Can you talk about your notable IP work in the past year?

First of all, I represented a client in a dispute over trade secrets between two globally recognised Korean EV battery manufacturers. The case attracted global attention as EV batteries were related to the most cutting-edge technology and industry. I achieved successful results for my client in the dispute, and as a result, my client was able to be credited for its technology and collect reasonable royalties for its technology.

Second, based on my experience as a former leader of the IP Legal Team at the IP Center of Samsung Electronics, I represented Samsung Electronics in a lawsuit for compensation for employee invention. In Korea, there are lots of ongoing lawsuits of the same kind against Samsung Electronics. The factors I used in calculating the compensation for employee invention to be paid by my client was admitted favorably to my client by the court, and I expect this would favorably affect other similar cases.

Third, I represented Korean chemical company in a dispute with an US chemical company. The court finally dismissed US chemical company’s claim for suspension of operation of a chemical plant that my client had built by investing hundreds of billions won. Also, I contributed to eliminating business risks by helping the client pay minimal damages to US chemical company in return for using a part of technology provided by US chemical company about 20 years ago.

What are some recent IP trends/developments that clients should be mindful of?

One of the recent global IP trends is a growing tendency to protect IP holders even more. In Korea, in addition to conventional IP including patents, trademarks, and copyrights, the scope of pprotectionhas been expanded to areas similar to IP. For instance, there is a move to impose legal liabilities on unfair competition practices (“Any other acts of infringing on other persons’ economic interests by using the outcomes, etc. achieved by them through substantial investment or efforts, for one’s own business without permission, in a manner contrary to fair commercial practices or competition order”).

In particular, active discussions are underway to introduce a large portion of the US discovery system to Korean legal procedures so that IP holders can easily prove infringements and damages at court and the Intellectual Property Office.

What attributes do today’s clients look for in their IP lawyers?

In addition to ssmartphonesand self-driving cars to which numerous patents are applied, businesses based on NFT, Metaverse, and blockchains, where the application of IP-related law is a controversial issue, are growing worldwide. Profound knowledge and hands-on experience in Korean and global IP laws, and good communication skills with foreign IP lawyers are the qualities of professionals that are sought after.