65 results found
NAM & NAM dates back to the very beginnings of Korean IP. Founded in 1952, we have the longest history in the Korean IP field, and are conveniently…
NAM & NAM | South Korea | 14 Aug 2023
Intellectual Property High Court deliberates on joint application rule
According to article 44 the South Korean Patent Act, where the right to obtain a patent is jointly owned, the owners must apply for the patent jointly. One co-owner filing an independent application in violation of this rule constitutes a ground for invalidating the patent under article 133(1)(2). The Intellectual Property High Court of South Korea recently applied this provision to......
NAM & NAM | South Korea | 31 Jul 2023
Window for filing related designs to be extended from one to three years
One useful feature of South Korean design practice is the related design system, which allows a one-year period for filing designs similar to an existing principal design. However, there has been criticism that the one-year period for filing related designs is too short. To rectify this, an amendment to the Design Protection Act will come into effect from 21 December 2023, which will extend......
NAM & NAM | South Korea | 15 May 2023
KIPO moving towards accepting letters of consent to resolve trademark conflicts
If the conflicting goods or services of a pending application are important to the applicant and cannot be deleted, trademark practitioners in Korea are often asked whether it is possible to obtain and submit a letter of consent from the owner of the senior mark, expressing their agreement to the co-existence of both marks on the register. This is a topic that has been considered by the IP......
NAM & NAM | South Korea | 6 Mar 2023
Designs in South Korea: partial versus full examination
With the recent entry into force of the 14th edition of the Locarno Classification, a number of design articles have moved to different classes. This is particularly relevant in South Korea as design applications follow one of two examination tracks – partial examination or full examination – based on the Locarno class of the design article. This article explains the differences between the......
NAM & NAM | South Korea | 23 Jan 2023
When does use of a trade name not infringe trademark rights? Court considers Trademark Act exception clause
The South Korean Patent Court recently ruled on a case concerning limitations on the effect of registered trademark rights. In particular, the Court dealt with the question of whether a party's use of a mark that contained its own name, title and trade name was "in accordance with generally accepted business practices" and thus outside the scope of rights of a similar registered trademark......
NAM & NAM | South Korea | 1 Aug 2022
KIPO publishes examination guidelines for virtual goods
Unsurprisingly, given the fast-growing awareness of the metaverse and its implications for brand owners, the Korean IP Office (KIPO) has seen a sharp hike in the number of trademark applications covering virtual goods. Reacting to this trend, KIPO has issued new examination guidelines for trademark applications covering virtual goods to prevent applicants' confusion and improve examination......
NAM & NAM | South Korea | 6 Jun 2022
Easier restoration of IP rights
Compared with other systems around the world, South Korean IP laws have traditionally applied strict standards for the restoration of IP rights. However, recent revisions have relaxed these requirements, shifting the acceptable standard from "unavoidable reasons" to "justifiable reasons". While it is certainly a positive development that the South Korean IP office is being more lenient in its......
NAM & NAM | South Korea | 18 Apr 2022
Judgment concerning infringement of neighbouring rights holder's reproduction rights
This article discusses a decision relating to infringement of the reproduction rights of a record producer with neighbouring (related) rights in copyright works. It highlights the wholly different rights that multiple parties can have in a work, and serves as a reminder that reproduction rights are limited where neighbouring rights are involved. Infringement is a distinct possibility, even......
