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Asiana IP Newsletter_October of 2015 관리자 │ 2015-11-27 HIT 1170
1. KIPO, offering fee waivers if large corporations open patent rights free of charge to small or medium enterprises If a large corporation holding a patent, utility model or design rights transfers the patent free of charge to a small or medium enterprise, points that can be used like cash will be given to a patentee for use upon payment of a patent service charge. The KIPO announced on October 29 that the amendment regarding ‘collection regulations of patent fees etc.’ to provide charge incentives to a patentee that opens patent rights free of charge would be enforced from the 1^stof the next month. The KIPO decided to return 50% of the patent registration fee paid for the applicable period with points to a patentee who establishes a non-exclusive or exclusive license right free of charge for three years or more. A large corporation can receive 300,000 won’s worth of intellectual property points if it transfers patent rights to a small or medium enterprise and 50,000 won’s worth of intellectual property points if transferring a utility model or design rights. 2. The fashion industry has become a playground for ‘imitation’... Design protection ‘after the fair’ The fashion cycle of design is usually three to four months. However, it takes an average of six to eight months to register according to the ‘Industrial Design Protection Act’ in order to protect this right. A case in which an imitation appears before the design completes the registration process is frequent. Since most of the design protection regulations are focused only on subsequent relief, they are inadequate to prevent damages. As a result, design companies or designers often depend on criminal accusations or charges. Thus, professionals point out that imitation dealers saying ‘what have we got to lose?’ manufacture and distribute imitations continuously in spite of the continued crackdown because the ‘Prevention of Unfair Competition Act’ has extremely complicated requirements and narrow compensation coverage for damages. 3. The courts provide trial-free resolution to technology conflicts, which have been ongoing for several years, for medium and small enterprises. The Seoul Central Distract Court (the president Hyungjoo Gang) and the Small and Medium Business Administration (Director Junghwa Han) made an agreement to assign conciliation of technology conflict cases to the ‘Small and Medium Business Technology Conflict Conciliation and Arbitration Committee (Chairman Changgoo Lee)’ on October 19. The arbitration and conciliation can solve a case within only three to five months unlike a judicial process, which has been shown to require up to several years until an irrevocable judgment is reached. Since small and medium enterprises have a small-sized workforce, if they become involved in a long trial, they may incur large financial and temporal burdens, and therefore the court forces (OR encourages) small and medium enterprises to settle cases with conciliation and arbitration. Meanwhile, it plans to entrust conciliation to committees comprising of technicians, patent attorneys, former and current judges who have diverse experience in conciliation and arbitration, lawyers and professors, etc. 4. “Name of Girls’ Generation can be used only by Girls’ Generation” The Supreme Court has delivered judgment that only Girls’ Generation can use its name because the name of the girl group ‘Girls’ Generation may be confused if other business operators use that name. Section 3 of the Supreme Court (Chief Justice Soonil Kwon) declared on October 29 that it has overturned the original conviction of the defendant in the case wherein Mr. Kim, who intends to use the name Girls’ Generation in fashion or equipment for play as a trademark, had filed a suit against SM Entertainment Co., Ltd. and then, has returned this case to the Patent Court. The Supreme Court stated that “Girls’ Generation had been ranked No. 1 right after starting group activities from August in 2007 and worked as commercial models of various products to gain quite high recognition” and “consumers may misunderstand that if the name is used in other products, a person who has a special relationship with Girls’ Generation is producing and marketing them.”

Asiana IP Newsletter_October of 2015

관리자 │ 2015-11-27

HIT

1170

1. KIPO, offering fee waivers if large corporations open patent rights free of charge to small or medium enterprises

If a large corporation holding a patent, utility model or design rights transfers the patent free of charge to a small or medium enterprise, points that can be used like cash will be given to a patentee for use upon payment of a patent service charge. The KIPO announced on October 29 that the amendment regarding ‘collection regulations of patent fees etc.’ to provide charge incentives to a patentee that opens patent rights free of charge would be enforced from the 1^stof the next month. The KIPO decided to return 50% of the patent registration fee paid for the applicable period with points to a patentee who establishes a non-exclusive or exclusive license right free of charge for three years or more. A large corporation can receive 300,000 won’s worth of intellectual property points if it transfers patent rights to a small or medium enterprise and 50,000 won’s worth of intellectual property points if transferring a utility model or design rights.

2. The fashion industry has become a playground for ‘imitation’... Design protection ‘after the fair’

The fashion cycle of design is usually three to four months. However, it takes an average of six to eight months to register according to the ‘Industrial Design Protection Act’ in order to protect this right. A case in which an imitation appears before the design completes the registration process is frequent. Since most of the design protection regulations are focused only on subsequent relief, they are inadequate to prevent damages. As a result, design companies or designers often depend on criminal accusations or charges. Thus, professionals point out that imitation dealers saying ‘what have we got to lose?’ manufacture and distribute imitations continuously in spite of the continued crackdown because the ‘Prevention of Unfair Competition Act’ has extremely complicated requirements and narrow compensation coverage for damages.

3. The courts provide trial-free resolution to technology conflicts, which have been ongoing for several years, for medium and small enterprises.

The Seoul Central Distract Court (the president Hyungjoo Gang) and the Small and Medium Business Administration (Director Junghwa Han) made an agreement to assign conciliation of technology conflict cases to the ‘Small and Medium Business Technology Conflict Conciliation and Arbitration Committee (Chairman Changgoo Lee)’ on October 19. The arbitration and conciliation can solve a case within only three to five months unlike a judicial process, which has been shown to require up to several years until an irrevocable judgment is reached. Since small and medium enterprises have a small-sized workforce, if they become involved in a long trial, they may incur large financial and temporal burdens, and therefore the court forces (OR encourages) small and medium enterprises to settle cases with conciliation and arbitration. Meanwhile, it plans to entrust conciliation to committees comprising of technicians, patent attorneys, former and current judges who have diverse experience in conciliation and arbitration, lawyers and professors, etc.

4. “Name of Girls’ Generation can be used only by Girls’ Generation”

The Supreme Court has delivered judgment that only Girls’ Generation can use its name because the name of the girl group ‘Girls’ Generation may be confused if other business operators use that name. Section 3 of the Supreme Court (Chief Justice Soonil Kwon) declared on October 29 that it has overturned the original conviction of the defendant in the case wherein Mr. Kim, who intends to use the name Girls’ Generation in fashion or equipment for play as a trademark, had filed a suit against SM Entertainment Co., Ltd. and then, has returned this case to the Patent Court.

The Supreme Court stated that “Girls’ Generation had been ranked No. 1 right after starting group activities from August in 2007 and worked as commercial models of various products to gain quite high recognition” and “consumers may misunderstand that if the name is used in other products, a person who has a special relationship with Girls’ Generation is producing and marketing them.”

이전글	Asiana IP Newsletter_September of 2015
다음글	Asiana IP Newsletter_December of 2015