Sean Hayes, head of the Top Korean Dispute Resolution Law Firm of the Year was rated by LawAsia, one of the leading peer-reviewed publications in Asia, as a Top 100 Lawyer in Korea. Sean Hayes is one of the only non-Korean attorneys on this Korean Lawyer “A-list” and the only non-Korean that was on the list each year the list was published. Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of
Continue readingCategory: Korean Intellectual Property Law
IP Implications of Chat GPT and Samsung’s Temporary Restrictions on Generative AI in Korea
Chat GPT by OpenAI has increased employee productivity and some employers have even incorporated it into their work systems for improved efficiency. However, Chat GPT brings up many legal issues that have not, yet, been litigated in courts. Chat GPT, an “artificial intelligence” (AI) service developed by OpenAI, has gained widespread popularity for its remarkable ability to comprehend language patterns and structures. Many companies, including those in the legal industry, are considering leveraging Chat GPT for tasks that require human-like
Continue readingKorean Data Privacy: Korean National Assembly passes the Second Major Amendment to the Personal Information Protection Act of Korea
The proposal to amend the Personal Information Protection Act of 2011 (the “PIPA”) was approved by the South Korean National Assembly on February 27, 2023. The changes cover a wide range of topics, from fines and breach of reporting requirements to transfer of data and business disclosure requirements. Amendments to Korean Privacy Law We shall have substantial updates on the major changes over the next couple of months. Please check back. If you’re seeking a free of cost initial consultation
Continue readingEnforceability of NDAs in Korea
Non-disclosure agreements (NDAs) are legal in South Korea and enforceable. A legally enforceable agreement known as an NDA forbids the publication of sensitive information between two or more parties. In business dealings, employment contracts, and collaborations involving sensitive information, NDAs are frequently employed.NDAs may be subject to contract law or intellectual property law in South Korea. Confidential information and trade secrets are protected under the Korean Commercial Code (KCC) and the Korean Intellectual Property Office (KIPO). For an article on
Continue readingKorean Patent Act Development of 2022
Major revisions to the South Korean Patent Act (KPA) came into effect on April 20, 2022. The period for filing an appeal against a rejection decision in Korea will be extended from 30 days to three months. Under the amended Korean Patent Act (KPA), applicants can save costs by avoiding time extensions that earlier had a narrow time period of 30 days. The time period was extended to three months from the date of receipt of a Notice of Final
Continue readingKorean Trademark Act Amendments for 2022
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
Continue readingTop 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. The article by 10 Magazine on the law firms in Korea
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,
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
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
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