SOUTH KOREA Trends and Developments Contributed by: Keum Nang Park, Eileen Jaiyoung Shin, Eunkyoung Lyu and Soo Yeon Park, Lee & Ko
with their specific global launch schedules and regula- tory milestones. A proactive shield: border enforcement through Korea Customs Service For patent holders, a significant but often underu- tilised tool in Korea is border enforcement. Beyond traditional civil lawsuits and preliminary injunctions, companies are increasingly registering their patents with the Korea Customs Service (KCS).
Once a patent is registered with the KCS, customs officials can monitor and identify goods suspected of infringement during the import and export pro- cess. If such goods are identified during the clear- ance process, the KCS notifies the patent holder. The patent holder may then, upon posting a bond, request a suspension of customs clearance for the suspected goods. This serves as a powerful, proactive measure to prevent infringing products from enter- ing the domestic distribution channel entirely. Given the increasing movement of biopharmaceutical prod- ucts through global supply chains, this border con- trol mechanism has become a crucial component of a comprehensive IP enforcement strategy in Korea.
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