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Newsletter/ March 31, 2001 No. 74

Using trademarks under application can be protected.

Trademark applications filed from July 1, basically can be protected after publication to claim damage compensation if the trademark is used by other people after the publication of application. Even before the publication, applicant can warn of the infringement with its filing copy and to claim damages compensation. However, in order to prevent an abuse of claim damages, it is not possible to execute claim suit for damages until the trademark registration is completed. Until now there were no proper protection for the applicant, if opposition is accused or examination is delayed. By this system, it can be regulated to use trademarks of the other people without sanction before registration. Further, it is expected not to imitate trademarks similar to those of other trademark under application but to create particular brands.

The creation of a part design of article can also be protected as a design patent.

KIPO will allow an aesthetic creation related to a part design of the articles to be able to be protected as a design patent from July 1, 2001. In the existing design law, the originality of a part design of the articles could not be protected. Partial design of the articles can be protected in accordance with the revision of the design law. In the existing design law, only if the design goods is similar to registered design patent on the whole, it constitutes an infringement of the design right. Therefore, if any design goods are not similar to the registered design patent as a whole, it is regarded not to infringe a design right in spite of using a part of registered design. However, from July 1st the partial design patent system is enforced, a design patent registered as this partial design patent will constitute an infringement of design goods adopted partial design illegally. Then, it is expected that illegal copy of partial design patents will be decreased and creative activity concerning partial design patents becomes activated.

Remarkable development of patent trial decision

Patent Trial Tribunal has made an efforts to do full justice of fair and rapid decision in the trials so that remarkable results were obtained in both quantity and quality. Patent Trial Tribunal established the professional field of trademark, design, machinery, electricity, chemistry, etc. and secured many excellent judges with increased number from 26 to 39. Also, it improved a composing system of documentation for the decision and gave priority to the trial cases related to the industrial property right to cooperate with the Patent Court and the prosecution. The average period of trial proceeding was 14 months before opening of Patent Trial Tribunal, but shortened to 7 months and half in the end of 2000 year. This realizes the most rapid decision of trial in the world compared to Japan(average 20 months), U.S.A.(average 26 months), EU(average 20 months). The reverse rate of the Patent Court against decisions of the Patent Trial Tribunal is 23.8%. This represents a lower rate compared with the reverse rate of the Supreme Court before the opening of Patent Trial Tribunal(30.7% in 1997 year). Therefore, the decision of the Patent Trial Tribunal is much reliable not only in Korea but also overseas.

Invalidation of foreign patent registrations because of the different standards in each country.

The standards of judgement such as a technological level at the time of filing applications are different in each country. Therefore, foreign patents m
 
 
 
 
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