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Asiana IP Newsletter_July of 2015

관리자 │ 2015-08-07

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1. 'International Tribunal,' where legal arguments are made in English will be set up within the Patent Court

A scheme to set up an international tribunal where legal arguments are made in English in the domestic court will be pushed forward.

 

The Intellectual Property (IP) Hub Court Promotion Committee under the Supreme Court held a meeting on the 29th in the Supreme Court Building in Seocho-Dong, Seoul, to discuss a scheme to reinforce international accessibility of the court which serves such a purpose. An international tribunal refers to a justice department, in which legal arguments can be made in foreign languages including English and documents and evidence can be submitted in foreign languages. And decisions made in the tribunal are translated into foreign languages. The Republic of Korea is the first among the Asian countries to set up such an international tribunal.

 

2. KIPO to reorganize the IP evaluation system to a custom-built type this year

KIPO Commissioner Choi Donggyou announced a plan to reorganize the IP valuation system to a custom-built type so that more small-and-medium businesses can receive support for a more efficient funding scheme. This is to take into consideration a public opinion that it is urgent to develop a valuation model related to IP security loans in order to increase support for startups and small-and-medium businesses which are higher in intangible assets such as technological prowess but find it difficult in getting funds from financial institutions.

 

A backdrop of such a plan is the judgment that a more efficient funding scheme is necessary as businesses often have a supply and demand misalignment occurring in the funds needed at each growth stage.

 

3. Legal precedent whether administration cycle and administration dosage are components of an invention

A ruling that in adding administration usage and administration dosage along with the target disease or medicinal effect in the invention of the matter called medicine, such administration usage and administration dosage should be deemed able to become components that impart a new meaning to the matter called medicine by expressing an attribute so that the matter called medicine, instead of the medical activity itself, can integrally display the effect, and new medicinal usages called administration usage and administration dosage are added so that a patent right can be granted anew to a medicine already meeting patent requirements such as novelty and inventive step.

(Supreme Court en banc 2015.05.21. Sentenced 2014 Hu 768 Confirmation of the scope of rights (Patent))

 

4. KIPO will give a 50% cut of patent fees to businesses that release their patents to startups or small-and-medium businesses free of charge

The KIPO announced on the 22nd that a patent release and utilization promotion scheme for such a purpose was finalized at the '14th National Intellectual Property Committee.' First of all, any company that transfers its patent or allows its execution free of charge to a startup or small-and-medium business will have a maximum 50% patent fee reduction benefit from the coming November. At the time of paying the patent fee to the KIPO, the KIPO will provide 'Intellectual Property Points' that can be used in lieu of cash.

 

In addition, the KIPO decided to introduce an 'Internet Patent Indication System' that is adopted in the U. S. and the U. K. for revitalization of the intellectual property indication system.





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