Mr. Sukho Joo is currently a partner at Shin & Kim. His practice focuses on litigation and counseling related to intellectual property rights, including trade secrets, unfair competition, non-competition, patents, technology transfer, SW licenses, copyrights, games, media and content, entertainment, and trademarks.

Mr. Joo graduated from Seoul Science High School and obtained a bachelor’s degree from the Department of Mechanical Engineering at KAIST. Mr. Joo’s background in technology and science has enabled him to successfully represent clients in IP, license and non-compete disputes in various high-tech industries, including semiconductor, display, electricity, steel, automobile, ship, heavy industry, bio, energy, precision machinery, robotics, IT and data, and provide related advice.

Mr. Joo has represented and advised clients in numerous disputes and transactions in the copyright, gaming, media and content, and entertainment fields. In particular, Mr. Joo won in an unfair competition case before the Supreme Court, which is dubbed “the first case involving an unfair competitive act of misappropriation of intellectual achievements related to the features and UI/UX of a large online mall platform”.

Mr. Joo also has considerable experience in administrative litigation, as he conducted healthcare administrative lawsuits and advised business units at the Regulatory Reform and Legal Affairs Division of the Ministry of Health and Welfare for about two years while serving as a public service advocate, and conducted industrial accident administrative lawsuits at the Korea Workers’ Compensation and Welfare Service. Mr. Joo is an experienced general civil and criminal litigation attorney and has obtained a number of victories and acquittals, including a reverse and remand from the Supreme Court on the interpretation of Article 42 of the Local Public Officials Act regarding the scope of the appointing authority’s discretion in the promotion of local public officials.

When dealing with disputes, Mr. Joo thoroughly checks the facts in advance to plan the best strategy, including evidence gathering, in a given situation. Clients have been satisfied with Mr. Joo’s creativity and persistence in finding the best legal arguments. Mr. Joo strives to consider and reflect the client’s position and needs as much as possible when providing advice.

Dispute and advice related to unfair competition

• Represented client in a dispute against an e-commerce company involving misappropriation of intellectual achievement relating to a “function within an online shopping platform (grouping service)”
• Represented client in a dispute against an IT company over misappropriation of intellectual achievement relating to “tax accounting SW functions and UI/UX”
• Advised an e-commerce company on misappropriation of intellectual achievement relating to TV broadcasting product services and UI/UX
• Advised a publisher on patent infringement and idea theft relating to art education books and teaching materials for children
• Advised client on copyrights and acts of unfair competition relating to draft plans, tele-scripts, video scripts, etc. of an idol star program

Dispute and advice related to business secret

• Represented client in a criminal lawsuit against a large electric company involving infringement of trade secrets relating to gas insulated switchgear (GIS)
• Represented client in a civil lawsuit involving infringement of trade secrets relating to steel products, including mild steel wire rods
• Represented client in a criminal lawsuit involving infringement of trade secrets relating to ELA equipment reversal optical system and OCR inkjet equipment
• Represented client in civil/criminal lawsuits involving trade secret infringement relating to the manufacturing process of botulinum strain and toxin
• Represented client in a criminal lawsuit involving trade secret infringement relating to ice maker and ice-making water purifier
• Represented a semiconductor equipment manufacturer in a criminal lawsuit involving trade secret infringement relating to CVD (chemical vapor deposition) chamber and CVD Sic manufacturing process
• Advised a battery and energy company on trade secret infringement issues relating to an agreement on purchase of solvent recovery system (SRS) absorber
• Advised a heavy industry company on the execution of an NDA and trade secret infringement relating to remote control system of the output of a control engine used for ships
• Advised client on trade secret infringement, professional malpractice, and execution of an NDA relating to a bid for the supply of PE buoyant materials of floating solar panels

Dispute and advice related to non-solicitation and non-competition agreements

• Represented client in a dispute against an e-commerce company over a non-solicitation agreement for head of department-level employees
• Represented client in a dispute against a steel company over non-solicitation agreements for head of department-level officers
• Advised a telecommunications company on a non-competition agreement regarding its officers and employees
• Advised client on a non-solicitation agreement entered into among digital music distributors regarding head of department-level officers, trade secret infringement, and misappropriation of intellectual achievement
• Advised a web novel company on NDAs, business obstruction, and professional malfeasance relating to simultaneous move of its employees and authors to another company and serial publications

