칼럼 | 뉴스레터
Korean Supreme Court clarifies ‘new substance’ interpretation for patent term extensions
The recent Supreme Court ruling clarified the standard for interpreting “active moiety exhibiting a pharmacological effect” when determining whether an approved active ingredient is a…
Korea actively supports rapid granting of patents for secondary battery technologies
South Korea is ploughing its energies into shortening the patent examination process for the secondary battery industry to help the country’s powerhouses maintain their charge.…
Korea’s new trademark consent agreement system introduces ‘power balance game’
Strategic trademark management plans have become more important than ever as a new trademark consent agreement system is brought in to address a the issue…
Korea’s updated employee invention system: a win-win for employers and employees
South Korea’s Invention Promotion Act has made a substantial revision concerning how employers can acquire the rights to job-related inventions created by employees June 2024,…
Can AI be named as an inventor in Korea?
Learn Korean court’s view on an increasingly important question considering the DABUS case and a Korean Intellectual Property Office survey on AI inventorship, as South…
Korea increases punitive damages cap and introduces new unfair competition measures
Recent legislative amendments have opened the door to higher compensation relating to malicious infringements and armed the Korean Intellectual Property Office with a new weapon.…
2024 heralds major changes in expediting patent examination in Korea
Korea’s high-tech sector has much to gain from an amendment to the Enforcement Decree of the Korean Patent Act that provides for an accelerated patent…
25-year data shows 91.5% of Korean dispute-related IP trials closed in first instance
Explore the latest insights from the Korean Intellectual Property Trial and Appeal Board data, revealing trends and efficiency improvements in IP trials over the past…
Trademark, labelling, and advertising considerations for food businesses in Korea
Navigate the intricacies of trademark protection and advertising regulations in Korea’s booming food industry. Discover how recent revisions impact labeling practices, addressing concerns of public…
Protecting trade dress creatively in Korea
Delve into the intricate world of protecting iconic designs in Korea, where trade dress, covering product shapes and business aesthetics, is safeguarded by intellectual property…
Design protection strengthened in Korea and becomes more applicant friendly
Discover the recent enhancements to Korea’s Design Protection Act, effective from December 21, 2023. Extended filing periods for related designs, flexible novelty grace periods, and eased…
Korea’s notable patent activity in autonomous vehicle sensors
Explore Korea’s pursuit of Level-4 autonomous vehicles by 2027 and its robust patent environment, evidenced by a surge in filings for camera–LiDAR sensor convergence technology.…
Design rights granted while claiming the Korean novelty grace period have full-scope enforceability
Delve into a unique design case in Korea where the Supreme Court’s ruling unveils strategic use of the novelty grace period. Learn how claiming this…
Lessons from the two Korean Supreme Court decisions concerning AstraZeneca’s Forxiga
Korean Supreme Court decisions on AstraZeneca’s Forxiga patents highlight legal complexities involving Doctrine of Equivalents and inventiveness, influencing patent protection dynamics in the pharmaceutical sector…
South Korea paves the way for partial refusal system and expedited examination
In 2023, the Korean Intellectual Property Office introduces measures to enhance trademark applicant convenience. Noteworthy changes include an expedited examination division for service marks, partial…
New South Korean guidelines for trademarks in the metaverse
Korea adapts trademark laws to the metaverse trend, recognizing digital goods transmission as trademark use. Virtual goods registration and protection emphasize the importance of filing…
The Supreme Court of Korea adds technical difficulty to polymorph patent considerations
Korea adapts trademark laws to the metaverse trend, recognizing digital goods transmission as trademark use. Virtual goods registration and protection emphasize the importance of filing…
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 application did not claim the…
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 inventiveness issues…
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 administrative remedies. A proposed Copyright Act…
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, and relaxed restoration requirements…
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 consumers. The decision emphasizes the…
Continuing your application through the ‘separated application’ system
Korea has introduced a ‘separated application’ system, effective from April 20, 2022, allowing applicants to pursue potentially allowable portions of pending claims after an appeal against…
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 market dynamics and consumer…
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 lacks…
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 importance…
South Korea allows data exclusivity for pediatric drugs approved through foreign clinical trials
As of May 5, 2021, Korea allows a four-year re-examination period for pediatric drugs upon regulatory approval based on foreign clinical trials. The re-examination period acts…
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 infringes the rights…
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 earlier approvals and…
Filing and managing pharmaceutical trademarks
Explore the intense competition among generic drug companies in Korea triggered by the government’s shift to a tiered drug pricing system, impacting earlier approvals and…
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 products set to…
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 varieties, offering safeguards…
Patentees may now collect more damages in Korea
The Korean Patent Act amendment, effective from December 10, 2020, allows patentees to claim mixed damages, combining lost profits and a reasonable royalty for patent…
Medical use claims can be patented despite disclosure of clinical protocols
The Korean Patent Court’s recent decision on medical use inventions emphasizes the importance of disclosing concrete pharmacological data and raises the bar for prior-published clinical…
How do you fast track trademark registration in Korea?
