Export may constitute infringement
Korea has added exporting an invention to the list of what constitutes “practicing an invention”. This means patent holders can claim damages from overseas sales more actively.
“Before the revision, if an unauthorized third party exported patented products overseas, it was not considered patent infringement.”
New Patent Term Extension system
Korea has also introduced two limitations on patent term extensions. The first is that a patent term can’t be extended over 14 years from the date of receipt of marketing approval. The second is that only one patent becomes eligible for patent term extension per approval.
Graph source: Hanol IP & Law newsletter
Consumer Survey Evidence
In trademark litigation, the Korean Supreme Court clarified standards for consumer surveys used as evidence of consumer recognition or perception.