1. Dispute Mediation, New Alternative to Patent and Trademark Dispute Resolution

The mediation system, which resolves disputes through dialogue and agreement between the parties, is emerging as a new alternative to resolving intellectual property disputes such as patents, trademarks, and trade secrets.

According to the Korean Intellectual Property Office, the number of applications for dispute mediation by the Industrial Property Rights Dispute Mediation Committee increased from 45 in 2019 to 83 last year. In the first half of this year, the cumulative number of applications has already reached 53, and the average monthly number of applications has increased by 27.7% compared to the previous year, and the mediation completion rate is estimated to have reached 50%. It is analyzed that this is because individuals and small and medium-sized venture companies that have suffered infringements of patents, trademarks, trade secrets, etc. are more interested in dispute resolution that can be resolved in a short period of time for free rather than long-term expensive litigation.

It is analyzed that this year, cases of mediation by the Industrial Property Dispute Mediation Committee were processed within an average of two months (59 days), contributing to the rapid resolution of disputes, four times faster than a trial and nine times faster than a lawsuit. In addition, the increased use of the system through continuous system improvement, such as expanding the scope of mediation to include trade secrets and unfair competition, and introducing a system linking trials, litigation and dispute mediation, seems to have had an impact on the increase in applications.

2. Semiconductor patent examination period 12.7 months → 2.5 months… Support for securing core patents

The Korean Intellectual Property Office is planning to support all-round support for securing key patents, such as implementing priority examination on related patents in line with national support for the semiconductor industry. is expected to be After a legislative notice in August, it will be presented to the State Council in September and promulgated and implemented in October.

It is planning to analyze key manpower by field and changes in the average age of inventors with the inventor information in semiconductor patent applications, and to suggest areas in which manpower training is required in the future.

Retired research personnel in core technology fields such as semiconductors will be used for patent examination to prevent technology leakage due to overseas transfers and to provide accurate examination services. In addition, it plans to contribute to the establishment of strategies for the semiconductor industry by presenting research and development fields.

Domestic patent applications in the semiconductor field were 39,059 cases in 2019, 39,913 cases in 2020, and 41,636 cases last year, an annual average increase of 3.2%.

3. Patents and technologies owned by the private sector … 'Dinosaur' to lose weight in public institutions

By the end of this year, the government has decided to open up patented technologies and new technologies owned exclusively by public institutions to the private sector. Private companies are also allowed to participate in new industries promoted by public institutions as a starting point to foster new industries. The intention was to prevent public institutions in charge of policy implementation from competing with private companies in the field by using their monopoly position. The government plans to include such details in the public institution innovation plan, which each ministry must submit to the Ministry of Strategy and Finance by the end of this month.

Previously, the Ministry of Strategy and Finance disclosed the innovation guidelines for public institutions and suggested the reduction of functions in areas that competed with the private and local governments. Until now, market-type public companies with large business scales often competed with private companies due to business expansion other than the core functions specified in the Institutional Establishment Act. It is common for public institutions to invest and contribute to the establishment of initial infrastructure to promote and revitalize the industry, but over time, the size of the public institution grows and becomes a leading or de facto monopoly in the market.

4. Korean Intellectual Property Office designated as a target of priority examination for corona treatment… Vaccines are reassigned

The Korean Intellectual Property Office (KIPO) announced that it will designate patent applications in the field of COVID-19 vaccines and treatments as the subject of priority review for one year to support R&D and rapid production of domestic vaccines and therapeutics. This priority designation is a measure to secure vaccine sovereignty and health security in preparation for the re-spread of a new mutant virus or the COVID-19 pandemic.

Priority examination is subject to ▲ patent applications for COVID-19 vaccines and therapeutics supported by the national R&D project ▲ patent applications for companies that are producing COVID-19 vaccines/therapeutic agents in Korea or preparing for clinical/licensing production, etc. On June 23, last year, the Korean Intellectual Property Office improved the priority examination system to respond flexibly and quickly to emergency situations such as COVID-19, and re-designated the COVID-19 vaccine field as a priority examination target for one year (2nd round) ), and the field of treatment for COVID-19 will be newly designated (first stage), and a rapid review will be conducted.