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Newsletter/March 31, 2000 No. 62

The registered trademark "Linux" became nullified.

The Trial Court in KIPO has decided that trademark "Linux" could not become an exclusive object of a specified person or the trademark right of a specified company.
Recently 26 domestic bookstores and companies including GILBUT publisher instituted an invalidation trial against the owner of the trademark "Linux".
Regarding this, the judge decided that the trademark registration of "Linux" owned by Mr.Kweon is invalid, as "Linux" is the name of program opened to the public and this program was developed as many users spread over the world, thus the ownership of this particular name cannot be permitted.
The judge also decided that the accept of exclusive rights of the name meant taking responsibility for maintaining the quality of the name.

Stock prices of enterprises which obtained patents relating to mechanical engineering and biotechnology have increased.

Last year the enterprises listed in the stock market received lots of patents, especially genetic engineering patents and mechanical equipment patents.
Accordingly, these such enterprises' stock prices soared.
According to the Korean Stock Exchange, there were 164 public announcements for obtaining patents.
The number of listed corporations increased 28% more than last year and the total amount of investment reached 216 million US dollars.
This is an increase of 46% more than last year.
In the genetic engineering patents the listed corporations obtained 109 cases, 66.5% of the whole number and they invested 185 million US Dollars, 85.6% of the above total investment.
Such enterprises showed a stock price average increase of 4.2% in comparison to an 22.7% decrease of the average stock price variation last year.
At this interrelated connection of the stock price change seemed to be a good point to induce people to invest in those stocks.
Another trend to increase the purchase of stocks is to establish relations with electronic commerce companies.

BM patent can be obtained within 15 months.

The examination period required for patent registration of electronic commercial transaction including information technologies or business models(BM) related to the internet will be shortened remarkably.
Also,‘the examination standard of inventions relating to electronic commercial transactions’is prepared first all over the world so that it is expected to promote the development of internet technology and the invention of business models.
KIPO(www.kipo.go.kr) announced that they are planning to amend an enforcement ordinance in the first half year and so that they tried to let the applicant to know the patentiblity of BM patent application within 2 months, and let them obtain patent right within 15 months.
According to this, it is possible to effectively protect technology or business model(BM) relating to internet by shortening period of technologically change and the related technology will be developed rapidly, and electronic commercial transaction will be activated.
Up to now, it took 2 years for electronic commercial transaction patents to be registered.
Technological development of domestic electronic commercial transaction is expected to be promoted as the KIPO includes amended enforcement ordinance to object of prior examination.
First of all, an applicant can apply an examination priority with early opening of application, if it can contribute to the activation of electronic commercial transaction.
An examiner determines whether object of the application can be adopted as an examination priority or not, t
 
 
 
 
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