HANOL ClassHankyul IP & Law

Does exporting parts or components of a patented product for final assembly outside the country infringe the patent? Recently, the Korean Supreme Court answered this question for the first time in Korea in its decision 2014Da42110 (July 23 2015).

Following the Myriad decision in the United States, the High Court of Australia recently denied the patent eligibility of isolated genes of BRCA1 DNA. Along with the Alice decision from the United States, this is truly a new wave. What we patent reflects the most fundamental social decisions in our patent system. It is worth seeing how Korea is riding on this wave and balancing its system.

On January 1 2016, the IP enforcement system in Korea changed significantly. By amending the Civil Procedure Act and the Court Organisation Act, Korea centralised the jurisdiction of both the first instance and the appellate courts of infringement actions.