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Title |
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Upon reviewing trademark big data, trademark trends are shown!(News Letter No. 514) |
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Author |
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KH |
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Post Date |
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2023-10-16 |
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175151 |
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1. Upon reviewing trademark big data, trademark trends are shown!
-KIPO held a ‘2023 academic conference of trademark big data’.
-Business and trademark strategies are shared based on the analysis of trademark big data.
-From this year, KIPO carries forward a ‘trademark big data analysis project’, to continue to provide results of the analysis.
Tesla filed an application for a trademark to the western food industry, etc. in May 2021 and get an approval of construction of a western restaurant application and a charging station in August 2023. Hyundai Motor filed an application for a trademark as to western restaurant, hotel, and car repair businesses in November 2018 and opened ‘Genesis House New York’ which is a culture complex in November 2021. Thereby, it is in advance confirmed by a trademark that a customized service business is expanded from a car to a charging station and a western restaurant, etc.
Johnson and Johnson filed an application for a trademark related to medical equipment for medical personnel, wherein virtual reality and augmented reality are combined into a surgical procedure, on February 2021 and started a surgical education for medical personnel using the virtual reality in Mexico in April 2022. Thereby, this company is able to predict, through a trademark, the possibility of newly entering the virtual reality businesses, such as virtual cosmetics, virtual surgery, etc. by expanding from the previous cosmetics and medicine businesses.
KIPO held a ‘2023 academic conference of trademark big data’. This academic conference as a part of an event for a ‘trademark and design week’ (September 11~15) was held on the topic, ‘trademark utilization strategies to secure a business initiative in the data economy era’. This conference was prepared to share the results of the ‘trademark big data analysis project’ which is to be newly carried forward by KIPO from this year.
The academic conference was to diagnose the kind of a promising business based on the type of a newly emerging business and a trademark (mark) as a result of analyzing various industries from the view of a ‘trademark’, and to share the business and trademark strategies to be helpful to a Korean company.
After the significance of an industry trend analysis based on the trademark big data was introduced, the cases of analyzing trademark and business strategies in the 4 fields including ▲drugs, ▲information service, ▲delivery service, and ▲pet care were shared.
The academic conference was scheduled for live broadcast. Details were available at KIPO YouTube (youtube.com/kipoworld).
Information on a trademark application contains a company’s business will for the near future because a company files a trademark application to exclusively protect its own trademark (brand) in the relevant business field before launching a new business. Therefore, the analysis of trademark big data to be introduced in this academic conference has significance in predicting a level of competition in each industry and a future industrial structure beyond a simple trend identification.
Through the trademark big data analysis project, KIPO will support Korean companies, by predicting a promising field of diverse industries and providing trademark (brand) strategies to be used for business transformation and search for business direction.
2. KIPO controls counterfeit products in the Blackpink World Tour performance site.
-A number of Blackpink counterfeit products were confirmed by collecting online information in advance and measures to block the counterfeits were taken.
On September 16 and 17, 2023, KIPO’s trademark special judicial police (hereinafter, referred to as ‘trademark police’) conducted a crackdown on fan product-related counterfeits and a guidance activity in Gocheok Sky Dome (located in Guro-gu, Seoul, South Korea) where the world tour finale of Blackpink, which is a leading group of K-culture, to protect the brands of Korean small and medium companies and middle market enterprises.
KIPO will utilize this crackdown as an opportunity to positively cooperate Korean companies in increasing brand values and informing and guiding an IP respecting culture to the spectators coming to the concert hall.
The trademark police patrolled the surroundings of the subway station and the major exit/entrance of Sky Dome, where the spectators were expected to move on the performance day, to conduct a crackdown.
Last month, as a result of preemptively strengthening online information monitoring to in advance block the Blackpink-related counterfeit products which were sold online, it was confirmed that a number of the Blackpink-related counterfeit products were distributed. Accordingly, the measures to delete a counterfeit product seller’s post or account were taken through the cooperation with an online transaction company (platform).
The trademark police will carry forward a planning investigation to a large-scale habitual seller, based on the information collected during the process of information monitoring and will continue to check the K-culture-related counterfeit products of the online platform by cooperating with a major domestic entertainment agency.
3. 34 billion Korea Won worth of a cooperate criminal organization was arrested.
-For the first time, one person with design crime was arrested, and the full amount of 2.4 billion Korea Won benefits from the crime was collected and preserved.
-A company representative who was a social network service (SNS) influencer was arrested and indicted.
According to KIPO on September 14, 2023, the company representative, “K”, who has been an SNS influencer, was arrested on charges of manufacturing and selling about 20,000 counterfeit products (corresponding to genuine market value equivalent to 34.4 billion Korea Won) which copy domestic and overseas famous brand designs, and the corporation and 7 employees (including the representative) were transferred to the prosecution by indictment opinion.
KIPO’s technical design special judicial police (hereinafter, referred to as ‘technical police’) and Daejeon District Prosecutors’ Office arrested the corporation and 7 employees which manufactured and distributed about 20,000 copy products of clothing, shoes and precious metals of famous brands of 58 domestic and foreign companies, such as Chanel, Time, Ink, etc., on charges of violating the Design Protection Act and the Unfair Competition Prevention Act. The company representative, “K”, who has 2 previous convictions of the same type, was preliminarily arrested at the investigation stage of the technical policy and the prosecution finally indicted the representative and the corporation and suspended indictment of 6 employees.
According to the technical police, the main culprit, “K”, who ran an individual business, established a corporation to sell and distribute copy products from December 2021 and hired employees to share roles for corporatization. Manufacturing copy products was organized by entrusting Korean manufacturers and wholesalers of clothing, shoes and precious metals and the overseas local companies.
