Regular Column | Highlighting Legal Risks in Intellectual Property Disputes
Amid a growing number of cases in which warning letters are sent to the business partners of competitors during design right and intellectual property disputes, Attorney Inseok Seo of Jinheon Law Firm cautioned against the risks of premature enforcement of legal rights.
In a recent ruling, the court found that sending warning letters to a competitor’s business partners alleging design right infringement without following proper legal procedures constituted unlawful interference with business. The court further recognized liability for damages, viewing the conduct as an improper form of self-help remedy.
Regarding the decision, Attorney Inseok Seo of Jinheon Law Firm explained, “In intellectual property disputes, it is not uncommon for parties to send warning letters with definitive language to third parties, such as business partners, even before infringement has been legally determined.” He added, “Such actions may lead not only to civil liability for tort damages, but in some cases also to criminal liability for obstruction of business, which requires particular caution.”
He further noted, “If the intellectual property right is later found invalid after a formal notice has been sent, there is a significant possibility of disputes over damages arising from suspended transactions or disruption to business operations.” He emphasized that “the key issue is often not merely the existence of the right itself, but the manner in which that right is exercised.”
Attorney Seo also stressed the importance of exercising caution regarding both the wording and recipients of legal notices, given how frequently such notices are used in practice.
“While formal notices can serve as effective tools for protecting legal rights, thorough legal analysis should come first, especially in the early stages where infringement has not yet been clearly established,” he said. “In particular, notifying third parties such as business partners carries substantial legal risks, and the wording should therefore remain carefully restrained within the bounds of factual statements and legal assertions.”
Meanwhile, Jinheon Law Firm provides legal advisory services in various fields, including corporate counsel, intellectual property disputes, and civil and criminal litigation, based on extensive practical experience in corporate legal risk management.
| View original article : www.tleaves.co.kr/news/articleView.html?idxno=9245
Regular Column | Highlighting Legal Risks in Intellectual Property Disputes
Amid a growing number of cases in which warning letters are sent to the business partners of competitors during design right and intellectual property disputes, Attorney Inseok Seo of Jinheon Law Firm cautioned against the risks of premature enforcement of legal rights.
In a recent ruling, the court found that sending warning letters to a competitor’s business partners alleging design right infringement without following proper legal procedures constituted unlawful interference with business. The court further recognized liability for damages, viewing the conduct as an improper form of self-help remedy.
Regarding the decision, Attorney Inseok Seo of Jinheon Law Firm explained, “In intellectual property disputes, it is not uncommon for parties to send warning letters with definitive language to third parties, such as business partners, even before infringement has been legally determined.” He added, “Such actions may lead not only to civil liability for tort damages, but in some cases also to criminal liability for obstruction of business, which requires particular caution.”
He further noted, “If the intellectual property right is later found invalid after a formal notice has been sent, there is a significant possibility of disputes over damages arising from suspended transactions or disruption to business operations.” He emphasized that “the key issue is often not merely the existence of the right itself, but the manner in which that right is exercised.”
Attorney Seo also stressed the importance of exercising caution regarding both the wording and recipients of legal notices, given how frequently such notices are used in practice.
“While formal notices can serve as effective tools for protecting legal rights, thorough legal analysis should come first, especially in the early stages where infringement has not yet been clearly established,” he said. “In particular, notifying third parties such as business partners carries substantial legal risks, and the wording should therefore remain carefully restrained within the bounds of factual statements and legal assertions.”
Meanwhile, Jinheon Law Firm provides legal advisory services in various fields, including corporate counsel, intellectual property disputes, and civil and criminal litigation, based on extensive practical experience in corporate legal risk management.
| View original article : www.tleaves.co.kr/news/articleView.html?idxno=9245