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Newsletter/December 25, 1998 No. 47
The WTO Ruling Favors Korea In Chip Dispute with the U.S. The World Trade Organization(WTO) handed down a ruling in favor of Korea in a trade dispute with the United States over Korean-made DRAM (dynamic random access memory) chips. Foreign Affairs and Trade Ministry sources said that the WTO dispute settlement panel ruled a clause in the U.S. antidumping regulation violates WTO rules. The regulation at stake is provision 353 of the U.S. Code of Federal Regulations which makes it possible to maintain dumping charges in cases of "possible future" dumping. In a key condition to lift dumping duties, the regulation reads, "it is not likely that those persons will in the future sell the merchandise at less than foreign market value." Based on the regulation, the U.S. Department of Commerce has refused to lift the U.S. dumping duties on DRAM chips exported by Korean companies. In a countermeasure against the U.S. "unfair" dumping charges on Korean -made chips, the Korean government filed a complaint with the WTO last year. They forecast that the WTO ruling will help improve the nation's trade environment in the U.S. market, where Washington is poised to slap antidumping duties on steel imports from Korea.
The Frequency of Final Appeals against Trial Decisions of the Patent Court has Drastically Decreased.
The rate of appeals to the Supreme Court which were decided by the Patent Court, established in March, 1998 corresponded to only about half that of the High Court of Justice. This means that the degree of satisfaction for decisions by the patent court has increased relatively. The patent court started the real trial as the technical court which took complete charge of trial based on the fact in the technology fields from last June. The rate of appeals to the Supreme Court against decisions of the patent court has been reduced considerably, compared with that of the Complaint Court in the KIPO. This is why trials in the patent court have not been carried out through documentary trials but through verbal trials, preparatory proceedings and pleadings were permitted during the trial. Accordingly, parties to a suit could come to assert adequately their own opinions and refute the other party's opinion in the patent court, so that the dissatisfaction against the decision of the patent court could be considerably reduced and the confidence in the decisions of the patent court were promoted.
The KIPO Intends to Offer the National Patent Right Free.
Various kinds of national patent rights which have been developed by public officials in national research institutions, such as, national research institutes and national universities will be offered to the general public free for one year. The KIPO has determined to grant the general public a nonexclusive license of the national patent right for one year free, to the effect that the KIPO will contribute for the development of the knowledge key industries and stimulate the private economy by efficiently using all the dormant national patent rights. The KIPO exhibited the index of national patent rights and contents of the technology in the Convention Exhibition Center (COEX) and held a public explanation meeting for investment of the national patent rights. The related index was added to the homepage of the KIPO http://www.kipo.go.kr.
The Rainbow Team To be Inaugurated in the KIPO
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