myung-shin kim managing patent attorney myung-shin & partners seoul, korea intellectual property...
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Myung-Shin KIM Managing Patent Attorney MYUNG-SHIN & PARTNERS SEOUL, KOREA
Intellectual Property Basic Law
In Korea
Poor in natural resources
Too many people for limited land space
Relatively high educational standard
Korea
1
In 1964, Korea exported U.S.$100 Million
and personal GNP was just U.S.$100.
In 2010, Korea exported U.S.$467 Billion
and personal GNP reached over U.S.$20,000.
2
It is necessary that
the Government creates an environment where
I.P. policies are the most important.
3
Aug. 30, 2005,
Inaugural Meeting of the Intellectual Property Forum
approved by the National Assembly
as a juristic entity.
4
Now it is the era of I.P.
Creation & Protection of I.P. is a shorthand way
to cultivate the talented.
Catchphrases of the I.P. Forum
5
The power of I.P. is caused by the combination &
harmonization of culture, art, science &
technology.
In the future, our only way to survive is with I.P.
I.P. is a national competitiveness.
6
The first I.P. Basic Law bill
prepared by the I.P. Forum
was submitted to the National Assembly
on July 7, 2006.
7
The second I.P. Basic Law bill,
signed by 102 members of the National Assembly
was submitted to the N.A.
on Nov. 4, 2009.
8
On Dec. 1, 2009,
the I.P. Forum made a recommendation
to the President.
An I.P. Basic Law bill
prepared by 13 government departments
was also submitted to the N.A.
on Aug. 4, 2010.
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The N.A.
amended the legislative bill based on the government version
and the I.P. Basic Law bill was passed by the N.A.,
on Apr. 29, 2011.
It was effective from Jul. 20, 2011.
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President
Presidential Councilon Intellectual Property
Secretariat
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1. To establish mid & long term policy goals and
directions for facilitating the creation, protection,
utilization and enhancing the base of I.P.
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Role of
Presidential Council on Intellectual Property
2. To adjust on I.P. policies by each administrative
Ministry
3. To screen the bills for enactment or amendment
of related I.P. laws and regulations
4. To establish an evaluation system for I.P. value
13
According to Art. 21, Para. 1
"Simplification of the Litigation Proceedings"
of the I.P. Basic Law,
it is necessary
to reconsider the judicial system on I.P. cases in Korea.
14
Procedure for Patent Infringement Suits in Korea
District Court
Supreme Court
High Court
: 1st Instance
: 2nd Instance
: 3rd Instance
15
Procedure for Patent Invalidation Suits in Korea
Patent Tribunal
Supreme Court
Patent Court
: 1st Instance
: 2nd Instance
: 3rd Instance
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U.S.A. : In 1982, C.A.F.C. as 2nd Instance
JAPAN : In 2005, Tokyo I.P. District & High Court
U.K. : In 1978, Patent Court
FRANCE : In 2009, only Paris District Court among
185 District Courts
TAIWAN : In 2008, Taipei I.P. High Court
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My Proposal for Legal Procedures for Patent Suits
Seoul District CourtDaejeon District Court
Supreme Court
Patent Court
: 1st Instance
: 2nd Instance
: 3rd Instance
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According to Art. 21, Para. 2
"Expert in Dispute Solution" of the I.P. Basic Law,
I think that
the Patent Attorney must be paticipated
in Patent Infringement suits with lawyer at law
19
I hope that
a reasonable valuation method for I.P.
is developed and
an organization to evaluate the value of I.P.
is established.
20
Bank Loans based on I.P. assessment
issued by an I.P. evaluation organization.
The risk a bank takes must be supported
by the I.P. Insurance Corp.
21
My Proposal
Korea's future industries and international competitiveness
will be influenced by the successful operation
of the I.P. Basic Law.
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The only way that Korea can survive in the future
is through I.P. and
I.P. itself is a national competitiveness.
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