Partner
TEL |
+82-2-772-4985 |
E-MAIL |
jaewoo.kwak@leeko.com |
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Jaewoo Kwak is a partner specializing in Intellectual Property ("IP") that needs a deep understanding of technology and legal frameworks. He works in a wide range of civil and criminal disputes over IP rights such as patents, trademarks, unfair competition, copyrights, trade secrets, design, domain names, employee invention, licensing, and entertainment.
In particular, based on his work experience and international sensibility from his days with top U.S. law firms, Mr. Kwak is recognized for his excellent expertise in international patent/trade secrets disputes in U.S. Federal Court cases and US ITC investigations, and in discovery task which has recently been in discussion for domestic adoption. Furthermore, he is gaining industry attention by developing and delivering systematic and efficient compliance and risk management solutions using AI (Artificial Intelligence) and e-Discovery/Forensics to clients.
Mr. Kwak also has extensive experience in handling recent and frequent software licensing disputes that has become more frequent recently, providing efficient and strategic advice on all legal and technical issues throughout the initial, negotiation, and resolution phases of the dispute to secure trust from clients.
Furthermore, he has built a robust track record by providing accurate legal analysis and service that practically assists clients in the field of unfair competition/entertainment law, including obtaining the first-ever Supreme Court decision on 'prohibition of free riding'. Mr. Kwak is highly regarded by clients for providing comprehensive and extensive legal advice in all aspects of entertainment laws, ranging from film, music, broadcasting, arts, sports, games, overseas expansion to risk management, based on his experience in numerous transaction and domestic and international litigation and arbitration in providing legal assistance to industry-leading entertainment companies and global entertainment companies.
学歴
2016 |
University of Pennsylvania Law School - LL.M. |
2016 |
University of Pennsylvania Wharton School - Wharton Business and Law Certificate |
2013 |
Seoul National University, School of Law - Ph.D. Course Completion |
2010 |
Judicial Research and Training Institute of the Supreme Court of Korea |
2008 |
Seoul National University, School of Law - LL.M. |
2004 |
Seoul National University - B.S.(Industrial Engineering, valedictorian) |
経歴
2010-Present |
Lee & Ko |
2020-Present |
Korean Intellectual Property Lawyers Association, Member |
2020-Present |
Korea Entertainment Law Society (KELS), Director |
2020-Present |
Korean Film Council, Advisory Counsel |
2019- Present |
International Association of Korean Lawyers (IAKL), Director |
2017 |
Kobre &Kim (New York) |
2016-2017 |
Mayer Brown (Washington, DC) |
主な業務分野
IP訴訟/審判. |
エンターテイメント |
情報保護 |
個人情報紛争 |
不正競争行為への対応 |
紛争解決 |
IP戦略コンサルティング |
営業秘密・企業情報の保護 |
オープンソースソフトウェア |
国際訴訟 |
国際仲裁 |
電気・電子・IT |
機械 |
米国・ヨーロッパ (IP Prosecution) |
国際IP訴訟 |
商標・意匠 |
IP審判 |
IPコンプライアンス |
職務発明 |
水際措置 |
知的財産取引/ライセンス |
ゲーム/スポーツ/エンターテイメント |
Copyright · Computer program |
NFT(Non-Fungible Token) |
Discovery |
Digital Health |
Metaverse |
Tech & AI |
製造物責任 |
資格/会員
Admitted to bar, Korea(2010) |
Admitted to the Patent Bar, Korea(2010) |
言語
主要事例
[Global IP Litigation]
- Advice and strategy for patent infringement case on photovoltaic cells and products (US ITC / D. DEL / Düsseldorf Regional Court / Federal Court of Australia)
- Advice and strategy for trade secret misappropriation case on botulinum toxin products and processes (US ITC)
- Advice and strategy for patent infringement case on battery separators (W.D. NC)
- Advice and strategy for patent infringement and trade secrets misappropriation cases on GOES (grain-oriented electrical steel) (D. NJ)
- Advice and strategy for patent infringement case on airbag modules for automobiles (M.D. AL)
- Advice and strategy for patent infringement case on DAS (distributed antenna system) (N.D. CA)
- Advice and strategy for patent infringement case on PI (polyimide) film (C.D. CA / CAFC / U.S. Supreme Court / ITC)
- Advice and strategy for patent infringement case on slurry for semiconductor (W.D. TX)
- Advice and strategy for patent infringement case on rear view system of automobile (E.D. MI)
- Advice and strategy for patent infringement case on lightning locating system (N.D. TX)
- Advice and strategy for patent infringement case on vector graphic technology (N.D. TX)
