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Asiana IP Newsletter_January of 2017

관리자 │ 2017-02-02

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1. KIPO explains the intellectual property and support schemes that are to be changed this year

 

The KIPO has shortened the period of examination for patent application from five years to less than three years from the date of application starting with this year so as to have the rights for patent inventions determined as soon as possible.  In order to prevent improper patents, the KIPO has implemented improvements such that any citizen can file, starting with March, a patent cancellation application within six months after publication of registration from the date of patent right establishment registration.  Tax benefits related to intellectual property rights were also expanded so that tax deductions for expenses for acquired technologies were increased from 7% to 10% when small and medium businesses acquire technologies such as patents from an outside.  Non-taxable objects for compensations of inventions related to the duties, which were limited to patent registration compensations, have been expanded to include application, registration and implementation compensations as well.

 

2. Supreme Court will implement additional punishment if big businesses leak technologies of small and medium business

 

The Supreme Court Sentencing Advisory Panel (Chairman Lee Jin-Kang) will give additional punishment by adding the content of technologies of small and medium businesses infringed upon by big businesses if severe damage was caused to the person whose right was infringed upon, which is a special weighting factor of business secret infringement in intellectual property right crimes.  The Sentencing Advisory Panel raised the upper limit of basic sentence range for technology leaks from one year and six months to two years for domestic infringements, and from three years to three years and six months for foreign infringements.  The Sentencing Advisory Panel adjusted upward the upper limit of additional punishment range from three years to four years for domestic infringements, and from five years to six years for foreign infringements.

 

3. KIPO will protect intellectual property rights of small and medium businesses that have extended their business abroad

 

The KIPO announced on the 17th that it will put in 18.3 billion won this year to protect the intellectual property rights of small and medium businesses that have extended their business abroad.  The KIPO has been giving support such as intellectual property right consulting (6,833 cases), trademark applications (1,111 cases), customs and intellectual property right registration expenses, and on-site infringement investigation through Korea Trade-Investment Promotion Agency (IP-DESK).  The number of businesses that had dispute consulting is 487 which is increased 40%, and the number of businesses that had litigation insurance is 220 which is increased 48% compared to the previous year.  Furthermore, the KIPO is providing support for consulting and litigation insurance to strengthen the capability for companies to cope with K-brand preoccupancy without notice and on-line distribution of fake products in Korean-wave areas such as China and ASEAN countries as well as disputes over intellectual property rights of export companies.

 

4. Korea's technology competitiveness shrinks: technical trade deficits exceed 6 billion dollars in 6 years

 

According to the technical trade statistics for the year of 2015 announced by the government, Korea's technical trade volume is 26,817 million dollars in total, showing an increase of 1,120 million dollars (6%) over the year of 2014.  The amount of technical exports recorded was 10,408 million dollars, showing an increase of 643 million dollars over the year of 2014.  After reaching 5 billion dollars in 2012, it reached 10 billion dollars for the first time in three years, showing a steep growth.  However, the amount of technical imports has also increased by 869 million dollars over the year of 2014 to a record 16,409 million dollars, showing a deficit range of 6,001 million dollars.




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