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KIPO published a 「countermeasure plan to technology leaks, to strengthen global industrial competitiveness.(News Letter No. 540) |
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KH |
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2024-11-18 |
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1.KIPO published a 「countermeasure plan to technology leaks, to strengthen global industrial competitiveness.
In the 244th international economic ministers’ meeting held in Government Complex Seoul, KIPO put a ‘countermeasure plan to technology leaks to strengthen global industrial competitiveness’ on the agenda and presented it.
This plan was prepared to overcome concerns about national damages due to increased technology leaks in the high-tech industries, such as semiconductors, secondary batteries, etc., to strengthen global industrial competitiveness by establishing a national technology protection system which prevents technology leaks blocking the growth path of small and medium companies and venture companies, and to realize a dynamic economy. This plan includes countermeasures to strengthen the response to technology leakage by utilizing the core technology protection means, such as the trade secret protection and unfair competition prevention systems, patent bigdata analysis, etc.
<①Technology leaks are captured based on patent bigdata and the reorganized specific target system which strengthen the determination of a high technology leak.>
First, a preemptive technology leak prevention system is to be established by sharing technology leaks captured through patent bigdata analysis with a counter-intelligence so as to be immediately connected to an investigation. Since KIPO’s patent bigdata of about 580 million cases is a collection of advanced technology information generated by the worldwide companies, institutes, universities, etc., which includes global R&D trends, key personnel, technology trends, etc., when analyzing the patent bigdata, it is usable as core data in detecting technology leaks. After KIPO’s bigdata value was recognized as counterintelligence information, it was designated as a national counter-intelligence in April. KIPO will make every effort to protect a national core technology by providing the related ministries with patent trend information, right transfer information and personnel information which are usable when a national core technology is newly designated or changed.
An advancement of government-wide investigation of technology leaks by using KIPO’s technical specialists is to be carried forward. Since determination of technology similarity is essential for the investigation of technology leaks, KIPO plans to establish a technical advisory system to support the determination of whether a technical crime has been established by using about 1,400 examination and trial experts focused on all areas of technology of KIPO, when intelligence and/or investigative agencies request cooperation in the intelligence/investigation stage. To this end, a basis for carrying forward the investigation is to be prepared in the unfair competition prevention and trade secret protection acts.
<② A Korean-style evidence collection system for relieving damages inflicted due to technology infringements and a concentration of jurisdiction in litigation leaks are to be carried forward.>
Damage relief is to be strengthened through the advancement of technology infringement litigation methods and systems, technology leak prevention conditions, such as improved treatment of research personnel, etc. are to be focused. First, a Korean-style evidence collection system is to be introduced to improve a situation where the success rate and amount of damages in technology infringement lawsuits are significantly low due to lack of evidence. Once this system is introduced, it is possible for an expert appointed by a judge to collect and investigate materials in a technology infringement site and to interrogate witnesses between the parties presided over by an court official, so that evidence collection is expected to be significantly improved.
The concentration of jurisdiction in technology infringement case is also to be carried out to improve trial expertise in technology infringement litigation where high technical judgement is required. Although the concentration of jurisdiction in litigation is currently applied only to civil cases of patent rights, utility model rights, design rights, trademark rights and plant variety rights, it will be expanded to be applied to the civil cases related to trade secrets, industrial technology protection, unfair competition acts, etc. and to the preliminary injunction criminal case.
<③ Countermeasures to mid-term technology takeover, such as technology protection consulting, original idea certification system, etc., are expanded.>
KIPO will make every effort to improve the responsiveness to technology leaks of those that own technologies, such as companies, universities, institutes, etc. KIPO will newly provide technology protection consultations (40 companies per year), as a precautionary measure, to small and medium companies and middle standing companies who own national strategical and core technologies, and it will establish new customized technology protection consulting businesses for universities and research institutes.
For small and medium companies, technology takeover prevention and countermeasure support system are to be strengthened. Introduction of the original idea certificate system is carried forward, in which small and medium companies can easily prove the ideas (technology information and management information) conveyed to the other parties during transactions and negotiations. The previous ‘public interest patent attorney center’ is to be expanded and reorganized to an ‘industrial property legal aid center’, to support civil litigation costs for small and medium companies damaged due to trade secret infringements and to newly support the providing of legal advice, etc. To rapidly settle the technology takeover-related disputes, court and prosecutor-police linked dispute mediations are to be expanded, and the roles of the committee of mediation of disputes over industrial property rights are to be expanded to an investigation of intentional failure to comply.
2. About 39,000,000 Chinese patent publications are available in Korean language, Hangeul.
- KIPO opens, for the third time, Korean translation data of foreign patent applications, reaching a total of nearly 60 million cases.
- Further to the Korean translations of European patent publications in 2022, US patent publications 2023 and Chinese patent publications in 2024, Korean translations of Japanese patent publications will be additionally opened in 2025.
According to KIPO, the Korean translation data of Chinese patent publications have been open, free of charge, to the public through KIPRISplus which is a patent information opening platform. This is the third Korean translation data opening after those of European and US patent applications and the Korean translations of Japanese patent publications will be additionally opened in 2025.
<39,000,000 Korean translation data of Chinese patent publication have been open.>
The data which have been open are 39,000,000 Korean translation cases of Chinese patent publications which were published from February 2010 to July 2023 by China National Intellectual Property Administration.
An individual or company, etc. who wants to file a patent application is able to easily search a Chinese patent document(s) in the Korean language, without separately searching in the Chinese language.
The relevant companies which provide services by using IP data are able to provide a new service in the patent analysis, such as prior art search, valuation, etc., by utilizing Chinese patents.
