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South Korea

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Why is a global understanding of intellectual property laws important?

November 16, 2015

Start-ups and small companies attempting to grow their businesses globally are increasingly receiving warning letters …

SOUTH KOREA

October 13, 2015

This year, coun…

Risk of issuing a warning letter to customers of an alleged patent infringer

October 9, 2015

Issuance of a cease and desist letter is usually recognised as the first step to be taken by a patentee against an alleged infringer in a patent infringement dispute in Korea. A warning letter to an alleged infringer …

Tightened regulations on multinational intercompany transactions in Korea 2015

September 1, 2015

Multinational enterprises (MNEs) that operate or contemplate operating multinational businesses in Korea need to be aware of recent changes in the Adjustment of International Taxes Act of Korea …

Anti-trust & Competition

July 22, 2015

This Special Report on Anti-trust & Competition law includes Fasken Martineau DuMoulin’s overview of the merger control regime under Canada’s Competition Act and the foreign investment review regime under the Investment Canada Act in their article Merger control and foreign investment review in Canada, Anjie Law Firm’s article entitled What in-house counsel should know about China’s anti-monopoly law in the intellectual property sector, which gives history and case studies of China’s anti-trust laws in relation to IP and presents the reader with China’s anti-monopoly law’s ‘big question’ and CCI rulings in the e-commerce sector: paving the pathway for a virtual marketplace – Phoenix Legal’s discussion on the anti-trust aspects of online portals as ask whether this innovation has increased competition by generating more businesses or made it so that only the big boys can compete.

Review of the amendments to the Commercial Building Lease Protection Act

July 21, 2015

Under the previous version of the Commercial Building Lease Protection Act (the Act), a commercial tenant could lose the value of its ‘leasehold premium’ (kwon-ri-gum in Korean), which is the monetary …

Bae, Kim & Lee expands Asia reach with new office in Hong Kong

July 17, 2015

Seoul law firm Bae, Kim & Lee (BKL) has established a new office in Hong Kong. The Hong Kong office will boast 450 lawyers and is BKL’s 4th overseas branch, adding to its offices in Beijing …

Bae, Kim & Lee expands Asia reach with new office in Hong Kong

July 17, 2015

Seoul law firm Bae, Kim & Lee (BKL) has established a new office in Hong Kong. The Hong Kong office will boast 450 lawyers and is BKL’s 4th overseas branch, adding to its offices in Beijing …

Amendment to the use and protection of credit information

June 18, 2015

The Use and Protection of Credit Information Act (the Act) was recently amended and is scheduled to take effect on September 12, …

Use of in-kind contributions for new shares subscriptions in Korea

May 14, 2015

When investing in a company by subscribing to new shares, the investor can pay the subscription price in cash or in kind. Contributions …

Patent Protection vs. Fair Competition

April 9, 2015

There has been a significant increase in the number of cases related to the issue of whether the exercise of intellectual property rights violated the Fair Trade Act. These cases have …

KFTC amends the review guidelines on unfair exercise of intellectual property rights

February 10, 2015

On December 17, 2014, the Korea Fair Trade Commission (KFTC) amended the review guidelines on unfair exercise of intellectual property rights (Revised Guidelines), effective December 24, 2014. …

IP & TMT

December 19, 2014

Our IP & TMT Report includes Anjie Law Firm’s article ‘China makes detailed liability rules available for social media’ and the ‘WWE v. Reshma’ case study, courtesy of Anand & Anand. We also get insights from in-house lawyers Ronald Yu and Kenneth Yip, as they discuss ‘A new way to look at IP’ and ‘The case for having an in-house patent engineer’, respectively.