In the business world, time is often crucial. Fast-track trademark examination in Korea, taking 1–2 months, offers a quicker registration alternative compared to the regular…
Fashion design registration is now available within 10 days
Since December 2019, Korea allows design registration for trendy fashion items within 10 days under a fast-track system, offering quick protection for short-lived designs in…
Belated patent corrections may not be effective
The Korean Supreme Court, in a recent en banc decision, ruled that a final and conclusive decision granting a patent correction does not constitute a ground for…
Seeking IP protection for medical devices
Explore the thriving landscape of the Korean medical devices market, marked by significant growth, regulatory developments, and strategic patent protection for innovative technologies, led by…
Patent holders can now seek punitive damages in Korea
The Korean government’s new law supporting the medical devices industry, coupled with a rise in patent filings, reflects the sector’s growth. Strategic patent protection is…
Korea updates rules on personalised medicines
Precision medicine’s growth in Korea faces patent eligibility challenges. Recent legal developments, including the recognition of patient sub-groups and dose/dosage regimens, offer strategic patent protection…
Different salt from original drug can be covered by extended patent
The Supreme Court in Korea ruled that the scope of a patent extended during the patent term extension period covers a different salt form from…
Korea clarifies Design Examination Guidelines concerning priority claims
The revised Design Examination Guidelines in Korea, effective from January 1, 2019, clarify the standards for allowing priority claims in design applications when drawings need to…
South Korea: Court rules on novelty when drug is sold before filing
The revised Design Examination Guidelines in Korea, effective from January 1, 2019, clarify the standards for allowing priority claims in design applications when drawings need to…
How to take advantage of the grace period in Korea
In Korea, a one-year grace period offers protection for publicly disclosed inventions and designs. Understanding its conditions and submission requirements is crucial for securing intellectual…
Supreme Court rules that dosage regime is inventive
The Korean Supreme Court’s recent decision clarified the patentability of dosage regimen inventions, emphasizing the requirement for quantitatively remarkable or qualitatively different effects, setting a…
Patenting a food-related invention in Korea
In Korea, patenting food-related inventions requires careful specification and claims highlighting sensory or functional effects. Safety aspects are crucial, and claims should avoid medical utility…
Patent and plant varieties can be protected
Explore Korea’s dynamic landscape of plant-related intellectual property, with supportive patent policies and growing interest in plant variety protection. Understand the distinct systems governing patents…
Patent Court procedure guidelines published in English and Japanese
Explore Korea’s dynamic landscape of plant-related intellectual property, with supportive patent policies and growing interest in plant variety protection. Understand the distinct systems governing patents…
New patent cancellation system
The Korean Patent Act underwent significant revisions in 2016, impacting official fees, document production in patent lawsuits, and introducing a new patent cancellation system effective…
Supreme Court rules on inventive step
The Korean Supreme Court’s recent decision on inventive step emphasizes considering prior art as a whole, addressing contradictory information. This sets a crucial precedent for…
Time to apply for PTA
Understanding Korea’s Patent Term Adjustment system is crucial for patent owners, especially in pharmaceuticals. Learn about the system’s complexities and how to optimize patent protection…
Revisions to the Trade Mark Act
In 2016, Korea restructured its IP landscape, particularly the Trademark Act. Changes include non-use cancellation, broader evaluation of conflicting marks, and strengthened protection for trademark…
Indirect infringement from parts assembled overseas
The Korean Supreme Court ruled that exporting parts for final assembly outside the country does not infringe a patent under the Korean Patent Act if…
Patentable subject matter – what’s new?
Explore the patent landscape in Korea, where isolated genes, biological materials, and stem cells are patentable. Learn about recent court decisions shaping the country’s patent…
New centralised infringement courts
Korea’s IP enforcement underwent significant changes in 2016, centralizing jurisdiction in specialized IP district courts. Learn about the implications for patent litigation and the harmonization…
Regular Seminars and Training Sessions
HANOL holds seminars and internal training sessions for its staff regularly. The team shares its professional knowledge and practical experience with each other.
Hanol Pumpkin Carving Event
On October 30, 2023, Hanol held its annual Pumpkin Carving Event. Everyone in the office participated, taking the opportunity to spend some meaningful and enjoyable time…
Hanol Pumpkin Carving Event
On October 30, 2023, Hanol held its annual Pumpkin Carving Event. Everyone in the office participated, taking the opportunity to spend some meaningful and enjoyable time…
A beautiful view of Gyeonghoeru, the pond at Gyeongbokgung Palace.
A sampling of Gyeongbokgung Palace’s dancheong, the traditional multicolored paintwork that characterizes Korean palatial architecture.
New Korean regulatory data protection system allows reinforced data exclusivity for pharmaceuticals
The new regulatory data protection system may serve as an incentive for the development of incrementally modified drugs, leading to enhanced R&D capabilities in the…