SUNYOUNG INT’L Patent & Law Firm Newsletter(May, 2010)
Introducing Change of Korean Design Practice
The Korean Intellectual Property Office (KIPO) entered Locarno Agreement establishing an international classification for industrial designs and therefore, new regulations of Korean Design Practice will be established reflecting the Locarno Classification to remedy inadequate current Practice. It would enhance convenience for an applicant in easing the requirements for exceptions to lack of novelty, creating an application regulation for supplementation, improving multi-class application system, introducing an amendment by ex officio and expanding acceptance of grounds for reexamination. Further, it would extend term of design’s right for 20 years and strength a creator’s protection right and stability of right.
Korean Government with invention capital company, confronting against Patent Troll
Korean government established fifty billions scale of second Patent management company together with a private company. Its fund scale is more than twenty times larger than the first company (IP Cube Partners) so as to accommodate a significant number and size of patent and therefore, it could confront aggressively against foreign Patent Troll.
IP Cube Partners purchases ideas or inventions to be patentable from universities and research centers and focuses its business in obtaining and commercializing patent. Meanwhile, the invention capital company not only confront against foreign Patent Troll purchasing Korean patents aggressively and but also obtain foreign superior patents. The official from Ministry of Knowledge Economy said “Patent affects survival of company to that the term “Patent Troll” is created. The invention capital company will make an opportunity using dormant patent from universities or research centers.” He also evaluates that this would contribute to aware importance of intellectual property to domestic companies.
Increase of Filing Patent Applications for 3D-TV
The Korean Intellectual Property Office (KIPO) reports that filing of patent application related to 3D TV has been increased double as for 265 applications in 2009 than in 2004. Upon reviewing filing trend over past 10 years for each technical field, a total of 1,366 applications of technology breaks down to 920 (67%) related to 3D video creation and display, 202 (15%) to 3D video acquirement and editing technology, 154 (11%) to 3D video encoder and transmitting technology, and 90 (7%) to recording and camera technology.
Insurance for Patent infringement
In concern of increasing intellectual property disputes, LIG Insurance Co. Ltd. has signed to join supporting business for intellectual property disputes insurance with Korean Intellectual Property Protection Association and started to sell intellectual property disputes insurance for the first in Korea. This insurance will compensate law expenses that might be incurred when small and medium enterprises are faced with intellectual property disputes.
Movie “Iron Man” in reality
The movie “Iron Man 2” is released. The iron man who is an ordinary person wears a robot suit and becomes a super hero for that is differentiated from previous super heroes. Accordingly, this movie attracts people to the robot suit the main character wears of it.
Although it does not have powerful new forces such in the movie, a research is active in developing wearable robot technology for strengthen muscles of human. It would be assistance for old and handicapped people, handle heavy products in industry and further, demand of it keep increasing in military, social security and other fields. Furthermore, since technical possibility becomes actualized, filing of the related patent applications also keeps increasing.
Louis Vuitton sued Hyundai Motor Company
Louis Vuitton, a subsidiary company of France Corporation LVMH has filed a lawsuit against Hyundai Motor Company alleging Hyundai’s Super Ball advertisement infringed their image. In the lawsuit, filed in U.S. District Court for Manhattan New York, the company said that US Corporation of Hyundai (HMA) has illegally used their image in the NFL Super Ball advertisement and asked for compensatory damages.