¡¡

HOME > Resources > Newsletters

¡¡

Title

A ¡°remote-consultation system regarding the filing of a patent application¡± is established for the first time in the world (159)

Author¡¡

KH

Post Date¡¡

2009-01-02

Read

10940

Attach File

-
1. A ¡°remote-consultation system regarding the filing of a patent application¡± is established for the first time in the world

- The system has the effects as if a specialist directly helps a person in filing a patent application at home

On December 22, 2008, the Korean Intellectual Property Office (KIPO; Commissioner: Jung-sik KOH) announced that the ¡°remote-consultation system regarding the filing of a patent application¡± (hereinafter, referred to as ¡°remote-consultation system¡±) for an individual applicant being disadvantaged socially and economically would be for the first time introduced in the world, to be in operation from January, 2009.

Under the remote-consultation system, a call center specialist in a remote place shares information regarding errors occurring when an applicant files an application on-line and helps the applicant to correctly fill out the form for filing the application. When an applicant requests on-line a consultation regarding an error detected by an error detect function of the electronic filing system, a consultation number is given. The applicant phones the call center, using the consultation number. Then, a call center specialist reads through a call center monitor the same error-related information as that shown to the applicant and has a consultation with the applicant regarding how to prepare the form.

Based on the KIPO¡¯s data, the rate of electronically filing the applications for patent, trademark and the others in 2007 is 93.1%. Of this rate, 12.9% is electronically filed by the applicants (including individuals), without any help from experts such as patent attorneys.

Specifically, most of the applicants who directly file their applications are of the economically weak class, such as individuals, students, small companies, and the like. When these applicants directly file their applications, the filing error rate reaches 13.82%, which is 3.7 times the filing error rate which is 3.76% when specialized agents file applications on behalf of their applicants. Therefore, the necessity to take measures to help the applicants who directly file their applications had been raised.


2. Portals are responsible for aiding and abetting the infringement of copyrights

On December 23, 2008, Seoul Central District Public Prosecutor¡¯s Office, Criminal Division VI (Superintendent Public Prosecutor: Cheol-gyu HWANG) brought in summary indictments against two companies, i.e., NHN and a subsidiary company of Daum Communication, with a fine of 30,000,000 Korea Won to each company, on suspicion of aiding and abetting the infringement of copyrights.

Although heavy up-loaders of illegal writings have been punished, this is the first case where portal sites providing spaces are brought to account for their responsibilities for aiding and abetting the infringement of copyrights.

The prosecution further brought in summary indictments against NHN and Daum Communication Corporation, with a fine of 30,000,000 Korea Won to each company, on suspicion of illegally using a number of children¡¯s songs as the background music and the like in the children programs provided by Naver and Daum sites.

According to the prosecution, the NHN service and the Daum service knew that illegal sound sources were distributed in blogs or cafes. Furthermore, even though there have been developed the commercialized technologies for preventing the illegal sound sources from being distributed, the two service companies did not introduce the technologies. Therefore, these companies are suspected of aiding and abetting the infringement of copyrights.

The copyright commission and management agency indicated the illegal sound sources and requested these companies to delete the indicated illegal sound sources. However, these companies are suspected of not deleting the illegal sound sources and for continuously allowing the illegal sound sources from being distributed.


3. KIPO expands the on-line patent information service

KIPO expansively provides diverse patent information to manage and maintain patent rights, such as information of patent fee payment, information of patent period expiration and others, through the website, www.kiporo.go.kr.

KIPO has provided the basic information and history information regarding applications, registrations and trials through the web service. However, in order to manage and maintain patent rights and to check the due date information regarding fee payment, annuity payment and the like, it was the inconveniences in that people had to contact a call center counselor or access the kiporo website.

As the service is expanded, since individuals, companies, agents and the like can easily and conveniently collect and manage not only the information regarding patent procedures but also the information regarding various fee payments, registration and annual maintenance fees to maintain a patent right for its patent period and the relevant payment due dates, it is expected that it will be easier to manage and maintain patent rights. To use the patent information web service, anyone may request the service in the ¡®customer support service¡¯ in the website, www.kiporo.go.kr, which KIPO operates for the electronic filing service and others. Since guidance on how to use the web service and the relevant examples are provided in the ¡®customer support service¡¯, everyone can easily use the web service.


4. Samsung Electronics will appeal against the decision that they shall pay a compensation of 9,600,000,000 Korea Won for infringing a Chinese patent right

A Chinese communication company brought a suit on the ground that Samsung Electronics infringed their mobile phone-related patent right. At the first trial, it was decided that Samsung should pay the compensation of 9,600,000,000 Korea Won. Samsung Electronics decided to appeal against this decision.

According to the report dated December 23, 2008 from a spokesperson of the relevant industries, the Intermediate Court (located in Hangzhou-city, Zhejiang-province, China) reached the decision that Samsung Electronics infringed the patent right of a dual mode phone of Holley Communication and Samsung Electronics should pay a compensation of 50,000,000 Yuan (about 9,600,000,000 Korea Won), in the trial held on December 20, 2008. In April, 2007, Holley Communication argued that the mobile phone of Samsung Electronics infringed their own patent technology for simultaneously driving a mobile phone in the CDMA mode and GSM mode. The amount of the compensation is known as the highest level in the history of the Chinese mobile phone industries. Holley Communication hinted that they might possibly discuss with Samsung Electronics in the future, to take a compensation for additional damages.

However, Samsung Electronics refuted that the Holley Communication patent technology which has been allegedly infringed was not applied to the mobile phones produced by Samsung Electronics.

¡°In the expert opinions regarding the communication technology, it is clearly stated that the technology involved with this suit is never applied to the products of Samsung Electronics. Therefore, we will immediately file an appeal, to correct the decision of the first trial,¡± said a spokesperson of Samsung Electronics.

¡¡

Prev¡¡

The number of Madrid international trademark applications filed by the Republic of Korea decreased while that filed by the competing countries increased (160)

Next¡¡

Korean Intellectual Property Office (KIPO) held a ¡®2008 Patent Distribution Festival¡¯ (158)
¡¡ ¡¡ ¡¡ ¡¡ ¡¡ ¡¡ ¡¡
¡¡ ¡¡ ¡¡ ¡¡ ¡¡ ¡¡

¡¡

¡¡ ¡¡ ¡¡ ¡¡ ¡¡ ¡¡ ¡¡
¡¡
¡¡