Need for Korean Patent Application

1. Korea Has an Attractive Market with a Respectable Size.

i. In 2013, Korea has a sizable market, and is currently the 13th largest economy in the world. Moreover, Korea is in the midst of broadening its scope of trades, as well as increasing the size of such trades through Free Trade Agreements (FTA) with the United States, Europe, China, Japan, and more.

ii. Current Status of FTA
Since entering into FTA with the United States in 2012, and with the European Union in 2011, the size of trades between Korea and the US and the EU is continuing to increase. Korea is in the process of entering into FTA with China and Japan as well.

2. Numerous International Companies Are Currently Applying for Patent Protections in Korea. 

i. In 2012, the number of Korean patent applications reached approximately 190,000 – this makes Korea the 5th largest nation in the world, in terms of number of patent applications. Approximately 40,000 applications – 21% of the total 190,000 applications – are submitted by foreign companies, reaffirming Korea’s status as a convenient forum for patent protection.

ii. In addition, 11,000 applications – accounting for approximately 25% of the 40,000 patent applications by foreign companies – were filed by American companies.

3. The Korean Intellectual Property Office (KIPO) Is Highly Trusted Internationally, And Is Appointed To Be The PCT International Searching Authority in Approximately 1/3 Of The U.S. PCT Applications.

   

Year	2007	2008	2009	2010	2011
PCT application in USA	54,042	51,642	45,627	45,008	48,596
PCT international Search by KIPO	2,735	11,371	13,356	13,319	15,168

Source: WIPO, PCT Yearly Review 2012 (May 2012), KIPO

Chief Foreign Enterprises as PCT International Search Requester in KIPO (2012)

• INTEL (semiconductor) 
• MICROSOFT (software) 
• HEWLETT-PACKARD (computer and electronic appliances) 
• BAKER HUGHES (oil well development) 
• Applied Materials (semiconductor production equipment) 
• THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (medical supplies and chemistry) 
• GOOGLE (internet search) 
• 3M (electronic and information technology) 
• CATERPILLAR (machines of construction) 
• KIMBERLY-CLARK WORLDWIDE(health and hygiene item)

4. Using KIPO’s Accelerated Patent Examination Track Provides the Shortest Turnaround Time for Patent Issuance in the World.

i. Applications utilizing the accelerated examination track of the KIPO issue in approximately 3 months (approximately 10 months in cases of office actions).

ii. Quickly obtaining patent protections in Korea may have a positive influence in acquiring patent protections overseas for the invention.

iii. Please refer to the link below for specific requirements and protocols for requesting the KIPO accelerated track for examinations.
http://goo.gl/Acw3I7

5. Why Kasan? - Kasan's Patent Application Service

• One Stop Service

        We provide A full-range of legal services in IP related matters.

• Emphasis on Quality

        Almost all works are done by licensed professionals.

• Accumulated Knowhow

        We have represented a variety of clients including Samsung, government organizations, and medium-sized companies. 

• Swift Work Process

        We developed our own IP management system, XPAT, and we are ranked at the top in the agent evaluation of Samsung.

Kasan's Representative Litigation Cases

- Pfizer Inc. v. Ahn-Gook, a Korean Pharmaceutical Company
Kasan IP and Law Firm successfully defended a Korean pharmaceutical company against allegations of infringement of a patent relating to Pfizer’s blockbuster medicine Norvasc® in preliminary injunction and permanent injunction infringement litigation, and successfully represented the Korean company in invalidation proceedings, trial to confirm the scope of a patent right and appeals against the trial decisions before the Korean Patent Court and the Supreme Court.

- Tokyo Electron Limited v. IPS, a Korean semiconductor equipment company
We successfully represented a Korean semiconductor manufacturing equipment company in patent infringement litigation before a civil court, invalidation trials before the IPT in KIPO, appeals against the trial decision before the Korean Patent Court. Also we successfully represented our client in criminal prosecution proceedings relating to trade secret theft allegation against TEL. 

- Gilead v. Daewoong, a Korean pharmaceutical company
Our firm successfully defended a Korean pharmaceutical company against allegations of infringement of a patent relating to Gilead’s blockbuster drug Hepsera®, in preliminary injunction case, patent infringement litigation, invalidation trials before the IPT in KIPO and appeal against the trial decision. 

- Konami v. a Korean game company 
The firm successfully defended a Korean game company in copyright and trademark infringement litigations and criminal prosecution cases, relating to Konami’s famous characters and trademarks. 

- KEC, a Korean electronics company v. ASE
We defended ASE against a Korean electronics company in criminal prosecution and litigation relating to theft of trade secret involving semiconductor packaging technologies. 

- P&G v. Wooshin, a Korean pharmaceutical company
We successfully defended a Korean generic company in invalidation trial, trial to confirm the scope of a patent and appeal against the trial decisions before the Korean Patent Court and the Supreme Court relating to developing and marketing of a generic version of P&G’s patented medicine Risedronate Sodium for treating osteoporosis. 

- ALCON v. Hanlim, a Korean pharmaceutical company
Kasan successfully represented a Korean generic company in invalidation trial and appeal against the trial decision, relating to developing and marketing of a generic version of ALCON’s patented medicine Patanol® for treating allergic conjunctivitis. 

