Region: South Korea

Supreme Court establishes criteria for application of UCPA’s ‘catch-all’ provision

Recent decisions of the Korean Supreme Court relating to K-pop and golf have shed light on the criteria that right holders must fulfil in order to seek redress under the ‘catch-all’ provision of the Unfair Competition Prevention and Trade Secret Protection Act.

03 June 2020

Expedited examination of trademark filings now easier to request

The Korean Intellectual Property Office is now allowing requests for expedited examination as long as the applicant pays for a prior trademark search. It is expected that requests for expedited examination will rise as a result.

07 April 2020

Samsung knows how to stand out from the crowd, and this is key to building its brand equity

The company has survived ups and downs with relative ease by focusing on its core values of quality and innovation.

03 April 2020

Supreme Court holds that first sale doctrine still applies to sales of goods in violation of sales restrictions in licence agreement

In a blow for licensors in South Korea, the Supreme Court has held that a distributor which sold products that it believed to have been lawfully obtained from a trademark licensee was not criminally liable for trademark infringement.

01 April 2020

How intellectual property transformed the e-sports industry: interview with Fnatic’s Andrew Cooke

In a conversation with WTR, Andrew Cooke, general counsel of e-sports team Fnatic, reveals that an entire generation of e-sports athletes are waking up to the power of their IP as brands race to catch up with this rapidly evolving consumer market.

27 February 2020

Newly-amended examination guidelines include detailed standards for reviewing secondary meaning

The Korean Intellectual Property Office’s amended trademark examination guidelines, which came into effect on 1 January 2020, provide specific criteria for determining whether a mark has acquired secondary meaning.

20 February 2020

More encouraging news for owners of products with famous shapes: district court recognises distinctive nature of Chanel bags

A recent decision of the Seoul Central District Court in a case involving lookalike Chanel bags should encourage owners of products with famous shapes to consider taking more forceful steps to stop the sales of lookalikes in Korea.

17 February 2020