The Supreme Court recently issued decisions recognising the inventiveness of two Novartis patents for a compound and a transdermal composition. The decision regarding the compound patent was noteworthy not only because this was the second time that the Supreme Court has recognised the inventiveness of a selection invention in South Korea, but also because both lower tribunals had specifically rejected the inventiveness of the selection invention compound.
Amendments to the Unfair Competition Prevention and Trade Secret Protection Act have expanded the South Korean Intellectual Property Office's (KIPO's) enforcement authority to include dead copy violations. The KIPO recently exercised its new powers for the first time, ordering that Mother Love Inc cease the manufacture and sales of its home meal replacement product. The amendments should benefit small companies which lack sufficient resources to seek effective legal remedies.
One of the first lines of defence in preventing the spread of counterfeit and imitation goods is to stop such goods from entering a country at the borders. Accordingly, IP rights owners should always consider using customs' services as a part of their enforcement programmes in South Korea. In particular, IP rights owners should actively assist Customs in seizure cases and conduct training sessions for customs officers to educate them about their brands.
Substantial efforts are being made by the South Korean government to turn the country into a regional Asian IP hub. The most recent effort involves creating the International IP Hub Court – a specialised court panel within the Patent Court which will decide patent-related appeals in English. To further encourage foreign IP owners to use the Patent Court as a hub for international IP disputes, the government is considering fully implementing the International IP Hub Court.
Pfizer has successfully enforced its patent covering a secondary use of its Lyrica product against 13 generic drug manufacturers in South Korea, and was awarded approximately KRW2.2 billion in damages. The court held that the patent was valid and found infringement on the part of the generic manufacturers. This is the first decision in South Korea in which a court has awarded damages for infringement by generic drug manufacturers of a second medical use patent.