- INNOMTEK v. CDM Bridge
The firm successfully represented INNOMTEK in infringement litigation and preliminary injunction cases involving Bluetooth and USB driver technologies. 

- TRY Brands v. a personal business owner
We successfully represented TRY Brands in trademark infringement litigation involving a well-known trademark for clothing.  

- Shinwha v. Mirae 
We represented Shinwha in patent infringement litigation and invalidation trial, relating to a patent on diffusion film for LCD.

- Dash v. a Korean consumer goods company
Kasan successfully defended a Korean consumer goods company against allegations of infringement of a patent relating to household goods in preliminary injunction.

- Sports TOTO v. a personal business owner
We successfully represented Sports TOTO in patent infringement litigation, invalidation trial and appeal for the trial decision against a personal business owner.

- Wonik, a Korean semiconductor equipment company v. a former researcher of the company
The firm successfully represented a Korean semiconductor equipment company in a trade secret theft case against a former researcher of the company, throughout criminal prosecution, preliminary injunction and infringement litigation.  

- Ace Tech, a Korean electronics company v. Hirose Korea, an electronics joint venture between a Korean company and a Japanese company
Kasan IP and Law Firm successfully represented an electronics joint venture between a Korean company and a Japanese company in a trade secret theft case involving mobile antenna technology against Ace Tech throughout criminal prosecution, preliminary injunction and litigation for damages.  

- A Korean construction and engineering company “S” v. a Korean construction and engineering company “I”
The firm successfully represented a Korean construction and engineering company “S” in patent disputes and disputes relating to “New Excellent Technology” certification from Ministry of Land, Infrastructure and Transport.  

- National Health Insurance Corporation v. Seoul National University
We successfully defended Seoul National University in insurance benefits refund litigation against National Health Insurance Corporation. 

- SK Chemical, a Korean pharmaceutical company v. Dongkuk, a Korean pharmaceutical company 
We successfully defended Dongkuk, a Korean pharmaceutical company in patent infringement litigations, trademark infringement litigation, invalidation trial and trial to confirm the scope of a patent before the IPT in KIPO relating to a patented drug of a combination of existing two drugs.  

- National Health Insurance Corporation v. Kyungbo, a Korean pharmaceutical company
The firm successfully defended a Korean pharmaceutical company in pharmaceutical expenditure refund litigation, relating to active pharmaceutical ingredients exemption provision.  

- Daewoong, a Korean metal working company v. a personal business owner 
We successfully represented a Korean metalworking company in patent infringement litigation, invalidation trial and appeal for the trial decision, against a personal business owner. 

- Choistech, a Korean electronics startup v. a Korean electronics company 
Kasan successfully represented Choistech, a Korean small electronics company in a trade secret theft case relating to electronic accessories for iPhone by obtaining injunctive relief against a Korean electronics company. 

- Oy Ajat v. Vatech, a Korean medical device company
We successfully represented a Finnish medical device company Oy Ajat in patent infringement litigation, invalidation trial, post-grant amendment trial and appeal against the trial decisions, relating to a dental instrument.  

- Flowmaster Korea v. a Korean software company
Kasan successfully represented Flowmaster Korea, a subsidiary of American software company Flowmaster Inc., in a trade secret theft case relating to computational fluid dynamics simulation software, against a Korean software company.

- Saerom v. a Korean cable TV company 
We successfully represented Saerom in design right infringement litigation and related criminal prosecution against a Korean cable TV company.

Kasan's Representative Consulting Cases

- Kasan IP and Law Firm successfully advised SL, a Korean automotive parts supplier for GM, Hyundai and Kia, on the strategies to settle IP and licensing disputes related to automotive brake system against a Spanish automotive parts supplier.

- The firm advised a Korean software company on trademark, trade name, matters related to setting up franchise business operations and legal disputes with franchisees.

- We advised Ahn-Gook, a Korean pharmaceutical company on licensing trademark to a Vietnamese pharmaceutical company and matters related to international arbitration.

- The firm has advised Lie Sangbong, a famous designer and a Korean clothing brand on licensing and enforcement of the company’s design rights, trademarks and patents.

- We advised a bio venture company on a wide range of matters including Pharmaceutical Affairs Act, Medical Service Act, legal protection of technology and IP licensing and strategies.

- Kasan advised a Korean fabless semiconductor company on matters relating to trade secret theft and covenant-not-to-compete of retired researchers.

- We have advised healthcare, medical device and u-healthcare companies on matters relating to standard-essential patents.

- The firm has advised a famous designer brand regarding legal protection of copyright and design right, brand licensing, setting up international business and strategy against unauthorized copying.

- The firm advised a Korean pharmaceutical company on obtaining import drug license from SFDA China.

- We have advised smart grid companies on patenting strategies.

- Kasan advised a Korean set-top box manufacturer on establishing counterstrategies to international patent disputes and provided a patent map for set-top box related technologies.

- Kasan advised a Korean electronics company on drafting co-development contract with an American electronics company.

- The firm has advised a Korean metalworking company on IP strategy.

