Expertise

IP Compliance

overview

With the accelerating pace of technological innovation and commercialization, as well as the growing complexity of intellectual property disputes, the proactive identification and management of IP risks have become essential for businesses. IP issues can arise at every stage of a company's operations, from managing R&D outcomes and technical information to assessing third-party infringement risks before product launches and during marketing and sales activities. Therefore, businesses need to establish comprehensive internal frameworks to identify and manage risks relating to patents, trademarks, designs, copyrights, trade secrets, and unfair competition. They also need to implement effective systems for managing employee inventions and supply chain IP risks.

Shin & Kim's Intellectual Property Practice Group helps clients identify and assess potential IP risks by conducting in-depth analyses of their business models and industry-specific characteristics. Based on these assessments, the IP Group provides comprehensive legal services covering all aspects of IP compliance, including the development of internal policies and governance frameworks, contract review, employee training, and dispute prevention strategies.

With extensive experience in various industries, including semiconductors, pharmaceuticals, biotechnology, information technology, automotive, and consumer products, Shin & Kim offers systematic IP risk management for every stage of a client's business operations. The IP Group aims to minimize the risk of disputes and business uncertainty while helping clients protect, manage, and maximize the value of their intellectual property assets.

Key Services

Shin & Kim provides comprehensive legal services in connection with IP risk management and compliance, including:

  • IP legal risk assessments relating to patents, trademarks, designs, copyrights, and trade secrets
  • Freedom-to-Operate (FTO) analyses prior to product development and commercialization
  • IP compliance advice for advertising, marketing, and branding activities
  • Trade secret protection frameworks and confidential information management policies
  • Assessment of IP-related agreements, including non-disclosure agreements (NDAs), joint development agreements, and license agreements
  • Development of employee invention management systems and policies
  • Development of in-house IP compliance programs, including employee training and compliance manuals
  • Development of IP dispute prevention and risk management strategies
Experience
  • Information governance for a Korean electronics company regarding document management and evidence preservation in preparation for potential U.S. litigation
  • Information governance for a Korean medical device manufacturer regarding management of R&D documentation in preparation of potential U.S. litigation
  • Employee invention framework for a Korean pharmaceutical company to establish criteria for identifying employee inventors and implementation of employee invention compensation system
  • IP management framework for a Korean conglomerat including revisions to its employee invention compensation policy
  • IP compliance arising from the transition to a Patent Information System (PIS)
  • IP compliance assessment for a Korean gas company as part of a broader compliance review
  • IP compliance relating to contract development activities