The Seoul High Court recently ruled that an employee's repeated personal use of his or her corporate card, in and of itself, may not always constitute sufficient just cause for termination. The court's ruling is an adverse precedent that may have an impact on many businesses as they consider whether to terminate an employee for personal use of corporate cards. However, this case is now pending before the Supreme Court.
In recognition of the hardship faced by emotional labour workers, there have been increasingly audible calls to improve their working environment, which has led to a view that employers must take proactive steps to protect the health and wellbeing of such employees. Although legislative changes have been insubstantial, the National Assembly of Korea recently passed legislative amendments to the Occupational Safety and Health Act which seek to protect emotional labour workers.
The National Assembly recently passed a legislative amendment designed to reform the Labour Standards Act. The new legislation is projected to have a significant impact on all industries and levels. According to a study by the Korea Economic Research Institute, the additional annual labour costs that companies will incur is likely to exceed W12 trillion ($11 billion) in total.
The 2018 PyeongChang Olympic and Paralympic Winter Games Act, which aims to prohibit the unauthorised use of Olympic Games-related symbols, logos and slogans, did not initially address the issue of ambush marketing, leading to some uncertainty as to whether ambush marketing activities might be tolerated. However, the government has now indicated its intention to regulate such activities by amending the act to add specific provisions on ambush marketing.
The Supreme Court recently issued decisions recognising the inventiveness of two Novartis patents for a compound and a transdermal composition. The decision regarding the compound patent was noteworthy not only because this was the second time that the Supreme Court has recognised the inventiveness of a selection invention in South Korea, but also because both lower tribunals had specifically rejected the inventiveness of the selection invention compound.
Amendments to the Unfair Competition Prevention and Trade Secret Protection Act have expanded the South Korean Intellectual Property Office's (KIPO's) enforcement authority to include dead copy violations. The KIPO recently exercised its new powers for the first time, ordering that Mother Love Inc cease the manufacture and sales of its home meal replacement product. The amendments should benefit small companies which lack sufficient resources to seek effective legal remedies.
One of the first lines of defence in preventing the spread of counterfeit and imitation goods is to stop such goods from entering a country at the borders. Accordingly, IP rights owners should always consider using customs' services as a part of their enforcement programmes in South Korea. In particular, IP rights owners should actively assist Customs in seizure cases and conduct training sessions for customs officers to educate them about their brands.
Substantial efforts are being made by the South Korean government to turn the country into a regional Asian IP hub. The most recent effort involves creating the International IP Hub Court – a specialised court panel within the Patent Court which will decide patent-related appeals in English. To further encourage foreign IP owners to use the Patent Court as a hub for international IP disputes, the government is considering fully implementing the International IP Hub Court.