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Asiana IP Newsletter_Apri / May of 2019

관리자 │ 2019-05-09

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1. The Patent Office directly investigates crimes involving intellectual property infringement such as patents, trade secrets, and designs.

The Judicial Police Officers (hereinafter referred to as Act on the persons performing the duties of judicial police officers and the scope of their duties) under the Industrial Property Office of the Korean Intellectual Property Office (KIPO) issued the "Patent and Trademark Law" to the public officials of the Korean Intellectual Property Office in accordance with the amendment and execution of the law Design trademarks, such as infringement criminals, can be launched with the right to investigate.

To this end, the Korean Intellectual Property Office has recently added 8 investigators who have experience in judging and refereeing, and is continuing to expand the scope of special envoys and organizations.

Owing to the direct investigation of infringement of industrial property by the Patent Office, it is expected that the manpower with expertise in patent, trade secret and design will solve the case and help the damaged company to be rescued quickly and accurately.

 

2. "The trademark right will be renewed with only one applicant of the sharer if he intends to continue to use the trademark right after renewal.

Trademark rights are protected for 10 years after they are first registered, and they are permanently available every 10 years through a renewal application process. In the case of shared trademark rights, renewal registration can only be extended if all shareholders apply. Accordingly, when two or more persons jointly own the trademark, the present rights are maintained, and all of the sharers have to visit each other and obtain consent. In addition, when a sharer can not be contacted due to immigration, bankruptcy, unknown material, or a sharer of a party has maliciously refused to register for renewal, the same trademark is sneaked and acquired independently.

 

3. Patent Court ruled that 'No Brand' Trademark released by E-mart, to be recognized as an independent brand for the public, it is worth protecting.

The patent court 1 (Judge Kim Kyeong-ran, chief judge of the Supreme Court) ruled that the lawsuit recently filed by A, who sells toilet paper, against the Commissioner of the Korean Intellectual Property Office recently has been ruled losing.

A tried to register 'NO BRAND' as a trademark in 2016, but it was rejected because it was similar to 'No Brand' brand registered by E-Mart. Against this decision, A filed a lawsuit insisting that "NO BRAND" or "No Brand" part is a general term meaning "a product that sells at a low price by reducing the cost of packing and advertising costs without labeling". He also asserted that it is difficult to recognize the discrimination power of the goods in accordance with the property indication of the goods and since it is necessary for any seller who wants to sell the goods at low price without the trademark attached to use it, it is not appropriate to monopolize it. "

 

4. Shinhan Bank Launches Intellectual Property Mortgage Loan for Technological-Type SMEs

Shinhan Bank announced on October 10 that it has launched an intellectual property (IP) mortgage loan to support venture businesses and technology-based SMEs. 'Shinhan Success Striking IP Mortgage Loan' is aimed at small and innovative companies with excellent technology but lacking physical collateral.

The technology evaluation agency valued the corporate IP to secure a superior IP and lend it up to 60% of the valuation amount. Shinhan Bank said, "We will develop a variety of IP loan products that favor lending conditions and examine the launch of the IP Bank (IP tentative name), an IP mortgage lending institution dedicated to mitigating the risk of IP withdrawal." In addition, he added, "By creating a dedicated IP audit team, we will increase the effectiveness of the intangible asset as a practical collateral value."




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