1. KIPO introduces trademark and design systems changed from this year

The KIPO introduces amendments to the trademark examination and design examination standards, changes in product classification notification and design article list notification, trademark mobile electronic application system, and trademark and design support systems.

In the field of trademarks, the KIPO has established standards for determining the reliability of consumer recognition survey results in order to 'secure discrimination according to use' and examination standards for applications of a collective mark with geographical indication for processed foods. In addition, in the field of designs, the KIPO has prepared an examination standard alleviation plan for names of articles written in English in accordance with the emergence of new articles, and detailed examination standards in a case of there being confusion with articles related to the work of others. Names of new goods such as medical nano robots and identification cards for biometric authentication have been added to the field of classification of goods, and the convenience of trademark applicants is increased through the implementation of examination criteria which meet international standards and transaction states for the classification of goods, such as recognition of 'Smartwatches.' Further, in the field of classification of design articles, the KIPO has also introduced a schedule of amendment for national notifications in accordance with amendments to the Locarno International Classification 13th Edition, which will be implemented in January next year.

2. Amendment to industrial property dispute mediation system

The Industrial Property Dispute Mediation Committee of KIPO (commissioner Park Won-Joo) plays a role of resolving disputes related to industrial property rights such as patents, utility models, trademarks and designs, inventions in connection with duties, and technical business secrets. In the future, unfair competition behavior, business secret infringement in management, piracy of unregistered well-known trademarks or misappropriation of ideas may be resolved through the Industrial Property Dispute Mediation Committee. Many companies are using this system to resolve industrial property disputes due to advantages that the procedure is completed within three months while securing confidentiality without filing fees. In addition, the pool of mediators of the Industrial Property Dispute Mediation Committee can be expanded to a maximum of 100 members and can be composed of either one or two members, thereby enabling improved efficiency in dispute mediation tasks. The amended law of the Invention Promotion Act will be implemented on August 5th of this year.

3. It is possible to submit patent documents 24 hours a day, 365 days a year by introduction of unmanned reception system in the first half of this year

The KIPO said it would install '24-hour unmanned reception systems' at the main office in Daejeon and Seoul office to simplify the application process so that applicants can submit patent documents regardless of the working hours of public officials.

At present, the applicants should submit the patent documents to the night shift after working hours, but there are cases of errors occurring, such as receiving an overdue document by the night shift. The KIPO plans to prevent irregularities in receiving applications and allow applicants, in environments where online systems are not available, to submit the patent documents in writing 24 hours a day, 365 days a year by using the unmanned application system.

With the introduction of the unmanned application system, the KIPO plans to simplify the application process as much as possible so that the applicants can easily submit the patent documents while preventing irregularities, and so that there is no inconvenience for applicants such as the elderly and infirm who are not familiar with the use of the system.

4. [Decision] Online sales without consent of holder of trademark right ... Trademark right is not infringement

The Supreme Court Second Criminal Section (Chief judge: Justice Noh Jung-Hee) annulled the original decision that declared a fine of 2 million won for Mr. A, who was accused of violating trademark law, and recently remanded the case to the Seoul Southern District Court deciding in innocence (2018 Do 14446).

The Supreme Court ruled that selling goods with a contract limit of sale location in an online shopping mall without consent of a holder of the trademark right should not be considered to be trademark right infringement. The reason is that the holder of the trademark right did not prohibit online sales at all, and it is difficult to say that the reputation of the holder of the trademark right is damaged due to online sale alone. It is the first judgment wherein, when deciding whether a trademark right has been infringed, all of the contents of the contract, the interests of the holder of the trademark right, and the necessity of protecting the buyer of the goods, were considered.