1. Anyone can request a revocation trial for a disused trademark

The range of persons who may request a revocation trial for a registered trademark has been extended such that not only the interested party but also anyone can do so. The KIPO announced that the amended trademark law that includes the above content passed the plenary session of the National Assembly on the 4^th and it would be enforced as of September this year.

By changing the trademark right extinction point so as to be retroactive to the date of request for revocation trial, problems of restricting other people's right of selection and business activity by registering only and not using the trademark may be now resolved. From now on, when the registered trademark becomes extinct in the process of examination, registration can be made immediately and the provision whereby registration of a similar trademark was restricted for one year has been removed so as to save time and costs.  

2. KIPO promulgates an amended patent law and introduces a patent revocation application system

The KIPO introduces a patent revocation application system whereby if a statement of reasons based on prior art is submitted within six months after registering the patent, anybody can have the patent revoked after an examiner's review. Henceforth, just by submitting the reasons for revocation, the remaining procedures will be taken care of by the KIPO. Thus, it is expected that an improper patent can be revoked at minimum cost in the shortest possible time without resulting in a complicated and troublesome invalidation trial. For a speedy settlement of rights, the examination request period has been shortened from five years to three years. Accordingly, it is expected that not only the problem of the settlement of the right for patent invention being delayed will be resolved but also the burden for patent monitoring of the third party such as a company which is preparing for commercialization will be reduced by a great deal.

3. There will be no taxes even if a big business patent that has lapsed for two or more years is used for free

The KIPO announced on the 4^th that it would exempt the value-added taxes due to a voluntary grantee when the patent right holder makes a gratuitous conveyance of a patent held for two or more years. Heretofore, value-added taxes were imposed based on the real transaction price for the transfer of a patent which involves the giving and taking of money. For gratuitous conveyance, value-added taxes were imposed based on the market price, causing an irrational situation in which more taxes should be paid.

Henceforth, when a patent right holder such as a big business transfers a free-open patent will be regarded as a ‘business gift.’ A patent is deemed to have been used from the point of time that it was registered with the KIPO, so the value-added taxes are exempted 25% for each six months and 100% when two years has passed since registration.  

4. Last year saw an increase in the clampdown on Korean-brand fakes

The KIPO announced on the 24^th that there was a big increase in the clampdown on Korean-brand infringements last year as a result of cooperation between KIPO and Korea Customs for the protection of Korean brands. Last year the results of a clampdown by Hong Kong Customs on Korean-brand imitations reached 1.44 million dollars (approximately 1.7 billion won), an increase of more than 10 times over the previous year, and Thai Customs also clamped down on imitations of Korean company-made cosmetics amounting to 500 million won.

Also, there were 112 cases of new intellectual property rights being registered with China Customs by Korean businesses, which is a big increase of three times compared with 39 cases for the year of 2014. So henceforth, it is expected that the clampdown by China Customs on Korean-brand infringements will be strengthened even more.