1. Recent Changes to the Korean Patent Act
According to the DOJ, the korean new jersey attorney scheme violated U.S. The foreign
defendants "vociferously argued against producing both their files or their employees into this
region for the duration of this complete litigation." The district court docket reluctantly
quashed the subpoenas, noting a absence of precedence in carrying out so and encouraging
that korean attorney the DOJ consider the problem up on appeal to the ninth Circuit.
Nonetheless, Assess korean new york attorney Noonan responded to the decrease court's
problem for deficiency of situation legislation in the spot. He deemed the reduced court's
view as a "passing of the decision" to the appellate court docket. The decision under was "a
ask for for direction."
The judge applied an previously proven "for each se rule that a grand jury subpoena requires
precedence over a civil protective buy." By a chance of litigation, the paperwork have been
moved from outside the grasp of the grand jury to inside its grasp. No authority forbids the
federal government from closing its grip on what lies in the jurisdiction of the grand jury.
The Takeaway Lesson
The Department of Justice is the large winner in this circumstance. But just how a lot they will
really use this new tactic is not but established. After all, to some extent, they must play
nicely with foreign entities to maintain relations with their governments. But to what extent is
seemingly now a concern of the DOJ's discretion.
Likely ahead, this ruling will have an affect on how law firms deal with foreign clientele
concurrently included in civil and legal litigation. Attorneys in such scenarios will need to
consider meticulously whether or not bringing foreign supplies into the place may possibly
adversely place their customers if and when individuals materials are subpoenaed. They
must ask that age-previous discovery question: Are these paperwork really necessary?
Finally, for youthful attorneys coming into the area of antitrust defense, you could want to
brush up on your Korean, as the greatest method for reducing the danger that a client's
delicate paperwork will stop up in the hands of a grand jury might be just to do document
assessment in Seoul.
The Korean Patent Act and the Korean Utility Model Act had been revised in May possibly
2011, producing it obligatory for patent or utility design apps to disclose info on prior art
associated to the invention.
Up until now, when filing a patent software at the Korean Intellectual Property Office, there
has been no necessity to disclose information on prior art related to the creation in the patent
specification. Nevertheless, it experienced been customary beneath Korean patent apply to
describe qualifications art in the specification, and the lack of this kind of disclosure can

2. usually be regarded as failure to offer sufficient information and fulfill the description needs
for the specification.
As of 01 July 2011, an software filed on or right after this day at the Korean Intellectual
House Business office is needed to disclose details on prior art associated to the invention in
the patent specification. The identical also applies when filing for a Korean Utility Product on
or right after the very same day. Failure to fulfill this requirement will outcome in the
application currently being turned down during the evaluation stage.