Main Intellectual Property System revisions for 2017

2017/09/27

 

(1) Shortened period for requesting patent examination

The period for requesting a patent examination is shortened from 5 years to within 3 years (from the patent application date). Patent invention right is to be promptly determined (effective March 2017).

 

(2) Enforcement of Request for Patent Cancellation system

In order to avoid insufficient patents, the system is improved in that anyone can request cancellation of a patent from the registration date of the establishment of a patent right to within 6 months after the registration publication date (effective September 2017).

 

(3) Expansion of period and timing of insisting on exceptions to lack of novelty of design

The period for insisting on exceptions to lack of novelty of design is changed to within 12 months from the publication date of a design and, regarding timing of insisting on exceptions to lack of novelty of design, such is now possible before registration is decided (effective September 2017).

 

(4) Adjustment to timing regarding withdrawal of a request for correction of invalidation trial

In order for an object of an invalidation trial to be decided early, the system has been improved in that withdrawal of a request for correction will only be possible within the period of request for correction + 1 month or within the submission period for a response against a notice of disapproval of correction (effective March 2017).

* Before such revision, withdrawal of a request for correction was accepted at anytime.

 

(5) Enforcement of regulation on litigant’s request for suspending procedure

In the case that a trial related to a corresponding lawsuit is pending during a lawsuit at court, a litigant can request a suspension of litigation procedures (effective March 2017).

* Previously, the court could suspend such litigation procedure Ex Officio before revision.

 

(6) Introduction of regulation on criminal punishment in relation to stealing designs

Criminal punishment for Dead Copy acts which are of the same level as reproduction is introduced to prevent the indiscriminate stealing of designs (effective July 2017).

* Revision of law (plan) regarding repression of unfair competition and trade secret protection

 

(7) Strengthening of civil and criminal liability regarding trade secret piracy

The upper limit amount is increased to effectively protect against trade secret piracy, and refusal of request for return of a pirated trade secret, etc. are included as subjects of punishment (effective July 2017).

* Revision of law (plan) regarding repression of unfair competition and trade secret protection

 

(8) Strengthening of monetary penalties for trademark law infringements

The monetary penalties for the crime of perjury, crime of false indication or crime of fraud among the Trademark Act’s penalty clause are strengthened (effective September 2017).

* (Article 232, Crime of Perjury) punishable by imprisonment with labor for not more than five years or by a fine not exceeding ten million won → punishable by imprisonment with labor for not more than five years or by a fine not exceeding fifty million won

 

(9) Abolition of describing English name of invention at the time of entering into PCT national phase

An applicant’s duty to describe the ’English name of the invention (device)’ of describing ‘…written or description under Article 203’ when he/she submits an application in order to enter into the national phase is abolished (effective March 2017).

Share on Facebook
Share on Twitter
Please reload

COPYRIGHT(c) 2009 MOON & MOON INTERNATIONAL. ALL RIGHTS RESERVED.

  • Grey Facebook Icon