1.      KIPO in the fifth IP5 WG3 Meeting and 2^nd PHEP (Patent Harmonization Expert Panel) Meeting

The Patent Examination Policy and Practice (WG3) meeting of the advanced IP countries of America, EU, Japan, Korea and China discussed patent joint examination work guidelines and quality control, examination work cooperation, examination-related common statistical indicators, examiner common training policy, and patent law standardization among the five countries with well-developed intellectual property industries. They will deliberate in depth: work sharing for efficient utilization of patent examination results, patent system harmonization for the standardization of the patent law systems of each country, and the international investigation quality improvement scheme in accordance with the patent cooperation treaty (PCT).

2. Government to act as matchmaker between technology and business

As it is pointed out that an integrated single window is urgently in need to make it easy for businesses to search for desired technological information online, it is noteworthy that the government will play the role of ‘matchmaker’ between technology and a business in demand. A high-ranking officer in the Ministry of Science, ICT and Future Planning announced on the 17^th that “An on/off line integrated database platform “i-R&D-Business” will be in full operation next year to support matching between technology and business to provide information needed by business such as that related to the a fund in security for technologies.  This system will begin a trial operation when it is completed by next month, and will start integrated services through the “Creative Economy Town”.

3. KIPO to completely mend trademark law in 23 years

Henceforth, a “trademark broker” who steals another’s idea to obtain a trademark right and demand a large amount of settlement money will lose their footing.  The scope of acknowledgement of trade dress which signifies an image that brings to mind a specific trademark such as shape, interior, sound, smell, or letter, or a company will be expanded. 

KIPO decided to set up a new basis for the examiner to reject registration if one uses the fruits of another’s labor without permission or if it lacks significant validity in the process of applying for and registering a trademark.  KIPO announced on the 14^th that it will make a prior announcement for legislation of an overall amendment to trademark law with a framework of such contents by the 24^th of next month.

4. Annual Meeting of TM5 attended by America, China, Europe and Japan to be held in Korea

KIPO announced on the 13^th that a TM5 annual meeting of five countries with well-developed trademarks industries will be held in Seoul on December 4 to 5.  Representatives of the patent offices of the five countries of Korea, America, Europe, Japan and China, which account for about 70% of the trademark and design applications worldwide, meet every year to discuss the international harmonization of trademark and design systems.  The joint examination project is to compare and analyze the examination results on the same trademarks between the TM5 countries to understand the differences in the trademark laws, examination criteria and examination practices of the respective countries.  Based on this, it is to seek for the streamlining of the differences and provide the applicants with comparison and analysis data so as to help them foresee the examination results when they make applications in foreign countries.

5. Confirmation non-existence of prohibited right in case of transfer/use of domain name, Supreme Court 2013.9.12 sentence, 2011 Da-57661 judgment

When a person who wants to cancel the registration of a domain name or transfer the registration thereof, the person should have a 'reasonable reason', or should have already registered, before others, the same or similar names, trade names, trade marks, service marks, or other signs (hereinafter referred to as a "target sign") as a domain name, domestically or abroad, or already have used the domain name for a long time.  Thereby, the person has a close relationship with the domain name and enough of a direct relationship to deem that canceling or receiving the domain name without payment can be justified, and that there is a sufficient reason for protection of the domain name.

6. Determining similarities between trademarks: DASASO is not a trademark copied from DAISO.

The Seoul Western District Court Civil Case Consultation 13 part (head judge Ye Ji-hee) announced on the 29^th, that it ruled against the plaintiff, in the service mark right infiltration prohibition suit, which Daiso Asung Industry, that operates the household items business Daiso, filed against the company that operates DASASO.  Saying “The two service marks are not similar in appearance because they feel different in font configuration and shading,” the judge panel ruled “Although the two service marks have the same numbers of syllables and the same first syllables and last syllables, the middle syllables “이(i)” and “사(sa)” are decidedly different in terms of sound.”  Further, the court deemed the service mark rights not infringed, explaining, “Whereas “DAISO” makes one feel “다 있소 (we have all of them)” in the Korean language or Japanese, “DASASO” means “다 사소 (please buy all of them)” in the Gyeongsangdo dialect; so they are conceptually different.”