Dispute and advice related to patents

• Represented client in a dispute against a machine equipment company over a patent relating to a separation apparatus of a metal plate cutting machine
• Represented client in a dispute over patent infringement and idea theft relating to a method of issuing an electronic receipt with a POS terminal
• Represented a photonic equipment manufacturer in a dispute over patent infringement and trade rights relating to “laser welder” and “epoxy equipment”
• Represented an electric equipment manufacturer in a dispute over a patent relating to a soft x-ray tube module of an ionizer
• Represented client in a dispute on patent infringement relating to fire extinguishing equipment valves and fire extinguishing system
• Advised client on a dispute over a patent relating to ice-making water purifier between water purifier manufacturers
• Advised a steel company on a patent relating to a method of manufacturing steel plates for vehicles
• Advised an environment and energy company on a patent relating to a ceiling type air cleaner equipped with lighting

Dispute and advice related to technology transfer/implementation/development services, SW licenses, system establishment, etc.

• Represented client in a dispute against a screen baseball business operator over a technology transfer agreement relating to object motion recognition and simulation technology
• Represented a global software company in a dispute over a license agreement relating to press processing mold simulation SW
• Represented client in a dispute against a credit information institution over an agreement relating to the establishment of a credit information big-data system
• Represented an IT company in a dispute over an agreement relating to the establishment of global ERP integrated system and extension modules, including POP solutions
• Advised a car electronic component manufacturer on a technology service agreement concerning SW equipped with autonomous driving integrated controller
• Advised client on Oracle SW ULA (Unlimited License Agreement) between affiliates of companies
• Advised an energy company on an agreement on the transfer of organic waste biogas digestion technology and operation know-how
• Advised a government-funded research institute on a dispute over royalty for oxime system photoinitiator under joint patent application
• Advised an electricity company on a dispute relating to standard/non-standard compatible technology of low-voltage remote metering PLC chips
• Advised an environment and energy company on a technology transfer agreement relating to industrial Mesh communication and system management technology
• Advised a car component manufacturer on license agreements, etc. relating to service robot technology and block-coil motor for robot

Dispute and advice related to copyright

• Represented client in a dispute against a comprehensive programming broadcaster over a copyright infringement and misappropriation of intellectual achievement relating to the “Mr. Trot program format”
• Represented client in a criminal dispute against an online English education service provider over a copyright related to an investor relations (IR) material
• Advised client on music copyrights relating to the uploading of a video advertisement to a third party’s YouTube channel and production of a secondary workpiece thereof
• Advised a software company on copyrights and business secret-related disputes relating to managerial information and research management system source code
• Advised a web-novel company on a joint business agreement on the creation of a webtoon with an original work (novel)
• Advised an IT company on the right of integrity relating to AI DJ services
• Advised client on copyrights and unfair terms and conditions relating to the use of, and provision to affiliate companies, deep learning data on members’ works
• Advised client on terms and conditions of use relating to sharing IP of outcome from the deep learning of members’ works with affiliates
• Advised client on copyrights, acts of unfair competition, etc. relating to the disclosure of statistics and analyses of data on collected news comments
• Advised client on copyrights relating to the provision of members’ works via an AI platform installed on an application of another company
• Advised client on copyrights and acts of unfair competition relating to communication and program development using PG’s communication specifications
• Advised a character IP company on IP and licenses relating to a webtoon personifying licensed characters
• Advised an IT company on copyrights and acts of unfair competition relating to a location-based mobile application for secondhand trading
• Advised a central government department on the attribution of breakage income among the online music service provider, copyright holder, and consumer
• Advised a central government department on the regular membership of a certain copyright association as copyright trustee
• Advised a central government department on unfair terms and conditions of a copyright trust agreement of a certain copyright association
• Advised a local municipality on copyrights relating to the reproduction and distribution of a casebook of civil petitions on laws with a public servant as the editor thereof
• Advised a public institution on news copyrights relating to the free provision of news search and analysis service API

Advice on digital technology, data and IT

• Advised client on an agreement on the supply of digital content relating to the sale of restaurant data between IT companies
• Advised an IT company on the issue whether a “search word” in a search advertisement constitutes an advertisement
• Advised client on the Act on the Consumer Protection in Electronic Commerce relating to mail order via an extended program of an AI platform application
• Advised client on film rating under the Promotion of the Motion Pictures and Video Products Act relating to a member’s work provided via a advertisement-free flat-rate pricing plan
• Advised an IT company on minimum countermeasures of online service providers relating to child pornography
• Advised client on the Digital Signature Act and Regulations on Supervision of Electronic Finance relating to a verification system adopting public key infrastructure (PKI)
• Advised an SI company on unfair terms and conditions relating to the limitation of liability of a business operator under terms and conditions on the use of cloud services
• Advised a government-funded research institute on the temporary withholding and/or rejection of an application for the commencement of the test of the security function of network equipment
• Advised a public institution on the terms and conditions of the use of health care data safe zones and security undertaking

