1. IP in KOREA - Overview of the Existing IP System - 21 August 2008 Lee, Hyun-Song

2. 1 Table of Contents Overview of IP Industrial Property Copyright and Related Rights Neo-IPs

3. Overview of IP

4. 3 Concept of Intellectual Property Intellectual Property –Types of property that result from creations of the human mind –“Literary artistic and scientific works; performances of performing artists, phonograms, and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.” (Convention Establishing the World Intellectual Property Organization, Signed at Stockholm on July 14, 1967; Article 2, § viii)

5. 4 Intellectual or Industrial? IP is Intellectual property –Industrial property + copyright and related rights Industrial property : protecting ideas Copyright: protecting expressions of ideas

6. 5 Categories of IP in KOREA Industrial Property –Patent (with plant variety) –Utility model –Trademark –Industrial design Copyright and related rights Neo-IPs –Layout design of semiconductor integrated circuits –Prevention of unfair competition and protection of trade secrets –Geographical indication –Computer program and business method

7. 6 IP in KOREA by Function Protection of the creation –Patent –Utility model –Industrial design –Copyright –Layout design of semiconductor IC –Computer program and business method –Plant variety Protection of the market order –Trademark –Geographical indication –Prevention of unfair competition and protection of trade secrets

8. 7 IP in KOREA - Comparison Patent Utility model TrademarkDesign Copy right TargetInvention Distinctive mark Appearance (shape, color) Literary, artistic works Register 10~16 month 5-9 month6~7 month Instantane ously Term 20 years from filing 10 years from filing 10 years from registering 15 years from registering 50 years

9. 8 Characteristics of IP in KOREA Should be registered –Examination by government office Exception: copyright and trade secret –Publication of the right and right holder Limited term of protection –Public domain after expiration of right Most Internationalized –Harmonization –Paris convention, WTO/TRIPs, PCT, Madrid

10. 9 Legal Protection of IP in KOREA The Constitution of the Republic of Korea article 22(2) –The rights of authors, inventors, scientists, engineers and artists shall be protected by Act. Related act –Patent Act, Utility model Act, Trademark Act, Industrial design protection Act, Unfair competition prevention and trade secret protection Act, Semiconductor integrated circuits layout design act, Copyright Act –WTO/TRIPs, Paris convention, PCT, Madrid protocol

11. 10 IP Management System in KOREA Intellectual property Neo-IPs Patent (including plant variety) Utility model Industrial design Trademark : Korean Intellectual Property Office : Ministry of Culture, Sports and Tourism Industrial property Copyright and related rights Computer program Layout design of semiconductor integrated circuits Prevention of unfair competition Protection of trade secrets Geographical Indications Business method

12. Industrial Property

13. 12 Industrial Property Patent –Engine, brake, transmission Utility model –Cup holder, rear view mirror, door Trademark –Optra, Sonata –KIA, Toyata Industrial design –Shape, chair

14. 13 Patent (1) Objective –To encourage, protect and utilize inventions, thereby improving and developing technology, and to contribute to the development of industry

15. 14 Patent (2) Invention in patent –The highly advanced creation of a technical idea using the rules of nature The rules of nature itself (X), perpetual mobile (X), Psychological law (X), Economic law (X) Computer program (?), Business Method (?) Invention is utility model –The creation of a technical idea using the rules of nature Protect only for device (not process nor material)

16. 15 Patent (3) Characteristics of patent of Korea –First to file or first to invent? First to file –Claim of priority –Publication of application –Request for examination –Invalidation trial –Expedited examination –Converted application

17. 16 Patent (4) Conditions for patent –Novelty Publicly known or worked before the filing (X) Described in a publication before the filing (X) –Inventive step/Non-obviousness Easily made by a person with ordinary skill in the art (X) –Industrial applicability Diagnostic, therapeutic procedure (X) Medical device, medicine (O) Reproducible

18. 17 Patent (5) Patent right –20 years after the filing date of the patent application –Enter into effect upon the establishment of the patent registration –Patentee has an exclusive right to work a patented invention commercially and industrially Acts of manufacturing, using, assigning, leasing, importing, or offering for assignment or lease –Parallel imports –Extinguishment of patent right Expiration of term, fail to pay patent fee, abandonment, in case of no successor Invalidation, cancellation

19. 18 Trademark (1) Definition –A sign, a character, a figure, a three- dimensional shape or any combination of these; or other visually recognizable constructs Used on a goods related to the business of a person who conducts business activities to distinguish them from the goods of others * with KORUS FTA, sound marks, scent mark will be allowable to be a trademark

