South Korea whether to grant international remedies for cross-border infringement of intellectual property rights

Heeyoung JEONG Judge of Patent Court of Korea South 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.

In session 4 which is fourth program of conference sharing of opinion was accomplished about ‘Cross-border Issue in IP Infringement’ by Germany U.S South Korea Japan England and China’s guest speakers.

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.

Q : Please describe if any courts in your country have granted “international remedies” such as site blocking global de-indexing orders or cross-border injunction for cross-border infringement of intellectual property rights.

A : While there are cases where the Korea Communications Commission blocks access to illegal sites such as child pornography it has not been confirmed whether the site is blocked due to infringement on intellectual property rights such as copyright law. Furthermore it was difficult to find cases where such new types of remedies were granted through judicial proceedings. However in patent infringement cases there have been cases in recent years where petitions were made to prohibit exhibition so that the infringing programs can be downloaded via the smartphone open markets such as Google Play and Apple’s App Store but patent infringement was not recognized and thus the above prohibition order was not actually issued.

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 of Patent Court of Korea South Korea

Conference venue participation photo

The front view of 2020 international IP court conference venue

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