Recent Amendments to the Korean Trademark Act were passed by the National Assembly of Korea. On February 3, 2022, the National Assembly published the Korean Trademark Act revisions. One major revision was the expansion of the meaning of “use of a trademark.” The revision should make the application process easier for applicants and expand the rights of those granted a trademark. IPG Legal welcomes these changes. Another article that may be of interest to the reader includes: Korean Intellectual Protection Global Strategies. Extension of the Period to
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Top Law Firms in Korea for English-Speaking Clients According to 10 Magazine
We are proud to note that 10 Magazine listed us in an article titled 10 Lawyers in Seoul for English-Speaking Expats in Korea. IPG is listed under the title Large/International Law Firms. Thanks for the mention 10 Magazine. We love your work. IPG Legal and many of our lawyers were listed as top attorneys by numerous legal rating services and magazines. Sean Hayes was, also, rated a top 100 Attorney. To learn more about IPG Legal please check out our website at: IPG Legal. The article by 10
Continue readingProtecting your Intellectual Property Rights in Korea: Avoid “Trying Different Things & Smoking Funny Things”
A popular song regularly played on the radio proclaims that in the summer of 1989 the songwriter, Kid Rock, was “trying different things and smoking funny things.” If you have any exposure to the Korean market, do your business a favor and don’t be like the songwriter. All businesses with any exposure to the Korean market must have a plan in place to protect their intellectual property in Korea. Thus, for the sake of your company, at a bare minimum, you should follow these simple recommendations when
Continue readingProtecting Trade Secrets in Korea: Top 5 Things to Know Before Subjecting your Business Secrets to the Korean Market
We receive emails, regularly, requesting advice on the protection of IP rights in Korea and China. Most of the issues I addressed in this blog come from these questions. I realized, after writing over 1000 posts on this blog, that I never drafted a post on trade secrets. So here we go. Definition of a Trade Secret in KoreaAs you probably know, a trade secret is, simply any design, process, formula or the like that is not known or readily ascertainable by a third party that may
Continue readingInternational Arbitrations in Korea under the IBA Rules
Procedural Arbitration rules are key to the efficient and effective adjudication of arbitration disputes in Korea and, also, worldwide. These arbitration rules govern and set out the framework for the arbitration process. Evidence gathering and presentation are important aspects of the above procedure, and yet, institutional and ad hoc rules that provide arbitration guidelines on other matters such as the appointment of arbitrators and the nature of award and costs are, usually, silent on this point. Advantages of such a purposeful gap in the rules are party
Continue readingKorea has 4th Highest Number of International Patent Applications in the World
The Korean Intellectual Property Office made an announcement that South Korea has surpassed Germany and became the number four country in the world in international patent application to the World Intellectual Property Organization (WIPO). The first spot is taken by China, followed by U.S. and Japan for the second place and third place respectively. Last year, also, saw another record-breaking milestone as South Korea exceeded the 20,000 mark for the first time and submitted 20,060 international patent applications for 2020. And because of this South Korea was
Continue readingKorean Intellectual Property Protection Strategies in Korea: Trademark Law Korea
The ABA Section of Intellectual Property Law Landslide Magazine (May/June 2015) has an excellent article entitled: Trademark Tips: Seven Experts Share Their Secrets. Ashly Boeshe wrote a great comment that is essential for protecting your IP in Asia. Ashly notes, in part, that: “Trademark owners should take a global perspective when protecting their brands. Whether advertising their products or services online or manufacturing products in a foreign country, trademark owners should not only consider seeking trademark protection in their key markets, but also in countries where infringement
Continue readingKorean Business/Service Marks Protection under the Unfair Competition Prevention and Trade Secret Protection Act
Supreme Court Decision 2008Do5897 delivered on January 30, 2009 【Violation of the Unfair Competition Prevention and Trade Secret Protection Act】 Translation of Official Court Summary The appearance of a particular singer and the unique actions of others are intangible and variable features close to an impression or image have little function as a fixed mark that differentiates a matter from another matter. If the particular appearance and action is to be regarded as a mark of a business and if the use of this is punished under
Continue readingDefinition of “Author” under Korean Copyright Act: Entertainment Law Cases in Korea
Over the next couple of weeks, we will be publishing translations of the summaries of the 20 Leading Cases in Korean Entertainment Law. The cases should be useful for entertainment law practitioners and should also be useful for those practicing copyright, trademark, and general IP law. Supreme Court Decision 92Da31309 delivered on December 24, 1992 【Objection to Provisional Injunction】 Translation of Official Korean Supreme Court Summary a. Under the Copyright Act, the term “author” means a person who has created a work, and a copyright shall commence from
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