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ASIANA IP Newsletter_January / February 2021

관리자 │ 2021-01-26

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1. The highest number of applications filed for IP rights such as patents and trademarks last year even in Corona 19

According to the Korean Intellectual Property Office, last year's intellectual property rights applications totaled 557,229, an increase of 9.1% from the previous year. By rights, trademarks increased by 16.4% from the previous year to 257,933 cases, and patents including utility models increased by 3.3% to 231,740 cases and designs increased by 3.9% to 67,556 cases. By industry, the number of applications in the digital economy, medical, and pharmaceutical fields increased significantly. The number of applications increased in the order of SMEs, individuals, universities and public research institutes, and large companies. Patents in the field of e-commerce (10,407 cases) showed the highest growth rate at 8.4%, and medical (9,983 cases, an increase of 8.1%), medicine (4,380 cases, an increase of 4.8%). The number of applications in the bio field (4,566 cases, an increase of 2.7%) also increased.

For design, applications for packaging products were the most, and applications for household health and hygiene products (3,903 cases) recorded an exceptional increase of 125.9%.

As for the trademark, applications for medical devices (8,391 cases, an increase of 42.7%) and drug categories (14,530 cases, an increase of 31.3%) increased significantly. Along with the increase in personal broadcasting such as YouTube, the broadcasting and communication industry (7,998 cases, an increase of 37.3%) and the classification of electronic, sound and video equipment (26,865 cases, an increase of 18.0%) also recorded high growth rates.

 

2. The Korean Intellectual Property Office held a 2020 ASEAN intellectual property acquisition strategy seminar

On December 22nd 2020, the Korean Intellectual Property Office (Director Kim Yong-rae) held an 'ASEAN Intellectual Property Acquisition Strategy Seminar' for companies entering ASEAN countries through the official YouTube channel.

The Intellectual Property Office has been striving to improve the intellectual property protection environment of individual ASEAN countries, and has continued to conduct intellectual property examination cooperation programs with individual countries so that companies entering the region can properly enjoy the benefits of intellectual property rights in the improved protection environment.

With such efforts, domestic companies entering Singapore, the Philippines, Vietnam, and Malaysia will be able to undergo examination very quickly if they apply for the same patents registered in Korea locally.

Companies entering Cambodia, Laos, and Brunei can obtain the validity of the registered patent as it is without a separate examination process on the patent application filed with that country if they have a patent registered in Korea.

 

3. Korea SMEs and Startups Agency loans patents as collateral to small and medium-sized enterprises that have technology patents.

Korea SMEs and Startups Agency announced on the 12th that it would support patent mortgage loans for small and medium-sized enterprises with intellectual property rights with high technology value. Since 2013, Korea SMEs and Startups Agency has been preemptively introducing and operating patent-secured loans, helping small and medium-sized enterprises with insufficient collateral capacity.

Patent-secured loans evaluate future technology values such as technology and business feasibility of patent rights owned by small and medium-sized enterprises, and provide funding as collateral. It is possible to apply up to 3 billion won (within 500 million won in driving capital) per company a year, and both driving and facility funds can be applied. Chairman Kim Hak-do said, “Last year, Korea SMEs and Startups Agency supported approximately 26.5 billion won in patent mortgage loans to 75 companies.” and “We will support small and medium-sized enterprises with excellent technologies to overcome the Corona 19 pandemic and create new values by being reborn as a key growth engine of the national economy.”

 

4. Korean Intellectual Property Office, revision of examination standards for non-formal trademarks such as three-dimensional, sound, and color -> Improving examination accuracy and improving applicant convenience

On January 04th 2021, the Korean Intellectual Property Office announced the revision of the trademark examination criteria to improve the accuracy of examination of non-formal trademarks such as three-dimensional, sound, and color trademarks and to improve the convenience of applicants as the number of cases in which trade dresses are applied for and registered as corporate trademarks increases. Trade dress is the overall image and overall appearance of the product that distinguishes it from other products or services, and includes the size, shape, color or combination of colors, touch, shape, and design of the product. The scope of the location mark has been expanded from “shapes and figures used in a specific location of a product to obtain discernment” recognized through the existing Supreme Court precedent, to “colors used in a specific location to obtain discernment”. As a result of being used in a specific location of a product, if the product's source indication function was acquired, the system was supplemented so that color can be protected as a location trademark. The method of expression has been expanded so that the applicant can express various colors, and the matters concerning the acquisition of discernment for sound trademarks have been improved. Examination on the functionality of non-formal trademarks was also reinforced, and the examination criteria were reinforced so that functional three-dimensional shapes that should be protected by patents are not registered as trademarks. Functionality refers to a characteristic necessary to secure the function of a product or its packaging.




이전글 ASIANA IP Newsletter_December 2020 / January 2021
다음글 ASIANA IP Newsletter_February / March 2021