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Securing standard patents leads the way from 6G to air taxi!(News Letter No. 526) |
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KH |
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2024-04-16 |
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1. Securing standard patents leads the way from 6G to air taxi!
- KIPO publishes a report of standard patent strategy map in the urban air mobility (UAM) field.
- The report includes methods to derive a promising technology, strategies to secure a standard patent, etc., to be helpful in establishing R&D directions.
- The report is open, without cost, at the standard patent portal website of Korea Intellectual Property Strategy Agency.
On March 6, 2024, KIPO announced to publish and distribute the ‘2024 report of standard patent strategy map’, suggesting the strategies to secure standard patents in the 6G and UAM fields.
The report relates to the 6G and UAM fields which have been in the spotlight as core industries that will change future society and it is expected to be of great help in establishing private and public R&D directions and planning the relevant task.
This report contains, by field, ▲ Korean and overseas patent trends ▲ methods to derive a promising technology ▲finally driven promising technology*, and ▲strategies to secure standard patents by promising technology. The finally driven promising technology includes eight (8) 6G technologies, such as extreme massive MIMO technology, etc., and nine (9) UAM technologies, such as real-time flight information-based UAM traffic management automation technology, etc.
KIPO selects two (2) fields every year, deriving a promising technology from the point of view of securing a standard patent through a strategic analysis of patent big data and standard information in each field, and suggesting strategies to secure a standard patent for each promising technology to be provided to the private and public.
This report was made under review of experts of the relevant research management-dedicate agencies and industry-academia and research of the Ministry of Science and ICT (for 6G) and Ministry of Land, Infrastructure and Transport (for UAM), to reflect industry trends as much as possible and to increase reliability.
2. A dedicated trial expands to secondary battery and the next-generation communication, to intensively support a cutting-edge technology!
- KIPO provides a comprehensive trial administration service, to reduce a Korean company’s response burden to a patent dispute.
A dedicated trial department to support a cutting-edge technology field expands from the semiconductor and mobility fields to the secondary battery and next-generation communication fields in 2024. This is expected to contribute to company competitiveness strengthening and economic security through a rapid and correct trial of a patent dispute in the national strategic technology field.
On March 5, 2024 the Intellectual Property Trial and Appeal Board under KIPO announced to provide faster and fair trial administration services by positively collecting demands from companies.
The trial department plans to concentrate trial administration service capabilities in the 3 fields of reorganizing the trial department’s operation system to focus on consumers, providing rapid trial procedures and supporting the socially and economically disadvantaged.
In this year, a dedicated trial department is expanded from the semiconductor and mobility fields (October 2023) to the secondary battery field (March 2024) and the next-generation communication field (May 2024), focusing the national strategical technology field.
Important trial cases that urgently require securing technology at the national level have been consistently and accurately processed in each dedicated trial department in which a judge with extensive examination and trial experience is assigned. The dedicated trial department, which started in the semiconductor and mobility fields last year, has been expanded to the secondary battery and next-generation communication fields.
A trial case which was requested after it had taken a long time in an examination process is to be rapidly processed under the direction of the chief judge (January 2024). When a patent is registered after a specific period passed, it needs to extend the term of protection of the patent. However, since the number of the cases to be extended has increased, it is to minimize the extension period through a rapid trial.
Foreign companies with a lot of original technology in the cutting-edge fields dominate 60% of the number of cases to be extended as to the term of protection of a patent. In this regard, if this is left unattended, the royalty payments of Korean companies will increase and the market entry of Korean companies will be delayed, etc. Therefore, this is a measure actively considering negative impacts that may have on IP activities.
A case in which there is a dispute between the parties, such as an invalidation trial and a patent scope declaration trial, etc., to prevent unnecessary prolongation of battles, is to actively utilize intensive trial procedures (March 2024). Due to rapid trial procedures, a company’s burden to respond to a dispute is expected to be reduced.
