| 2010 Spring Newsletter |
|
25 Mar 2010
|
|
|
|
 |
|
|
|
 |
|
 |
|
| By Jay Young-June YANG, Jay J. KIM and Mee Sung SHIM |
|
Sanofi-Aventis v. CJ et al., Case 2008 Hu 736, Supreme Court, October 15, 2009
The Korean Supreme Court has held that a patent covering an enantiomer and its medicinal use lacks novelty if the prior art disclosed the racemate and its medicinal use, while also recognizing the existence of enantiomers. The above decision also affirmed the lower Patent Court and Intellectual Property Tribunal decisions to the same effect. |
 |
|
 |
|
| By Young KIM and John J. KIM |
|
Korea HIV/AIDS Network Of Solidarity ("KANOS") and IPleft v. Trimeris Inc. and Duke University, Case Nos. 2009 Jaetong 1 ho and 2009 Jaetong 2 ho, Korean Intellectual Property Office
The Korean civic groups filed a petition seeking a compulsory license against Korean patents covering the AIDS drug Fuzeon®. After an intensive 6 month review, the Korean Intellectual Property Office ("KIPO") rejected the petition on June 19, 2009. The KIPO decision has now become final and conclusive since no appeal was filed. |
| |
|
 |
|
| By Eun Sun CHOI and John J. KIM |
|
| On December 29, 2009, the National Assembly amended portions of the Korean Patent Act relating to compulsory licensing. In Korea, a compulsory license can be sought by third parties who intend to work a patented invention or the government can directly seek a compulsory license. The amended act relates to the government's use of compulsory licensing—making it somewhat easier for the government to obtain compulsory licensing in certain situations. |
| |
|
 |
|
| By Won Seok HUH and Nayoung KIM |
|
| Amendments to the Korean Trademark Act ("TMA") were announced on January 27, 2010 and will come into effect on July 28, 2010. The following are the details of the main changes to the TMA. |
| |
|
 |
|
| By Chang Hwan SHIN and Julia Jeehyun KIM |
|
| The Ministry of Culture, Sports and Tourism ("MCST") has recently announced a legislative proposal to amend the current Copyright Act. Key features of the proposed amendment are as follows: |
| |
|
  |
|
 |
|
- Kim & Chang Ranked Again as the Tier 1 Firm in Korea in Managing Intellectual Property ("MIP")'s World IP Survey 2010
- We are proud to announce that since 2003, Kim & Chang has been consistently ranked as the Tier 1 firm in every categories of Managing Intellectual Property's annual survey of the world's leading IP law firms. In 2010, Kim & Chang once again captured the top tier honors for patent and trademark prosecution, contentious work, and copyright work among Korean law firms. This year's survey is the largest to date which is based on research and interviews with hundreds of practitioners and in-house counsels in 75 jurisdictions, including competitors and clients.
|
|
|
|
|
 |
| This e-mail service is provided for general informational purpose only and should not be considered a legal opinion of the firm nor relied upon in lieu of specific advice. |
| If you would like to UNSUBSCRIBE from this service, please click here. |
|
| This e-mail message and any attachments are intended for the exclusive use of the individual or entity named above and may constitute information that is privileged or confidential or otherwise protected from disclosure. Dissemination, distribution, forwarding or copying of this e-mail by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please notify us immediately by telephone or e-mail (all@ip.kimchang.com) and completely delete or destroy any and all electronic or other copies of the original message and any attachments. |
|
|
|
|
