A Quarterly Update of Korean IP Law & Policy
	Spring/Summer 2017
PATENT Korean Patent Court Dismisses Generics' Challenges to PTE Terms In a recent decision announced on March 16, 2017 that could have led to the severe shortening or elimination of nearly all existing patent term extensions ("PTEs") for pharmaceutical patents in Korea, the Patent Court emphatically rejected the challenges raised by generics against the existing PTE system, and potentially affirmed the validity of the full term of extended patent rights of numerous innovator pharmaceutical companies. Read more New Patent Cancellation System Enacted A new patent cancellation system has been enacted for patents registered on or after March 1, 2017. Previously, non-interested parties were permitted to file an invalidation action against a patent within 3 months of the patent being registered (interested parties may file an invalidation action at any time). Now, non-interested parties may no longer file invalidation actions, but any party may file a cancellation action against a patent within 6 months of the patent publication date. Read more Korean Supreme Court Reverses 12-year Precedent: Technology Described as Background or in a Claim Preamble is Not Necessarily Prior Art On January 19, 2017, in an en banc decision, the Korean Supreme Court ruled in a review of a patent invalidation trial that the mere fact that technology is described in the patent specification as background technology or in a claim preamble does not automatically mean that such technology was prior art disclosed to the public prior to the filing date of the patent. This ruling affirmed the previous Patent Court decision. Read more Supreme Court Affirms Employers Have Duty to Compensate Employee Inventors Even for Weak or Unused Patents In a much-scrutinized dispute between Samsung Electronics Co., Ltd. ("Samsung") and a former employee researcher regarding the appropriate compensation to be paid by Samsung for the employee's in-service invention, the Supreme Court has finally issued a ruling largely affirming the reasoning of the lower appellate court, and determining that Samsung must pay its former employee approximately KRW 22 million (roughly equivalent to USD 19K). Read more National Core Technology List Updated The Ministry of Industry, Trade and Energy ("MOTIE") issued a notification on November 28, 2016 publishing an updated list of the "National Core Technologies" (Notification No. 2016-211). Currently, two Korean statutes govern the outflow/export of technology: (i) the Foreign Trade Law ("FTL") and (ii) the Act on Prevention of Leakage and Protection of Industrial Technology ("ITA"). While the FTL regulates "Strategic Technology" controlled under multinational strategic materials export control regimes, such as the Wassenaar Arrangement, the Nuclear Suppliers Group, etc., the ITA regulates National Core Technology (NCT), that is industrial technology which, if leaked, may have a detrimental effect on the national security and development of the national economy due to their substantial economic value. MOTIE is the primary government agency responsible for administering these two laws. Read more TRADEMARK, DESIGN & UNFAIR COMPETITION Copycat Packaging Enjoined for Unfair Competition on Dilution Grounds Kim & Chang successfully obtained a preliminary injunction recently at the Seoul Central District Court on behalf of its client, Binggrae Co., Ltd. ("Binggrae"), against Daee Food Inc. ("Daee") for selling a product that copied the appearance of Binggrae's well-known banana flavored milk beverage. Significantly, while Daee's product (a banana-flavored jelly snack) technically did not infringe any of Binggrae's registered trademarks, Binggrae was ultimately able to prevail on a dilution theory under Korea's unfair competition law. Read more Amendments to the Design Protection Act Several amendments to the Design Protection Act (DPA) were published on March 21, 2017, as follows. The amendments will go into effect on September 22, 2017. Read more	FIRM NEWS AWARDS & RANKINGS Kim & Chang once again receives top rankings in Chambers Global 2017 Kim & Chang ranked again as a Tier 1 firm in Korea in MIP IP Stars 2017 Kim & Chang ranked Tier 1 across all areas in ALB 2017 IP Rankings Kim & Chang named Korea Law Firm of the Year at Who's Who Legal Awards 2017 Kim & Chang named Pro Bono Firm of the Year at Who's Who Legal Awards 2017 EVENTS JPAA's Kinki Branch Office Seminar in Osaka, March 1, 2017 5th Asia Pacific IP Forum in Kanazawa, March 18-19, 2017 INTA's Brands and Fashion Conference in New York, March 22-23, 2017 IPBC Korea 2017 in Seoul, April 28, 2017 JIPA Seminar in Tokyo and Osaka, July 6-7, 2017 EDITORS: John J. KIM Inchan Andrew KWON German
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