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ASIANA IP Newsletter_March / April of 2024

관리자 │ 2024-03-29

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1. The Korean Intellectual Property Office establishes a ‘dedicated trial division’ for secondary batteries and next-generation communications.

In order to alleviate the burden of corporate patent disputes and support national strategic technologies, the Korean Intellectual Property Office's Intellectual Property Trial and Appeal Board operates a total of four tribunals dedicated to the cutting-edge technology field, from the semiconductor and mobility fields to the secondary battery and next-generation communications fields.

In addition, in order to resolve the problem of imbalance in processing time due to differences in the volume of trials by field, the manpower of the referee department was prioritized in areas with high volume, and cases in which a trial was requested after a long period of time were spent in the screening process were led by the chief referee. In the future, the Korean Intellectual Property Office plans to introduce the 'trial reference system' and the 'ex officio correction system for trial claims' to actively listen to the opinions of external experts in major cases that have a significant impact on the industry and increase the reliability of trials. The Korean Intellectual Property Office plans to have the chief referee correct ex officio any minor and clear defects in the trial request through the ex officio correction system for trial requests. In addition, with the goal of opening in 2025, the Korean Intellectual Property Office plans to establish a digital trial system to minimize input procedures for preparing trial documents and automatically classify evidence documents to speed up work.


2. Korea PCT ranked 4th in the world in international patent applications for 4 consecutive years

The Korean Intellectual Property Office announced on the 24th that PCT applications by Korean companies last year increased by 1.2% compared to the previous year, ranking fourth in the world for four consecutive years. According to statistics from the World Intellectual Property Organization (WIPO), △PCT patent applications by Korean applicants last year △Madrid trademark Applications △The Hague design applications all increased. In contrast, worldwide PCT patent applications (272,600, 1.8%↓ compared to the previous year) decreased for the first time in 14 years, and Madrid trademark applications (64,200, 7.0%↓) also decreased by 7.0% compared to the previous year. However, Korean companies' △PCT patent applications, △Madrid trademark applications, and △Hague design applications all increased. Companies with multiple PCT applications include domestic companies such as Samsung Electronics (2nd), LG Electronics (6th), and LG Energy Solutions (17th). Three companies were included in the top 20 applicants, driving the increase in Korea's application volume. Korean companies' Madrid trademark applications were 2,090 cases (up 2.9% from the previous year), ranking 9th in the world, up two levels from the previous year. The Hague ranked third in the world with 825 international design applications (up 1.0% from the previous year).


3. Korean Intellectual Property Office, 2023 IP finance survey results, balance KRW 9.61 trillion

The Korean Intellectual Property Office (KIPO) announced on the 25th that as a result of a survey of the scale of intellectual property (IP) financing, the balance of intellectual property (IP) financing in 2023 was calculated to be KRW 9.61 trillion, and the amount newly supplied last year amounted to KRW 3.2406 trillion. The IP financing balance has increased by an average of 26.5% per year over the past three years, and the IP financing balance last year was KRW 2.3226 trillion in IP-secured loans, KRW 3.1943 trillion in IP investments, and KRW 4.0931 trillion in IP guarantees. In particular, the total amount of IP financing newly supplied last year was KRW 3.2406 trillion, of which IP collateral loans amounted to KRW 911.9 billion, IP investments amounted to KRW 1.3365 trillion, and IP guarantees amounted to KRW 992.2 billion, continuing to grow. In addition, IP investment (KRW 1.3365 trillion) exceeded KRW 1 trillion for the first time in 2022 (KRW 1.2968 trillion) and continues to increase, increasing by 3.1% compared to the previous year. IP guarantees (KRW 992.2 billion) also increased compared to the previous year (KRW 878.1 billion). It increased by 13%, showing that it continues to serve as a more effective means of financing for start-ups and early-stage companies that have difficulty using IP-secured loans.


4. EU promotes introduction of ‘patented drug compulsory license’ to respond to health crisis

The European Parliament finalized the final bill in the trilogue between the EU Council and the European Commission, which supports the introduction of compulsory licensing, which allows the production of patented drugs without the consent of the patent holder. According to the bill adopted by the European Parliament, in the event of a specific health crisis, the European Commission can invoke compulsory licensing of patents after consulting with advisory organizations and identifying all patent holders related to a specific medicine. In this case, compensation to the patent holders is adopted.

However, the European Federation of Pharmaceutical Industries and Associations (EFPIA) criticized the introduction of compulsory patent licensing at the EU level, saying that negative investor perceptions about the predictability and stability of the European intellectual property rights system would spread. On the other hand, left-wing groups in the European Parliament and civic groups called for allowing the export of medicines produced through compulsory patent licensing outside the EU, but this was not adopted at the plenary session. According to the report, the 'Regulations on patent compulsory licensing for crisis management' are intended to introduce patent compulsory licensing at the EU level, harmonize different regulations related to compulsory licensing among member states, and strengthen the pharmaceutical supply chain. The final bill will be finalized during negotiations.





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