1. MFDS submits the final draft of granted patent linkage system to National Assembly

The Ministry of Food and Drug Safety (MFDS) announced that it submitted a “legislative bill for partial amendment to the pharmaceutical affairs law” dated 21^st, which improves and complements the current law, in order to enforce the granted patent linkage system that was introduced according to the Korea-America FTA.

The main contents of the amendment bill of the pharmaceutical affairs law are: improvement of the patent right registration system relating to medicine and medical supplies, introduction of a selling restriction system, introduction of a priority selling item permission system, preparation of the basis for imposing the duties of agreement and submission, etc.

The MFDS explained that the final draft was prepared by improving some inadequacies that were revealed during operation of the current system.

2. Supreme Court rules that Nonghyup Hongsam did not infringe the trademark right of the Korea Ginseng Corporation in the ‘Hongsamjeong’ trademark suit

The Supreme Court Section 2 (Chief Judge: Justice Kim Chang-seok) ruled “the ‘Hongsamjeong (red ginseng extract) G Premium’ of Nonghyup Hongsam (red ginseng) is a trademark as provided in Trademark Law Article 51(1)(ⅱ), and a trademark using a common name of goods is not affected by the trademark right.”  The Court said that in ‘Hongsamjeong G Premium’, ‘Hongsamjeon’ is a common name and the remainder of the name does not provide adequate discernment, so it does not belong to the scope of the rights without the necessity of a comparison so as to determine whether it is identical or similar to the ‘Hongsamjeong G. class’ of the Korea Ginseng Corporation.

3. CPC to be introduced in Korean patent classification … examination quality competitiveness and overseas accessibility are expected to improve

Cooperative Patent Classification (CPC), which is an advanced patent classification system, will be introduced in earnest in January next year.  It is expected that patent classification will proceed with four times greater analysis as compared with the International Patent Classification that is currently used as an international standard and this latest technology will in turn raise search efficiency and enhance examination quality.  CPC is in use or in trial implementation on the premise of introduction in America, Europe, China, Russia, Brazil, etc.

4. Utility models of America and Japan are increasing rapidly in China

Applications in China for utility models by major foreign enterprises of Japan, America, etc. have increased rapidly.  There are many advantages because the rights can be obtained within five months after application and the application expenses are low.  Utility models in China have a right protection period of ten years, which is short compared to patents, but it is possible to secure the right quickly at low cost.