|
|
|
|
 |
|
 |
|
HOME > Resources >
Newsletters |
|
|
| |
|
|
Title |
|
MOIP and WIPO conducted an online education course of patent examination practices for 33 countries.(News Letter No. 574) |
|
|
Author |
|
KH |
|
Post Date |
|
2026-04-16 |
|
|
Read |
|
116 |
|
Attach File |
|
- |
|
1. MOIP and WIPO conducted an online education course of patent examination practices for 33 countries.
- Korean excellent patent examination secrets were provided from the patent examination procedures to new technology-related examination practices.
MOIP’s International Intellectual Property Training Institute (IIPTI) and WIPO jointly conducted a 2026 online education course of MOIP-WIPO patent examination practices for patent examiners and experts of 33 countries from March 23~27, 2026, to improve the IP capabilities of the developing countries.
This education course was prepared to introduce Korea IP systems and examination systems and provide patent examination secrets, thereby improving the patent examination capabilities of developing countries. This year, a total of 75 experts from 33 countries, where economic cooperation with the Republic of Korea has been strengthened or where growth potential has been great, such as India, Egypt and Sri Lanka, etc., participated and learned Korean excellent patent examination secrets.
This course covered the entire processes of patent examination including ▲ understanding of the Korean IP systems and the PCT international patent system, ▲ sharing how to review patent application documents and how to search prior art, ▲ determining the substantive requirements, such as novelty, inventive steps, etc., and ▲ linking patent examination and post-dispute stages, such that the participants’ practical capabilities can be substantially strengthened.
Notably, this year, the number of examination practical subjects which had had the highest satisfaction rate in the trainee survey over the past 5 years was expanded from 6 to 9, thereby substantially reflecting the education demand in the field.
In addition, to respond to the industrial trend changes focusing on in cutting-edge technologies, such as ▲ bio and medicine and ▲AI and bigdata, etc., examination practical courses by field will be newly established to actively support the participants to strengthen their examination capabilities on new technologies.
The dean of IIPTI said, “this education is an important opportunity to inform the world about the excellent examination systems and secrets of MOIP which is one of the world’s 5 IP instituttions. We will continue to cooperate with international organizations, such as WIPO, etc., to increase the IP administration capabilities of developing countries and further to actively support Korean export companies such that their IP rights can be properly protected overseas.”
2. Prime Minister Minseok KIM held the 39th meeting of the Presidential Council on Intellectual Property (PCIP).
- Date/Place : March 20, 2026 (Fri) 10:00~11:10 / Seoul Government Building
- Attendees : Total of 24 government and private members, including the Prime Minister (Chairman) and the Minister of MOIP (Secretary)
- Meeting agenda :
(1) Policy direction of the 4th national intellectual property basic plan (2027~2031)
(2) IP examination service innovation plan for technology-leading growth
(3) Plan to strengthen the overall management and coordination of national intellectual property affairs
(4) Plan to strengthen the foundation for nurturing creative and inventive talents with future-oriented capabilities in the AI era.
In this meeting which was first held after MOIP was launched, a total of 4 agenda items including the policy direction of the 4th national intellectual property basic plan (2027~2031) were discussed.
Notably, the discussed policy direction of the national intellectual property basic plan included the vision, policy goals and strategic tasks, etc. of the new government as a guideline of the establishment of the relevant ministries and local governments to develop the national intellectual property basic plan as pan-governmental mid-to-long term comprehensive IP strategies.
The major content of the agenda deliberated and decided in the meeting are as follows:
(1) Policy direction of the 4th national intellectual property basic plan (2027~2031)
The government set a vision of “the Republic of Korea leaping with ideas and intellectual properties”. To achieve the vision, it selected 5 major implementation strategies of ① realizing startup and commercialization of ideas and creations, ② establishing fair and strong IP protection systems, ③ securing a super gap in leading technologies, ④ strengthening balanced regional growth and global cooperation, and ⑤ making a great transformation of AI in the IP field, and 20 key tasks thereof. The details of the key tasks by implementation strategy are as follows:
① (Implementation Strategy 1) Realizing startup and commercialization of ideas and creations
To taking a leap into the national startup era, idea- and IP-based startups are to be fostered and supported by securing their IP and strengthening their competitiveness.