Advice on games

• Advised a central government department on domestic and international issues on copyright in game and e-sports industries
• Advised a large game company in China on consent to the terms and conditions of use, privacy policy, collection of personal information and marketing
• Advised a character IP company on the terms and conditions of use and operation policy of game services
• Advised a global game company on EULA relating to the mandatory ESD account linking for cross-play between platforms
• Advised a global game company on the copyright of lyrics relating to in-game character voice lines
• Advised a global game company on agreements about the arranger, musician, and conductor relating to a game music live concert
• Advised a global game company on the Act on the Consumer Protection in Electronic Commerce relating to the “withdrawal of a subscription for items functioning as money within a game”
• Advised a global game company on the EULA relating to different item refund policies for different platforms (PC/mobile)
• Advised client on the EULA, Framework Act on Consumers, and Act on the Consumer Protection in Electronic Commerce relating to the deletion of paid items within a multiplayer game
• Advised a sports company on a license agreement relating to the implementation of a real uniform within an online soccer game

Dispute and advice related to media and content

• Represented a terrestrial broadcaster in a dispute against a famous drama writer over obligations to write a TV show script
• Represented a famous drama writer in a dispute against a comprehensive programing broadcaster over writer’s fees for a TV show script
• Advised client on a TV show remake agreement executed with TV show script writer and a terrestrial broadcaster
• Advised an incorporated association on the Act on Implementation of Advertisements by Government Agencies and Public Corporations relating to whether government advertising procedures on the announcement of sponsors were followed
• Advised a character IP company on an agreement on the permission of a theme park to use animation IP
• Advised a character IP company on a digital, marketing, and content service entrustment agreement
• Advised client on the Monopoly Regulation and Fair Trade Act relating to the imposition of fees on a licensee upon the transfer of a character license
• Advised a German automobile company on an agreement on the production of digital art for NFT and its sale and promotion

Dispute and advice related to entertainment

• Represented clients in multiple disputes between famous idol singers and entertainment management companies over settlement money and/or termination of exclusive contract
• Represented client in civil/criminal disputes involving defamation claim between a famous singer and YouTube creator
• Represented client in civil/criminal disputes between officers and employees of an entertainment management company and trainees thereof over indecent acts by force
• Advised client on a dispute over a director agreement executed among a film director, entertainment management company, and film company
• Advised a famous actor on defamation claims related to rumors of school violence

Dispute and advice related to trademarks

• Represented client in a trademark infringement dispute between a cosmetics company and a beauty academy over “BEAUTY PEOPLE” and “BEAUTY PEOPLE” mark
• Represented client in disputes between food and beverage export/import companies over a trademark and domain name relating to the “Dellos” mark
• Advised client on trademark infringement and acts of unfair competition relating to disputes between global game companies over the infringements of game name marks
• Advised client on a dispute between online education companies over service marks relating to the Free Pass” mark

Product liability-related dispute

• Represented a German automobile company in a product liability dispute involving a vehicle fire accident
• Represented an electricity company in a product liability dispute involving a vacuum circuit breaker outage accident at a distribution board in an electric room

Other civil/criminal disputes and advice

• Represented client in a case where the Supreme Court reversed and remanded on the lower court’s findings on the interpretation of Article 42 of the Local Public Officials Act regarding the scope of the discretionary power of a person with appointment authority with respect to the promotion and appointment of local public officials
  (The Supreme Court’s 2021Do13197 Judgment dated February 11, 2022)
• Represented client in a civil dispute over the effect of an arbitration clause in a membership agreement executed with a tenant
• Represented client in a civil dispute over a contract among a tobacco company, a tipping paper manufacturer, and a cigarette box packaging printing company
• Represented client in civil/criminal disputes over business obstruction, defamation, etc. relating to the cord blood storage project
• Represented client in an international arbitration dispute over an agreement for exclusive distribution in China executed between a Chinese company and a cosmetics company
• Advised client on defamation, business obstruction, and the Act on Fair Labeling and Advertising relating to a blog advertisement that denigrates products of other companies