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2008 Winter Newsletter
2 Feb 2009
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PATENT
The Korean National Assembly recently passed a new bill that implements several key changes to the Korean Patent Act. These changes will give applicants more options and increased flexibility, especially at the final rejection (or the "last preliminary rejection") stage of prosecution before the Korean Intellectual Property Office ("KIPO").
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As companies continue to expand their worldwide patent portfolios, the selection of a proper International Searching Authority ("ISA") / International Preliminary Examination Authority ("IPEA") among the candidate authorities around the world is becoming an important aspect of worldwide patent prosecution. Among these candidate authorities, the Korean Intellectual Property Office ("KIPO") has emerged as an attractive candidate authority because of the quality, speed, and cost of the search results provided by KIPO.
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The Korean Intellectual Property Office ("KIPO") recently announced revisions to certain official fees. The fee changes went into effect on January 1, 2009.
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Korean Intellectual Property Office ("KIPO") announced that effective November 1, 2008, KIPO is introducing a "highly expedited" trial track for adjudicating KIPO trial actions.
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TRADEMARK, DOMAIN NAME & COPYRIGHT

Kim & Chang represented Warner Bros. (Korea) Inc. ("Warner") and its licensees in Korea (collectively, the "Plaintiffs"), in seeking confirmation from the Seoul Central District Court that the Plaintiffs' use of a Korean company (the "Defendant")'s registered "TOM & JERRY" marks does not constitute trademark infringement. The Court ruled in favor of the Plaintiffs, holding that the Plaintiffs' use of the Defendant's TOM & JERRY marks does not constitute trademark infringement (Case No. 2008KaHap1861; decided on October 29, 2008).
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Kim & Chang represented Tiffany and Company, the famous U.S. jewelry manufacturer and retailer (the "Plaintiff"), in two cases against a Korean company, Tiffany Consulting, Co. Ltd. (the "Defendant").
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The Internet Address Dispute Resolution Committee ("IDRC") recently ruled that use of the domain "www.goople.co.kr" (the "Subject Domain Name") by its registrant, Interpark Mobile Co. Ltd. ("Interpark Mobile"), dilutes the distinctiveness of the well-known GOOGLE mark of Google Inc. ("Google"), and thus ordered de-registration of the Subject Domain Name (Case No. D2008-A018; decided on October 22, 2008). Kim & Chang represented Google in its successful action before the IDRC.
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The Seoul High Court recently issued a decision admitting partly a photographer (the "Plaintiff")'s claim for damages against an Internet portal site operator (the "Defendant") for the Defendant's alleged infringement of copyrights by displaying photographs posted in the website of the Plaintiff in the Defendant's image search engine service (Case No. 2008 Na3577, November 19, 2008).
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