The 2020 International IP Court Conference an international exchange event of the professionals in the IP field consisting of five sessions which are status of international trials high technology and patent eligibility major issues in design litigation cross-border patent infringement and mock trials has been ended successfully on November 12.

Share of opinion between Germany China U.S.A Japan and Koreas guest speakers was made about ‘Cross-border Issue in IP Infringement in the session 4 that is 4th program of conference.

Klaus BACHER a judge who participated with online worked at Intellectual Property Department in Manhain District Court from 1995 after he completed doctors of law and appointed a judge at Local Court (Amtsgericht) in Freiburg in 1994. From 1997 to 2000 he also was appointed as a minister of justice in Baden province and from 2000 to 2003 he worked as a judicial researcher in Supreme court dedicated to intellectual property. After that time he worked Intellectual property department in a court of appeal and in 2009 was appointed as a judge to the Federal Court of Justice (Bundesgerichtshof) in Germany so in charged of patent and ant-trust cases and has been working as a presiding judge in patent department of 10th Civil Senate from 2020. He also published many scientific book like the law of German Patent Act the Code of Civil Procedure and the Act against Restraints of Competition etc.

Attorney Linghu HAN is partner of Lifang & Partners Law Firm in Beijing of China and representative of Lifang foreign legal advice service office in China. In 2004 he completed a Master of Commerce Laws in Keio university in Japan and worked as a North East and South detective in Beijing. He worked at attorney field from 2000 to offered legal service like arbitration lawsuit labor franchise intellectual property and law of company a credit of investment to multinational corporation that are entertainment food bank steel electronics and chemistry of Japan and Korea until now. Main cases were to offering legal service to POSCO JYP SK Honda Toyota Mizuho Financial Group Inc etc. Nowadays he is working as the 1st appointed advisor of China law and China legal from the Ministry of Justice Korea and in various field like trade corporation intellectual property center and medical tour in Korea and Japan.

Q : If a substantial portion of production is completed and semi-finished products with the key features were produced in your country and these semi-finished products go through minor processing to produce finished products overseas (overseas processing scheduled at the time of export) would this constitute patent infringement?

A (Klaus BACHER Judge Federal Court of Justice Germany) : In a recent decision the Federal Court of Justice decided that supplying a product which under economic aspects can only be used to manufacture a patented product constitutes an act of direct infringement. This principle could also apply in the scenario given above. 

A (Linghu HAN Attorney Lifang & Partners) : As in Talent Company vs Super Company mentioned above if direct infringement is sure to or about to occur a Chinese court would directly decide that indirect infringement has occurred regardless of whether direct infringement has actually occurred. However in Chinese judicial practice direct infringement is still a precondition for indirect infringement. Therefore under the current judicial environment it is quite difficult to determine the above to constitute infringement.

This conference held on November 12 2020 was held at the Grand Hyatt Hotel in Seoul under the theme of Court IP and Globalization with the method using parallel online and offline to prevent the spread out of Covid 19.

Focusing on IP5 which are United States China Japan and Germany about 300 IP related professionals from 8 nations around the world participated online and offline to share and progress IP issues with various cases.

The 2020 International IP Court Conference was ended in great success raising the status of the IP international trial in Korea covering five sessions and mock trials.