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The commissioners of KIPO, JPO and CNIPA met in Busan after 4 years.(News Letter No. 517) |
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KH |
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2023-12-01 |
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1108 |
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1. The commissioners of KIPO, JPO and CNIPA met in Busan after 4 years.
- KIPO hosted the 23rd meeting of the commissioners of KIPO, JPO and CNIPA (China National Intellectual Property Administration).
KIPO held the 23rd meeting of the commissioners of KIPO, JPO and CNIPA as a face-to-face meeting after 4 years in Busan on November 30 and December 1, 2023.
The meeting of the commissioners of KIPO, JPO and CNIPA have been held continuously since 2001 aiming to exchange and use the patent examination information, harmonize the patent systems and form international norms in the intellectual property (IP) field. The meeting also has contributed to the balanced development of the three countries’ IP systems through the cooperation in the various fields of trademarks, designs, trials, educations, etc.
In the meeting on November 30, 2023, the cooperation performance among the three, which had been continued online during the COVID-19 period, was reconfirmed and the in-depth discussion was about the inventorship of AI (whether to acknowledge AI as an inventor), which has been recently a growing interest as a special topic, and the AI-related patent examination standards, etc.
In the meeting on December 1, 2023, a symposium of the users of the three, where IP experts participated, was held on the role of intellectual property for innovative SMEs.
In the symposium, the three’s diverse IP policy was introduced to promote the innovation of SMEs, and the three’s financial institution officials, who perform the IP financial work, explained a financing plan for SMEs by using IP. The three’s major policies to effectively support the management activities of SMEs holding promising technologies were expected to be shared.
2. The public and private sector join hands to take full action against counterfeit products of K-brands.
-KIPO concluded a business agreement with 5 industry associations and organizations frequently damaged by K-brand counterfeit products (November 8, 2023).
-KIPO carries forward to share a success story in jointly responding to K-food counterfeit products and to spread joint response to other industries.
A public-private joint response council to actively respond to K-brand counterfeit products (hereinafter, referred to as “the council”) has been officially launched.
On November 8, 2023, KIPO announced to conclude a business agreement to jointly respond to counterfeit products with Korea Intellectual Property Protection Agency and major industrial associations and organizations frequently damaged by overseas counterfeit products.
The council has been formed to systemically prevent Korean export companies’ damages by counterfeit products and to respond to the counterfeit products frequently damaging Korean companies in the fields of foods, cosmetics, clothes, etc. which have been major Korean export items.
From the next year, the council is to frequently collect and provide information of the distribution of overseas counterfeit products, share a response skill, carry out education to raise awareness of K-brand protection, and provide information regarding an overseas agent, etc. The council also has a plan to run a meeting or presentation to respond to K-brand counterfeit products, to share cases responding to counterfeit products, collect opinions from the relevant industries and reflect policies.
The meeting is to share the first ‘case responding to K-food counterfeit products’, which the associations and organizations and individual companies jointly responded to the damages by Chinese counterfeit products won in a civil suit, and to listen IP-related difficulties in the export industry scene.
▲ (Joint response case by industry) – Jointly responding food companies for the first time won in a civil suit related to counterfeit products.
(Background) Although Korean companies’ damages due to the distribution of K-brand counterfeit products by Chinese counterfeit food companies had spread, since a response at individual company level resulted an increase in cost burden and an insufficient response effect, a joint response among the companies was carried out.
(Results) The Korea Foods Industry Association and Korean food companies formed the council (April 2021) to carry out a joint response and prepared responsive strategies by investigating an actual condition, collecting evidence and reviewing the law (~July 2021). They filed 7 lawsuits to prohibit infringement and compensate for damages against the counterfeit product companies (December 2021) and won 5 cases in the Chinese court (March 2023).
3. KIPO provides information on an international patent application to secure a patent abroad.
-KIPO held the 2023’s second half presentation of Patent Cooperation Treaty (PCT) (November 21, 2023)
-The presentation was to introduce changes in the electronic application filing system (ePCT) and new international standards of sequence listing, etc.
