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KIPO announced the systems and support policies to be changed in 2019(News Letter No. 402)

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KH

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2019-02-18

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1. KIPO announced the systems and support policies to be changed in 2019

On January 1, 2019, the Korean Intellectual Property Office (KIPO) announced the ‘IP systems and support policies which will be newly changed in 2019?with the main points of introducing a system of appointing a public agent for a patent trial, operating a system of punitive compensation for damage and carrying forward a measure for IP financing activation.

Introduction of the system of appointing a public agent for a patent trial: Appointing of a public agent is supported for the social?economically weak (such as a small company, a medium company being in a dispute with a big company, a youth founder, a disabled person, etc.) that is vulnerable to IP protection and the trial fees of the one that is appointed as a public agent is reduced (effective in July 2019).

Automatic return of the patent fees erroneously paid: In the previous relevant procedures, the patent fees erroneously paid were returned upon a request for return made by an applicant. However, the procedures for returning the patent fees erroneously paid have been improved such that, if the applicant registers a bank account in advance, the amount to be returned is deposited to the relevant bank account, without any request for return (effective in January 2019).

Simplification of international patent application filing procedures: The procedures to file an international patent application according to the Patent Cooperation Treaty (PCT) is simplified to be done all together in the international patent application filing site (e-PCT) of the World Intellectual Property Organization (WIPO) (effective in January 2019).


2. KIPO makes the design system easier and in greater detail

Starting January, KIPO has enforced the design examination standards to ease design registration requirements by reflecting the transaction reality of the design industry and to newly establish detailed examination standards by article items regarding the special designs, such as letter styles (format) or foods, to maintain consistency in examination.

This revision of the design examination standards eases the regulations of the main requirements which are directly and highly relevant to the making of an application, thereby enabling a design right to be more easily and faster secured.

The requirements for expressing a partial design are somewhat eased such that an image of a product universally used in the relevant industry can be used in an application.

The unclear requirements for describing names of articles are changed such that an applicant can easily understand the requirements.

To consider unique characteristics by article items that were not included in the previous design examination standards, the detailed examination standards are newly prepared for a design with unique characteristics, such as letter styles (format), foods, etc., to be handled distinctively from general articles.

The examination standards for food designs are prepared in detail by clarifying the definition of a food design, providing an example(s) and preparing criteria of determination of food accessories, to propose the direction in creating food design.


3.KIPO fully starts the biggest administration Hallyu (Korean wave) export to Saudi Arabia

As a strategic partner, KIPO joins in an IP ecosystem construction project to carry out the ‘Vision 2030?which is a national growth strategy of Saudi Arabia.

Mr. Won-joo Park, the Commissioner of KIPO, and Mr. AlSwailem, Commissioner of Saudi Patent Office, had a IP-area high-level meeting in the Signiel Hotel (in Seoul) on January 9, 2019 and signed a Korea-Soudi IP cooperation implementation plan to be a blueprint of a future IP cooperative project between the two.

The core subjects regarding the type, range and period, etc. of the project to be carried forwarded by the two country governments together for Saudi’s innovation-friendly IP ecosystem construction are confirmed through this implementation plan including the cooperative programs, such as establishment and execution of national IP strategies, development of patent administrative information systems, training of IP professional manpower, etc..


4. A trademark•design presentation for communication was held

-Examination standards regarding trademarks imitating famous characters, character styles (format) and foods, which are taking effect this year, were introduced.

KIPO held a presentation to introduce the 2019 newly revised trademark and design systems in Korea Intellectual Property Service Center on January 15.

This presentation introduced the revised matters to the trademark examination standards and design examination standards and the changed matters to the goods classification notice and the article list notice, which are taking effect this year.

In the trademark field, the examination standards are strengthened regarding an application for a trademark imitating a famous character or a name of a famous character. Further, the regulations to reject an application for a trademark, like a word with high public benefit, for example, “YOLO?or “K-POP? are strengthened to prevent such a word from being monopolized by a specific person.

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