HANOL ClassHankyul IP & Law

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 1.2 years to obtain a registered trademark using the regular system. However, this period can be shortened substantially if one uses fast-track examination.

As of December 2019, designs of trendy fashion items can be registered within 10 days in Korea.

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.

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 Rate) of 8% during the last five years (2014 to 2018). The global medical devices market also exhibits a rising trend; Fortune Business Insight has forecasted a CAGR of 5.3% from 2018 to 2025. In view of a growing geriatric population, the prevalence of lifestyle-related diseases, and rising demand for new innovative devices and personalised healthcare services, the future medical devices market is expected to show steady growth.

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. The new provision set forth below is now effective in Korea to deter unjust acts of patent infringement.

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) approved in 2018. Since precision medicine aims to provide bespoke medical treatments based on individual patient's characteristics, it essentially incorporates diagnosis and treatment methods. Under Korean patent law and practice, treatment and diagnosis methods are not considered patent eligible subject matter. As such, it is necessary to circumvent restrictive eligibility requirements to obtain protection for precision medicines in Korea. In the past, although precision medicines can be pursued as a pharmaceutical/diagnostic composition claim, it was not easy to claim methodological aspects of precision medicines (e.g. dosage regimen) which were not considered as technical features constituting composition itself (Supreme Court decisions 2007Hu2926 and 2007Hu2933, rendered on May 28 2009).