紹介

Min Seung Ku is a partner at Yulchon LLC and practices primarily in the area of intellectual property as well as other civil, criminal and administrative proceedings in general. Mr. Ku is also the head of the IP Strategy Team under the firm’s IP&Technology Practice and provides legal advice on, and performs litigation relating to, patents, trademarks, copyrights, and unfair competition and trade secret laws across various sectors including electronics, chemical, pharmaceuticals and biotechnology. After serving as a judge advocate of the Republic of Korea Army, Mr. Ku served for 16 years as a judge in various courts, including the Seoul Central District Court, the Supreme Court (presiding judge, head judicial researcher at Intellectual Property Team), and the Seoul High Court. During his service at the Supreme Court as a judicial researcher, Mr. Ku contributed to development of the Supreme Court case law in the civil, criminal and administrative proceedings in relation to intellectual property. Mr. Ku also handled both civil and criminal trials at courts of different levels, such as the Seoul High Court, Daegu District Court, Suwon District Court, and Seoul Central District Court. Mr. Ku also published several research papers based on his expertise in intellectual property.

学歴
  • 2002 Completed the 31st course at the Judicial Research and Training Institute
  • 1999 Passed the 41th National Bar Examination
  • 1999 Seoul National University, LL.B.
経歴
  • 2021-present Yulchon LLC(Head of the IP Strategy Team)
  • 2022-present Content Business Advisor, Content Global Business Support Center、Korea Creative Content Agency
  • 2021-present Arbitrator、Korean Commercial Arbitration Board
  • 2019-2021 High Court Judge、Seoul High Court - intellectual property & application for criminal adjudication
  • 2020-2020 Visiting Scholar、University of California Berkeley
  • 2018-2019 Presiding Judge, Head Judicial Researcher、Intellectual Property Team, Supreme Court
  • 2015-2018 Judge & Presiding Judge, Judicial Researcher、Intellectual Property Team, Supreme Court
  • 2013-2015 Judge、Seoul Central District Court
  • 2010-2013 Judge、Suwon District Court
  • 2008-2010 Judge、Sangju Branch of Daegu District Court
資格
  • 2002 Admitted to Bar 、 Republic of Korea
言語

英語、韓国語

主な実績

主な実績
  • 2022 Represented state-run company H in a damage suit filed by the Korean government and the relevant local government
  • 2022 Represented pharmaceutical company Y in a lawsuit seeking payment of delay penalty
  • 2022 Represented school K in a petition for arbitration filed against its IP management subsidiary regarding distribution of profits
  • 2022 Represented a restaurant franchisor M in a lawsuit seeking preliminary injunction and prohibition of unfair competition against a company that reproduced the restaurant franchisor M’s exterior and interior design without authorization
  • 2022 Represented company H in a lawsuit seeking correction of false news against a broadcasting company
  • 2022 Advised company M on domestic law in a dispute with a global company
  • 2022 Represented a sports association in a Supreme Court case filed by its member regarding confirmation of invalidation of suspension of the match
  • 2022 Advised company H on energy technology dispute with a U.S. company
  • 2022 Advised company M, which is engaged in provision of job training, on violation of contracts and technology theft and responded to the Korea Fair Trade Commission on behalf of company M
  • 2022 Represented company I in filing a criminal complaint against its former employee regarding trade secret infringement

受賞等

受賞等
  • 2025 Leading Lawyer, Intellectual property、asialaw
  • 2025-2026 Bronze, Enforcement and Litigation、World Trademark Review (WTR) 1000
  • 2024 Asia Top 15 IP Lawyers、Asian Legal Business
  • 2024-2026 Litigation star, Intellectual property、Benchmark Litigation Asia-Pacific
  • 2023-2026 Silver, IP Litigation、IAM Patent 1000

お知らせ/資料

論文/著書

Articles 33(1), 92, 93, 214, 215 and 222 of the Design Protection Act, ONJU, LAWnB(2020)

2018 major trends of judicial precedents in intellectual property, Study on Special Law, Vol. 16(2019)

Important element observation and overall observation in determining similarity of combined marks, Commentaries on Supreme Court Decisions, Vol. 118(2019)

Reinstatement registration of trademark and the term of trademark, Commentaries on Supreme Court Decisions, Vol. 118(2019)

The First and second requirements of the doctrine of equivalents, Juris, Vol. 48(2019)

Prior art defense in literal infringement, Commentaries on Supreme Court Decisions, Vol. 114(2018)

Standing to bring a cancellation of trial decision lawsuit by a person not named as the applicant due to a failure to amend the patent application, Commentaries on Supreme Court Decisions, Vol. 114(2018)

Criminal liability of a developer of a program that infringes program copyright for using such a program for business purposes, Commentaries on Supreme Court Decisions, Vol. 114(2018)

Continued use of unregistered trademarks and unlawful use of trademarks, Commentaries on Supreme Court Decisions, Vol. 110(2017)

Methods of determining the unjust profits from unauthorized use of copyright works, Commentaries on Supreme Court Decisions, Vol. 112(2017)

Reference period for determining “unlawful purposes” Under Article 12 of the Internet Address Resources Act, Commentaries on Supreme Court Decisions, Vol. 110(2017)

Scope of equivalents excluded by the doctrine of prosecution history estoppel, Juris, Vol. 41(2017)

Applicability of cumulative inventions, Law & Technology, Vol. 12, Issue 3(2016)

Determining similarity of trademarks in consideration of specific trade situations in trademark infringement litigation, Commentaries on Supreme Court Decisions, Vol. 106(2016)

Categorization of technological protection measures, Commentaries on Supreme Court Decisions, Vol. 106(2016)

Dispositiveness of cancellation registration of trademarks under Article 64(2) of the Trademark Act, Commentaries on Supreme Court Decisions, Vol. 106(2016)

Standard for determining false indication offenses under Article 228 of the Patent Act, Commentaries on Supreme Court Decisions, Vol. 106(2016)

Degree of reproducibility needed to comply with the enable requirement of an invention, Commentaries on Supreme Court Decisions, Vol. 108(2016)

Applicability of cumulative inventions and permissibility of positive scope confirmation trials between rights holders, Commentaries on Supreme Court Decisions, Vol. 108(2016)

Meaning of ‘Cinematization’ under Article 99(1) of the Copyright Act, Commentaries on Supreme Court Decisions, Vol. 108(2016)

Cancellation of provisional seizure decisions after enforcement and reinstatement of cancelled provisional seizure registrations, Gyeonggi Beopjo (paper published by Gyeonggi Central Bar Association), Vol. 19(2012)

お知らせ/資料