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Yulchon’s Healthcare Practice Group offers a full range of healthcare law services.

We regularly provide legal advice to top healthcare clients in every segment of the health care marketplace, including healthcare service providers, pharmaceutical manufacturers and wholesalers, medical device manufacturers, suppliers and distributors, and therapy companies.
 

Our healthcare attorneys have substantial working with key government policy-making and enforcement agencies, and Yulchon has recently worked with the Ministry of Health, Welfare and Family Affairs and the Korea Food and Drug Administration to establish and amend various regulatory strategies and policies. With such extensive experience and knowledge, we provide healthcare businesses with advice on various regulatory and compliance issues, including assistance with day-to-day operations, internal compliance investigations and review of market strategies. Our Healthcare Practice Group closely cooperates with other practice groups to offer customized services to each healthcare client.
 

Further, Yulchon counsels a number of major healthcare entities in mergers, acquisitions, joint ventures, and financing. We offer a multidisciplinary team-approach to address all aspects of a transaction including tax, antitrust, financing, labor and employment, regulatory compliance, government approvals, and real estate. Our pool of talents with various backgrounds enables us to quickly identify key business and regulatory issues and develop optimal legal structures for transactions pursued by clients to comply with complex regulatory requirements governing health care providers.
 

Major Practice Areas

  • Corporate issues

     - M&A transactions and joint venture projects between pharmaceutical companies
     - Drafting, negotiation, and review of various agreements, such as distribution agreements, supply
       agreements, R&D agreements, licensing agreements, and strategic alliances
     - Due diligence
     - Tax, accounting, customs, and clearance issues
     - Restructuring plans

 

  • Government regulations

     - Approval of medical devices and pharmaceutical products from relevant government authorities
     - Price setting for medications
     - Registration of pharmaceutical products and medical devices for the National Health Insurance coverage
     - Investigation and administrative litigation proceedings involving government agencies
     - Information on new government policy and legislative initiatives in the healthcare industry
     - Legal opinions and petitions to government agencies

 

  • Antitrust

     - KFTC investigations and administrative litigation proceedings related to alleged abuse of market dominance,
       cartels, resale price manipulation and unfair inducement of customers
     - Merger filing procedures
     - Intellectual Property issues related to Antitrust laws
     - Internal corporate investigation and compliance with relevant laws and regulations
     - Drafting and implementation of industry codes of conduct

 

  • Risk Management

     - Product liability
     - Legal risks regarding pharmaceutical products

 

  • Intellectual Property

     - Application, registration, and management of intellectual property rights
     - Consultation and negotiation on licensing and franchising intellectual property rights
     - Administrative adjudications regarding nullification or cancellation of intellectual property rights
     - Intellectual property-related litigation
     - Protecting intellectual property rights through customs procedures, such as procedures involving the
       Korea Trade Commission

 

  • Human Resources Management

     - Drafting and review of various agreements, such as recruitment agreements for healthcare professionals
       and foreign executives, service agreements, non-competition agreements, nondisclosure agreements, and
       other trade secret protection agreements and policies
     - Internal policies, such as work rules
     - Labor litigations and compensation schemes
     - Corporate restructuring

 

  • Litigation and Disputes Resolution

     - Administrative, criminal, and civil litigation proceedings
     - Alternative dispute resolution
     - International arbitration proceedings

Corporate Issues

  • Advised an international pharmaceutical company on the negotiation of the price of drugs in proportion to their usage amount 
  • Advised a Korean pharmaceutical company advice on the acquisition of two companies by 
  • Carried out due diligence on compliance with relevant laws and regulations for an international pharmaceutical company
  • Advised on international trade agreements, such as distribution agreements, supply agreements, and license agreements for pharmaceutical companies
  • Successfully represented a pharmaceutical company facing a tax audit
  • Advised a Korean pharmaceutical company on customs issues 
  • Reviewed contracts and provided advice on vaccine-related issues to a Korean pharmaceutical company and an international pharmaceutical company
  • Advised several international pharmaceutical and medical device companies on marketing policies
  • Advised an international pharmaceutical company related to an internal audit
  • Advised an international pharmaceutical company on the legal issues associated with  marketing in Korea 
  • Provided advice and support related to a license agreement between a Korean pharmaceutical company and an international pharmaceutical company

Government Regulations

  • Advised an international pharmaceutical company on legal issues involving biological pharmaceutics 
  • Advised an international pharmaceutical company on insurance coverage issues 
  • Advised an international pharmaceutical company on vaccine-related liability issues 
  • Provided advice on the restructuring plan of a network hospital in accordance with the revised Medical Service Act
  • Advised an international pharmaceutical company on obtaining a permit for the change of in vitro diagnostic drugs 
  • Provided advice on the DMF evaluation of an international pharmaceutical company, and the GMP evaluation of a Korean pharmaceutical company

Antitrust

  • Successfully represented international and Korean pharmaceutical companies seeking a substantial reduction of KFTC fines
  • Advised an international pharmaceutical company on compliance with competition regulations 
  • Provided advice and support to Korea Pharmaceutical Manufacturers Association (KPMA) and Korean Research-based Pharmaceutical Industry Association (KRPIA) related to revisions of the Fair Trade Code

Intellectual Property

  • Advised Korean and international pharmaceutical companies on patent issues 
  • Advised  a Korean pharmaceutical company on Korean and EU patent issues 
  • Advised two international pharmaceutical companies on issues relating to the classification to medical devices

Litigation and Disputes Resolution

  • Advised on issues relating to a dispute regarding pharmaceutical product prices between a Korean and an international pharmaceutical company 
  • Successfully represented an international pharmaceutical company in litigation regarding sales commissions
  • Successfully  cleared the suspicion for rebates of two international pharmaceutical companies and one Korean company in a rebates investigation
  • Overview of clinical trial industry and regulatory environment in Korea, FDLI Global Business Conference (2016) 
  • Presentation on “Regulatory Environment and IND Process in Korea” at “Workshop for Korea-Japan Cooperation Clinical Trials” hosted by Korea National Enterprise for Clinical Trials(KoNECT)  (2015) 
  • Presentation on “Introduction for International Arbitrations” at “Korea Human Resource Development Institute for Health Welfare” (2015) 
more

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