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Asiana IP Newsletter_October/November of 2017

관리자 │ 2017-11-03

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1. It was found that Chinese firms' 'trademark stealing' amounted to losses of several billions of won annually to the detriment to Korean enterprises

 

According to the data that Liberty Korea Party member, of the National Assembly, Kim Jeong-hoon, received from KIPO on the 26th, there were 1,596 cases from November 2014 to July 2017 of Chinese firms registering counterfeit trademarks in the same names as those of Korean firms. The damages resulting from this reached 16,827 million won from 2014 to July 2017. It was found that the number of trademark brokers in China, which are KIPO's priority control targets as they each usurp more than 10 Korean company trademarks, has reached 22. China gives the rights for a trademark to the person who applies for it first, so brokers who are willing to abuse this system are usurping the trademarks of Korean companies.

 

2. KIPO selects 'Danawa' as the most beautiful trademark and 'Ganuda' as the nicest trademark

 

According to the KIPO on the 25th, the results of selecting the best Korean language trademarks for the second time this year, in commemoration of the 571st Hangul Day, are: 'Danawa' as the most beautiful trademark for the Minister of Culture, Sports and Tourism prize; and 'Ganuda' as the nicest trademark for the KIPO prize. As lovely trademarks, which are prizes awarded by the director of the National Academy of the Korean Language, 'Geulchanmaru', 'Gureumdari', 'Yebbeuneumjari', and 'Bitmulnamu', and 'Dagajin' were selected. The event was sponsored by the Ministry of Culture, Sports and Tourism (Minister Do Jong-whan) and the National Academy of the Korean Language (Director Song Cheol-eui). The event was held to encourage the use of pure Korean words which feel friendly, refined, and easy to use, amidst the current flood of foreign language trademarks or netizen terms of unknown nationality.

 

 

3. Overseas intellectual property center to be set up in New Delhi, India to protect the intellectual property rights of Korean export businesses

 

KIPO announced on the 28th that in New Delhi on the 29th it would hold an opening ceremony for IP-DESK, an overseas intellectual property center which will be in charge of protection and support of Korean businesses jointly with Korea Trade-Investment Promotion Agency (KOTRA). The New Delhi IP-DESK will provide Korean export businesses with a variety of support services such as expert consulting relating to intellectual property right infringement, support for securing rights for trademark and design applications, and the provision of intellectual property right information. The number of trademark applications in India increased by 244% from 247 in 2011 to 851 in 2015, and the number of patent applications increased by 125% from 731 to 1,664 during the same period. Next month, an IP-DESK will also be opened in Jakarta, Indonesia.

 

4. [Civil Case] Ruling (Patent Court 2017 Na 1407) that a registered service mark was infringed by using a similar emblem and domain name in a similar service business

 

The domain name 'koreatimestoday' of this case is similar to the service mark 'korea times' in terms of each service mark emblem, appearance, naming, and concept, when observed as a whole or as major portions. Whether a composite trademark is similar or not is judged on the basis of the whole appearance, naming, and concept, but if there are major portions of service marks, the major portions may be compared to judge similarity without the need to determine whether overall distinctness may be observed. The use of a trademark is relevant when it helps indicate and distinguish the origin of goods. However, although the purpose of a domain name is not to indicate the source of goods or services, it can be deemed to be a service mark by considering the use aspect of the domain name or the content of the linked website as a whole.

 





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