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Asiana IP Newsletter_October/November of 2018

관리자 │ 2018-10-24

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1. The Korean Intellectual Property Office selecting good trademarks in Korean

 

The Korean Intellectual Property Office (KIPO) selected and published the excellent Korean trademark on the October 2 ahead of the 572th anniversary of Hangul Day.

In the selection of excellent Korean trademark, 'Dadidan(fruit drink)' and 'Ggeulim (hanbok)' were selected as beautiful trademarks. Friendly brands today were chosen Oneuljaram, Dameun, Dadama video, Jamjal Ibul, and Mulorum. The event, which is the third time this year, has been evaluated based on standards such as norms and honorificity in order to encourage friendly and sophisticated Korean trademarks while confirming intimacy. Sponsored by the Ministry of Culture, Sports and Tourism and the National Institute of the Korean Language.

 

2. The Supreme Court "Cheonyeon cannot be used monopoly because we do not have the trademark discrimination power"

 

Supreme Court Division 1 (Justice Park Jung-hwa, Supreme Court justice) said that in the plaintiffs 'case to confirm that the two trademarks were not similar to Kwon’s Cheonyeon Gudeul Trademark, the court dismissed the sentence ruled as plaintiffs and sent the case back to the patent court for plaintiffs' sake.

The court said, "The 'Cheonyeon of 'Cheonyeon stone bed' is not used because it is widely used as 'a period of long duration', and many products including 'Cheoneon' are already registered. It is not appropriate to have a certain person monopolize. "


3. The Supreme Court has adjudicated the cancellation of the disposition of an application for extension of the patent durability period.

 

To the 2014Two37702 Request for cancellation of disposition of disapproval of application for approval to extend patent life duration of plaintiffs (D) Rejection of appeal, the Commissioner of the Korean Intellectual Property Office has ruled that the disposition of disapproval is illegal,

The Supreme Court's interpretation of the patented invention that can extend the term of durability pursuant to the delegation provision (1987, Article 53, Paragraph 2, Article 3 of the 1987 Patent Act) includes the invention of medicines that require import permission and that the disposition of the disapproval of the defendant was unlawful, as the provision of this case could not be regarded as a failure of the legislation to prescribe Article 34 (1) of the Pharmaceutical Affairs Law on the import of medicines.

 

4. The Small and Medium Enterprise Technology Protection Act was amended to abolish the technology withdrawal by the Ministry of Small Business.

 

The draft amendment to the Small and Medium Business Technical Protection Act may be applied to SMEs in the event of technical deception or theft. The team will be made up of digital forensics experts, lawyers, patent attorneys, and investigative experts. Once the amendment is implemented, the SMEs that have been infringed by the technology submit their declarations to the medium-term department. In case of violation of the subcontracting law, they are transferred to the relevant authorities such as the Fair Trade Commission and the Patent Office. If it is confirmed as an infringement after the site investigation, it recommends the infringement company to correct it, and publishes the information related to the infringement to the Internet or the media when the recommendation is not met.





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