In modern society, product designs have become an important factor contributing to a product's success in competitive markets. Yulchon's IP Group has handled numerous cases involving design patents, including the landmark case of Apple v. Samsung Electronics where the IP Group represented Samsung Electronics in the Korean defense action initiated by Apple alleging, among others, infringement of design patents. Yulchon’s IP Group has the expertise and experience required to represent clients in all major Korean venues, including the Korean Intellectual Property Tribunal and the Korean courts relating to invalidity and infringement. Further, the IP Group can assist with analysis of design patent infringement and invalidity, as well as transfers of design patent ownership.
Major Practice Areas
- Korean Courts
- Design patent infringement and damages litigation, preliminary injunctions, and criminal complaints.
- Korean Intellectual Property Tribunal (validity issues)
- Design patent trial cases, including appeals from KIPO final rejections, confirmation trials for determining
scope of design patent rights, invalidation and revocation.
- Korea Trade Commission (import/export issues)
- Investigations before the Korea Trade Commission relating to design patent infringement.
- Korean Fair Trade Commission
- Investigations before the Fair Trade Commission relating to unfair enforcement of design patent rights.
- International Dispute Management
- International litigation management relating to design patents.
- Legal Advice
- Analyze and advise on non-infringement and invalidity of design patents.
- Review contracts and advise on ownership transfer and licensing of design patents.
- Advise on design patent protection and assertions regarding unregistered product configuration
and external appearances.
- Represented Samsung Electronics in a dispute with Apple relating to allegations of patent and design patent infringement and unfair competition.
- Represented LG Electronics in a design patent infringement litigation relating to mobile phone packaging box design.
- Represented KEPCO in a design patent infringement litigation relating to power meter sealers.
- Represented Company “H” in s design patent infringement litigation relating to carton box design.
- Advised Company “T” relating to a mobile telecommunication device design.
- Advised beverage company relating to beer package design.