In the case that semi-finished products is manufactured with finished products by processing overseas whether the infringement of patent in U.S.A Korea is acknowledged or not
It is different of each country but it has high possibility that is acknowledged about patent infringement in the case that domestic semi-finished products is made overseas.
Heeyoung JEONG Judge Patent Court of Korea
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.
Heeyoung JEONG judge who participated in the field has been serving as Judge of Patent Court of Korea since Feb 2019. She was appointed as Judge to Seoul Eastern District Court in 2009. She has led her career as a judge at Daejon District Court Suwon District Court and Patent Court. Before the appointment she worked as a patent attorney with several patent law firms from 1997 to 2001 2005. She holds a bachelor’s degree(1996) in Biochemistry from Yonsei University.
Kwangnam KIM judge who participated in the field has served at a Daegu district court Suwon district court since being appointed as a judge from 2010. He graduated at department of law in 2005 from Yonsei University and received an LL.M. Law & Technology Certificate from Berkeley Law School in 2017. He did fellowships in the U. S. California Superior Court and the U.S. Federal Court Northern District of California in 2017.
Professor Dimitry KARSHTEDT who participated through online teaches patent law in George Washington University Law School and his treatises are cited and included in U.S.A major textbook about intellectual property. Before being appointed as a professor he completed a Ph.D. in chemistry from U.C. Berkeley and worked as a staff scientist for a semiconductor materials startup and file an application of related 20 patent and 5 science thesis. Also he received his law degree from Stanford Law School and is in charged of top symposium editor of Stanford Law Review. After the graduation he worked as law clerk of Moore judge of CAFC Kimberly A and before the moving to George Washington University worked as a fellow at the Law and the Biosciences center of Stanford Law school.
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 (Heeyoung JEONG Judge Patent Court of Korea / Kwangnam KIM Judge Patent Court of Korea) : The Supreme Court despite the territoriality principle acknowledged infringement in extremely exceptional cases as the products that practiced the patented invention appeared to be produced in Korea. This would have been more likely if the above series of acts were performed by the same person.
A (Dmitry KARSHTEDT Professor George Washington University Law School) : This would likely be an infringement under § 271(f) which was intended to overrule a contrary result on these facts in Deepsouth Packing Co. vs Laitram Corp. 406 U.S. 518 (1974). In that case the defendant supplied from the U.S. all the parts of a machine that became infringing once it was quickly assembled abroad and the fact pattern in WesternGeco is similar.
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.
Kwangnam KIM Judge Patent Court of Korea
Dmitry KARSHTEDT Professor George Washington University Law School
Photo of participating the live venue
2020 International IP court conference commemorative photo
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