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Expertise

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Border Measures

As growth in global economy continues to be more unpredictable and cross-border competition intensifies, protectionist policies are expanding around the world and increasing the need for appropriate border measures.

Lee & Ko’s Intellectual Property Practice Group, together with Lee & Ko’s Customs Team, provides practical counseling and services for investigating and handling customs clearance related to the import and export of allegedly infringing goods through the Korea Customs Service.  Our Team also has significant experience with cases investigating unfair trade practices and sanctions through the Korea Trade Commission (“KTC”).
Expertise
Investigating and Withholding Customs Clearance

In accordance with the Korea-EU Free Trade Agreement (“FTA”) that became effective in July 2013, withholding of customs clearance expanded from goods that infringe trademarks and copyrights to include goods that infringe patents and design rights.

Lee & Ko’s IP Practice Group represents Intellectual Property Rights (“IPR”) owners to promptly uncover infringing goods through the Trade-related IPR Protection Association (“TIPA”) by collaborating with the client and the Korea Customs Service. The IP Practice Group also works closely with the Customs Team to conduct investigations on behalf of the client through the Korea Customs Service officials to prevent and enforce criminal IPR infringement.

Unfair Trade Practice Investigation 

The Korea Trade Commission reserves the right to investigate and sanction unfair trade practices (e.g., IPR infringement and the import and export of goods violating regulatory requirements).  Lee & Ko’s IP Practice Group advises clients on practical measures to manage the KTC’s investigations and measures.
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Major Cases
  • Advised clients on investigations and obtaining customs clearance through the Korea Customs Service when applying the Korea-EU FTA and the Korea-US FTA
  • Represented numerous global brands in customs clearance withholding cases against trademark infringers
  • Represented a global ink cartridge manufacturer to uncover infringing goods during customs clearance 
  • Advised multiple clients regarding the KTC’s unfair trade practice investigation system 
  • Represented a global inlay manufacturer against infringers
  • Represented a camera lens manufacturer (Respondent side) in a trade secret misappropriation case
  • Represented an ink cartridge manufacturer in a patent infringement case
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Key Contacts
IP Litigation Trade Secret · Company Information Protection Responding to Unfair Competition IP Strategy Consulting IP Compliance Border Measures IP Transactions & Licensing Franchise Game · Sports · Entertainment Copyright · Computer program
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Sun CHANG

Partner

T +82-2-772-4378

E sun.chang@leeko.com

IP Litigation IP Strategy Consulting International Litigation International Arbitration Employee Inventions Border Measures IP Transactions & Licensing Franchise Game · Sports · Entertainment
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Vera Eun Woo LEE

Partner

T +82-2-772-4334

E eunwoo.lee@leeko.com

IP Litigation Trade Secret · Company Information Protection Responding to Unfair Competition Copyright · Computer program Employee Inventions Border Measures Game · Sports · Entertainment Franchise IP Strategy Consulting IP Transactions & Licensing IP Compliance International IP Litigation Mergers & Acquisitions Automotive Industry Product Liability Criminal Defense (Investigations) Criminal Defense (Litigation)
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Hong Seon KIM

Partner

T +82-2-772-4417

E hongseon.kim@leeko.com

Healthcare Healthcare & Pharma Litigation Healthcare · Life Sciences IP Litigation Responding to Unfair Competition IP Strategy Consulting Trade Secret · Company Information Protection International IP Litigation IP Compliance Employee Inventions Border Measures IP Transactions & Licensing Game · Sports · Entertainment Copyright · Computer program Discovery
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Jeonghoon HONG

Partner

T +82-2-2191-3210

E jeonghoon.hong@leeko.com