By Kee-Hong Chun, Attorney at law
The intersection between competition law and intellectual property law has been a contentious issue and one that is currently increasing in Korea.
The Korea Fair Trade Commission (“KFTC”) recently recognized the abuse of intellectual property rights as a priority for enforcement. To this end, the KFTC amended the “Guidelines on the Examination of the Exercise of Intellectual Property Rights”, which came into effect on April 7th, 2010, to provide guidance and set forth scenarios illustrating the possible unfair exercise of intellectual property rights in licensing (including cross-licensing), patent-pooling and standard-setting activities. In 2010 and 2011, the KFTC conducted intellectual property right abuse surveys in the pharmaceutical, IT, chemical and machinery industries.