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ASIANA IP Newsletter_March / April 2023 관리자 │ 2023-03-02 HIT 202
1. Last year, 21,916 international patent applications in Korea… 6.8% increase from the previous year According to the Korean Intellectual Property Office, the number of international patent applications made in Korea under the Patent Cooperation Treaty (PCT) last year increased from the previous year (2021). On the other hand, domestic applications decreased slightly due to the global economic recession, while applications in high-tech and flagship industries such as semiconductors and digital communications increased. Last year, a total of 21,916 international patent applications were filed, an increase of 6.8% from a year earlier. The average growth rate over the past five years is 6.6%. International patent applications by SMEs increased by 13.2%, according to the Korean Intellectual Property Office, as the result of efforts to advance into overseas markets through technology development without shrinking due to the economic recession. Domestic patent applications totaled 237,000, down 0.2%. Applications by large corporations (9.3%), foreigners (4.0%), and small and medium-sized enterprises (0.8%) increased, but individual applications decreased by 13.6%. By technology field, applications increased mainly in high-tech fields such as semiconductors (18.3%), e-commerce (7.5%), and digital communications (5.8%), while civil engineering (-17.1%) and other consumer goods such as masks (-16.1%). %) field decreased. 2. '44 trillion won drug' patent released... K-Bio biosimilar market war notice The 2021 global sales of three drugs, AbbVie’s “Humira,” Johnson & Johnson’s (J&J) “Stelara,” and Regeneron’s “Eylea,” whose patents expire in the United States this year, are estimated at 44 trillion won (approximately $35.6 billion). Mega blockbusters such as Merck’s (MSD)’Keytruda’ and BMS’Eliquis’ will also be out of patent in 2028 and 2026. Drug patent expiry is a crisis for original pharmaceutical companies, but an opportunity for biosimilar (biopharmaceutical generic drugs) companies. Humira patent expiring in the US According to the US Food and Drug Administration (FDA) on the 31st, there are 8 Humira biosimilars approved in the US. Humira is a treatment for autoimmune diseases such as rheumatoid arthritis. After being launched in 2002, it ranked first in global pharmaceutical sales in 2012. Since then, he has not lost his throne. Sales in 2021 are $20.7 billion. It accounts for 40% of AbbVie's total sales. 3. From next month, it will become easier for individuals and small business owners to acquire trademark rights... Enforcement of the Revised Trademark Act From next month, it will become easier for individuals and small businesses to acquire trademark rights, and the requirements for issuance of employment permits for foreign workers to protect foreign workers from industrial accidents will be strengthened. The Ministry of Government Legislation announced on the 31st that a total of 16 laws, including the Trademark Act and the Enforcement Decree of the Foreign Worker Employment Act, will be implemented. Specifically, as the revised Trademark Act takes effect on the 4th, a partial rejection system will be introduced, and a reexamination request system will be introduced as a new objection method when trademark registration is rejected. The partial refusal system is to allow for trademark registration of products without grounds for refusal if only some of the designated goods in the application for trademark registration have grounds for refusal. Prior to the implementation of the system, even if only some of the designated products had grounds for rejection, if the applicant did not delete or amend the products with grounds for rejection, applications for products without grounds for rejection were also rejected. The reexamination request system is a system that allows a request for reexamination to an examiner in addition to a request for a trial against a decision to reject a trademark registration when the reason for refusal of a trademark registration can be easily resolved by amending the product, etc. Previously, when a decision to reject a trademark registration was received, only a request for a trial against the decision of rejection was possible. 4. Taking advantage of Corona... China's 'K trademark theft' is on the rise According to related industries on the 6th, it has been confirmed that trademark theft against Korean companies has recently been rampant in the Chinese market. Trademark theft in China is nothing new. However, it is analyzed that the theft of trademark rights has increased significantly as Korean companies have slowed down in China due to Corona 19. In particular, trademark lawsuits are continuing, centering on franchise companies where “name value” is important. After confirming the fact that the trademark was stolen, Life4cut also filed a trademark infringement lawsuit at a large amount of money. However, the Chinese court did not accept the claim of four cuts of life in the first trial. Rather than acknowledging the trademark rights of four cuts of life, which are not famous in China, they raised their hand with the company that registered the trademark in advance according to the pre-registration principle. Eom Myeong-ryong, a patent attorney at Dahae Patent Law Firm, said, "In China, there is a lack of a system that allows companies to respond strongly to malicious imitation trademarks." In the end, Four Cuts of Life decided not to use the male and female face image logo in the Chinese market. A company official said, “Based on valuable experience, we registered trademark rights in other countries, including Taiwan, first.”

