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Newsletter/ October 31, 2001 No. 81
Technology which has already been known to market can't be protected within the scope of right even if it is advanced.With respect to the disputes of industrial property rights among electronic home appliances companies, the court successively decided that technology which has already been known to market can't be legally protected within the scope of right even if it is advanced. It is expected that this decision tendency controls a management form of companies which have instituted excessively suits for the intellectual property rights of patent, utility model and so on. Seoul district court rejected a provisional disposition suit which 'Dong-Yang Magic' instituted against 'HanPe commercial company' and 'Paseco' for protecting the utility model right of dishwasher machines. Seoul district court said that the utility model of Dong-Yang Magic related to the connection construction of the water sprinkling driving unit for dishwasher machines can't be protected because it has already been described on patent gazette laid-opened in Germany, etc..
It becomes possible to register semiconductor planning rights with only drawings.From the end of this year, semiconductor manufacturers can register the planning rights of the integrated circuit of semiconductor with only plans without producing chips so that it will be possible to employ the semiconductor planning rights rapidly and inexpensively. KIPO published a revised plan of "enforcement regulations of a law related to the arrangement design of semiconductor integrated circuit", which admit the planning rights with only the submission of drawings in registering the planning right of the integrated circuit of semiconductor. Until now, chips produced based on planning drawings or photos therof had to be submitted to confirm whether it infringed a right of any semiconductor or not. In this case, the production of chip are very expensive and a protection procedure for design rights were very complicated. However, in a revised law, intellectual properties related to semiconductor plan of semiconductor laboratories and individual also can be protected easily by submitting only planning drawings stored in CDs.
A dispute about patents of the kitchen TV phonesRecently, the patent troubles of the kitchen TV phones which is popular among homemakers are spreading to a dispute in the court. Dong Young Media submitted a provisional disposition application for the sales prohibition against Kostel to Sung-Nam district court because Kostel infringed their patent rights of the kitchen TV phones. This is under examination. Dong Young Media insisted that among their patent contents of 'circuit and device of the AV system for kitchen', Kostel appropriated a specific part of the device which admits liquid crystal monitor to be detachable and rotatable within the scope of 180°so as to watch the monitor from any direction. Kostel was firmly opposed to the insistence of Dong Young Media and said that it is difficult to admit the patent of Dong Young Media as a technology of a new concept because the patent of Dong Young Media has consisted of the combination of simple devices and already been well-known before the filing date of patent application as well. It is expected that the market for kitchen TV phones will grow rapidly within upcoming years. Therefore, the dispute between Dong Young Media and Kostel will likely become more intense.
The rapid increase of the patent applications of anti-obesity agentPatent applications of medicine for treati |
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