1. KIPO published the results of counterfeit crackdown in 2021
- 557 trademark infringement offenders were arrested for criminal charges and about 80,000 counterfeit products were confiscated.
On February 15, 2022, the Korean Intellectual Property Office (KIPO) announced that they actively responded to the trademark infringement and the distribution of counterfeits in 2021, arresting 557 trademark infringement offenders on criminal charges and confiscating about 80,000 counterfeit products (corresponding to about 41.5 billion Korea Won at the genuine item price).
The number of arrest cases for criminal charges in 2021 decreased by 9.7% compared to 2020 (from 617 in 2020 to 557 in 2021) and the number of the confiscated products decreased by 89.2% (from 720,471 in 2020 to 78,061 in 2021; whereas, the genuine item price amount increased by 160.1% (from 15.96 billion Korea Won to 41.51 billion Korea Won).
Upon reviewing the counterfeit products confiscated in 2021 based on the genuine item prices by brands, Channel was 6.4 billion Korea Won, Louis Vuitton 4.3 billion Korea Won, Cartier 4.1 billion Korea Won and Audemars Piguet 3.6 billion Korea Won.
Upon classifying the products confiscated in 2021 based on genuine item prices by items, clocks (watches, etc.) were 20.6 billion Korea Won, jewelry (rings, necklaces, earrings, bracelets, etc.) 6.3 billion Korea Won, bags (handbags, pouches, wallets, etc.) 5.5 billion Korea Won, clothing (tops and bottoms, gloves, socks, hats, etc.) 4.7 billion Korea Won, and the others (shoes, glasses, electronic devices, cosmetics, toys, etc.) 4.5 billion Korea Won.
The counterfeit products as confiscated in 2021 were most of overseas luxury brand-name products which have become an issue since a famous YouTuber wore fakes but there were included the counterfeits of low-cost household items which were highly demanded by consumers.
Also, as the population enjoyment of coffee and golf has increased due to the growth of coffee drink market and the expansion of TV golf variety show programs, distributors of the relevant counterfeit products (tumblers, mug cups, golf balls, etc.) were arrested.
2. Official fees are reduced to lessen the financial burden for an individual, a small/medium company
- Since February 18, 2022, KIPO has enforced the amended regulations for the collection of patent fees, etc., including permanent reduction of official fees in the event of a disaster.
On February 18, 2022, KIPO announced that they reorganized the official fee system to relieve the financial burden in obtaining a patent right of individuals and small and medium companies suffering from the national disaster of COVID-19.
According to the amended regulations for the collection of patent fees, etc. enforced from February 18, 2022, based on the fundamental law on disaster and safety, an individual residing in the area declared a disaster or special disaster area or a company having a main office in such area is able to get an additional reduction of 30% regarding the remaining fees after the current reduction is applied.
For the fair operation of the reduction official fee reduction system, the amended regulations include a disciplinary action to collect the amount which is 2 times of the reduced office fees from anyone who gets the official fee reduction by false or fraudulent means.
An incentive such as an additional reduction of the fees for maintaining an intellectual property right is also expanded for small and medium companies and startup (venture) companies which are active in innovation activities.
3. KIPO held an online presentation of 2022 trademark and design system trends
- The presentation was provided with an explanation of the partial rejection system of a trademark and the expansion of protection of a digital computer-generated graphic design, etc.
To raise the clients’ awareness of the relevant trademark and design application systems, KIPO held an online presentation of 2022 trademark and design system trends on February 10, 2022 through YouTube.
This presentation introduced ▲ the amended Korean Trademark Act, parts of which have been enforced since the second half of 2021 and parts of which will be enforced at a later time, ▲ the amendment of the notice of classification of goods, ▲ the major content of the Korean Design Protection Act, etc.
In the trademark field, the presentation provided an explanation on the extension of time for requesting an appeal against a final rejection which will be enforced in April 2022, and the system under which an examiner is able to ex officio conduct a reexamination when a clear reason for rejection is found after a decision to register a trademark is made.
The presentation also introduced the partial rejection system by designated goods, which will be enforced from February 2023, and the system under which an applicant is able to request an examiner to do a re-examination in the event a reason for rejection is solved by simply amending goods, etc. even after a final rejection of a trademark is decided.
In addition, the future amendment matters were explained such as, a ‘standard character application’ system, an expansion of a subject(s) for return of registration fees, and an admittance of a division of an international trademark application, etc.
In the design field, the amended regulations of estimation of damages (June 2021) were introduced. Under the amended regulations, when calculating compensation for damage caused by the infringement of a design, even in the case where the quantity exceeding production capacity of a design right holder was sold, it is calculated as the amount of compensation for damage.
The presentation also provided guidance to the amendment (October 2021), wherein the subject for protection has been expanded to a computer-generated graphic design which is created in the digital environments and a partial design system with respect to the set of articles having an overall unity (spoon set, dish set, etc.) has been introduced.
4. The era of an extended virtual world (metaverse) which is more realistic than the reality has opened!
- The number of the immersive content technology-related patent applications filed in the major countries for the last 10 years increased by an annual average of 19%.
As the number of cases using metaverse services to manufacture the immersive content, such as music video, movie and advertisement shooting, performance and exhibition, etc., in a virtual space which has a more excellent sense of reality than the reality or to proceed with a contactless new employee education, etc., by using a virtual space which is similar to an actual company space, the relevant technology has been getting attention.
Specifically, with respect to the immersive content technology using the virtual augmented reality content in a metaverse service, the research and development of thereof and the number of the relevant patent applications have increased around US, China and South Korea.
According to KIPO, the number of the immersive content technology-related patent applications (2000~2020) reached a total of 31,567 in the IP5 and sharply grew by an annual average 19% since 2010.
The total of the relevant Korean patent applications (2000~2020) was 4,524, showing an increase of an annual average 5% since 2010.
In view of the percentage of the relevant applications by the nationalities of the applicants of the IP5, 43.7% (13,786 applications) was for US, followed by 19.7% (6,215) for China, 14.6% (4,620) for South Korea. Japan with 8.4% (2,647) and Europe with 8.5% (2,697) were a little over half the number of South Korea.
Upon reviewing the applicants of the IP5 by nationality, companies filed the most of the applications throughout the IP5. However, in South Korea, individuals and institutes accounted for 13.9% and 8.4%, respectively, which were relatively higher than in the other countries.
The total of the relevant applications filed with the IP5 was viewed by detailed technology: content provision (38%), connection device (interface) (30%), projection of completion (rendering) (19%), and tracking (13%).
From the view of the proportion of the applications by detailed technology based on the nationalities of the applicants, US had the biggest rate in all the technology and South Korea showed 20% in tracking and 18% in content provision, which were not small rates.
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