- We have advised a Korean construction and engineering company on matters relating to “New Excellent Technology” certification from Ministry of Land, Infrastructure and Transport.

- The firm has advised a Korean clothing company on drafting advertising contracts with celebrities.

- We advised a Korean cosmetics, dietary supplement and functional food company on Fair Labeling an Advertising Act, Fair Trade Act, Pharmaceutical Affairs Act and Health Functional Food Act.

Kook-Hyun Kim - Attorney at Law / Senior Partner

Kook-Hyun Kim

Attorney at Law / Senior Partner

Mr. Kim is an attorney at law who represents and provides counsel to clients in in-depth legal matters related to intellectual property law. Since starting his career as a patent and trademark attorney in 1994, his practice encompassed virtually all aspects related to intellectual property from drafting and prosecuting patent applications to patent trials and litigation, and over the years, he has provided professional services relating to trademark registration, licensing and litigation to both domestic and multinational corporate clients.

Before joining KASAN, he worked at Kim & Chang, Lee & Ko and Myung-Shin & Partners. While working at Kim & Chang, he has prosecuted a large number of inbound patent applications and was extensively involved with representing multinational corporate clients in patent trials and litigation. At Lee & Ko, his major domestic clients included LG electronics and LG-Philips LCD, which he represented in technology transfers, litigation, trade secret, copyright and trademarks.

He is regularly involved with patent and trademark infringement litigations. Particularly, he has successfully represented domestic clients (defendants) in landmark patent infringement lawsuits. Though a patentee asked for the largest damage compensation in the history of our patent infringement lawsuits, attorneys for the defendants, including Mr. Kim, successfully defended the clients in a trial that lasted for 3 years.

Mr. Kim is a frequent speaker at various seminars attended by domestic and international patent practitioners. He regularly gives lectures at the Korean Invention Promotion Association and the Korean Patent Attorney Association. Recently, he was invited to give a lecture related to Korean patent practice in the field of chemistry at an international science symposium, Pacifichem 2005 in Hawaii.

Currently, he is involved with the WIPO's educational project, as a counselor to the Korean Invention Promotion Association and the Korean Intellectual Property Office. Both organizations provided the WIPO with online education materials related to patent, trademark, copyright, trade secret, etc.

Mr. Kim is an active member of LESI, INTA, APAA, KPAA and the Korea Bar Association.

Mr. Kim received a B.S. and an M.S. in Pharmaceutics from Seoul National University (SNU) in 1987 and 1989, respectively, a Masters in IP from Franklin Pierce Law Center in New Hampshire, U.S.A. in 1994, and a LL.B. from Seoul National University in 2000.

Mr. Kim passed the Korean patent bar examination in 1993 and the Korean bar examination in 2000.

Mr. Kim wrote a book, “Business Secrets Protection Law” in 2010.

He is versed in English and Japanese.

Steve Chung - Attorney at Law / Senior Partner

Steve Chung

Attorney at Law / Senior Partner

Mr. Chung is a U.S. certified attorney of the firm who represents and provides counsel to clients both in the procurement of patents, and in patent trials and litigation. Also, he is a counselor attorney of the firm in administrative affairs related to intellectual property of national and foreign corporations.

Before establishing the firm, Mr. Chung was associated with DeRyook International Patent & Law firm, where he specialized in technology transfer, licensing, and counterfeits seizure. He also worked as an in-house counsel in the intellectual property department of Samsung Electronics, Co., Ltd.

While working at Samsung, Mr. Chung was involved in extensive activities including patent searching, prosecution of patent applications, licensing, and domestic and international patent litigation in connection with semiconductors, digital media and home appliances. Also, he participated in more than 30 legal proceedings related to intellectual property in various courts in the U.S., Europe, and Japan.

Mr. Chung was a member of both the KIPO's Industrial Property Advisory Committee of the North & South Koreas, and the Korean IP law revision council. Mr. Chung has also been actively involved in various activities as a lecturer or a speaker. His major publication activities include a presentation entitled "Expected Contribution of the Intellectual Property Rights System to Economic Development", given at the February 2000 APEC Symposium in Sapporo, Japan, which was presented on the subject of intellectual property protection activities by Korean enterprises. He has also served as a panelist in a number of seminars and symposiums including seminars and symposiums at the Korean Congress.

Currently, Mr. Chung regularly gives lectures at the KIPO, the Korea Invention Promotion Association, Samsung Electronics Co., Ltd., and other patent related sessions. Representative topics of his lectures include procurement of valid patents, and countermeasures against overseas patent disputes.

While working at Samsung Electronics, he translated and published two Japanese books on patent related matters. Currently, Mr. Chung is a counselor and consultant to corporations including Samsung SDI, Samsung Coning, Cheil Industries Inc., and Mando Corp..

Mr. Chung has actively served as a member of the Intellectual Property Division of the American Chamber of Commerce in Korea, and he is a member of the New York State Bar Association, and the AIPPI. Mr. Chung received a B.S. in Electronic Engineering from Kyungbuk National University in 1982, and a JD/MIP from Franklin Pierce Law Center in N.H. in 1995. He is versed in English and Japanese.