Case Comment

South Korean pharmaceuticals stepping in the generic market of dry eye treatment, Diquas-S®

Background: In 2015, a Japanese-origin Santen Pharmaceutical Co., Ltd. (hereafter Santen) obtained a patent right (KR101536885) for a remedy for dry eyes (product name: DIQUAS (registered trademark) ophthalmic solution 3%) from the Korean Intellectual Property Office (hereafter KIPO). Two years later, Sam Chun Dang Pharm (hereafter Sam Chun Dang) and other well-known pharmaceutical companies, such […]

Ruling Principles for Direct Infringement by Multiple Parties in China

Affected by the characteristics of network communication, method patents in this technical field usually relate to multiple parties. For example, multiple devices interconnect by means of the interactions among the respective parties. Regarding to the network communication method patents, a situation exists that multiple parties may implement different technical features of one patent claim separately, […]

2020 Trademark System Trends in South Korea

         The most intuitive way to look at the trends in a country’s trademark system is to find amendments of its’ laws and regulations, to extrapolate what direction the system seems to be moving in. Today, we will look at the revision trends in Korea and how these changes can affect existing cases.          Recently, […]

Discovery system is expected to be introduced in South Korea

As of December 13th 2019, a high-ranking official of the Korean Intellectual Property Office (hereafter KIPO) argued that the Discovery System should be introduced in South Korea in the field of patent and trade secret infringement in a meeting of the Intellectual Property Strategy Council. The discovery system is to allow the exchange of evidence […]

Does Sportscasting Qualify as a “Work” Under Chinese Copyright Law?

Case No.: (2015)京知民终字第1055号, Darts-ip Ref.: darts-900-712-E-zh On March 30, 2018, the Beijing Intellectual Property Court made a final judgement on the copyright infringement dispute between CCTV International Network Co., Ltd. (hereinafter referred as “CCTV”) and Baofeng Group Co., Ltd. (hereinafter referred as “Baofeng”). The court found Baofeng infringed CCTV’s copyright and ruled in favor of […]

Fight to protect Hanmi Pharm’s ‘팔팔’ brand

Have you ever heard of a drug called Viagra? It is a drug for the treatment of erectile dysfunction and pulmonary arterial hypertension. There is also a very famous medicine in Korea, and it is Hanmi Pharm’s ‘팔팔’. If you search in a Korean dictionary, the word “팔팔(palpal)” is defined either as: 1. Strong and […]

The court didn’t admit exclusive use of ‘the Hall of Fame’

Have you heard of ‘the Hall of Fame’? The Hall of Fame is a term that began to be used in the Anglosphere, and when you search Google, it is ‘a museum, a group that was established to commemorate people who have performed well in one area, such as sports and art(source: Wikipedia). In short, […]

Application of The Prosecution History Estoppel in Determination of Equivalent Infringement

Ref.:(2018)最高法民再387号,Darts-ip Ref.:darts-419-468-G-zh Both the doctrine of equivalents[1] and prosecution history estoppel[2] play important roles in the determination of patent infringement. The prosecution history estoppel has a priority when there is a conflict between the applications of these two principles, because prosecution history estoppel is one of the factors that limit the application of the doctrine […]

Trade dress is also protected by the Unfair Competition Prevention Act

Today, we will look at a case that is important in the anti-competition law. This is the first case in Korea to apply Article 2 (1) (k) of the Unfair Competition Prevention Act (darts-340-410-H-ko, darts-794-496-D-ko, darts-793-159-E-ko). Article 2-1 of the Unfair Competition Prevention Act lists acts that correspond to unfair competition practices, and among these, […]