- Advice and strategy for patent infringement case on welding electrode (US ITC / N.D. OH)
- Advice and strategy for patent infringement case on biosimilar (D. NJ)
- Advice and strategy for patent infringement case on slide show in webpage (E.D. TX)
- Advice and strategy for patent infringement case on packing container (E.D. MI)
- Strategies for defending against NPE in U.S. patent litigation for Korean companies
- Study for unfair competition investigation system of the ITC for Korea Trade Commission (KTC)
[Patent]
- Patent infringement / licensing case on improved accuracy of proximity and touch detection in mobile devices
- Patent infringement case on Korean-English automatic conversion method
- Patent invalidation case on online capsule abstraction system
- Patent infringement case on x264 codec program
- Patent infringement case on search advertisement on internet portal site
- Patent invalidation case on bounce-back technology
- Patent infringement and invalidation case on deferred payment-type traffic card
- Patent infringement and invalidation case on LED (light emitting diode)
- Patent infringement and invalidation case on angle unit for insulator construction
- Patent license case on pile butt reinforcement device
- Patent infringement case on dyeing bobbin
- Patent infringement case on toothbrush cover
- Patent infringement case on arthritis medications
- Patent infringement case on real estate mortgage loan
- Establishment of patent management company
- Advice on patent map and FTO (Freedom To Operate)
[Trademark]
- Advice on transfer transaction regarding world-famous clothing trademark
- Advice on strategies for global brand trademark portfolio management and protection against unauthorized preoccupation
- Advice on infringement of drug store sign trademark
- Trademark infringement case on the open market system operator's responsibility in aiding and abetting the trademark infringement of counterfeit products
- Trademark infringement, invalidation, and cancellation case regarding cellphone
- Litigations and advice on similar trademarks regarding clothing, shoes, accessory, bicycle
- Trademark prosecution and license case on university hospital logo
- Dispute on online advertisement using trademark as keyword
[Unfair Competition]
- Unfair competition case on unauthorized use of entertainment company's achievement regarding its world-famous K-pop group
- Advice on countermeasure on misappropriation of UI, design, and source code of mobile app
- Advice on misappropriation of idea of small and startup businesses
[Copyright]
- Copyright Infringement case on game
- Copyright and database right Infringement case on web crawling
- Misappropriation case on employer's job posting
- Royalty calculation case on new type of music copyright
- Dispute on publication agreement with royalty
- Copyright infringement and license case on English textbook such as TOEFL, TOEIC, and TEPS
- Copyright and publication right infringement case on hymnal
- Copyright infringement case on musical script
- Misappropriation case on help-wanted advertisement information
- Dispute on similarities between shopping mall advertisements
- Dispute on stop motion advertisement
- Dispute on co-production for film
- Copyright infringement case on music copy on web-hard
- Performing license case on background music service
- Neighboring rights of copyright case on compilation record
- Dispute on music copyright of collective work
- Misappropriation case on background music of car advertisement
- Copyright infringement case on World Cup T-shirt logo
- Misappropriation case on logo art of internet portal site
- Copyright infringement case on damage calculation software regarding car insurance
[Trade Secrets]
- Trade secret misappropriation case on bidding proposal of traffic card system
- Trade secret misappropriation case on manufacturing process and technology of rare earth magnet
- Trade secret misappropriation case on management information
- Drafting Standard NDA (non-disclosure agreement) and advice on NDA engagement
[Design]
- Advice on design infringement of clothes (winter clothes, leggings).
- Design infringement case on agricultural machine and license agreement
- Advice on design infringement of album jacket
[License]
- License violation case on foreign software
- Dispute on software license such as OS(local, server), Office(word processor, spreadsheet, presentation, etc.), PDF, DB, ERP, CAD, Screen Capture, Fonts, etc.
- License agreement regarding patent, trademark, copyright, design, source code, technology transfer, joint research, joint development, etc.
