1. KIPO to “Improve 3-dimensional design application format to make filing easier”

 

Conventionally, filing a patent application for a three-dimensional design was possible only in the DWG, DWF, 3DS and IGES formats, but the KIPO has improved the application process by making it possible to file the application also in the 3DM format so as to make it easier for individuals and small-and-middle businesses to file an application.  The 3DM format is low in price and convenient in function, so it is frequently used by students and individuals.  With the improvement in the three-dimensional design filing process, it is expected that the economic burden will be lightened, since filing has become possible with three-dimensional drawings only without the need for preparing two-dimensional six view drawings.

 

 

2. 4000 cases have made use of the Technology Deposit System during the four years since its introduction

 

The Technology Deposit System is a system for protecting the technologies of small and medium businesses, whereby large and small businesses agree with each other on certain conditions to have core technological data kept in the Large & Small Business Cooperation Foundation.

 

According to the Large & Small Business Cooperation Foundation, the Technology Deposit System that was introduced in August 2008 and the number of cases utilizing it reached 1,000 for the first time in December 2011 and exceeded 2,000 in July last year.  And in the subsequent eight months, it doubled to exceed 4,000 cases.  Such a trend is a result of a steadily increasing interest in technology protection by small and medium businesses.  Also, the Small and Medium Business Administration contributed to it with a strong will by providing a deposit expenses support basis for the protection of products resulting from research and development.

 

 

3. Korean intellectual property competitiveness ranks fourth … “Foundation excellent, but end product inferior”

 

Korean intellectual property competitiveness has taken fourth rank among the ten most advanced countries that produce the majority of patent applications and registrations.  The Korea Institute of Intellectual Property selected the top ten countries based on the value obtained by dividing the cumulative number of patent applications and registrations by PPP (purchasing power parity)-based GDP (gross domestic product).

 

In the evaluation in which 90 indicators in five fields were analyzed, the U. S. A. ranked first with 67.1 points and Japan and Germany took the second and third ranks respectively.

 

 

4. The U. S. reinforces the intellectual property rights industry … sues foreign companies that have used illegal SW

 

The U. S. Government sued several foreign manufacturers that exported products to America made by using illegal SW, as part of the industrial protectionist policy.  Domestic companies that have advanced into America or intend to export to America could be fined a maximum of 250,000 dollars (about 300 million won) or in the worst case could be prohibited to export if it is uncovered that illegal SW has been used.

 

The U. S. unfair competition prevention law is applied to any industry regardless of the type of business.  Using illegal SW has been interpreted as gaining unjust profits.  A lawsuit can be raised against a case of a product having 3% or more sales in the market than a related product made with lawful SW. 

 

 

5. The U. S. amended invention law (AIA) will take effect on March 16

 

In the U. S. patent system, “first to invent” will be changed to “first to file”.  With a drastic change in the U. S. patent system, which is a ferocious battlefield of patent war, the predictability of patent disputes has increased, so a considerable change to our business is inevitable. 

 

Due to the AIA amendment, the U. S. Patent Office will get deeply involved in patent disputes.  Many matters that the judicial branch has been in charge of such as patent invalidation have been transferred to the Patent Office.  The U. S. Patent Office will also play the role of patent examiner as is with this country.

 

The U. S. Patent Office examiners number has increased to more than 10,000.  Last year more than 1,000 people were recruited, and it is said in the industry that the number of examiners will continue to be greatly increased this year as well.  That the quality of patents registered in the U. S. is improved means that the possibility of dispute will also increase a great deal.

 

 

6. Supreme Court sentence 2013.1.16, judgment 2011 Hu 3322 [Registration invalid (TM)] [E2013T, 364]

 

[Decision]

 

In the issue in which the obligee of registration of the preregistration trademark of “ ”, Corporation A, demanded a registration invalidation trial against the obligee of registration of the registered trademark “”, Corporation B, for the reason that the registered trademark conforms to Trademark Law Article 7, Paragraph 1, Number 7, both trademarks are similar to each other, but unlike this, there is illegality of misunderstanding of the principle of law in the original judgment.

 

[Gist of judgment]

 

In the issue in which the obligee of registration of the preregistration trademark of “”, Corporation A, demanded a registration invalidation trial against the obligee of registration of the registered trademark “”, Corporation B, for the reason that the registered trademark conforms to Trademark Law Article 7, Paragraph 1, Number 7, both trademarks are different in the exterior and name, but it cannot be deemed to have reached the extent that it overwhelms the similarity of the idea, so in the case that both trademarks that are similar in the idea are used together in identically/similarly designated goods, there is a fear of causing misidentification/confusion to the general consumer or dealer regarding the source of the product, so although both trademarks are similar to each other, it was ruled, unlike this, that there is a misunderstanding of the principle of law in the original judgment.