Source: KIPO
Date: 2011.12.05.
The Korean Intellectual Property Laws were amended on December 2, 2011 as a result of the conclusion of the Korea-America Free Trade Agreement (FTA) between Korea and USA and they will be enforced as of the enforcement date of the Agreement in Korea. The summary of the amendments is as follows:
1. Patent Act & Utility Model Act
- Extension of Term for Application of Exceptions to Lack of Novelty
The six (6) months term for application of exceptions to lack of novelty is extended to twelve (12) months.
- Abolishment of Patent Cancellation System
A patent cancellation based on non-work of a patented invention is abolished.
- Introduction of Extension of Patent Rights
When a patent registration was delayed due to a reason for which the applicant was not responsible, its right may be extended as long as the delayed term.
- Introduction of Secrecy Maintenance Order System
When trade secrets are included in a brief submitted by any party in a suit involving a patent infringement and when there is a concern of giving an obstacle to the business of the trade secret owner in case such trade secrets were publicly known to public, the court may order a person who become to know such trade secrets not to use them not for the purpose of pursuing the suit.
2. Design Protection Act
- Introduction of Secrecy Maintenance Order System
When trade secrets are included in the brief submitted by any party in a suit involving a patent infringement and when there is a concern of giving an obstacle to the business of the trade secret owner in case such trade secrets were publicly known, the court may order a person who become to know such trade secrets not to use them not for the purpose of pursuing the suit.
3. Trademark Act
- Adoption of a Sound mark and a Smell mark
Even if a mark is a non-visual mark like a sound or a smell, when it is expressed with a sign, a character, a figure or another method to be visually recognizable, it may be registered as a trademark.
- Adoption of a Certification Mark
A certification mark which certifies a characteristic of quality, origin, production method and etc. of goods or services may be registered.
- Abolishment of several mutatis mutandis Articles
The articles of Patent Act which were applied mutatis mutandis to the Trademark Act were abolished and directly provided in the Trademark Act.
- Abolishment of Obligation for Registration of Exclusive License
An exclusive license is effective even if it is not recorded with the Korean Intellectual Property Office. However, if not, it is not effective against a third party.
- Adoption of Provisional Damage Compensation System
When it is difficult to prove the damage or to presume the amount of damage, a trademark owner may demand a considerable amount not exceeding 50 Million Korean Won (Approximately US$45,500.00) as damage compensation.
- Introduction of Secrecy Maintenance Order System
When trade secrets are included in the brief submitted by any party in a suit involving a patent infringement and when there is a concern of giving an obstacle to the business of the trade secret owner in case such trade secrets were publicly known to public, the court may order a person who become to know such trade secrets not to use them not for the purpose of pursuing the suit.
4. Unfair Competition and Trade Secret Protection Act
- Introduction of Secrecy Maintenance Order System
When trade secrets are included in the brief submitted by any party in a suit involving a patent infringement and when there is a concern of giving an obstacle to the business of the trade secret owner in case such trade secrets were publicly known to public, the court may order a person who become to know such trade secrets not to use them not for the purpose of pursuing the suit.
DATE :
13-05-18