ASIANA IP Newsletter_March / April 2023

관리자 │ 2023-03-02

HIT

202

1. Last year, 21,916 international patent applications in Korea… 6.8% increase from the previous year

According to the Korean Intellectual Property Office, the number of international patent applications made in Korea under the Patent Cooperation Treaty (PCT) last year increased from the previous year (2021). On the other hand, domestic applications decreased slightly due to the global economic recession, while applications in high-tech and flagship industries such as semiconductors and digital communications increased.

Last year, a total of 21,916 international patent applications were filed, an increase of 6.8% from a year earlier. The average growth rate over the past five years is 6.6%.

International patent applications by SMEs increased by 13.2%, according to the Korean Intellectual Property Office, as the result of efforts to advance into overseas markets through technology development without shrinking due to the economic recession.

Domestic patent applications totaled 237,000, down 0.2%.

Applications by large corporations (9.3%), foreigners (4.0%), and small and medium-sized enterprises (0.8%) increased, but individual applications decreased by 13.6%.

By technology field, applications increased mainly in high-tech fields such as semiconductors (18.3%), e-commerce (7.5%), and digital communications (5.8%), while civil engineering (-17.1%) and other consumer goods such as masks (-16.1%). %) field decreased.

2. '44 trillion won drug' patent released... K-Bio biosimilar market war notice

The 2021 global sales of three drugs, AbbVie’s “Humira,” Johnson & Johnson’s (J&J) “Stelara,” and Regeneron’s “Eylea,” whose patents expire in the United States this year, are estimated at 44 trillion won (approximately $35.6 billion). Mega blockbusters such as Merck’s (MSD)’Keytruda’ and BMS’Eliquis’ will also be out of patent in 2028 and 2026. Drug patent expiry is a crisis for original pharmaceutical companies, but an opportunity for biosimilar (biopharmaceutical generic drugs) companies. Humira patent expiring in the US According to the US Food and Drug Administration (FDA) on the 31st, there are 8 Humira biosimilars approved in the US. Humira is a treatment for autoimmune diseases such as rheumatoid arthritis. After being launched in 2002, it ranked first in global pharmaceutical sales in 2012. Since then, he has not lost his throne. Sales in 2021 are $20.7 billion. It accounts for 40% of AbbVie's total sales.

3. From next month, it will become easier for individuals and small business owners to acquire trademark rights... Enforcement of the Revised Trademark Act

From next month, it will become easier for individuals and small businesses to acquire trademark rights, and the requirements for issuance of employment permits for foreign workers to protect foreign workers from industrial accidents will be strengthened.

The Ministry of Government Legislation announced on the 31st that a total of 16 laws, including the Trademark Act and the Enforcement Decree of the Foreign Worker Employment Act, will be implemented.

Specifically, as the revised Trademark Act takes effect on the 4th, a partial rejection system will be introduced, and a reexamination request system will be introduced as a new objection method when trademark registration is rejected.

The partial refusal system is to allow for trademark registration of products without grounds for refusal if only some of the designated goods in the application for trademark registration have grounds for refusal. Prior to the implementation of the system, even if only some of the designated products had grounds for rejection, if the applicant did not delete or amend the products with grounds for rejection, applications for products without grounds for rejection were also rejected.

The reexamination request system is a system that allows a request for reexamination to an examiner in addition to a request for a trial against a decision to reject a trademark registration when the reason for refusal of a trademark registration can be easily resolved by amending the product, etc. Previously, when a decision to reject a trademark registration was received, only a request for a trial against the decision of rejection was possible.

4. Taking advantage of Corona... China's 'K trademark theft' is on the rise

According to related industries on the 6th, it has been confirmed that trademark theft against Korean companies has recently been rampant in the Chinese market. Trademark theft in China is nothing new. However, it is analyzed that the theft of trademark rights has increased significantly as Korean companies have slowed down in China due to Corona 19. In particular, trademark lawsuits are continuing, centering on franchise companies where “name value” is important.

After confirming the fact that the trademark was stolen, Life4cut also filed a trademark infringement lawsuit at a large amount of money. However, the Chinese court did not accept the claim of four cuts of life in the first trial. Rather than acknowledging the trademark rights of four cuts of life, which are not famous in China, they raised their hand with the company that registered the trademark in advance according to the pre-registration principle. Eom Myeong-ryong, a patent attorney at Dahae Patent Law Firm, said, "In China, there is a lack of a system that allows companies to respond strongly to malicious imitation trademarks."

In the end, Four Cuts of Life decided not to use the male and female face image logo in the Chinese market. A company official said, “Based on valuable experience, we registered trademark rights in other countries, including Taiwan, first.”

이전글	ASIANA IP Newsletter_January / February 2023
다음글	ASIANA IP Newsletter_April / May 2023