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Asiana IP Newsletter_January of 2016

관리자 │ 2016-02-12

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1. Applications for Intellectual Property Rights increased despite business slump

The KIPO announced on the 28th that the number of Korean applications for intellectual property rights increased last year by 7.0% over the previous year to a total of 475,802 cases, with a 1.6% increase for Patent (213,694 cases) a similar level for Utility Model, as well as a 5.5% increase for Design (67,954 cases), a 7.0% increase for Trademark (185,443 cases), and the like.

Due to the number of patent applications by big businesses decreasing by 9.2%, the number of applications by small and medium businesses exceeded that of applications by big businesses for the first time in Korean history. The top position in patent applications by type was recorded by Samsung Electronics, Ltd. with 6,721 cases, followed by ETRI with 2,280 cases, and KAIST with 947 cases. By field of industry, the most patent applications were from general machinery manufacture (13,132 cases), computer programming/information service (12,708 cases), telecommunication and broadcast equipment manufacturer (11,707 cases), and semiconductor manufacture (11,362 cases).

 

2. [IPnomics] Intellectual Property Systems to be changed beginning with this year

The KIPO announced on the 13th that the Intellectual Property Systems/Support Schemes will be changed beginning with this year for the purpose of strengthening the service for applicants and the competitiveness of intellectual property.

The systems to be changed are for: refund of fees for requesting an examination if decision on Trademark and Design rejection is canceled; alleviation of requirements for recovery of Design rights for which the late payment period or maintenance period has expired; support for easy search for English commodity names and information when applying for foreign Trademarks; operation of a center for reporting infringement of intellectual property rights by phone or online; and free-of-charge support for confidential business consulting in which business secret protection and management standards have been analyzed and diagnosed.

 

3. Small and Medium Business Technology Dispute Control Arbitration Committee will now resolve cases within five months that previously took up to several years so as to prevent technology leakage damage

According to the Small and Medium Business Administration and the Large, Small and Medium Business Cooperation Foundation, the Small and Medium Business Technology Dispute Control Arbitration Committee recently accepted more than 20 applications for mediation in a year providing support for difficult cases facing small and medium businesses.

If a small or medium company that suffered technology leakage damage applies to the Committee for mediation or arbitration, the Arbitration Committee will induce the parties agree within three months, and execute an arbitration decision within five months from the date of decision. The Committee consists of 22 persons including experts such as an incumbent judge, lawyers and attorneys and 15 specialists in machinery, electronics, communications and chemistry, and mediation and arbitration have the same effects as an amicable settlement or final ruling.  

 

4. Fair Trade Commission sets sudden braking on the abuse of patent rights by patent right holders in the medical and pharmaceutical fields

The Fair Trade Commission included in its operational plan for 2016 a clampdown on acts detrimental to creativity and innovation perpetrated by patent users who take advantage of original technology patents. The Commission will keep a close watch on acts by original patent right holders in the medical and pharmaceutical fields involving delaying or blocking the sale of competition products on the condition of withdrawal from the generic market under 'an agreement with a patent user' or acts involving paying a generic developer economic benefits such as the right to sell a new drug. The current granted patent linkage system is a system for protection of new drug patent rights, whereby the patent right holder should be notified of the fact that a grant application was filed for licensing a later drug and the patent right holder prohibits the sale of the later drug for a certain period (9 months at the longest) if they have raised an opposition.




이전글 Asiana IP Newsletter_December of 2015
다음글 Asiana IP Newsletter_February of 2016