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SIPO will carry out CSP with KIPO for the first time in the world(News Letter No. 395) |
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KH |
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2018-11-01 |
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1. SIPO will carry out CSP with KIPO for the first time in the world
A way will be open for the Korea Intellectual Property Office (KIPO) and the State Intellectual Property Office (SIPO) of the People’s Republic of China to assist each other to rapidly obtain high quality patents, improving the IP protection environments between the two countries and expanding the cooperation infrastructure between the two governments to protect trademarks.
A patent collaborative search pilot (CSP) between the Republic of Korea and China will be in effect from January 1, 2019. Under the CSP program, when an applicant files a patent application for the same invention in the two countries, KIPO and SIPO will share prior art information and perform prior examination to the application before other applications. By using the CSP program, the invention of the patent application filed in both KIPO and SIPO will be rapidly registered through a high quality examination and be protected. When the CSP between KIPO and SIPO starts in January, next year, the Republic of Korea will be the first country to carry out the CSP with China.
The CSP is currently carried out worldwide in only Korea-USA (September 2015) and USA-Japan (August 2015).
The commissioners of KIPO and SIPO also agreed to newly build a cooperative system in the trademark field and the IP protection field. This agreement has been made since the generalization function of IP was unified to SIPO according to the reorganization of the Chinese government. Based on this agreement, the cooperation in the trademark and IP protection fields where Korean companies demand a lot of cooperation is expected to be further strengthened.
2. TM5•ID5 annual meeting will be held
According to KIPO, a TM5•ID5 annual meeting will be held in the Imperial Palace in Seoul from November 1~6, 2018. TM5 (Trade Mark 5) includes the five (5) advanced intellectual property (IP) offices in the trademark field (the Republic of Korea, US, Europe, Japan and China). ID5 (Industrial Design 5) includes the five (5) advanced intellectual property offices in the design field (the Republic of Korea, US, Europe, Japan and China).
In this annual meeting, high-ranking figures of TM5•ID5, including the commissioner for trademarks in the US Patent and Trademark Office (USPTO), and the World Intellectual Property Organization (WIPO) officials will attend to finally check progress of the cooperative program which has been carried forwarded by each country this year and to discuss and adopt a new project to be newly carried forward.
In the TM5 annual meeting, a discussion will be related to a plan to make a ‘list of mutually acceptable identification of goods (USA)’ to solve the problem in that when a trademark application is filed in other countries, a trademark registration is rejected due to different identification of goods from Korean identification and a ‘manner of describing identification of goods (Korea)’ to provide information related to the description of the identification of goods when a trademark application is filed in other countries. Further, a ‘trademark infringement’ project, which was proposed by Korea as a new project, will be newly chosen to be carried forward as a cooperative project.
In the ID5 meeting, the subjects to be handled are as follows: a ‘comparative study of design registration requirements (Korea)’ which compares and analyzes the design protection system of each country, an ‘analysis of authorities’ policies and basic economic factors to influence design application filing (Europe)’, and a design protection related to new technologies such as virtual reality, etc.
3. The number of applications using the Madrid system filed in foreign countries by Korean applicants increased by an annual average of 17.9% for the last fifteen (15) years
According to KIPO, the number of the applications using the Madrid system, which were filed in foreign countries by Korean applicants, increased by 17.9% on annual average, and the number of the applications using the Madrid system, which were filed designating the Republic of Korea by foreign applicants, increased by 17.7% with a similar level.
The number of the international trademark applications using the Madrid system by the foreign companies to secure their trademark rights in Korea as well as the Korean companies to secure their trademarks in foreign countries has steadily increased.
The number of the trademark applications using the Madrid system filed in foreign countries by Korean applicants increased from 105 in 2003 to 1,053 in 2017, totaling 7,192 for the fifteen (15) years.
Based on the applicants, Samsung Electronics filed the most applications, 185, followed by Hyundai Motor filed 160 and Osstem Implant filed 61.
Based on the designated countries, China was 9.2%, US 9.1%, Japan 8.2%, EU 5.8%.
Based on goods, the most applications were filed in the fields of electric, electronic and communications equipment (13.2%) including semiconductor, display, smart phone, etc., where Korea has the advantage, followed by clothes, shoes and hats/caps (8.3%) and cosmetics and detergents (8.2%).
4. KIPO held a joint presentation of filing an application, registration and an international application
KIPO held a joint presentation of applications to be filed at home and abroad and registration matters for companies, general people and staff in the patent attorney industry in the Korea Intellectual Property Service Center on October 30, 2018.
This presentation provided information useful for securing IP, that is, the improvement matters in the law and system related to the filing of an application and registration, so that an individual applicant, company and staff in the patent attorney industry can rapidly cope with the changing domestic and foreign IP environments.
The major content are: ▲improvement of an evidentiary document of a power of attorney of a foreign corporation ▲understanding and major changes of formality examination ▲understanding of an international application according to the Patent Cooperation Treaty (PCT) and use of ePCT, [wherein the PCT international application system is to give the effect that one patent application is filed in a plurality of countries joined the PCT (152 countries joined as of October 2018) and ePCT is a web portal of WIPO introduced to electronically process the PCT work] ▲understanding and major changes of international applications through the Madrid•Hague systems, [wherein the Madrid international application system is to give the effect that one trademark application is filed in a plurality of countries joined to the Madrid Agreement (102 countries joined as of October 2018) and the Hague international application system is to give the effect that one design application is filed in a plurality of countries joined to the Hague Agreement (69 countries joined as of October 2018). These were progressed with the relevant experts’ topic presentations and questions and answers.
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KIPO held a ‘2018 intellectual property (IP) forum on next-generation semiconductors’(News Letter No. 396)
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KIPO held a ‘Design Protection Forum’ on a tour of Seoul, Busan, Daegu and Gwangju(News Letter No. 394)
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