1. Commissioners of Patent and Trademark Offices from 10 countries gathered to discuss intellectual Properties during the 2019 ASEAN-Republic of KOREA Commemorative Summit

During the '2019 ASEAN-Republic of KOREA Commemorative Summit,' the 'Commissioners of Patent and Trademark Offices Meeting,' in which 10 countries including the Philippines, Malaysia, Singapore, Indonesia, Thailand, Brunei, Vietnam, Laos, Myanmar and Cambodia attended, was held for the first time.

Through a joint statement, the countries that attended the meeting agreed on cooperation in the fields of ▲creating excellent patents for a healthy intellectual property ecosystem, ▲protecting the respect for intellectual property values, and ▲utilizing for promoting the commercialization of intellectual properties. In addition, the countries also sought detailed ways to cooperate with ASEAN to share Korea's experience and know-how, which has achieved economic growth through intellectual properties.

Further, in accordance with the needs of each ASEAN member country, consultation for a plan to provide training programs containing Know-how of the Korean Patent Office to each ASEAN country and to establish a customized intellectual property education institution for ASEAN was under way.

2. New narcotic drug is also protected by patent extension ... Initiation of law revision

Narcotic drugs will also be protected by patent extension. In addition, it is expected to partially correct the reason for the patent extension of drugs. The KIPO recently announced a legislative draft of a partial revision of the Enforcement Order of the Patent Law. The legislative draft period is until December 2nd. First, the KIPO decided that narcotic drugs are to be included in the subject for extension of patent right duration. Therefore, the Patent Court ruled on Ezai's victory last July. The ruling was that narcotic drugs should be protected by the patent extension. As the KIPO waived the right for an appeal, the ruling was finally confirmed.

Article 7 of the Enforcement Order of the current Patent Law specifies that only 'drugs licensed under the Pharmaceutical Affairs Law' can apply for patent extension. The KIPO explained that it is expected to comply with the principle of equality of the Constitution as licensed narcotic drug products are allowed to extend the patent period.

3. Exclusive trademark right of Yantai Kaoliang Liquor is recognized.

A ruling was issued in recognition of the exclusive trademark rights of Yantai Kaoliang Liquor, a famous Chinese liquor. Seoul Civil Law Division 4 (General Manager Hong, Seung-Myeon) announced on the 15th that the I-trade company, which exclusively imports and sells Yantai Kaoliang Liquor, won the plaintiff's appeal in a trial on an appeal case for demanding a prohibition against unfair competition, etc. against Mr. Lee, representative of G-distributor.

The court admitted that consumers are likely to confuse the labels of these two products. Rather than recognizing the Chinese characters on a letter-by-letter basis, the source of the product would be identified based on the impression given by the entire indication. In addition, 'Yantai' corresponds to a geographical name, and the 'Kaoliang Liquor' corresponds to a technical mark, such that even though it has no discernible label, it was widely recognized that it was the produce of I-company by domestic consumers because the two labels were used for a long period of time, and in this case, it corresponds to a trademark right protected by the Unfair Competition Prevention Law.

4. China introduces “punitive compensation: system for intellectual property infringement...It is enforced in January 2020

China creates a punitive damage compensation system for intellectual property (IP) infringement. According to Xinhua News Agency on the 3rd, the Judiciary, the Commerce Department, and the Development and Reform Commission released an Enforcement Order draft of the Foreign Investment Law online and began to gather opinions. According to the draft, the Chinese government will establish a punitive damage compensation system for intellectual property infringement, and strengthen the protection of intellectual properties for foreign investors and companies.

In addition, the Chinese government will promote the establishment of a protection mechanism for the intellectual properties and improve a mechanism for resolution of the related dispute.

The draft also includes detailed provisions that prohibit the transfer of technology to foreign investors or companies as an administrative means. According to the draft, the administrative agency or its employees were required to strictly abide by trade secrets of foreign-invested companies learned during their duties.