Restriction on the abuse of IP rights has become as important as IP protection as it poses threat to the fair trade order. There has been a global tendency of implementing disciplinary actions on the abuse of market-dominant position based on patent rights, particularly in the pharmaceutical and electronics sectors. For franchise businesses, collection of excessive brand or technology royalties has become problematic. Further, disputes over technology theft between big companies and small- and medium-sized companies that arise in connection with subcontracting and supply contracts are rising more frequently and on a larger scale, as they are closely linked to punitive damages.
In a practice focused on fair trade disputes involving IP rights, it is important to have a deep understanding of the technology, business and IP. Our IP Team consists of veteran attorneys with extensive backgrounds in technology and IP who regularly represent clients in disputes over abuse of IP rights and technology theft. With its close cooperation with our Antitrust & Competition Group, the IP Team provides clients with effective legal services. From preemptive legal advice to prevent potential disputes to representation in the Fair Trade Commission(“KFTC”)’s procedures including investigation and deliberation, administrative litigation, claims for damages, and procedures of various trials, litigation, arbitration and mediation to recover IP rights, Jipyong is committed to focusing on our clients’ needs for legal assistance in all facets of the justice system.
Key Practice Areas Close
- Advised clients on IP licensing agreements and franchise agreements
- Advised clients on IP-related fair trade issues, such as standard patents and reverse payment agreements
- Represented clients in KFTC’s procedures related to the abuse of IP rights and technology theft such as reporting to KFTC, response to the report, KFTC investigation and deliberation
- Represented clients in administrative litigation related to the revocation of KFTC’s corrective order and disposition of penalties
- Represented clients in claims for damages, and arbitration and mediation procedures associated with technology theft in subcontracting
- Represented clients in trials for invalidation of patent registration, litigation for revocation of a court decision, and litigation for transfer of patent registration for the recovery of IP rights
- Represented clients in motions for infringement of patents and trade secrets, prohibition of unfair trade practices, and claims for damages
- Represented clients in criminal investigations and proceedings over offenses, and criminal complaints
- Represented Intel as intervenor in the matter involving Qualcomm and KFTC in which Qualcomm sought to revoke KFTC’s corrective order for the alleged abuse of market-dominant position
- Represented a company in a trial for invalidation of the registration of a patent related to floor chairs on the ground of misappropriated application