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News letter October, 2012

관리자 │ 2012-09-28

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1. KIPO to shorten patent processing to 10 months by 2015

 

If the patent processing period is shortened to ten months, it would be the shortest in the world.  In addition, the patent technology trend survey, which is a governmental R & D project, is expected to expand.

 

In a recent press conference, the commissioner of the KIPO said that the KIPO would shorten the examination and judgment processing period to ten months for patents, five months for designs, three months for trademarks and seven months for judgments by 2015 so as to maintain the best level in the world as a response to the efforts by America and Japan to shorten the examination processing period.  For this purpose, the KIPO selected the increase of examination personnel, the redeployment of manpower, and the development of an integrated reference system of global examination information as projects to be implemented.

 

 

2. No more abuse of patent rights by foreign companies

 

The Fair Trade Commission announced on the 29th that it would be on the lookout for the abuse of patent rights, saying “there are many cases of patent right abuse in the fields where dependency is high on multinational company patents such as information technology, pharmaceuticals and machinery.  The Fair Trade Commission will take stern measures against excessive and unjust filing of patent lawsuits or actions for blocking the entry into the relevant market with an intention to obstruct the business activity of the other company.

 

For this purpose, the Fair Trade Commission will conduct a fact-finding survey on unfair practices in the field of information technology where foreign companies dominate the market such as software and servers for business purposes and the intellectual property right license agreements signed between multinational companies and domestic companies.

 

 

3. Patent protection to be reinforced for image icons and logos

 

The KIPO will push for entering into a treaty on international filing of designs so as to obtain design rights easily in a foreign country and will reinforce protection for graphic designs such as image icons and logos.

 

The KIPO announced that it would make an overall amendment to the ‘design protection law’ with a goal of making it take effect by January 1, 2014 in order to strengthen this country’s design industry competitiveness. 

 

The KIPO will first push for being a signatory to the Hague Convention, which is an international convention for filing applications for designs of the WIPO under the UN, so as to secure the design rights in a foreign country speedily and more conveniently.  If the amendment is made within this year, the KIPO will submit the application for the membership of the Hague Convention to the WIPO in October 2013.

 

 

4. Apple files application for the prohibition of the sale of only eight old models of Samsung

 

Apple filed an application on the 27th (local time) for the prohibition of the sale of eight smart phone models of Samsung Electronics for which patent infringement was acknowledged.  Samsung Electronics will file an application for objection to the verdict. 

 

Apple which won a complete victory in the verdict of the U. S. patent lawsuit took a follow-up action on the 27th (local time) by filing, with the Federal North District Court at San Jose, California, an application for the prohibition of the sale in America of eight smart phone models of Samsung Electronics including the Galaxy S2.  But since Samsung’s latest products including the Galaxy S3, Galaxy Note and Galaxy Note 10.1, which are Samsung’s anchor products in the U. S. market, are not included in the items prohibited to sell, not a big blow is foreseen for Samsung Electronics. 

 

 

5. Motorola files a patent infringement suit against Apple products with ITC

 

The U. S. ITC started investigation to find out whether Apple’s i-Phone, i-Pad and i-Pod have infringed Motorola’s patents.  According to foreign press, the ITC will conduct an investigation into Apple’s wireless communications equipment, mobile music players, computers and other parts to determine whether they have infringed on Motorola’s patent rights.

 

Motorola requested the ITC last month to investigate whether the Apple products have infringed its patents and to issue an injunction on the production of Apple products if  patent infringement is identified. 

 

The petition by Motorola has been made separately from the previous ruling by the ITC.  Last month the ITC ruled that Apple had not infringed on three of the four Motorola patents related to third-generation mobile communications technology.  The fourth patent was remanded to the judge of the ITC administrative law for reconsideration.   Motorola had filed a complaint with the ITC saying that a total of four patents including writing technology had been infringed.

 

 

6. Samsung Electronics to file a patent infringement suit against i-Phone 5 in America

 

Samsung Electronics decided to file a lawsuit against the i-Phone 5, Apple’s latest smart phone, for Apple’s infringement upon Samsung’s patents.  This looks more like a counterattack against Apple’s adding, on the 2nd of the month, Samsung’s latest products such as Galaxy S3, Galaxy Note and Galaxy Note 10.1 as items that have infringed Apple’s patents.

 

Samsung Electronics announced that they ”plan to file a lawsuit after closely examining the i-Phone 5 as soon as they acquire it as it is assumed to have infringed upon Samsung’s patents.”   It is regarded highly possible in the electronics industry that a lawsuit will be raised over communications standards patents related to long-term evolution (LTE), and specifically fourth-generation mobile communications.

 





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