 1] Cease and Desist Letter – Warning Letter

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When a patentee finds his patent right being infringed by a third party, he may send an alleged infringer a cease and desist letter. It...

The Doctrine of Equivalents (DOE) in Korea

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The rationales of the doctrine of equivalents in Korea are basically similar to those of the U.S. Namely, when an accused product or pro...

Practical Points Under Korean Patent law on Joint Ownership of Patent in Korea

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Under the Korean patent law, when there are joint inventors of a single invention, each inventor is entitled to be a joint owner in the ...