A public agent service is reorganized into a new 3rd period system to strengthen a match in a representative’s specialization and a trial case’s technical field, etc. For reference, since a success rate of a 2nd term public elected representative was 52.8% (January 2022 ~ December 2023), it was higher by 2.5 times than a success rate, 21.0%, of a trial case conducted without representative.
3. A support program is available when it is hard to respond to an overseas patent or trademark dispute.
- KIPO has started recruiting companies to participate in a strategic support program to respond to a patent or K-brand dispute (March 4, 2024).
- KIPO expands responsive support to an overseas patent infringement from a company to a university and a public research institute.
- KIPO provides comprehensive support for exercise of various rights and defensive strategies in an overseas K-brand dispute.
KIPO announced to recruit companies to participate in a ‘2024 strategic support program to respond to a patent dispute and a K-brand dispute’ from March 4, 2024.
As global technology competition has intensified, it becomes important to rescue an export company embroiled in an overseas patent dispute. In addition, damages have increased due to overseas counterfeit products of K-brands and an unauthorized preoccupation of a trademark, etc. Accordingly, KIPO plans to further strengthen the strategic support to respond to overseas patent and K-brand disputes.
The target of a strategic support program to respond to a patent dispute is expanded from Korean small and medium companies and midsize businesses to universities and public research institutes.
After KIPO analyzes whether overseas companies infringe Korean universities’ and public research institutes’ foreign patents, if infringement is suspected, KIPO supports responsive strategies, such as a warning letter, trial, licensing agreement, etc.
In addition, simple task changes are quickly allowed for a rapid response to any change in dispute situation. If dispute situation rapidly changes, new responsive strategic support is also available.
A strategic support program to respond to a K-brand dispute will comprehensively support various types of disputes resulting from the K-brand protection process.
Last year, no support was provided to a trial or litigation which was filed by the other party of a dispute during exercise of a right against an unauthorized preoccupation of a trademark and counterfeit or shape imitation. However, from this year, responsive strategies thereto are additionally supported.
4. KIPO’s technology police became a regular organization with the outcome to prevent leakage of a national important technology, such as semiconductors, etc., overseas.
- The technology police is a new organization to be evaluated to a regular organization (February 27, 2024).
According to KIPO, a technology and design special judicial police department (newly established in July 2021, hereinafter, referred to as the ‘technology police’) became a regular employee (February 27, 2024, hereinafter, referred to as ‘normalization’) as a result of evaluating the new organization by the Ministry of Public Administration and Security.
The technology police, which was newly established to eradicate technology stealing or infringement and to prevent the leakage of important national technologies, such as semiconductor, battery, etc., overseas, has been normalized by KIPO and the revision of its affiliated organization (presidential order) (promulgated and enforced on February 27, 2024).
The continuity (normalization, abolishment, or extension of evaluation period) of a new organization (department, office, etc.) established through organizational revision of a central administrative agency is decided. The technology police have been normalized, based on the excellent performance.
This normalization was promoted to strengthen the government’s responsive system to technology crimes and to strengthen the cooperation system with counterintelligence agencies at national economic and technological security levels, such as the recent increasing trend of criminal offending (technology stealing and infringement) and the seriousness of the technology being leaked overseas through industrial spies.
Through collaboration with the related organizations, such as National Intelligence Service, Prosecutor’s Office, National Police Agency, Korea Customs Service, etc., the technology police prevented economic damage worth hundreds of billions of Korea Won by blocking the overseas leakage of national core technologies and cutting-edge technologies.
The technology police received a presidential commendation (December 2023) since its contribution to national technology security was recognized. The technology police also contributed to KIPO being designated as the 7th counterintelligence agency (December 2023) following the National Intelligence Service, Ministry of Justice, Korea Customs Service, National Police Agency, Coast Guard, and Defense Counterintelligence Command.