Support for IP-backed loan financing is to be diversified so that companies can easily raise funds using IP alone, and the activation of IP transaction is to be promoted by strengthening IP brokerage agencies and enhancing the transaction infrastructures.
② (Implementation Strategy 2) Establishing fair and strong IP protection systems
The damage compensation system is to be improved to eradicate the theft of ideas and technologies of startups and small and medium companies, and the public-private cooperation system is to be strengthened to prevent overseas technology leakage.
Notably, the IPs are to be secured in the derivative products and related industries to continue to create added values for K-culture, and the public-private joint defense system is to be established against infringement of K-culture IP.
In addition, a government-wide damage relief support system is to be established to strengthen the crackdown on IP infringement and to promptly and accurately handle IP cases.
③ (Implementation Strategy 3) Securing a super gap in leading technologies
Capabilities to respond to the economic, scientific technological and security policies are to be advanced by integrated analysis of heterogeneous data, such as IP data and R&D, industry and trade data, etc.
IP strategies are to be utilized in the entire R&D cycle to secure a super gap in the edge-cutting and strategical technologies, and overseas patents for core technologies and standard patents in the ICT field are to be secured.
④ (Implementation Strategy 4) Strengthening balanced regional growth and global cooperation
Regional representative K-brands are to be fostered so as to grow based on regional specialties and local cultural heritage, etc., and comprehensive support is to be provided from the development of products to the commercialization thereof.
Regional IP support bases are to be established in 5 poles (megacities) and 3 special self-governing provinces, to provide local startups and small and medium companies with IP strategies and management and technical advice.
⑤ (Implementation Strategy 5) Making a great transformation of AI in the IP field
Data and IP issues relating to the AI great transformation, such as protection and utilization of AI learning data, and whether to recognize inventions using AI, etc., are to be reviewed and the related standards are to be redefined.
Creative talents with both of AI capability and IP expertise are to be cultivated, and the universities’ (graduate) patent educations and the companies’ IP professional educations are to be strengthened.
(2) IP examination service innovation plan for technology-leading growth
The government is to shorten the waiting period for examination to less than 10 months by 2029 and to this end, it is to gradually increase the number of examiners on a large scale, so that there will be no disruptions for export companies in securing overseas patents and for startups in attracting investment due to delays in patent examination.
In addition, a super-fast examination, in which a result of examination is available within in 1 month, is to be expanded, and the system is to be reorganized to make it possible to flexibly use a deferred examination which can delay the start of examination as desired.
The examination practice, which narrowed down the scope of right too much such that a patent right could be recognized as more valuable, is to be broken down, and the examination standards focusing on regulations are to be improved to be more client-friendly.
In addition, the ‘plan to strengthen the overall management and coordination of national intellectual property affairs’, which includes the transfer of the Council to the Prime Minister’s Office to enhance the Council’s policy implementation, etc., and the ‘plan to strengthen the foundation for nurturing creative and inventive talents with future-oriented capabilities in the AI era’ are to be deliberated and confirmed.
3. MOIP declared the innovation of the speed and quality of IP examination at President LEE Jaemyung administration’s first intellectual property commission.
- Super-fast examination (examined within 1 month) is expanded to be available for all startups in the cutting-edge technology field.
- The number of overseas applications is expanded up to 80%, for transition to an ‘era of surplus’ by earning money through royalites with Korean technologies.
MOIP is to significantly shorten the waiting period for patent examination from 15 months at present to 10 months or less by 2029 and to expand the super-fast examination track such that all startups in the cutting-edge technology field can get results of examination within 1 month. It is also to significantly improve the quality of patents to increase the proportion of overseas applications filed by Korean companies from the current level 50% to 80% or higher.
In the 39th meeting of the Presidential Council on Intellectual Property (PCIP) which was held under the chairmanship of Prime Minister KIM Minseok for the first time since the launch of the LEE Jaemyung administration, MOIP published the ‘IP examination service innovation plan’ to abolish the ‘invisible regulations’ of the IP examination administration which hinered Korean companies from obtaining high-quality patents.
This plan is the result of actively accepting the on-site voice that, although the Republic of Korea is the world’s fourth largest patent powerhouse in the number of applications, since it has not been able to fully meet a demand of the market where the examination speed and quality have rapidly changed, many innovative technologies did not lead to patents to be properly treated in the market.
