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Asiana IP Newsletter_September of 2015

관리자 │ 2015-10-13

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1. Copyright Commission Beijing Center was established to stop copying and illegal distribution of the Korean wave of dramas or videos

The Korean wave is spreading in China in the form of both culture and commodities. A TV drama A Man from Another Star brought about a hot new cultural wave, Chimac (Chicken + Beer), across the Chinese continent, and costumes and cosmetics used by famous Korean entertainers are selling like hot cakes. However, this has led to various forms of copyright infringement, such as the copying of Korean wave goods and the distribution of illegal copies or fake products. Thereby, the Korean government has started in earnest to monitor and regulate Korean product copying practices in China through the Beijing Copyright Center. The Center concluded business agreements with the local portal sites 'Baidu' and 'Taobao' for speedy responses to copyright infringement.

 

2. Government-funded research institutes are found to be not satisfactory in technology commercialization

It was found that more than half of the patents registered by 24 government-funded research institutes were discarded, and the results of technology commercialization were poor with the technology fee revenues of government-funded research institutes decreasing. National Assembly member Moon Byung-ho (New Politics Alliance for Democracy) of the Future Creation Science Broadcasting Communications Commission pointed out on the 17th of the month that the technology fee revenues, which had reached 90.7 billion won in 2012, decreased 11.6% in the past two years to 84.3 billion won in 2013 and 80.2 billion won in 2014, citing the 'Technology Fee Revenues of the Government-funded Research Institutes under the Ministry of Science, ICT and Future Planning' submitted by the National Scientific Technology Research Association. Further, as the current patented technology transfer rate is no more than 30%, the performance-oriented evaluation system should be improved. 

 

 

3. KIPO to apply a new design examination standard from the first of next month

The KIPO announced that it will make improvements on the inconveniences in design application and make new design examination standards, which will come into effect on the first of next month. The main points of the newly amended examination standards are lightening the burden of document preparation by simplifying the requirements of documents to be submitted by the applicant and specifying the criteria for registration possibility so as to protect designs of various forms. First the submission requirements of design drawings will be relaxed. As long as the overall shape of the design can be understood, only part of drawings will suffice without submitting all of the drawings, and in the case of two-dimensional objects such as textiles, registration may be possible with only the drawing of the front submitted without that of the back, which is deemed to have no shape.

 

4. Whether post-study is permitted in determination of inventive step (The Supreme Court 2015. 07. 23 ruled that No. 2013-2620 invalidation trial of registration (Patent))

In determination of the inventive step, it should not be judged whether those skilled in the art can easily make the invention after the fact on the premise that the techniques disclosed in the specification of the invention are already known, and an awareness of these techniques should not to be considered for determining inventiveness. In this case, it would not be possible to easily deduce Configuration 5 of the invention described in the amended claim 1 of this case from Cited Invention 2 and 5, unless it was determined after the fact that those skilled in the art were already aware of the contents of the invention disclosed in the specification of the patent invention of this case. Therefore, such a posterior determination is not acceptable as described above.





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