The latest win by Lone Star against national tax service

December 19, 2014

On June 13, 2014, the Seoul Administrative Court ruled in favour of Lone Star Funds and ordered the tax office to refund US$117 million in taxes collected on the sale of a block of shares …

Anti-Trust & Competition

November 19, 2014

Our Anti-trust Report features contributions from Yulchon on ‘Korea’s aggressive antitrust enforcement in financial product markets, and from Phoenix Legal on ‘CCI’s recent decision in the Indian automobile sector: fostering a level playing field’

Anti-Trust & Competition

November 19, 2014

Our Anti-trust Report features contributions from Yulchon on ‘Korea’s aggressive antitrust enforcement in financial product markets, and from Phoenix Legal on ‘CCI’s recent decision in the Indian automobile sector: fostering a level playing field’

v12i5 AMC Magazine

November 19, 2014

To download fil…

South Korea – success as an FTA hub?

November 19, 2014

Koreans often think of themselves as the shrimp between whales and, as the Korean proverb has it, when whales fight it is the shrimp whose back is broken. These days, Korea is more of an orca than a shrimp, but it …

Korean court’s position on parallel importing of genuine goods

October 14, 2014

Parallel importing occurs when a third party imports genuine goods to Korea without the express permission of the sole/exclusive importer of the goods. …

Current trends with Domain Name Disputes

September 15, 2014

There have been many instances where a company, intending to expand its business into the Internet world, learns that someone already has registered and owns the company’s business name on …

Considerations in Contracting with DAPA

July 25, 2014

The Defense Acquisition Program Administration (DAPA) of South Korea is responsible for handling and overseeing projects related to military supplies and defense industry procurement. …

Foreign investment into casino-resorts in Korea

July 2, 2014

In recent years, the Korean regulatory environment has become increasingly aimed at attracting foreign investors and developers to invest into Korea and boost Korea’s tourism industry. Currently eight …

Suggestions for improving Korea’s parallel importation system

June 24, 2014

‘Parallel Importation’ refers to the importation of genuine foreign products (products covered by the trademark of a foreign company with legitimate trademark rights) by third parties, using different distribution …

The FBPA: South Korea’s Act to prevent bribery of foreign officials

April 25, 2014

Recently, several former executives of a large multinational corporation were hit with the largest civil penalty ever for individuals in a corporate foreign bribery case – each was ordered to pay US$524,000. …

Amendment to the Foreign Investment Promotion Act

March 3, 2014

The current Monopoly Regulation and Fair Trade Act (MRFTA) of Korea generally prohibits a second-tier company (i.e., a domestic company …

Project Financing Vehicles (PFVs)

January 16, 2014

The use of Special Purpose Companies (SPCs) has become prevalent in financing large projects that demand substantial amounts of money …

IP & TMT Special Report

December 3, 2013

ASIAN-MENA COUNSEL’s latest IP & TMT Special Report, (Vol 11 Issue 6) features a presentation by Lee International IP & Law Group, co-hosted by ASIAN-MENA COUNSEL, on Brand Protection Strategies for Korea. In a concurrent open discussion with special In-House Community guests, senior foreign attorney, Nicholas Park talked about the counterfeiting situation in South Korea and advised on the legal actions and strategies that could assist organisations in combatting the problem. Joining forces for our Special Report, Paul, Weiss, Rifkind, Wharton & Garrison and Fangda Partners explained the implications of the merger between Two Powerful Chinese media regulators.

Understanding the ‘5 percent rule’ for Korean equity holdings

November 27, 2013

Under Article 147 of the Financial Investment Services and Capital Markets Act (FSCMA), an investor who acquires 5 percent or more …

Liability for a Culpa in Contrahendo in Korean law in light of the Hyundai Group Case

October 24, 2013

In 2010, Hyundai Group, backed by Hyundai Merchant Marine, was named the preferred bidder for the 34.88 percent stake in Hyundai Engineering & Construction (Hyundai E&C)…

Brand protection strategies for Korea

October 15, 2013

Nicholas Park, senior foreign attorney at Lee International IP & Law Group chaired a timely discussion with some of our Seoul in-house thought leaders …

Working with ‘Inter Partes Review’

September 16, 2013

On September 16th, 2012, the US Patent and Trademark Office (USPTO) initiated a new procedure called Inter Partes Review or …

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