Hanol IP & Law

Min Son of Hanol IP & Law looks ahead at the key deadlines in the South Korean drug patent market for 2021

Korea Seed Industry Act (KSIA) and its Implementing Regulation, effective as of June 19 2020, a person who intends to sell propagating materials of certain types of foreign plant varieties should report this fact to the Ministry for Agriculture Food and Rural Affairs (MAFRA), along with submission of evidence proving that such propagating materials have been "legally obtained" (Article 38 of KSIA, Article 27 of Implementing Regulation thereof). In other words, in order to sell propagating materials of foreign plant varieties in Korea, a seed supplier shall have a duty to prove that he has lawfully acquired the same.

On May 20 2020, the Korean Patent Act (KPA) was amended such that mixed damages of lost profits and a reasonable royalty for patent infringement may be claimed by a patentee and awarded by the court. The amendment will apply to damages filed for on or after December 10 2020.

Recently, the Korean Patent Court rendered a favourable decision on the patentability of medical use inventions in which strict scrutiny was employed for two aspects of the enablement and inventiveness requirements.

It is often time that matters in business. For trademarks, a prompt registration is probably the single most important issue in all areas of business, not just in the fashion industry. In Korea, it takes approximately one to 1.2 years to obtain a registered trademark using the regular system. However, this period can be shortened substantially if one uses fast-track examination.

As of December 2019, designs of trendy fashion items can be registered within 10 days in Korea.