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ASIANA IP Newsletter_July / August 2023

관리자 │ 2023-07-12

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169

1. Government technology infringement compensation 3 times 5 timesBuilding a one-stop support 'gateway'

The limit of punitive damages for technology infringement by SMEs will be strengthened from 3 to 5 times the amount of damage, and a 'pan-governmental technology protection gateway' will be established to provide one-stop support from the government in the event of a technology infringement dispute. In addition, cooperation with the Ministry of SMEs and Startups, the National Intelligence Service, the police, and the Korean Intellectual Property Office on administrative investigations of technology infringement will be strengthened, and guarantees of up to KRW 1 billion will be provided to stabilize the management of companies affected by technology infringement. In addition, it is planning to introduce a 'right to prohibition' system that can request the court to prohibit or prevent technology infringement, as well as to dispose of objects and remove equipment.

In particular, it will support innovative startups with technology theft prevention activities, legal support, technology theft monitoring, and digital evidence acquisition. In the pre-investment stage, we will also provide 'technology infringement warning' through monitoring, focusing on the manufacturing sector with many technology infringements.

For companies affected by technology infringement, a technology dispute recovery support center is newly established to stabilize business management, and guarantees of up to KRW 1 billion are provided, and various support projects such as technology transaction support are implemented in a close-to-site manner through dedicated consultants.

 

2. Opening of ‘IP Crime Investigation Support Center’ of the Korean Intellectual Property OfficeAttached to Korea Intellectual Property Protection Agency

The Korean Intellectual Property Office will open the Intellectual Property Crime Investigation Support Center at the Korea Intellectual Property Protection Agency (Gangnam-gu, Seoul) as an organization dedicated to technical police and trademark police investigation support.

The Intellectual Property Crime Investigation Support Center provides counseling and reporting of infringement of intellectual property, support for appraisal of counterfeit trademark products, monitoring of products infringing on/offline intellectual property, and support for crackdown on design counterfeits. It plans to carry out tasks to support equipment necessary for digital forensic electronic information collection, deleted data recovery, and decryption so that it can be secured and secured accurately.

 

3. Intellectual Property Office, reorganization of intellectual property valuation system... Evaluation model development

Valuation of intellectual property is 'a model that expresses current or future economic value as value, grade, or score, etc., and is the most actively used model in the financial field, such as loans and investments secured by intellectual property', in addition to finance. A consultative body was launched to utilize it in various fields, such as intellectual property transaction/transfer, patent infringement damage compensation, and technology leakage damage analysis.

At the final meeting, the consultative body will present and discuss policy improvement tasks value evaluation system improvement directions and analysis results of key indicators of value evaluation models by specialized field follow-up research service promotion directions for reorganization and diffusion of the intellectual property valuation system at the final meeting. plans to establish a 'value appraisal diffusion strategy roadmap' based on policy improvement plans and research directions derived from the consultative body, and to develop a new value appraisal model that can be used for each specialized field by conducting in-depth research services.

 

4. Korean food companies united and received compensation for Chinese counterfeit “100,000 to 200,000 yuan”.

Regarding Chinese companies that imitated Korean food and sold 'fake' (fake product) seasonings, ramen, salt, etc., "It is acknowledged that Korean food companies reproduced similarly in visual aspects such as design arrangement and color scheme." Regarding the imitation products that copied Korean products, the Chinese court recognized the similarity and ruled that “Pay 100,000 to 200,000 yuan (18.68 million to 37.3 million won) in compensation to Korean food companies” as liability for damages. It is also meaningful that Korean food companies, for the first time, jointly responded to China's imitation products and led to a favorable ruling.

As Korean food known through Korean entertainment programs and dramas has become very popular in China, the number of counterfeit or imitated products has also increased. In the past, there were many 'counterfeit' products with Korean company names and product names, but recently, 'imitation' products that are cleverly twisted with Korean brands and descriptions to confuse with Korean products are increasing in Japan, Vietnam, Thailand, and Indonesia.




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