Actively responding to this on-site demand, the government prepared this plan to open an era of “real growth” based on intellectual property that further enhances the intrinsic value of technology, by boldly shifting the Korean IP ecosystem so as to focus on qualitative growth.
<3 Implementation Strategies>
MOIP has specified 3 implementation strategies: ① innovating the speed of examination, ② improving the quality of patents, and ③ improving the patent system to be client-friendly, as the direction of the patent examination service based on the discussions in numerous meetings with innovative companies, research institutes, patent attorney industry, etc.
Strategy ① is to realize a practical examination speed desired by the market.
By 2029, the waiting period of patent examination is to be significantly shortened to 10 months or less and the final examination closing period (24 months at present) to 16 months or less, to protect the golden time for Korean companies’ overseas expansion and venture companies’ and startups’ business start. To this end, the number of patent examinations will be increased on a large scale, step by step, through consultation with the relevant ministries.
In addition, for companies which need to secure patents quickly, the ‘super-fast examination’ which has been centered on AI and bio-technology startups is to be expanded to all startups in the cutting-edge technology field. On the contrary, a request and change of the ‘deferred examination’ system, under which examination is requested after waiting until the market matures, is to be flexibly reorganized.
Strategy ② is to innovate the patent quality to enhance of the market value of a technology.
A guideline for filing an application by new technology field, such as AI, etc., is provided to the relevant industry, to increase the completeness from the stage of filing the application which is the start point of a patent.
To break the conservative examination practice which has excessively narrowed the scope of a patent right, patent examination standards are to be established and revised. In line with the convergence of technology, the panel examination by 3 examiners, which is an advanced European model with the world’s highest level of examination quality, is to be significantly expanded to significantly enhance the patent quality.
The examination quality management method is to be switched to a ‘preventive quality management’ system to check a result of examination in advance before notifying it to an applicant, so that companies can save time and costs by preventing unnecessary delays in patent examination procedures.
Strategy ③ is to establish the client-friendly patent system focusing on the field.
‘Active examination’ in which examiners and applicants communicate and design the optimal patent rights together is to be activated, and examination expertise is to be strengthened by improving examiners’ understanding of the latest technology in connection with companies, research institutes and universities, etc.
In addition, the laws and systems are to be improved to effectively protect the AI- or SW-related inventions according to the rapidly changing technology trends. The joining to the Patent Law Treaty (PLT) is also promoted at a rapid pace. Accordingly, the procedures of filing patent application will be simplified and the procedural remedies will be expanded, making it easier to secure and maintain patent rights.
MOIP is to carry forward this plan, without any setbacks, to increase the examination speed to the world’s highest level and achieve the world’s top 1st patent quality. Through these, the goal is to increase the proportion of overseas applications filed by Korean companies from 50% at present to 80% or higher, thereby turning the IP trade balance, which has suffered from chronic deficits, into a surplus.
The Minister of MOIP said, “The aim of this plan is that Korean people and companies can experience the change in both the speed and quality of examination. We will carry forward this plan with speed, so that the ‘seeds of growth’ of innovative technology can lead to valuable patents and become a key driving force to powerfully lead a great leap forward for our economy.”
4. MOIP made every effort to block the distribution of illegal goods before BTS’ performance.
- The distribution of illegal goods using K-pop idol trademark, without permission, were intensively controlled ahead the BTS’s world-watched concert in Gwanghwamun Square.
As foreign tourists were expected to surge ahead the comeback live performance of idol group BTS, which was held in Gwanghwamun Square, Seoul on March 21, 2026, MOIP intensively cracked down on the sale of illegal goods using K-pop idol trademarks, without permission.
From February to mid-March, the trademark special judicial police of MOIP (hereinafter, referred to as the ‘trademark police’) intensively cracked down five times in Seoul and Busan areas, which foreign tourists mainly would visit.
The products manufactured as the illegal goods were very various, such as stationery, key rings, T-shirts, photo cards, etc. These were found as using, without permission, the idol trademarks related to major entertainment agencies having large fandoms domestically and internationally, such as HYBE, JYP Entertainment, SM Entertainment, etc. (the names of agencies were in alphabetical order).
