law project .docx - Apple Vs Samsung South Korea APPLE INC...

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Apple Vs. Samsung- South Korea APPLE INC. V SAMSUNG ELECTRONICS CO. South Korea Facts - Samsung has filed a lawsuit against Apple for breaching its patent rights in Seoul Central District Court in Korea. Samsung has alleged Apple for breaching five patenting rights pertaining to wireless networking technology and telecommunication. The defendant disagreed with Samsung’s allegation regarding the violation of any type of plaintiff’s patent right and took safeguard of FRAND (Fair, Reasonable and Non-Discriminatory) commitment. Issue - Can a patent holder file a lawsuit against it’s rivals for breaking of it’s patenting right and asking for compensation for contravening the patents which are not as per FRAND. Rule - Patent Act Law, No.950 of 1961 Article 127. Analysis - Samsung has sued Apple for infringement of 5 patent rights. The defendant has defended it self on basis of FRAND declaration which allows the usage of certain standard by every company in an industry. As per FRAND, a company cannot stop any of its rival to use those industrial standards for their services and products as well. Apple has made statement that 1
Apple Vs. Samsung- South Korea they just have used standards of industry which does not lead to any breaking of any patent rights of Samsung. However, Article 127 of Korean Patent Act holds that if any separate legal business entity or an individual is breaking any patent rights, will be liable for fine and their infringed products will not be sold in country. A panel of three judges in Seoul District Court were entrusted the

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