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The burden of a patent lawsuit has been reduced by increasing the quality of the trial (News Letter No.199)

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KH

Post Date 

2010-09-01

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1. The burden of a patent lawsuit has been reduced by increasing the quality of the trial
- The rate of filing an appeal and the rate of supporting a decision are improved

According to the Korean Intellectual Property Tribunal (KIPT), the rate at which an appeal is filed with the Patent Court of Korea (PCK) against a decision made by KIPT and the rate at which PCK supports a decision made by KIPT were greatly improved in the first half of 2010.

The rate of filing an appeal with PCK was about 18~19% during the period from 2004 to 2008. However, it was greatly improved to 15.2% in 2009 and has continuously decreased to 14.3% during the first half of 2010.

KIPT introduced a trial judge recommendation system and a trial judge ranking system to reinforce the professionalism/specialty of a trial judge, and a trial judge pool system regarding the convergence and integration technology. KIPT also expanded and strengthened the oral hearing proceeding for fast and accurate hearing proceeding. In addition, KIPT continuously operates education for trial judges by analyzing cases canceling a judgment decision and cases of an erroneous judgment. Like these, as a result of steadily making an effort to improve the quality of the judgment, the rate of filing an appeal and the rate of supporting a decision of KIPT have been greatly improved.

Further, KIPT notifies an examination bureau of the Korean Intellectual Property Office (KIPO, Commissioner: Soo-won LEE) of a case cancelled by a trial judge with respect to a decision to rejection rendered by an examiner of KIPO, and a case finally decided to be invalidated with respect to a registered right. Regarding these cases, KIPT holds a joint meeting for the harmonized judgment bases between KIPT and the examination bureaus, thereby making efforts to improve the quality of examination.

“We were not satisfied with these results, and all of KIPT will make efforts for better quality judgments. KIPT as a first dispute meditation organization of an intellectual property right will do its best to rapidly and accurately settle the increasing intellectual property disputes, thereby enhancing the national and companies’ competitive strength,” the president of KIPT said.


2. The number of patent applications relating to an electric car is steadily increasing
- The number of patent applications relating to an applied technology for commercialization is increasing

The number of patent applications relating to an electric car is steadily increasing. According to KIPO, 103 patent applications relating to an electric car were filed in 2000 when the technology regarding the electric car was earnestly developed. 142 patent applications were filed in 2005, showing a 6.6% annual average increase. 291 patent applications were filed in 2006 when the international oil prices sharply increased, recording a 105% increase in comparison with the number of the applications filed in 2005. 356 applications were filed in 2008 and 360 applications were filed in 2009, showing a steady increase after the international oil prices stablized.

The technology filed during the last ten years is classified by types as follows: The number of the cases for hybrid automobile related technology was 808 (40%), the number of the cases for fuel battery automobile related technology was 437 (22%), and the number of cases for other technology was 764 (38%). As shown, the most applications filed were for the hybrid automobile related technology, the commercialization of which was easy.

The total number of the applications filed for the electric car related technology increased in 2009. However, while the number of the applications for the hybrid and fuel battery automobile related technology greatly decreased, the number of the applications for the applied technology needed for commercialization greatly increased. This is because companies focus on the development of technology of elements (motor control, among others) required for the electric car commercialization as the core technology development of the hybrid and fuel battery automobiles entered a certain mature stage.


3. Wings are put on a promising patented technology of universities and public research institutes
- An inauguration ceremony of a project to support the commercialization strategies of a promising patented technology was held

KIPO started regularly supporting the development and commercialization of promising patented technology possessed by universities and public research institutes.

KIPO held the inauguration ceremony of the “project to support the commercialization strategies of the promising patented technology of universities and public research institutes”. About 230 people, including the university and public research institute-related persons and the technology commercialization transaction agency and company-related persons, attended the ceremony.

The “project to support the commercialization strategies of promising patented technology” covers searching the patented technology of universities and public research institutes which is promising for commercialization, analyzing and supplementing the patent, evaluating the technology, and supporting expert consultation for a technology commercialization so that the patent can be transferred to a company at a proper price.

The rate of using the patents of Korean universities and public research institutes is about 29.3%, relatively low in comparison with 59.3%, the rate of using the patents of private companies. Since 2009, KIPO found non-utilized patents in universities and public research institutes and contacted a special agency for a technology commercialization, to positively support the commercialization of promising patents and the technology transfers.

The evaluation of a total of 3,482 patents possessed by 28 universities and public research institutes was finished before July of this year. As the result, 79 patents that are likely to have a high possibility of commercialization in the relevant industries are finally selected to be supported as commercialization consulting and the like.


4. The heads of the world intellectual property academies met in the Republic of Korea, to determine a globally cooperation plan

The heads of the world intellectual property education academies came to the Republic of Korea to seek a global cooperation plan.

The International Intellectual Property Training Institute (IIPTI) of KIPO and the World Intellectual Property Organization (WIPO) jointly held the ‘4th symposium of the heads of the world intellectual property academies’ at the hotel, Grand Hyatt in Seoul.

The subject of the symposium was the ‘training of a global creative talent and intellectual property expert’. The representatives of the eleven countries including the European Patent Office, the African Intellectual Property Organization, the USA, Japan, and China, among the others, which are members of the Global Network on Intellectual Property Academies (GNIPA), attended the symposium and discussed the strategies to activate an intellectual property education, the international cooperation plan for intellectual property e-learning, and the plan to enhance a partnership with industries and universities. Further, a ‘Seoul Action Plan’ including the tasks and plans to be implemented in the future was selected based on the result of the discussion at this symposium.

“This symposium will be an opportunity to inform the world of the high-level intellectual property education power of the Republic of Korea and to lead the world intellectual property education field,” the dean o  

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Abuse of an IT patent right will be prevented (News Letter No.200)

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The intellectual property (IP) strategies of three northeast Asia countries are presented in one place (News Letter No.198)