Korea: "Green list" with drug patents for patent linkage system published

Following a stipulation of the Korean-US Free Trade Agreement (KORUS FTA), Korea initiated a patent linkage system which links market approvals for generic drugs to the status of patents corresponding to the originator's product. According to the KORUS FTA, market approval for generics shall only be granted upon the consent of the patentee.

To implement this new stipulation, the Korea Food and Drug Administration (KFDA) published a list of patents associated to drug products. The list is called "green list" and can be compared to the "Orange Book" in the USA. Among other information, the list includes details about the name of the medical product, the permit holder, the registration number and the estimated expiry date of the related patent.

After the KORUS FTA went into force on 15 March 2012, owners of drug patents had a period of three months to file a request to have their patent included in the "green list". During the three months' period, the KFDA received a total of 960 requests which will be subsequently added to the list.

Unfortunately, the list is available only in Korean so far. However, the EPO prepared a small search guide with translations of the most important terms into English (see below).

You can access the list at the website of the Korea Food and Drug Administration (in Korean only). Please visit our "searching in databases - Korea" section for an English translation of the most important terms.

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