After purchasing new products, they manufactured copy products by copying the purchased products and returned them. To avoid a crackdown, they carefully planned and executed the crime by attaching its own trademark to the copy products.
The main culprit, “K”, who acted as a fashion influencer in the internet blog (accumulated number of visitors was 14,000,000) promoted the copy products by using his awareness and attracted the purchasers and sold the copy products by a membership system. The copy products which were manufactured and distributed for about 3 years from November 2020 reached a whopping 34.4 billion Korea Won as genuine market values. “K” was suspected of taking 2.43 billion Korea Won as profits from crime.
The main culprit, “K”, having made huge profits from crime and living in a luxury villa located at Gangnam-gu, Seoul and showed off a luxurious life, like owning a number of expensive cars, in the SNN, thereby encouraging other criminal activities and braking down designers’ desire to create.
The technical police started the investigation with a complaint from one damaged company as of December 2022 and recognized a large-scale organized design crime as of February 2023. After that, the technical police changed the direction of investigation to a planning investigation to 58 damaged companies and confiscated crime evidence by an issued search and seizure warrant to the residence and the corporation office as of March 2023 and arrested the corporation and 7 employees.
In addition, cooperating with a patent crime investigation department and a crime profit recovery team under the Daejeon District Prosecutors’ Office, KIPO froze the finance account of another main culprit, “A”, and seized real estate and bonds, etc., thereby collecting and preserving the full amount of 2.43 billion Korea Won and securing about 600 copy products possessed by a gang of the main culprit “A” as evidence.
4. Korean and Japanese patent laws and systems keep pace… a first working-level consultative body is launched.
-As a follow-up of a meeting of the commissioners of KIPO and Japanese Patent Office (JPO), a KIPO and JPO director-level meeting was held in Tokyo, Japan on September 15, 2023.
-The meeting was to share the information on an AI inventor’s legal status, the green technology-related patent classification system, etc.
According to KIPO, Korean and Japanese patent experts had a bilateral meeting regarding Korean and Japanese patent laws and systems in Tokyo, Japan on September 15, 2023, to share the current issues of the patent laws and systems between the two countries and the information of a future cooperation plan.
As the follow-up of the meeting of the commissioners of KIPO and JPO which was re-opened in May, 2023 after 6 years, this meeting has great significance in establishing the first working-level consultative body in the patent law and system field between Korea and Japan.
In this meeting, in-depth information was shared as to diverse subjects as follows: △ the legal status of an AI inventor, △ trends of recent Korean and Japanese patent law amendments, △ experience of building a green-technology-related patent classification system and utilization plan thereof, △ pursuing B+ group tasks, etc.
Both countries shared information on whether AI is recognized as an inventor and which changes are made to the current patent laws and systems if AI is recognized as an inventor in the future. In addition, the two shared the information on the patent systems favorable to applicants, such as relaxing the requirements for recovery of a patent application and a patent right according to the recent amendment, and the improvement directions.
This meeting was to continue to share the information of the main subject, ‘response to climate change through an inclusive IP system’, in the meeting of the commissioners of the IP5 (KIPO, JPO, USPTO, EPO and CNIPA) which was held in USA in June 2023.
Japan presented the experience of introducing the ‘green transformation technologies inventory (GXTI)’ and Korea presented a ‘Korean green technology patent classification system’ which is currently in the completion stage and a plan to support preferential examination of a patent application included therein.
Korea also suggested a blueprint to seek efficient use of patent information by linking the ‘Korean green taxonomy classification system’ of the Ministry of Environment.
In the B+ group meeting which is held mainly by developed countries, the two countries also agreed to promote an international harmony regarding the substantive matters of the patent system, such as claiming exception of public disclosure, etc., under the leadership of Korea and Japan to protect both country companies entering overseas and inventors.
5. ID5 gathered in Korea.
-KIPO held TM5 and ID5 annual meetings on September 11~15, 2023.
-The cooperative tasks to be discussed were a plan to raise awareness of trademark infringement, a design protection in virtual space, etc.
-The commissioner of KIPO participated in the TM5 annual meeting and the unit event, such as a trademark and design public forum.
KIPO held ‘2023 TM5 (Trade Mark 5) and ID5 (industrial Design 5) annual meetings’. The TM5 and ID5 are KIPO, USPTO, EPO, JPO and CNIPA.
In the meeting where each government office and the World Intellectual Property Office (WIPO) related people gathered in Korea, the progress of the cooperative tasks which were carried forward in this year were organized and the tasks to be carried forward in the next year were adopted.
In the TM5 annual meeting (September 11 and 12), 16 cooperative tasks were discussed, including ‘a plan to raise awareness of trademark infringement’, ‘a plan to prevent malicious trademark application’, etc. Further, as new issues regarding expansion of trademark use in the virtual space such as metaverse, trademark infringement across borders, etc. have arisen, IP5 joint declaration was announced to preemptively respond to these issues.
In the ID5 annual meeting (September 14), 12 cooperative tasks were handled including ‘design protection in metaverse’ and ‘manufacturing a user instruction manual of requirements for design drawings’. Especially, the task of ‘design protection in the metaverse’ will be completed by the end of this year by reflecting opinions from each industry.
As new tasks, Korea and US jointly proposed a ‘comparison of results of the Hague international design examination’. A ID5 joint declaration with efforts for activation of women’s participation in the design system’ was also discussed.
KIPO designated the 5 days during which the meetings were held as the ‘trademark and design week’, to hold in the same place the unit events, such as a trademark and design public forum and Incheon area companies’ meeting (September 11), TM5 and ID5 user sessions (September 13 and 15, respectively), a trademark big data academic conference (September 13), etc.
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