The technology police cooperated with Daejeon District Prosecutor’s Office to arrest and indict a company representative, who was an influencer of a famous social network service (SNS), as the first design crime (September 2023) and returned all proceeds (2.49 billion Korea Won) of the crime to the national treasury. In addition, the technology police issued a purple notice to 196 member countries of INTERPOL against a new crime method of a design crime, for the first time in the industrial property area (December 2023). Together with the Ministry of Culture, Sports and Tourism, the technology police also developed a fair consumer campaign (FAIRSUMER: FAIR+consumer) to eradicate design crimes and raise awareness of purchasing genuine design products (October ~ December 2023).
As the investigation cooperation support systems, the ‘intellectual property infringement one-stop reporting consultation center’ in charge of the IP infringement report and the professional counseling was opened in the Korea Intellectual Property Protection Agency (July 2022), and the ‘intellectual property crime investigation support center’ was open (June 2023) to support the technology police in controlling design infringement, to support the scientific investigation, digital forensics, and to support the trademark police in controlling counterfeit products, etc.
According to the amendment to the ‘Judicial Police Service Act’, the scope of investigation of the technology police expanded from patent, design and trade secret infringements up to utility model infringement, an act of neutralizing the protective measures of data, and all of trade secret infringements (preparation and conspiracy, attempt, etc.) from January 2024. The technology police will narrow a blind spot of investigation of hijack, infringement and overseas leakage of technology, etc.
5. KIPO starts support for a national high-tech strategic industry by training IP talent.
- KIPO’s International Intellectual Property Training Institute announced a 2024 education training plan.
- Curriculum is reorganized and operated to focus on consumer to cultivate creative and convergence talent.
According to International Intellectual Property Training Institute (IIPTI) under KIPO, it will systematically reorganize and run a customized curriculum focusing on education for examiners and judges, among others, to cultivate creative convergence talents required by the future society.
IIPTI ‘s key implementation policy through 326 group trainings and 406 digital educations in this year, is to strengthen staff competency and expertise, to systematically reorganize and run the consumer-customized curriculum in the public and private fields, to form a user-friendly digital education environment, and to expand education cooperation for the world IP protection.
In response to the acceleration of world technology leadership and IP competition, the curriculum to enhance of staff expertise in overall IP, such as examination, trial, policy, etc., is strengthened.
To secure a super gap and to support a right in the national high-tech strategic industry field, new technology courses in the semiconductor, display, secondary battery and bio fields are newly established, and a course for a new examiner will be timely operated according to a schedule of hiring a private expert in the secondary battery field (June 2024).
Face-to-face (offline) education will be strengthened to increase the weakened bond among employees due to increased work from home during the Coronavirus pandemic period.
The training curriculum for IP practitioners will be reorganized to respond to the recently emerging social issues, such as technology highjack, trade secret disclosure, etc.
Education collaboration between ministries and institutions will be closely expanded by strengthening the IP-related acts, systems, and practical training for local governments, investigation and control agencies, the Ministry of Defense, etc., so that IP services can be smoothly provided nationwide.
Digital-based education will be strengthened such that anyone can easily learn intellectual property anytime, anywhere.
The study environment of the Korean academic credit bank system for the intellectual property science will be improved, to run an online bulletin board to share class information between learners and employment status information, etc. and to improve the functions for smooth educational operation.
In addition, the previous content will be actualized by reflecting the updated acts, systems, cases, etc. and new content considering the latest technology development trends, such as AI, expanded virtual world (metaverse), etc., will be made to be supplied.
Curriculum for small and medium export companies will be strengthened for the intellectual property protection. Business agreement, such as memorandum of understanding (MOU), with Korean National Police University, Judicial Research and Training Institute, etc. will be carried forward to expand a foreign education to improve IP job competency of the relevant agency of a developing country.
In addition, developing country-customized content will be developed and provided, and an international education cooperation among South Korea, Japan and China will be strengthened to positively support the creation of an international environment friendly to South Korea.
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Korean IP News No. 95 in Chines
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Korean Industrial Insight No. 1 in the AI, Semiconductors, Batteries and Electric vehicles field
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