[Entertainment]
- Cases and advice on protection on achievement and brand value of leading entertainment companies
- Advice on dispute about famous idol bands' trademark, copyright, design right
- Cases and advice on portrait rights infringement, defamation, and invasion of the right of publicity of famous celebrities
- Advice on exclusive contracts, model contracts, advertising contracts, event contracts, booking contracts of famous artists and sports players
- Cases and advice on the payment of appearance fees of famous celebrities abroad
- Advice on album and featuring contracts of famous celebrities
- Advice on online concert and relevant brand application strategies
- Advice on script contracts of famous writers
- Advice on misconduct including school violence and disciplinary action regarding famous sports players
- Advice on the amendment of the Popular Culture and Arts Industry Development Act
- Advice on advertising, such as product placement (indirect advertisement) and sponsorship notice
- Advice on entertainment companies' overseas expansion to China and other foreign countries
- Advice on planning, production, and broadcasting of films, dramas, animations, and TV shows for foreign producers
- Advice on various legal matters for the filming of Hollywood or foreign movies in Korea
- Advice on various legal matters for the filming of Korean movies abroad
- Advice on film contracts (pre-production, development, investment, production, permission, cast, crew, location, etc.)
- Case on the return of stolen artwork
- Comprehensive and strategic advice on the risk management in the entertainment industry
[AI (Artificial Intelligence)]
- Advice on establishment of AI based estimation system of car accident damage
- Advice on solution of discovering new drugs using AI
- Advice on semiconductor IP development using AI
- Advice on establishment of AI hub for sharing of data processed by AI
- Advice on open source license processed by AI
- Advice on data collection for developing AI common language model
[ETC]
- Cybersquatting case on domain name of embroidery software, clothes, etc.
- Compensation for employee invention on printer gear; Standards and policy on compensation for employee invention
- Franchise agreement on family restaurant, fast-food restaurant, screen golf shop, etc.
受賞実績
2021 |
Legal Times, recognized as Rising Star in the IP area |
2013 |
Korea Economic Daily, selected as one of the 35 Most Creative Lawyers in Korea |
著書/活動
- Panel discussion on mentoring for Pusan National University Law School (IAKL, Korea, March 24th, 2021)
- Presented on the topic of 'How to Defend the Claim for Infringement on Invention Patents, or What Countermeasures Can be Taken?' (Inter-Pacific Bar Association (IPBA), January 11th / February 25th, 20
- Lectured on the topic of 'M&A and IP Transactions' (SK Group In-house Lecture, December 2020)
- Presented on the topic of 'Efficient Ways to Prove Infringement in Patent Litigation' (Lee & Ko IP Practice Group Annual Fall Seminar for Client, November 3rd, 2020)
- Presented on the topic of 'How to Use Discovery to Specify Practice Mode in Patent Infringement Litigation' (Seoul Central District Court / Korean Intellectual Property Lawyers Association Bench & Ba
- Lectured on the topic of 'Technology Asset Management Practice' (Hanyang University Business School Hyundai Motor Group Namyang R&D Center Global R&D Expert Course, October 16th, 2020)
- Presented on the topic of 'Protection of Enterprise's Legitimate Interest through Unfair Competition Prevention and Trade Secret Protection Act and Relating Practical Issues' (Lee & Ko IP Practice Gro
- Presented on the topic of 'Current State of Korean Music Industry and Copyright' (Seoul National University Center for Law & Technology, November 8th, 2019)
- Lectured on the topic of 'Protection of Enterprise's Legitimate Interest and Brands through Unfair Competition Prevention and Trade Secret Protection Act' (Judicial Research & Training Institute, Supr
- Presented on the topic of 'Presenting with Impact: How to Use Visual Aids in Litigation Presentation' (IBA Annual Conference 2019 held in Seoul, Korea, September 24th, 2019)
- Panel Chair on the topic of 'Trade & Investment into North Korea' (IAKL Annual Conference 2019 held in Seoul, Korea, September 20th, 2019)