KIPO and WIPO jointly held the 2023 second half presentation of PCT on November 21, 2023, to enhance the understanding of people to file an international patent application according to PCT.
South Korea ranked 4th (22,012 applications) in the world for 3 consecutive years in the number of international patent applications as of 2022 after joining the PCT in 1984. South Korea has actively used the PCT international patent application system by showing an increase of 6.2% compared to the previous year.
The presentation was prepared to introduce the recent trends of the PCT system for people in charge of IP affairs. 135 people including applicants, patent attorneys, private IP experts attended the presentation.
The presentation thoroughly introduced the recent changes in the web-based electronic application system (ePCT) which is essentially used to file an international patent application, and the international standards (ST.26) regarding the description of gene sequence listing which must be followed when filing an application in the biotechnology field.
The recent changes introduced regarding the electronic application system (ePCT) are the function to make it possible for a plurality of people to work at the same time when preparing one application, and the emergency service to enable an international application even if the ePCT is not connected due to an unexpected failure, etc.
Regarding an application to be filed in the biotechnology field, a correct description format of gene sequence listing was introduced as to the new international standards (ST.26) relating to the filing of gene sequence listing which was implemented in July 2022, and a method to use a form-creating machine was also introduced.
4. The Korea Supreme Prosecutor’s Office (KSPO) and KIPO accelerate the establishment of standards to calculate damage due to a technology leakage.
-KSPO and KIPO jointly held a forum to introduce a valuation to calculate the amount of damage by a technology leakage (November 3, 2023).
With the support of the National Intelligence Service (NIS), KIPO and KSPO held a forum to introduce the valuation to calculate the amount of damage by a technology leakage.
A technology leakage is a serious crime to deprive the possibility of growth in the damaged company by taking away the technology that a company developed by investing time and money and leaving irreversible damage. Nevertheless, since in many cases, it is difficult to calculate the amount of damage due to a technology leakage, it usually means that the punishment is not commensurate with the crime. Since the effect of preventing the crime is not great due to the punishment with a soft bat, Korean companies’ damages by a technology leakage has continued to occur.
Therefore, KIPO and KSPO have reviewed, through a research service, a plan to systemize a method to calculate the amount of damage resulting by a technology leakage. This forum was prepared to form a consensus on the importance that the relevant agency should prepare the standards to calculate the damage by a technology leakage, to share the improvement plan as researched, and to seek future solutions and promotion directions together.
In this forum, the officials from the related ministries, such as the Korea NIS, the Korea Ministry of Trade, Industry and Energy, and the Korea National Police Agency, and the practitioners of an evaluation agency performing an IP valuation, etc. attended to share opinions.
The director of Scientific Investigation of KSPO said, “although the act of leaking a technology is a serious crime to threaten the survival of a company and to have a negative impact on national security and national economy, since it is difficult to specify the amount of damage, it is not reflected as a sentencing factor. Prosecution will try such that a technology leakage can be reflected as a sentencing factor by preparing a plan to calculate the value of the technology.”
5. KIPO will be helpful in developing new drugs by analyzing the patent big data of antibody drug conjugate (ADC).
-A presentation will be held to publish the results of ADC patent analysis to develop new drugs (December 14, 2023).
-A forum will be held to share the results of the ADC patent analysis and to use the results for research and development (R&D).
According to KIPO, KIPO and the Korea Drug Development Fund will jointly hold a presentation to publish the ADC patent analysis, to develop new drugs.
The presentation has been planned to provide Korean pharmaceutical companies and bio development companies with the promising technologies and major core patents, etc. from the point of view of bigdata derived through ADC patent analysis in the spotlight as a next-generation anticancer agent.
A plan to utilize the results of ADC patent analysis as R&D will be discussed to provide a Korean pharmaceutical and bio R&D field with customized information, expecting to contribute to securing new global growth engines.
Every year, KIPO analyzes the whole world patent bigdata to major industries to diagnose Korean and overseas technology levels and to drive a future promising technology to be provided to a Korean company and a specialized governmental R&D institution, thereby making various efforts for the efficiency of the national R&D.
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