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Asiana IP Newsletter_June / July of 2019

관리자 │ 2019-07-22

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1. Government "Reducing the Period of Examination of Regulatory Sandbox Patent Application"


The government plans to conduct the patent application examination period for the regulated sandbox (regulatory suspension system) to two months with reduction of 11 months. Also, from next year, pre-emptive technology and certification standards for new technologies will be developed by conducting the 'Development of new technology for regulatory sandbox fusion product'.

Regulatory sandbox is a system that does not apply or postpones regulation so that promising industries and technologies can come to market quickly. The government will first provide additional support measures to companies that have passed through the regulatory sandbox. In the case of start-up and venture companies, it is relatively difficult to attract investment. In this regard, the government will grant the procurement of "Superior Procurement Goods" to the regulated sandbox-successful products and expand funding. If a patent dispute arises during the deliberation process, it takes a lot of time. Therefore, the expedited procedures such as 'Rapid Judgment' will proceed.

 

 

 

2. Discussion on strengthening cooperation with IP 5 of advanced 5 countries


The IP 5, an advanced 5-nation organization composed of Korea, the United States, Japan, the EU and China, was launched in 2007, and a key meeting to determine the direction of global intellectual property rights system development was held at Incheon Songdo Sheraton Hotel on June 11-13. Korea is the 4th in the world in patent application and the 5th in the world patent application for the patent cooperation treaty (PCT). At the meeting, the IP 5 Director-General and the representatives of industry representatives talked about "cooperation with AI / new technology" and discussed ways to promote cooperation in the future. It is expected that the convenience of the global patent system will be improved by approving cooperation results such as harmonizing different patent systems and strengthening accessibility of patent information in each country.

 

 

 

3. Judicial proceedings denying the inventive step


The present invention differs from the prior invention 1 in the limitation of the numerical range concerning the total composition ratio of the components constituting the glass frit. In terms of the compositional ratio, Te of the component 2 in relation to the compositional ratio is 35 to 90 mol% in terms of oxide, Zn is 5 to 50 mol% in terms of oxide, Bi is 1 to 20 mol% , And at least one selected from Li, Na and K is contained in the respective numerical ranges of 0.1 to 15 mol% in terms of oxides "is a simple numerical value that can be appropriately selected by a typical artisan through ordinary and repeated experiments. It is appropriate that an ordinary technician can easily overcome the difference in the composition ratio between the two inventions. Based on the corresponding configuration of the prior art 1, the first invention cannot be considered to have a difficulty in its constitution, and it is difficult to consider that a remarkable effect that deviates from the range predicted by a typical technician due to the above combination is unlikely to occur. Therefore, the invention of claim 1 can be easily invented by an ordinary technician in the preceding invention 1, and its inventive step is denied.

 

 

 

4. The court ruled that the shape of the 'Yantai Goryangju' flask is widely recognized by consumers.

 

"The composition and design of the Yantai Gokgyouju flask set is recognized as a product mark with distinctive characteristics that indicate the origin of the goods," explained the 63rd Division of Civil Affairs of the Seoul Central District Court. This bottle itself is widely known to consumers and has a distinctive identity. Sixty-six percent of domestic Chinese sake consumers answered that they knew Yantai's Yantai-Qingzhou, and 66% of respondents who knew Yantai's products distinguished them from other Yantai products. The court ruled that "competitors are likely to be confused because they are similar to the composition and design of a bottle set (I company)." Competitive products consisted of three packages of 500ml, 250ml, and 125ml similar to the set Yantai Gokgyouju. After the ruling, both G Corp and I Corp will appeal against the first judgment and the second law suit will continue in the appellate court.




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