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Asiana IP Newsletter_August/September of 2018

관리자 │ 2018-09-03

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1. "Napping" trademark disputes soaring ... Law firms brightening up with joy.

The number of requests for cancellation of registration and the number of cancellation citations for "registered trademark" which are not used after registering the trademark rights in the Patent Office are increasing rapidly. As a result of the enforcement of the revised law, anyone can file a trial for cancellation of registered trademark. In 2017, 2172 cancellations of trademark registration resulted in a 90% cancellation rate. This is 80% more than in 2016. The Trademark Law allows you to claim a cancellation referee if you do not use it for three years, even if you have finished registering the trademark. In order to solve the problem of the trademark and the storage trademark which restricts the sales activity and to promote the use of the trademark. If a referee is requested, the trademark owner must prove that they have used the trademark within three years of registration.

 

2. The Patent Office says that SMEs should be careful of patent invalidation cases with poor secret management.

The Patent Court of Korea (KIPO) analyzed 61 cases of invalid patent infringement over the past five years from 2013 to last year, 29 cases (48%) of them were neglected as secret management negligence. In the total number of patent infringement cases, 50 cases (82%) of SME related judgments, 2 cases (3%) of large companies and 9 cases (15%) of other cases were investigated, and SMEs paid close attention to technology security management before patent application Appeared to be necessary. In fact, the small company A who developed the new technology entered into a supply contract with the company B before the patent application and omitted the obligation to keep confidentiality in the contract. Company A was patented by the new technology, but in the process of invalidation, it was revealed that it sold the product to Company B, which had no obligation to maintain confidentiality before the patent application. As a result, it was invalidated because the patent was not novel.

 

3. Patent Tribunal "Image design is protected by rights, only high creativity".

Most of the cases that are rejected because of low creativity among the judging claims for image design used in smart devices such as smart phones. According to the Korea Patent Tribunal, 70 cases of image design related claims between 2013 and 2017 were filed, of which 64 cases (42 cases rejected) were processed. Of the 42 cases rejected, 41 were rejected because they could easily be created by anyone involved in the design field, and one was rejected because it was similar to the existing design. On the other hand, 15 cases were returned to the Examination Bureau after recognizing the creativity of the design. The types of images that are rejected because they are judged to be low creativity are as follows: First, the space division of the screen, which is already well known through TV, the Internet and publications, and the shapes, shapes and colors of icons, graphic images

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4. China Li Keqiang "Foreign corporation discrimination, infringement of intellectual property rights, resolving by strong punch"

Chinese Prime Minister Li Keqiang said he will meet foreign business executives at a China-EU business round table event to solve problems such as non-tariff barriers and infringement of intellectual property rights. It seems to be a conscious response from the US side that China is seizing advanced technology on the condition that it seeks to discriminate foreign companies or to cooperate. Chancellor Jean-Claude, Chairman of the EU, and Wang Yi, Minister of Foreign Affairs and the State Council, China attended the meeting.

Prime Minister Li Keqiang attended the mid-EU business round table event on Thursday and discussed with Chinese business executives in European companies, according to the Chinese government on January 18.





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