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ASIANA IP Newsletter_October/November 2021

관리자 │ 2021-10-19

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1. Korean Intellectual Property Office, first implementation of image design system with digital technology

In the past, only product designs with images could be registered, but in the future, augmented reality, including the manipulation of devices and functions, as designs expressed in spaces using new technologies will be protected as such. Images displayed on website screens, exterior walls, road surfaces, and the human body, virtual reality (VR), and augmented reality (AR) images can also be applied for and registered as designs from the 21st.

The Korean Intellectual Property Office announced on the 19th that through the revision of related laws, a turning point has been prepared to protect digital image designs with various uses and functions independent of items such as image designs for information communication, medical information, crime prevention, and health care.

Accordingly, unauthorized use or online transmission of a design identical or similar in form to the registered image design by a third party may constitute an infringement of the design right.

In addition, the partial design protection system for a set of articles will be implemented from the 21st in order to prevent others from imitating only some characteristic parts of ‘one set of articles’.

 

2. President Moon Jae-in: "Korea ranks fifth in the world in innovation index..a definite leap forward as a leading nation"

President Moon said that Korea ranked fifth in the world in the '2021 Global Innovation Index' announced by the World Intellectual Property Organization (WIPO) under the United Nations. South Korea ranked first in Asia after Switzerland, Sweden, the United States, and the United Kingdom. President Moon said, "It has risen five places from last year's 10th place, and it is the first time that it has achieved the first place in Asia." As a result of the rise, WIPO praised it as a 'Spectacular Jump!'" he emphasized.

President Moon continued, "In particular, we ranked first in the world for three years in a row in the field of 'human capital and research', which is evaluated as an investment for the future, and also in nine detailed indicators such as patent applications to GDP, government online services, and the proportion of high-tech exports. We ranked first in the world,” he said, adding that high-tech industries such as semiconductors and rechargeable batteries, K-culture such as K-pop and K-movies, R&D investment, IT infrastructure, digital new deal, etc.

 

3. China’s 15-year plan for intellectual property development announced"To be at the forefront of the world in 2035

China, famous for its 'counterfeiting' and 'imitation', announced its plan to "take the lead in the global competitiveness of intellectual property rights by 2035." According to Xinhua, the state-run media, on the 23rd, the Communist Party of China and the State Council recently announced the 'Guideline for Building a Powerhouse in Intellectual Property Rights' and said, "By 2025, it will have a clear effect in this field, and by 2035, build the foundation for a world-class intellectual property power power." According to the National Intellectual Property Office of China, Chinese society's satisfaction with intellectual property protection rose from 63.69 in 2012 to 80.05 last year climbed up. In the summary, the added value of the patent-intensive industry and the copyright industry will reach 13% and 7.5% of the gross domestic product (GDP), respectively, by 2025.

 

4. Korean Intellectual Property Office "Relief from mistakes made by applicants and expand opportunities to acquire intellectual property rights"

The Korean Intellectual Property Office announced on the 30th that some amendments to the Patent Act, Trademark Act, and Design Protection Act have been passed at the National Assembly plenary session to actively remedy the mistakes of individuals and small and medium-sized enterprises (SMEs) with weak intellectual property rights and to maximize the opportunity to acquire rights.

For example, 1) The period for requesting a patent trial (reexamination request period) for a rejection decision was extended from 30 days to 3 months, providing sufficient preparation period to extend the period.

2) The relevant laws have been amended so that applicants can recover the opportunity to acquire intellectual property rights due to hospitalization, due to chronic illness or errors in direct payment of fees.

3) By automatically recognizing the priority claim in the divisional application, if there is a priority claim in the original application, the case of rejection due to omission of priority in the divisional application can be prevented.

4) Even after a patent registration decision has been made, the subject of priority claim application has been expanded so that an invention that has been improved or added to the patent application can be newly applied for and registered through priority claim.

5) Amendment of an application following a request for reexamination has been extended to the period of request for reexamination.




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