Both LG Chem v. SK Innovation case and the Medytox v Daewoong Pharmaceutical case were cases in which domestic companies proceeded with intellectual property infringement cases in the United States at the US International Trade Commission (USITC). Reg...
Both LG Chem v. SK Innovation case and the Medytox v Daewoong Pharmaceutical case were cases in which domestic companies proceeded with intellectual property infringement cases in the United States at the US International Trade Commission (USITC). Regarding the awareness of the question of why the US Trade Commission, rather than the Korean courts or the Korean Trade Commission, should handle disputes between Korean domestic companies, this paper summarizes and derives the suggestions by the analysis of two cases. By reviewing the cases resolved by the US International Trade Commission, LG Chem v. The SK Innovation case and the Medytox v Daewoong Pharmaceutical case shows us a number of points we have to make for the betterment of the our legal system in terms of the procedural rules.
As a result of the analysis, the fact that the US market was important to the companies in the two target cases is not something that we can solve by improving the legal system. Although the courts and the Trade Commission are not inferior to the US Trade Commission in terms of the processing speed, there are differences in evidence discovery system. To make KTC more attractive jurisdiction, evidence investigation system needs to be supplemented through legislation. Another difference between Korea and the US is the sanctions against obstruction of evidence, so it was considered necessary to supplement the sanctions against obstruction of evidences in the case of unfair trade practices, including infringement of trade secrets and other intellectual properties. Lastly, there is a need to supplement the protective order in the case of trade secret infringement. Currently, there is a protective order system in case of infringement of trade secrets, but several problems are revealed in practice in the operation of the current system, so it is necessary to supplement it.