Written submission on olanzapine patent was filed to the Korean Supreme Court, which was officially accepted by the Court on October 31, 2019. PDF documents of the submission are available at here and here (all in Korean). The submission was endorsed by five CSOs (Knowledge Commune, Commons Foundation, Center for Health and Social Change, Association …
Eli Lilly’s patent on olanzapine product (Zyprexa) invoked a number of disputes with generic companies across the world. The main challenge of the generic companies is the lack of novelty or inventiveness of the patent. Some jurisdictions found the patent valid, and others first decided in favor of generics (for instance, Germany and Korea). In …
Border Measures KORUS grants a power to the customs authorities to suspend release of suspected counterfeit or pirated goods into free circulation when a right holder requests to do so with “adequate evidence”. The suspension should be applied to “all points of entry to its territory” and remain applicable for at least one year. While …
Trade Minister of South Korea should not undermine the ISDS reform objectives pursued by the Prime Minister On July 12, 2019, the Korean Prime Minister officially stated at the National Assembly that he “agreed to abolish investor-state dispute settlement (ISDS)”.[1] This remark is in line with the recommendation of UN human rights experts to UNCITRAL member …
UDHR and its Drafting History of the Right to Science and Culture UDHR was built on the ashes of wars.[1] Drafters of UDHR were trying “to repair damage of war, and to help construct the foundation of a just peace”.[2] This historical root has a connection with the right to science and culture, albeit weaker …
IP has a short history for some attributes of which to be recognised as human rights. IP and human rights have different normative foundations and have developed in isolation. In the last few years, however, a great deal of literatures has discussed IP in terms of human rights. The intersection between HRs and IPRs can …
A number of international, regional and national laws recognize the right to science and culture as human rights. Most important are: the Universal Declaration of Human Rights (UDHR); and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). Both Article 27 of UDHR and Article 15 of ICESCR contain the right to science and …
Introduction The provisions for civil enforcement are to ensure to the maximum extent the economic interests of IP holders. For the full compensation for them, KORUS intervenes the way to calculate the amount of damages. KORUS not only guarantees the compensation of “the injury the right holder has suffered as a result of infringement”, but …
One of the main purposes of the US in bilateral negotiation is to level up the enforcement of IPRs, especially enhanced enforcement provisions that the US sought but failed in achieving at the TRIPS negotiation. During the KORUS talks, the Korean negotiators were more or less sympathetic to the US’ TRIPS-plus proposals on IPR enforcement. …
We have seen many attempts to censor the Internet under the pretext of copyright protection. Notorious attempts are SOPA and PIPA of 2012, which triggered the largest online protest in history and was eventually withdrawn, and ACTA, a plurilateral trade deal killed by the European Parliament in 2012. Now, Korean government tries to enact a much stronger internet censoring rule. …