Recently, the Korean Patent Court rendered a favourable decision on the patentability of medical use inventions in which strict scrutiny was employed for two aspects of the enablement and inventiveness requirements.In the decis…READ MORE

It is often time that matters in business. For trademarks, a prompt registration is probably the single most important issue in all areas of business, not just in the fashion industry. In Korea, it takes approximately one to 1.…READ MORE

As of December 2019, designs of trendy fashion items can be registered within 10 days in Korea.General practice for design examinationKorea has a unique examination system for design applications. It is a combination of the sub…READ MORE

Recently, the Korean Supreme Court rendered a new en banc decision finding that a final and conclusive decision granting a patent correction cannot constitute a ground for retrial.On January 22 2020, the Supreme Court ruled that…READ MORE

Recently, the Korean medical devices market has been growing notably. According to a 2019 Annual Report by the Korea Medical Devices Industry Association, the Korean domestic market has grown at a CAGR (Compound Annual Growth R…READ MORE

The new provision for punitive damages for wilful infringement is now effective. The newly introduced punitive damages provision should contribute to stronger protection of patents and increase general value of patents in Korea…READ MORE

Precision medicine, also known as personalised medicine, is an emerging field in healthcare and seems to have a promising future as it accounts for 42% of new molecular entities which the Food and Drug Administration (FDA) appr…READ MORE

In Korea, patent term extension (PTE) of a maximum of five years may be granted once for a patent covering a drug or agrochemical that has to obtain marketing approval after patent registration. According to Article 95 of the K…READ MORE

Korea requires a number of drawings for design applications showing several views that usually comprise one perspective view and six principal views (e.g. front, rear, right, left, top and bottom view, etc.) such that the desig…READ MORE

To raise funds for research and development, start-ups sometimes have to announce the existence of licensing agreements, supply and distribution agreements etc. (i.e. a contract for a future sale of a product embodying an inven…READ MORE

When inventions/designs are disclosed to the public by one of the inventors/designers or applicants, a one year grace period is available in Korea for patent, utility model, and design applications.Grace period is not based on t…READ MORE

In 2015, the Korean Supreme Court cleared the patent eligibility hurdle for dosage regimen inventions, and announced that dosage regimens are patentable if they satisfy other patentability requirements including novelty and inv…READ MORE

Many food products contain known ingredients, rather than novel ingredients, as essential components. Such food products are usually a result of combining components in a special ratio to achieve a particular flavour, taste, ef…READ MORE

In Korea, plants can be protected by both Patent Law and Plant Variety Protection Law. Activities to seek the protection of the IP rights pertaining to plants have been growing, particularly with the development of genetic engi…READ MORE

From January 1 this year, the Korean Patent Court became the exclusive appellate court for IP related cases (see February issue). After this change, the Patent Court released some guidelines on the rules and procedures applicab…READ MORE