1. KIPO revises entire trademark law

Definitions of the current trademark law are complicated due to different legal systems between trademarks and service marks. To resolve this, definitions for a service mark will be deleted to be unified into those for trademarks. Trial for cancellation of trademark registration for trademarks registered but not used was expanded so that requests for trial can be made by ‘anybody’ instead of only the interested party. The provision whereby registration of a trademark identical or similar to that of the other party is excluded for one year after lapse of the trademark right will be deleted. Also, for a domestic trademark application that has become a foundation for an international application by dint of the Madrid Protocol, eligibility for preferential examination was expanded so as to make an application for preferential examination possible.

2. Exposure of smuggling of fakes amounted to 3.2 trillion won in five years

The number of fake product smugglings exposed by the Korea Customs Service from 2011 to 2015 totaled 3,088 cases, amounting to 3 trillion 245.9 billion won, of which 987.7 billion won was for watches, followed by bags (718.4 billion won) and Viagras (435.8 billion won). By brand, Louis Vuitton took the first position with 272.0 billion won in the amount exposed for intellectual property right violation in five years, followed by Rolex (197.4 billion won), Chanel (150.5 billion won), Cartier (133.1 billion won) and Burberry (114.0 billion won). 95.1% of the fake products coming into Korea were made in China.

3. The greatest number of foreigner patent suits was raised by Americans … Judgment at the first trial took 225.5 days on average

According to the Judicial Yearbook 2016, 68 persons (30.2%) of 225 foreigners involved in the first trial patent litigation were shown to be of American nationality, followed by 46 persons (20.4%) of Japanese. In particular, it was found that litigation by foreigners over patent rights was made by 111 persons, accounting for 49.3% of the total. Of 225 foreigners in patent litigation, 157 (69.8%) were plaintiffs who raised lawsuits and 68 (30.2%) were defendants. Meanwhile, it was found that the first trial patent litigation took 225.5 days on average till the judgment was passed, and the appellate court trial took 159.2 days on average.

4. KIPO and Patent Court clash over submission of evidence for invalidation trials and lawsuits

Conflicts between the executive and judicial branches of government came to the surface as to whether the submission of new evidence is to be restricted at the stage of the court in patent invalidation trials and lawsuits. As the KIPO, which is preparing for law revision, held a public hearing with members of the legislative branch, the Patent Attorney Association took objections. At present, the KIPO asserts that in Korea the submission of new invalidation evidence should be restricted at the stage of the court as is the case in America and Japan, but the Patent Court takes the position that the current system be maintained for reasons including the judicial system. This conflict was externalized in anticipation that invalidation trials and lawsuits, which examine whether a registered patent is to be validated or invalidated, will have increasing importance in global patent disputes in the future.