1. Small and medium businesses lost in all patent disputes against big businesses this year

 

It was found that small and medium businesses did not win in any patent disputes against big businesses this year. Although the importance of a coexistence between the big business and the small and medium businesses has been emphasized, the foothold of the small and medium businesses has shown to be reduced in patent trials, which require high costs and specialized information. According to data of ‘the current state of inter-parties trials between the big business and the small and medium businesses’, which Kim Jung-Hoon, a Saenuri Party member of the National Assembly, received from the KIPO, the small and medium businesses did not win any of 14 patent trial decisions on disputes against the big business up until July this year. The percentage of small and medium businesses losing patent suits against big businesses sharply increased to 83.3% (25/30 cases) last year from 49.2% (29/59 cases) in 2014. Small and medium businesses put up a relatively good fight in the trademark field by improving the percentage of winning patent suits to 61.9% (27/43 cases) this year. The overall percentage of small and medium businesses winning patent suits in inter-parties trials against big businesses in 2013 was no more than 36.3%, but recorded 44.9% respectively in 2014 and 2015.

 

2. Supreme Court rules the trademark filed by Samsung C&T Corporation is similar to trademark 'Bali'

 

The Supreme Court Section 2 (Chief Judge Justice Lee Sang-Hoon) remanded the 'Trademark Registration Rejection Decision' suit raised by Samsung C&T Corporation against the KIPO on the 14^th after annulling the original decision that was ruled by the Plaintiff Patent Court. Cheil Industries (currently Samsung C&T Corporation) filed a trademark in August 2012 that has been used in bags, footwear, business suits, etc. The trademark in a square form on a black background looks like a figure with a pentagonal alphabet 'B' put at the top left. The reason was that the company called 'Bali' had a similar trademark used for products such as briefcases and boots. The trademark of Bali is in a square form on a black background and looks like a figure with a rectangular alphabet 'B' put at the top left. Bali registered the trademark in January 2003. The Supreme Court ruled that “If observe the appearances of the application trademark of this case and the pre-registered trademark based on intuitive cognition of the general consumer, the motives are the same as each other, and the overall configurations and prevalent impressions from them are similar to each other.”.

 

 

3. 46 organizations of commerce and industry from around the world have expressed concern about China's new cyber security law infringes intellectual property rights … jointly signed letter to Prime Minister Li Keo-Chang

 

The China version of the British BBC reported on the 15^th that a letter was sent to Prime Minister Li Keo-Chang which was signed by 46 organizations of commerce and industry from around the world including the U. S. Chamber of Commerce and Industry, the European Federation of Commerce and Industry, and Japan's Keidanren, expressing concern about a new cyber security law being legislated by China for regime security. According to the report, the organizations of commerce and industry from around the world sent the jointly signed letter on the 10^th exhorting an amendment to the draft of the cyber security law. In this letter, they argued that the new cyber security law compels foreign companies (to keep servers) within China to store data and cooperate with investigations by Chinese authorities, and such a law would impede the development of IT related industries and the growth of the economy without an effect of improved security, resulting in the creation of an entry barrier to foreign companies.

 

4. Global design patent market has its growth broken for the first time in 20 years

 

According to IP Watch Dog, a media specializing in IP, the number of design patent applications, which reached 956,600 cases in 2013, sharply dropped to 854,400 cases in 2014, a decrease close to 10%. According to a report of WIPO, Chinese design patent applications decreased by 14.9% compared to the previous year. In the same period, Japan (-4.5%), Korea (-2.3%) and America (-1.8%) all showed a decreasing trend. In contrast, the European region saw an increase in design patent applications. France recorded the highest increase with 7.6%, followed by Germany (+6.6%), the Russian Federation (+5.5%), and Switzerland (+2.8%). Also, Iran (+83.7%), India (+9.6%), and Morocco (+9.2%) showed increases in design patent applications as well.