20. 19 Trademark (2) Function of trademark –Identification (Indication of origin) –Quality –Communication

21. 20 Trademark (3) Kind of trademark in KOREA –Trademark TV, telephone –Service mark Bank, hotel –Collective mark Geographical indication –Business emblem Nonprofit business

22. 21 Trademark (4) Characteristics of Trademark in KOREA –Principle of registration (Principle of use) –First to file System (First to use system) –Substantive examination system

23. 22 Trademark (5) “Unregisterable” Trademark –Deceptive and descriptive mark –Signs contrary to morality or public order –Emblems of nations or intergovernmental organizations

24. 23 Trademark (6) Trademark right –10 years after the registration date Can be extended as long as wanted –Exclusive right for the designated goods –Limitation of trademark right A person’s name Common name, origin, quality, quantity Used trademark before filing Trademark and Domain Name

25. 24 Industrial Design (1) Definition –The shape, pattern, color or a combination of these in an article that produce an aesthetic impression in the sense of sight (including calligraphy)

26. 25 Industrial Design (2) Condition –Industrial applicability Industrial manufacturability Pure art by copyright –Novelty Publicly known or used before the filing (X) Described in a publication before the filing (X) –Non-obviousness

27. 26 Industrial Design (3) Special features of ID in KOREA –Similar designs Similar design to the owner’s design –Design of a set of articles A design of a set of articles –Secret designs Be kept secret for 3 years by request –Unexamined design registration Textile –Partial design

28. 27 Industrial Design (5) Industrial design right –15 years after the registration –Exclusive right to commercially and industrially work the registered design and a similar design

29. Copyright and Related Rights

30. 29 Copyright (1) Condition –Literary and artistic creations Music, painting, book, film, etc –Originality –Expression of ideas Category by expression –Poet, novel, article, script –Music –Drama, dancing, pantomime –Painting, calligraphy, sculpture, cartoon –A design drawing of building, a building model –Photo –Film –Map, diagram, model, graph, 3D model

31. 30 Copyright (2) Secondary copyright –Translation, arrangement, visualization –Need a consent from original copyright holder –Protected independent from the original

32. 31 Copyright (3) Protection start from the creation of the work –Expired after 50 years after the author’s death With KORUS, 50 to 70 years –Registration not required for protection –Exceptions Internal copy for justice, legislation, administration Textbook News and quotation for research Reproduction for non-profit purpose Copy for personal use

33. 32 Related Rights Performance Phonogram Broadcasting Expired after 50 years after the first authorized publication –With KORUS, 50 to 70 years

34. Neo-IPs

35. 34 Layout Design of Semiconductor IC Layout design, Circuit Layout, Mask Work –Need independent protection system Not fully protected by patent nor copyright Establishment (1992) –Protect creative layout design for 10 years –Scope Layout design Semiconductor IC produced by the layout design Goods including computer manufactured from the semiconductor IC

36. 35 Prevention of Unfair Competition An act of causing confusion with another person’s goods An act of causing confusing with another person’s commercial facilities or activities An act of doing damage to distinctiveness or reputation attached to another person’s sign Misleading source of origin, place of production, quality, quantity

37. 36 Protection of Trade Secrets Any confidential information or undisclosed information –Disclosed –Considerable effort to maintain secrecy –Independent economic value Civil remedy –Injunction against infringement of trade secret/Liability/Restoration of reputation Criminal sanction

38. 37 Geographical Indications An indication that identifies a good as originating in a certain region where a given quality, reputation or other characteristics of the good is essentially attributable to that region –Tequila, Korea Ginseng Two system –Collective mark for a geographical indication (Exclusive, civil measures) –Agricultural quality control act

39. 38 Computer Program Background –Easy to copy Patent protect only hardware –“function” through “expression” Start to protect –1988 computer program protection Act –Also protected by copyright –Also protected by patent Apparatus type claim may be acceptable –A machine for transforming a signal …… –A CD contains translation program ……

40. 39 Business Method Economic importance of e-commerce –Auction, e-Bay, Amazon Business Method –In case of managing business for the purpose of benefit, means, business idea, etc. for achieving the purpose Business Method (BM) is in the patent area BMI (Business Method Invention), BMP(BM Patent) –Invention embodying idea of BM in concrete technical means having industrial applicability, based on technology of computer, communication, internet. –BMP = Business Model + Computer-technology (HW+SW) More than 3000 application per year since 2000

41. Thank you Lee, Hyun-Song hyunsong@kipo.go.kr Tel: +82-(42)-481-5065 Fax: +82-(42)-472-3459