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Yoon-Sun Cho, Protection of IP Brand & Technology May 29, 2004 2004 Global Summit of Women.

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Presentation on theme: "Yoon-Sun Cho, Protection of IP Brand & Technology May 29, 2004 2004 Global Summit of Women."— Presentation transcript:

1 Yoon-Sun Cho, Protection of IP Brand & Technology May 29, 2004 2004 Global Summit of Women

2 1 / 6 Patent  Protect Your Technology by Patent.  Build up your patent portfolio.  Value of Korean patents has increased.  Korean market has enlarged.  Develop your R&D plan based on patent search.  Protect your R&D result with patent.  Enforce your patent aggressively.  Civil & criminal remedies available.  Damages awards for patent infringement have been expanded.

3 2 / 6 Trade Secret  Protect Your Technology by Trade Secret under the Unfair Competition Prevention and Trade Secret Protection Act (UCPA).  Maintenance Efforts Required.  Reinforce internal regulation.  Systemize management of confidential information.  Execute confidentiality agreement with employees.  Criminal & Civil Remedies Available.

4 3 / 6 Brand & Trademark  Protect Your Brand by Obtaining Trademark or Service Mark Registrations.  Build up Your Trademark Portfolio.  Build up trademark portfolio prior to launching a product and brand.  Use/Maintain Trademarks.  Make efforts to prevent your trademark from becoming generic. (e.g., Vaseline, Jeep, Aspirin)  Use your trademark to avoid cancellation due to non-use.  Use your trademark as registered.  Enforce Your Trademark Aggressively

5 4 / 6 Trademarks  Enforce of Trademark  Warning Letter/Warning Advertisement  Criminal Raid and Prosecution  Civil Injunction/Damage Compensation  Preliminary Attachment  Border Enforcement measures  Register your mark with Customs Office.

6 5 / 6 Design & Trade Dress  Source of Protection  Registration :Design Act  Fame :Unfair Competition Prevention Act  Conduct a Right-to-use Search  before launching a product.  before launching a promotional item.  Register Your Design  Novelty requirement

7 6 / 6 Design & Trade Dress  Protection of Trade Dress under UCPA  Identifier (mark, design, product container, packaging, etc.) is well known IN KOREA as source identifier.  The infringing identifier is confusingly similar.  Protection from Dead Copy under UCPA from July 21, 2004  Shape (Appearance, Color, etc.)  3 years from first created


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