1. KIPO speeds up the rapid and precise investigation on intellectual property (IP) crime!
- An ‘IP crime investigation support center’ was opened as the Korea Intellectual Property Protection Agency-affiliated organization (June 23).
- IP infringement crackdown support, electronic forensics support, IP crime report counseling, etc.
KIPO published the opening of the IP crime investigation support center to increase response intensity to the advanced and intelligent IP crime.
The IP crime investigation support center carries out the services of counseling IP infringement damage and receiving a report thereof, supporting trademark counterfeit appraisal, collecting information on on/off line IP infringing goods, and supporting design counterfeit crackdown.
This center also plans to conduct the service of supporting in the equipment required to collect information on electronic forensics (digital forensics), recovering deleted data, decrypting, etc., to rapidly and accurately secure a vast amount of digital information which is indispensable to prove crime.
In September 2010, KIPO launched the ‘trademark police’ to start the investigation regarding counterfeit products (trademark infringement) and in March 2019, it launched the ‘technical police’ by expanding the investigation range to patent, trade secret and design infringements.
Over the 13 years from 2010 to 2022, the trademark police and the technical police filed criminal cases of about 6,000 IP infringement and extortion offenders and confiscated about 12,580,000 counterfeits, making a great contribution in eradicating the IP infringement and extortion crime which were impediments to Korean companies’ innovation.
However, since the IP infringement and extortion methods, such as the encryption of electronic files or the concealment and deletion thereof, have been more advanced and intelligent according to the development of the cutting-edge technology, KIPO has had trouble in cracking down IP crime since the number of investigation personnel is only 50.
In this regard, to effectively respond to the IP crime, KIPO has launched the agency to take charge of IP crime investigation support of the technical police and trademark policy under the Korea Intellectual Property Protection Agency.
2. Global semiconductor companies requested PCT international search in South Korea.
- The number of international search cases requested by the world’s largest semiconductor equipment company has increased.
- The rate of increase in the number of PCT international searches requested in South Korea was 1st among the IP5 in 2022.
Foreign semiconductor companies’ requests for PCT international search in South Korea have come alive. Among the 5 foreign companies which requested an international search for PCT application for the last 5 years, 4 companies were the global semiconductor companies including Applied Materials (AMAT), Micron, Intel and Lam Research. The number of the PCT international searches in South Korea, which was requested by Applied Materials (AMAT), the world largest semiconductor equipment company, increased from about 340 in 2018 to about 720 in 2022.
The rate of increase in the number of PCT international search in South Korea increased by 4.4% in 2022 (compared to the previous year), recording the highest increase among the IP5. The annual average increase thereof over the last 5 years (2018~2022) was 3.7%, recording 2nd place.
According to KIPO on June 25, 2023, a total of 30,577 cases for PCT international search was requested, showing that KIPO received the 4th most requests for PCT international search in the world. The 1st was Europe with 84,128, 2nd was China with 73,908, 3rd was Japan with 48,925 and 5th US with 23,971.
The increase rate of PCT international search requests in South Korea was 4.4% in 2022 (compared to the previous year), which was the highest, followed by China with 1.2% and Europe with 0.1%. As to the average annual increase rate over the last 5 years, South Korea was 2nd place with 3.7%. China was 1st with 7.3% and US was 3rd with 2.2%.
About 71.6% (21.907) of the number of the PCT international search cases in South Korea in 2022 were requested by domestic entities. The top 3 Korean companies, Samsung Electronics, LG Electronics and LG Energy Solution, occupied about 35% of the total. Upon reviewing these by WIPO’s 35 technical classes, 2,496 cases related to digital communications, 2,492 to batteries (electromechanics, energy), 1,917 to computers, 1,570 to medical technology, and 1,160 to audio and video technologies.
About 25.9% (7,911 cases) of the PCT international search cases conducted by South Korea were requested by US. Upon reviewing these cases by the technical classes, 988 cases related to computers, 832 to semiconductors, 633 to civil engineering, 630 to batteries (electromechanics, energy), 600 to measurements, etc. The international search cases were considered as being requested by choosing South Korea focusing on the advanced technology fields.
3. In the post Corona era, the patent examination communication is strengthened.
- An ‘online examination answer appointment system’ is introduced to meet the online communication trend’.
- A phone interview and the expanded place for a video interview, which were introduced in the Corona era, will be maintained.