This measure was carried forward to enable overseas K-pop fans visiting the Republic of Korea, the birthplace of K-pop, to purchase authentic goods, so that they can encounter a culture of consuming genuine products, to prevent damage to brand value by unauthorized use of the trademarks owned by Korean entertainment companies, and to improve the image of Hallyu culture and tourism.
As K-pop has established as a representative Hallyu industry and the related artists’ names have been registered as trademark rights to be used for the goods industry, the relevant Hallyu industry has continued to grow. Nevertheless, since the cases of distributing illegal goods using the trademark, rights without permission, have continued, the trademark police has continued to conduct the crackdowns and guidance activities.
The director of the Intellectual Property Protection and International Cooperation Bureau of MOIP said, “in order for the Hallyu industry, such as K-pop and etc., which has been built with a lot of investment and effort to continue to develop, the protection of IP including trademark rights, the rights of publicity, etc., is the key. We will also continue our preemptive response to protect the IP for Hallyu industry development.”
5. MOIP for the first time arrested solely for a crime of imitating a new product shape and preserved the forfeiture of criminal profits thereof (7.8 billion Korea Won).
- For sale, there were 51 types of products copied from popular product designs, about 320,000 items (worth 12.3 billion Korea Won).
According to the technology and design special judicial police (hereinafter, referred to as the ‘technology police’) of MOIP and the patent crime investigation department of Daejeon District Prosecutors’ Office (Chief Prosecutor: KIM Dowan) on March 17, 2026, they indicted 3 people including the CEO “K” (38 years old, arrested) of the company “A”, who imported and sold the products imitating the product shape of others, on charges of violating the Unfair Competition Prevention and Trade Secret Protection Act. This is the first case of arresting solely for a crime of copying someone else’s new product (crime of imitation of product shape).
According to the technology police, “K” who had no relevant experience established an eyewear brand in 2019. With no separate in-house design staff, “K” directly photographed the popular products, such as the sunglasses of the company “B” with a famous domestic eyewear brand, etc., and sent them overseas material manufacturers. “K” has been accused of selling 51 types of the imitation products produced by this way, a total of about 321,000 items (worth 12.3 billion Korea Won at the sale price) from February 2023 to June 2025. “K” has been also accused of importing 44 types of imitation products, a total of about 413,000 items, from August 2023 to June 2025.
It is known that there are many products with unregistered designs due to the nature of the fashion industry. The 51 types of damaged products of company “B” were confirmed as unregistered designs. Considering the point that “K” copied the new products of company “B”, without any creative effort, and achieved explosive sales growth in a short period and the concern that it would have a negative impact on the entire industry, the technology police for the first time arrested and prosecuted him for the unregistered design imitation crime.
In addition, the technology police filed for preservation order for forfeiture, 5.56 billion Korea Won in July 2025 and 2.26 billion Korea Won in September to freeze the assets of company “A” until the final judgement was made to prevent the disposal of criminal profits. Daejeon District Court made a decision on preservation for collection of a total of 7.8 billion Korea Won. The technology police and the Prosecutors’ Office cooperated to secure about 150,000 counterfeit products kept by “K” in the form of voluntary submission, to block the possibility of further distribution.
< A design creator’s efforts and resulting ideas are protected without blind spots.>
As to a new product made within 3 years even if it has an unregistered design, MOIP amended the law in 2017 to enable criminal penalties in the event that an unfair competition act of imitating it and selling it occurs. Through this, MOIP makes every policy effort to establish a fair market order where creators’ efforts and ideas can be fairly protected.
The Minister of MOIP said, “since this is the first case of criminally punishing acts of imitating a new product shape having no design right and selling the imitation product and detaining the suspect, it is significant in that it has eliminated blind spots in protection of design rights. MOIP will create an environment where creation and innovation are to be duly protected and will deal with crimes of free-riding on design infringement or new product shape imitation, with a zero-tolerance policy.”
|
|
|
|
|
Prev |
|
Korean IP News No. 143 in Chines
|
|
|
Next |
|
Korean Industrial Insight No. 23 of AI, Semiconductors, Batteries, Electric vehicles, Robot, and Bio
|
|
| |
|
|
|
|
|
|
| |
|
|
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
