Saving grace: Korean Supreme Court clarifies declaration timing of pre-filing disclosures The Korean Supreme Court allows divisional applications to claim the benefit of a one-year grace period, even if the parent applicati…READ MORE

Patenting AI-related inventions in South Korea The Korean Intellectual Property Office updated its Examination Guidelines for AI Inventions in 2022. The guidelines cover patent eligibility, claim formats, enablement, and …READ MORE

Better protection for publicity rights in South Korea Korea's revised Unfair Competition Prevention Act addresses unauthorized use of celebrities' names and portraits, allowing civil damages, injunctions, and administrativ…READ MORE

South Korea introduces changes to the Patent Act Korea's revised Patent Act introduces changes, including a three-month response period for final rejections, re-examination after allowance, a separate application system, a…READ MORE

Fishcake Restaurant case provides guidance on deceptive trademarks in South Korea The Korean Patent Court invalidated the trademark "Fishcake Restaurant" for a sausage stew delivery service, ruling that it might mislead co…READ MORE

Continuing your application through the ‘separated application’ system Korea has introduced a 'separated application' system, effective from April20, 2022, allowing applicants to pursue potentially allowable portions of pen…READ MORE

More emphasis on visual comparison in trademark similarity In Korea, recent trademark cases demonstrate a shift where visual appearance gains precedence over sound in determining trademark similarity, reflecting evolving ma…READ MORE

Grace period but no safeguards for missing deadlines in South Korea In Korea, a one-year grace period exists for certain disclosures before a patent filing, excluding them from prior art. However, unlike some countries, it…READ MORE

Fair use, non-use, and proper use of trademarks In Korea, a re-filing strategy is common among brand owners to reset the non-use "vulnerability clock." However, non-use cancellation trials are prevalent, emphasizing the imp…READ MORE

South Korea allows data exclusivity for pediatric drugs approved through foreign clinical trials As of May5, 2021, Korea allows a four-year re-examination period for pediatric drugs upon regulatory approval based on foreig…READ MORE

Supreme Court’s en banc ruling drops registration defence for later-registered trademarks In a pivotal en banc ruling, the Supreme Court of Korea shifts its stance, asserting that the use of a later-registered trademark inf…READ MORE

Drug pricing policy in South Korea revised to ‘tiered pricing system’ Explore the intense competition among generic drug companies in Korea triggered by the government's shift to a tiered drug pricing system, impacting ear…READ MORE

Filing and managing pharmaceutical trademarks The evergreening strategy of pharmaceutical companies in Korea involves trademark disputes, exploiting recent changes in damage systems. Precise criteria for pharmaceutical tra…READ MORE

Drug patent expiry in 2021: Opportunities and challenges in the Korean market In Korea, the expiration of pharmaceutical patents is expected to lead to increased generic competition in 2021. With 62 patents for 158 product…READ MORE

Further safeguards are now available for foreign plant breeders The Korea Seed Industry Act amendments, effective since June 2020, require proof of lawful acquisition for selling propagating materials of foreign plant vari…READ MORE