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Local Insights

  • Sponsored by Hanol IP & Law
    Recently, the Korean Supreme Court made a key decision regarding how to read the prior art when making an inventive step determination (2013 Hu 2873 and 2880 (consolidated), January 14 2016).
  • Sponsored by Hanol IP & Law
    Three years ago, Korea adopted a new patent term adjustment (PTA) system. As many readers know, PTA is a system that allows extension of a patent term to the patent owner to compensate for an unreasonable delay during the prosecution phase.
  • Sponsored by Hanol IP & Law
    In 2016, Korea has been substantially re-shaping its IP system. One such change is the Trade Mark Act, which has been comprehensively re-drafted. One of the main changes in trade mark is the non-use cancellation of the registered mark. When a registered trade mark has not been used in Korea for three consecutive years, third parties can seek to cancel it on the grounds of non-use. According to the existing Act, only an interested party can request cancellation of a non-used mark. However, under the new system, legal standing is no longer required; therefore, any person may request cancellation of a non-used registered mark. The new system is expected to accelerate the procedure and give more opportunity to those who actually intend to use the mark by remedying weaknesses in the registration system.