KIPO cooperating with World Intellectual Property Organization (WIPO) from 2018 has discussed the service of providing Korean translation data of foreign publications. Accordingly, KIPO introduced a Chinese to Korean machine translation system based on AI (2023) and has published these Korean translations through data maintenance and inspection, etc. over one year.
This data opening was third time following 5,000,000 Korean translation cases of European patent publications (December 2022), 14,800,000 cases of US patent publications (August 2023), The number of the Korean translation data of foreign patent publications which have been opened totals 58,800,000 cases. About 23,000,000 Korean translation cases of Japanese patent publications will be additionally opened in 2025.
As the accessibility to foreign patent data has been improved through sequential opening of Korean translations of foreign patent publications, the Korean translation data opening is expected to be helpful to make a Korean company’s research and development (R&D) efficient and to strengthen its technological competitiveness.
3. KIPO has started a service of providing information on 「global technology trends and patents of advanced strategic industry.
KIPO published to have started the service of providing information on ‘global technology trends and patents of advanced strategic industry’, to support R&D in the advanced strategic industry, such as semiconductors, secondary batteries, etc.
The ‘global technology trends and patents of advanced strategic industry’, which is the content which summarizes the updated global policies and industrial trends related to advanced strategic industry and the patent trends regarding major issue technologies, has been newly prepared to be helpful in setting governmental and private R&D directions. KIPO provides the relevant content which is updated monthly.
The ‘global technology trends and patents of advanced strategic industry’ consists of ▲ global policy trends of advanced strategic industry ▲ trends of advanced strategic industry by technical field, and ▲ patent trends.
①In the global policy trends of advanced strategic industry, a major country’s advanced strategic industry development policies and legislation and a status of cooperation between countries are available.
②In the trends of advanced strategic industry by technical field, the industrial trends, the investment directions of leading companies, and major issues, etc. are addressed by each of 13 industries, such as semiconductors, displays, secondary batteries, etc.
③In the ‘patent trends’, the patent application trends by year and patent application status of major countries and major applicants are provided regarding the technology issues to pay attention to in each industry, thereby making it easy to understand the technology development direction and the current status of a leading group.
4. South Korea ranked 6th in the world in the Global Innovation Index (GII) 2024.
-WIPO published the Global Innovation Index (GII) 2024 and South Korea ranked in the top 10 for 5 consecutive years.
-South Korea ranked 1st in the world in 5 indicators (such as patents, designs, international patent applications, etc. to GDP) of 78 detailed indicators.
KIPO announced that, among 133 countries, South Korea placed 6th overall in the Global Innovation Index (GII) 2024 which was published by WIPO on September 26, 2024. As South Korea entered within the top 10 for 5 consecutive years after 2020, it is assessed that South Korea’s high innovation capacity has been recognized around the world.
The Global Innovation Index (GII) is calculated by combining 78 detailed indicators in a total of 7 areas including 5 inputs, such as human capital and research, etc., and 2 outputs, such as knowledge, technology. South Korea ranked 6th in input and 4th in output. Notably, South Korea ranked 1st in the world for 6 consecutive years in human capital and research.
In addition, South Korea was assessed as 1st in the world in 5 indicators including 3 IP-related indicators, such as patent applications to Gross Domestic Product (GDP), among 78 indicators.
Looking at the global rankings, Switzerland ranked 1st for 15 consecutive years, followed by Sweden, US, Singapore and England. China was 11th and Japan was 13th.
5. KIPO arrested a group of manufacturing and distributing counterfeit tumblers of the famous coffee brand ‘S’.
-They attempted to evade the law by evolving techniques of manufacturing the counterfeit items and importing parts.
-9 people were sent to prosecutors on charges of violating the Korean trademark law and 130,000 items including the counterfeit manufacturing parts, etc. were confiscated.
According to KIPO’s trademark special judicial police (hereinafter, referred to as a ‘trademark police’), 9 people including “A” (age: 53), a general manager of manufacturing and distributing the counterfeit tumbler of the famous coffee brand ‘S’, were booked, without detention, on charges of violating the Korean trademark law.
According to the trademark police, the group including “A” has been suspected of manufacturing and distributing about 130,000 counterfeit tumblers of the famous coffee brand ‘S’ (the total amount of original price: 6.2 billion Korea Won) in Korea from 2021 to 2023 (about 3 years). As the counterfeit tumbler subsidiary materials which the group of “A” had attempted to import were caught at the customs stage, the trademark police considered that the counterfeit items using these materials might be manufactured and distributed and started investigation.
The trademark police confirmed the circumstances that “A” (age: 53), general manager, “B” (46) in charge of distribution, “C” (65) in charge of finance and “D” (62) in charge of manufacturing engaged in crime in Ilwon, Gyeonggi-do and then, it arrested the group. In the past, it had been a middleman that simply purchased and then sold counterfeit tumblers. However, as a result of investigation, the general manger “A” led the crime by planning a unique crime method and directly manufacturing and distributing the counterfeit tumblers
The group including “A” imported components taken apart from tumblers separately to avoid crackdown and then assembled fumblers in Korea and reprocessed them to make the counterfeit tumblers.
After importing main bodies of plain tumblers (which were products without any trademark) from overseas, “A” printed the logo of ‘S’, without permission, in Korea, thereby making the bodies of counterfeit tumblers. “A” also produced to order tumbler lids, rubber pads, stickers, etc. overseas and then brought them into the country and produced printed materials, such as package boxes, user manuals and inserts, etc., in Korea. For distribution, the group finally manufactured the finished products of the counterfeit tumblers of ‘S’ in Korea, by using the tumbler main bodies, subsidiary materials and insert printed materials, etc.
Expecting that new criminal methods will continue to increase through sharing information, the trademark police plans to strengthen capabilities of crackdown on new crimes by carrying forward a regular meeting for each investigative agency, such as the prosecutors’ office and the customs, etc., and opening a joint training course among them.
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