According to KIPO, as a part of positive administration in the patent examination area, the ‘online examination answer appointment system’ has been fully introduced so that a patent customer is able to communicate with an examiner in other ways in addition to a phone.
In the online examination answer appointment system, if a patent customer requests, in www.patent.go.kr which is an electronic filing base (platform), an examination answer by inputting the content of a notice or the questions on an expected time for examination process and an available contact, etc., the customer receives an answer from the examiner by phone at the desired time.
When this system is used, since an examiner is able to sufficiently pre-review a related case, there is the merit of receiving an accurate and high-quality answer. In addition, when an answer is simple, a patent customer is able to receive an answer by text message (SMS) and electronic mail (email) to meet the new trend that online communication is active. Therefore, communication with an examiner is expected to be more convenient.
The online examination answer appointment system is officially operated by improving on the inconveniences of the ‘system of requesting a counsel with an examiner’, which was demonstrated in April. The online examination answer appointment system is available by accessing to www.patent.go.kr. In the later half of this year, a QR code will be introduced in an examination-related document to be mailed, for more easy accessibility.
In addition, a phone interview, which was temporarily allowed to keep conversation in the situation that a face-to-face interview was limited due to the social distancing, and the expansion of a place used for a video interview will be maintained. These have been decided by reflecting the size of total interview requests increasing every year and the positive evaluation of the patent customers experiencing phone interviews.
4. We, KIPO, make standard patents like this.
- KIPO held a ‘standard patent strategy diffusion conference’ on June 22.
- This conference was first held in this year, to share good cases of a standard patent creation support program, etc.
According to KIPO, the ‘standard patent strategy diffusion conference’ was held.
This conference was planned for the first time in this year, to share the good cases of KIPO’s standard patent creation support program and a company’s R&D-standard-patent linkage strategy and to raise the awareness of a standard patent and to further increase the Korean industry-academia-research’s standard patent creation capability.
This event consisted of ▲ award of an excellent participant institution in the standard patent creation support program, ▲ special lecture related to a standard patent, ▲ standardization (standard patent) strategies of big companies and public research institutes, ▲ good cases of the support program, and ▲ trends of overseas standard patent-related systems, etc.
A lecture was continued on the strategies of standardization and standard patents of SKT (6G), Korea Electronics and Telecommunications Research Institute (immersive media) and Hyundai Motor (automotive industry).
The Korea Institute of Intellectual Property Office introduced the new bill related to the standard patent license which was proposed by European Commission (EC) in April 27, 2023.
5. Companies and experts were together to prevent technology stealing.
- KIPO held a seminar to prevent technology stealing on June 20, 2023.
While the problems of idea and technology stealing which has shaken the foundation of innovation of companies have continued to occur, the seminar was arranged to listen to the companies’ and experts’ opinions thereof and to find a solution.
The seminar proceeded with ▲ case presentation of a company involved in a technological dispute, ▲ suggestion of improvement measures to prevent technology stealing, ▲case presentation of dispute resolution and suggestion of improvement measures thereof, ▲ KIPO’s review to prevent technology stealing, and ▲free discussion to solve the technology stealing problem.
In the first presentation, various technology dispute cases (not only a dispute between a big company and a small/medium company but also, a dispute between a big company and a foreign company and a dispute between small/medium companies) were discussed based on the dispute cases of the 3 companies currently going through technology disputes and the investigation cases of KIPO’s technical policy. Many difficulties that the companies experienced in the fields were introduced.
In the second presentation, as solutions for the companies’ difficulties, 10 improvement matters to prevent the technology stealing were proposed including: ▲ expanding the range of administrative investigation and strengthening the effectiveness thereof, ▲ improving evidence collecting system, ▲forming a pan-ministerial consultative body of administrative investigation and investigative agencies, etc., and ▲ preparing an ideal registration system in the Unfair Competition Prevention Act.
In the third presentation, the best practices to rapidly and smoothly solve the technical disputes between the companies through a dispute coordination system was introduced. Further, the matters needing improvement to develop the industrial property dispute coordination system were presented, such as ▲ in the case that the party does not follow a dispute coordination, without any reasonable reasons, KIPO’s ex officio investigation and an enforcement investigation may need to be opened, and▲ the dispute party’s attendance is needed to increase for efficient coordination.
After that, KIPO presented the review of the matters proposed by companies and experts, followed by the participants’ free discussion on the solution of the technology stealing problem.
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