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The dispute of a trademark right between Intel and Dcinside becomes a point at issue (176)

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KH

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2009-09-18

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1. The dispute of a trademark right between Intel and Dcinside becomes a point at issue

Dcinside, a community portal, announced that Intel, a US company, submitted a demand for trial to the Korean Intellectual Property Office (KIPO: Commissioner: Jung-sik KOH), requesting the cancellation of Dcinside’s trademark right. “Intel makes an issue of the fact that Dcinside sells PC-releated products, regardless of using the brand strategy (‘Inside’)” a spokesman of Dcinside said.

However, according to the spokesman, Intel modified its marketing strategy using the new slogan ‘Intel Leap Ahead’ from 2006, by discarding the slogan ‘Intel Inside’. Although Intel submitted an opposition to a trademark registration based on the use of the mark causing confusion of brand image, the opposition was dismissed. “Nevertheless, now Intel again requests to cancel the trademark of Dcinisde after five (5) years passed. We don’t know why Intel bothers the medium and small company by such an action,” the spokesman commented.

The spokesman added, “for last ten (10) years, Dcinside had produced and sold a variety of products, such as electronic pens, camera bags, tripods, t-shirts and others. The site which is operated in the name of Dcinside is itself a product. By the way, [Intel] requests to cancel the trademark, asserting that there is no use right of a part of products/goods registered with the trademark. Such a request is nonsensical.”

When Dcinside filed an application for the relevant trademark with KIPO in March 2002, Intel raised the opposition requesting to stop using the trademark ‘Inside’, asserting that it was an exclusive trademark of Intel only. However, the opposition was dismissed.


2. Samsung takes the global patent offensive for an LED TV

Samsung Electronics takes the extensive patent offensive in connection with the LED TV.

A high-ranking spokesman of the image display business department of Samsung Electronics commented, “LED TV is a product that Samsung leads in the world market. We will find out whether patent infringement exists by thoroughly analyzing the competitor’s products.” Further, the spokesman added, “first of all, Chinese and Taiwanese companies dependent on price rather than technology will be subject to our analysis. Of course, our analysis will be expanded to all of the relevant companies.” This is considered as the strategy for Samsung in taking the initiative to keep the first place in the LED TV market and to basically to prevent the competitors from entering the market.

When Samsung holding more than 90% in the world market of LED TV starts the patent exercise, a considerable post-storm seems to be unavoidable in the whole market. Samsung already started the market survey by fully operating its inner patent team and decided to control the patent infringement level as soon as the competitors’ products are released. Samsung did not publish an accurate patent scale. However, according to KIPO, Samsung filed 1238 Korean patent applications related to LED since 2003. This number is more that two times the 699 applications filed by LG Display, holding second place in the ranking.

They said that the subject of the patent right places a great deal of weight on the ‘edge’ technology, in light of the fact that Samsung has the entire line-up for the edge-type LED TV. The edge technology is to arrange a LED backlight at the TV edge and to shoot a light thereon. Unfortunately, the main TV manufacturing companies announced that the edge-type LED TVs would be released from the next month.

Vizio, a TV manufacturing company in Taiwan, plans to show a 50 inch or more LED TV under $2,000.00 in the US market in September. LG Electronics also announced that they would release the 42 inch and 47 inch edge-type TVs. Most of the TV brand companies (including Sony, Philips and the Chinese company, Changhong) are preparing to release the edge-type LED TVs which are relatively inexpensive in respect to the manufacturing cost.


3. The number of patent applications related to the ‘Biomarker’ is rapidly increasing

The number of patent applications related to the ‘Biomarker’ technology has greatly increased. The biomarker technology is a tailored medical technology using genetic information.

According to KIPO, the number of the biomarker-related patent applications has rapidly increased from 15 in 2000 to 190 in 2008.

Classified by nationality, the percentage of the number of the applications filed by the Korean applicants is 46% and that of the applications filed by the foreign applicants is 54%. Specially, considering that the percentage of the number of the applications filed by the US applicants is similar to that by the Korean applicants, the US takes the lead in this field.

Classified by technologies, the number of the applications related to the protein-based biomarker and the nucleic acids-based biomarker has been rapidly increasing since 2006. The most applications were filed for the cancer-related biomarker after 2000. However, since 2008, the number of the applications related to the infectious disease based biomarker and to the cardiovascular disease based biomarker has been considerably increased. In addition to the disease-related biomarkers, recently biomarkers are used in many fields to check whether to be exposed to many medicines and to identity the Korean beef meat.

“Since molecular diagnosis using biomarkers enables personalized medical treatment, it is expected to provide a preventive measure and a curative means regarding incurable diseases which are impossible by current medical supplies,” said a spokesman of KIPO.
 

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