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Title

Know-how to use Chinese IPR stands out! (News Letter No. 320)

Author¡¡

KH

Post Date¡¡

2015-09-17

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1. Know-how to use Chinese IPR stands out!

- KIPO published a ¡®guide to use and protect Chinese IPR¡¯.

The Korean Intellectual Property Office (KIPO) published the ¡®guide to use and protect Chinese Intellectual Property Rights (IPR) for Korean companies to advance to China¡¯. This guide includes methods for using and protecting the IPR that the Korean companies must know to advance to China.

Recently, China has promoted to improve its own IPR environments by establishing a court specializing in IPR and revising the relevant laws to meet with the global IPR protection level. However, the IPR damages of Korean companies within China by counterfeits, etc. are still serious.

Further, since Korea-China FTA was settled, the trade between the two countries have become more active. However, Korean companies advancing to China are in fact easily exposed to the IPR infringements in China since their practice of ¡®securing IPR after first advancing¡¯.

In this situation, KIPO published the guide by collecting information that will be of help in increasing the understanding of the Chinese IPR system and establishing the anticipative and positive IPR management strategies within China.

This guide introduces the IPR-related matters that Korean companies should know before advancing to China, the usefulness of the Chinese utility model system to register a utility model without examination, and the countermeasures to IPR infringements.


2. KIPI held an international patent information expo from September 3 and 4, 2015

The Korea Institute of Patent Information (KIPI) held an ¡®international patent information expo (PATINEX) 2015¡¯ regarding the ¡®IP knowledge beyond borders¡¯ for two days starting September 3, 2015 in Imperial Palace Seoul Hotel.

Starting a keynote by the Vice President of Korea Licensing Executives Society (LES), the PATINEX 2015 was attended by Mr. Nigel Hsu, Patent Operation Lead Google, Mr. Steve Joroff, Director Asia Pacific IP Licensing, IBM, among others, to introduce patent information strategies.

During the event period, patent attorneys belonging to the Korea Patent Attorney Association attended a ¡®patent pro bono program, to provide free broad IPR consultation services from the filing of IPR applications, such as patent, trademark, design applications, to the procedures of settling disputes.

Further, booths were prepared to view and experience the diverse solutions of the service companies specializing in IP use, such as WIPS, Wisdomain, LexisNexis, etc.


3. The trend in 3D printing-related patent applications

As 3D printing has been raised a next-generation core business, global patent activities, such as the filing and registering of applications for the relevant detailed technologies, have been continuous. However, Korean patent activities are regarded as being relatively slow.

According to KIPO and the Korea Intellectual Property Strategy Institute (KIPS327I), among the whole world countries, the US has filed the most patent applications related to the 3D printing laser processing technology.

The Patent Cooperation Treaty (PCT) and Europe showed a similar increase tendency to the total application tendency. However, the Republic of Korea has seen a relatively low increase. Recently, the number of the 3D-related patent applications filed by the Republic of Korea has rather decreased, making a further gap with the advanced countries.

The number of the relevant US patent applications filed by foreign countries during 2009~2012 increased, compared with that during 2005~2008. This is a proof that the barrier to entry has been higher so much, according to KIPSI¡¯s analysis.

The major applicant in the top five (5) detailed technologies is 3D Systems which is a US company specializing in 3D printers. This applicant filed 18 applications in the 3D printing process location control component technology and 71 applications in the 3D printing laser control component technology, securing the most patents (applications) in the two detailed technology fields.


4. It is shown that Tesla patents are focused on a ¡®battery¡¯-related technology

According to the report, ¡®Tesla, is it a bubble? 2015 Edition¡¯, recently published by the IPnomics, 135 patents, among 203 patents which Tesla were registered for seven years, from 2008 to 2014, were for battery-related technology. Specifically, 50 patents were for overheating prevention, 33 for charge, and 28 for battery packs. The number of patents for general vehicles and motor control were only 33 and 20, respectively.

The ¡®Self-Citation¡¯ indicating the R&D investment which Tesla is focused on is also mostly related to overheating prevention, battery packs and charge with 18 cases, 17 cases and 10 cases, respectively. Overheating prevention and charge were intensively cited last year.

Overheating prevention is an essential field to secure the battery stability. Therefore, the registered Tesla patents are evaluated as building the leading-edge portfolio in both of quantity and quality. Because of this, Tesla was capable of manufacturing medium and large sized sedan class electric vehicle ¡®Model S¡¯.

However, the ¡®Self-Citation¡¯, such as general vehicles, user interfaces, design, etc., were 9 cases, 3 cases and 1 cases, respectively, less than the number of the cases related to batteries.

Tesla patents cited by the relevant companies were also concentrated on the battery field. Among 61 patents cited for three years, from 2012 to 2014, the most patents, 13, were for overheating prevention. Following that, 8 for battery packs, 5 for charge, 5 for general batteries and 1 for a power inverter were cited.
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Documents to be submitted for a design registration are simplified. (News Letter No. 321)

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The Collaborative Search Program (CSP) starts from September 1, 2015 (News Letter No. 319)
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