People

Hyo Jin Cha

Hyo Jin Cha

Partner
Introduction

Ms. Hyo Jin Cha is currently a partner at Shin & Kim whose main practice areas include bio and healthcare industry, intellectual property, such as patents, utility models, designs, trademarks, and product liability, with a speciality in patents and regulation in the bio-pharmaceutical and cosmetics industries.

After passing the National Examination for Pharmacists, Ms. Cha graduated from Seoul National University College of Pharmacy and completed the 41st Class of the Judicial Research and Training Institute. She served as an expert advisor to the Central Pharmaceutical Affairs Advisory Committee from 2016 to 2018 and received the Grand Prize (in Litigation) at the 4th Korea Legal Awards in 2021 for her work on a claim for damages for a reduction in the price of a brand-name drug from infringement of patent.

Professional Career
  • 2012-PresentShin & Kim LLC
  • 2010-2012Judicial Research & Training Institute of the Supreme Court of Korea
Professional Affiliations
  • 2016-2018Outside Expert, Central Pharmaceutical Affairs Council
Key Experience
  • Advised Korean pharmaceutical companies on issues relating to contracts and disputes, including license agreements, joint research agreements, manufacturing consignment agreements, and exclusive sales agreements
  • Advised and represented clients in court relating to KFDA and other regulatory actions in pharmaceutical, dietary supplement, and cosmetics industries
  • Advised and represented clients charged with violations of the Cosmetics Act (for offenses relating to labeling and advertising)
  • Advised on new branding for a cosmetics company
  • Advised and represented clients charged with infringements of patents relating to cosmetic containers
  • Advised on contractual arrangements for licensing patents for medical devices—drug resistance biomarkers of leukemia
  • Advised on licensing a patent for a cervical cancer vaccine
  • Advised on a collaborative research agreement for the development of a medicine for Alzheimer's disease
  • Advised on patent infringement review on pharmaceutical and medical devices
  • Advised on processes relating to genetic testing for neonatal diseases
  • Advised and represented clients in court relating to reevaluation of choline-based drugs
  • Represented a pharmaceutical company in a claim for invalidation of a use patent for Sildenafil, a medicine for erectile dysfunction, and a use and dosage patent for Tadalafil
  • Represented a client in a claim for damages for a reduction in the price of a brand-name drug due to the launch of a generic drug (which was the first lawsuit of its kind in Korea filed for "damages from drug price reduction")
  • Represented a client in a claim for invalidation of a secondary use patent for Imatinib
  • Represented a client in a claim for invalidation of a patent for Sitagliptin
  • Conducted a research project on the drug price reduction systems in line with the entry of generic drugs from Germany, France, Belgium, Austria, Australia, and Japan
  • Advised a pharmaceutical company on issues relating to price reductions and subsidy withdrawals for a Solifenacin-based salt-modified drug
  • Conducted a research project on the establishment of criteria for the decision on the job inventors at a well-known Korean pharmaceutical company
Education
  • 1998-2003Seoul National University College of Pharmacy (Phar.B)
Qualifications
  • 2012Admitted to bar, Korea
  • 2003Licensed Pharmacist, Korea
Languages

Korean, English

Professional Accolades
  • Litigation Award at the 4th Korea Legal Awards-lawsuit seeking damages for decreased prices of original drugs due to patent infringement

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