- Presented on the topic of 'Brand Protection Strategies for Korean Companies in Philippines' (Philippines Business & Labor Management Seminar 2019 held in Makati, Manila, Philippines, July 9th, 2019)
- Presented on the topic of 'Data Protection in the 4th Industrial Revolution' (IAKL Annual Conference 2018 held in Atlanta, GA, USA, September 14th, 2018)
- Lectured on the topic of 'Protection of Enterprise Brands in the Era of 4th Industrial Revolution' (Seoul National University, Department of Industrial Engineering, April 20th, 2018)
- Presented on the topic of 'The Open Market System Operator's Responsibility in Aiding and Abetting the Trademark Infringement of Counterfeit Products' (Korea Association for Information Law, February
- Lectured on the topic of 'Introduction to Intellectual Property Lawyers' (Seoul National University, College of Business Administration, October 31st, 2013)
- Lectured on the topic of 'Precautions for Developing and Managing Trademarks' (Yonsei University Law School, October 7th, 2013)
- Lectured on the topic of 'The Trends of Copyright Practice in Korea' (Hackers Academia, April 11th, 2013)
- Lectured on the topic of 'Role and Prospect of Intellectual Property Lawyer' (Konkuk University Law School, March 27th, 2012)
- Patent Litigation 2021 - Law and Practice in South Korea' (Chambers and Partners, February 2021)
- 'The South Korean Court Secures the Entertainment Companies Right against Unauthorized Use of their Artists Photos' (IBA Intellectual Property and Entertainment Law Committee, December 2019)
- 'Lee & Ko Successfully Represents Big Hit Entertainment against Unauthorized Use of BTS' Photos' (Legal 500, August 2019)
- 'The Study of Copyright Infringement Concerning Addition and Renovation to Architectural Works' (Law & Technology, Vol.9-2, March 2013)
- 'Research on Unfair Trade Investigation System of U.S. ITC' (Lee & Ko, November 2011)
- 'The Research on UCC Issues in Copyright Act and the Solutions' (Law & Technology, Vol.4-2, March 2008)
- 'The Research on UCC (User Created Contents) Issues in Copyright Act and the Solutions Focusing on UCC Videos' (Seoul National University School of Law, Master's Degree Thesis, February 2008)
- 'Is the Use of a Music Streaming Service an Infringement of the Right of Reproduction?' (Creations & Rights, Issue 46, March 2007)
- 'Legislative Proposal for Personal Information Protection' (Center for Law & Technology Working Paper 2006-3, September 2006)
- Deep learning AI resurrects Kwang Seok Kim, composes KPOP in 30 seconds (JoongAng Sunday, January 23rd, 2021)
- 'Stop patent troll attacks!' IP task forces, a shield of Korean corporations (Korea Economic Daily, January 3rd, 2021)
- Lee & Ko IP Practice Group says that strong sanctions on leakage of trade secrets are necessary to successfully introduce 'K-discovery' (E-Today, November 23rd, 2020)
- Lee & Ko successfully finished the annual fall seminar for client (Lawtimes, November 6th, 2020)
- [Legal Profession Insight] It was portrait rights that cracked down on fake BTS photobooks? (Financial News, May 17th, 2020)
- Lee & Ko held the annual fall seminar for client (Lawtimes, November 19th, 2019)
- [Legal Times Special Report] Presenting with impact: why personalities and visual aids matter for pitching, litigation and client maintenance (Legal Times, October 13th, 2019)
- Lee & Ko International IP Dispute Team shows strength in discovery practice in U.S. IP litigation (Korea Economic Daily, August 4th, 2019)
- The South Korean Court first recognized an infringement of entertainment company's rights regarding free-riding on reputation of their famous artists (Lawtimes, July 12th, 2019)
- Business and labor management seminar for Korean companies operating in Philippines was successfully held in Philippines (Republic of Korea Policy Briefing, July 9th, 2019)
- Unauthorized BTS photobook publication in brakes, the first recognition of infringement of entertainment company's rights by the court (Financial News, June 14th 2019)
- [Legal Up & Down] Lee & Ko beat BKL in a come-from-behind victory in copyright litigation regarding the music in stores (Chosun Biz, September 5th, 2016)
- [Seeking Career] Lawyer (JoongAng Daily, December 24th, 2014)
- The South Korean Court awarded the largest damage in history regarding illegal music sharing using web hard (Electronic Times, February 21st, 2011)