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News letter February, 2012

관리자 │ 2012-01-31

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1. Copyrights can be registered online

 

The Korea Copyright Commission announced on the 3rd that on the 2nd it launched a new ‘Integrated Online Copyright Registration System’. Copyright registration is a system for protecting the author’s rights through public notice by registering in the official register the right of his literary works.

 

The Commission integrated into one the applications that it used to receive individually for general writings such as literary works, fine arts, video images and computer programs. It got rid of the inconvenience wherein documents such as basic application forms and evidentiary documents and CDs (computer programs) for some applications should be submitted in person.

 

2. Korea Seed and Variety Service to expand New Varieties to be protected to all plants from the 7th of this month

 

According to the Korea Seed and Variety Service, strawberries, raspberries, Unshiu oranges, blueberries, sweet cherries and seaweeds that were excluded from the crops to be protected in accordance with the convention of the International Union for the Protection of New Varieties of Plants (UPOV) will be designated and notified as varieties of crops to be protected.

 

New varieties of the crops to be protected will have variety protection rights acknowledged through rigorous cultivation evaluation, and its effect will extend to the harvest of the seed and the products manufactured directly from the harvest.

 

Accordingly, cultivation evaluation will be conducted on the plants other than seaweeds among the plants to be protected.

 

3. Woongjin will keep on using the ‘ReEn’ trademark … it won the trademark suit

 

In the trademark right dispute over the cosmetics brand ‘Re:NK’ between LG Household & Health Care and Woongjin Coway, Seoul High Court Civil Action 4 ruled against the plaintiff on the 11th, overturning the original decision of the first trial, in the suit demanding the prohibition of trademark right infringement that LG Household & Health Care filed against Woongjin Coway, contending that “the Woongjin cosmetics brand ‘Re:NK’ infringed the trademark right of its brand ‘ReEn’”.

 

The court explained that although ReEn and Re:NK have similarities, the appearances and names are different and also the sales networks are different.

 

LG Household & Health Care started litigation over trademark infringement at the time when Woongjin Coway showed results after it made an entry into the cosmetics market. At the time, LG Household & Health Care filed a suit, contending that “From the time when Woongjin Coway released Re:NK in the market, the trademarks were similar, so confusion on the part of the consumer is expected.”

 

4. Fair Trade Commission establishes guidelines on patent license agreement

 

The Fair Trade Commission (commissioner Dongsoo Kim) announced on the 17th that it established ‘guidelines for making patent license agreements fair’, which provide easy explanations on examples of violations of law that small and middle businesses could commit in the course of concluding license agreements with big businesses, the patent right holders.

 

The guidelines classified fair trade law violations into five highly possible categories: businessmen’s joint actions and competition restrictions; businessmen’s independent actions and competition restrictions; unfair contract obused by a prominent position; making use of unfair competition means; and concentration of economic power through support to subsidiaries.

 

And ten items to which attention should be paid in the course of signing an agreement, such as engineering fees, submission of evidentiary data, purchase of raw materials, and action on losing patent effectiveness were selected to be included in recommended examples of agreement.

 

5. LG Electronics wins patent suit against Daewoo Electric

 

LG Electronics announced on the 24th that it had the validity of its patent rights acknowledged finally by the Supreme Court recently in the patent lawsuit over the direct drive type washing machine that has been ongoing for seven years with Daewoo Electronics. The Supreme Court overturned the decision of the second trial that sentenced patent invalidation, saying “it is acknowledged that the relevant patented art has inventive step that is not easily deduced from the precedent art,” and remanded the case to the High Court.

 

The a spokesperson from LG Electronics said, “The patent validation decision of the Supreme Court has demonstrated the excellence and originality of the art of directly connecting to the wash tank the motor turning the direct drive wash tank.”

 

6. LG Electronics won a refrigerator patent suit against Whirlpool, a U. S. home appliances manufacturer

 

The U. S. Court ruled on this day that “the fast fill technology whereby the water bowl is filled within the fastest time by controlling the quantity and speed of the water coming out of the water/ice dispenser belongs to the patent of LG Electronics.”

 

When LG Electronics obtained the fast fill patent in 2009, Whirlpool filed a suit contending it had invented the art first. On that contention, the U. S. Court said “Whirlpool failed to present evidence that it had developed the art first. Since its market share in the U. S. for home appliances including refrigerators dropped in the U. S. it started litigation against LG Electronics.





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