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

Patentees may now collect more damages in Korea The Korean Patent Act amendment, effective from December10, 2020, allows patentees to claim mixed damages, combining lost profits and a reasonable royalty for patent infringe…READ MORE

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 rais…READ MORE

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 re…READ MORE

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 de…READ MORE

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 retrial. This…READ MORE