Myung-Shin KIM Managing Patent Attorney MYUNG-SHIN & PARTNERS SEOUL, KOREA Intellectual Property...

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.

9

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.

10

President

Presidential Councilon Intellectual Property

Secretariat

11

1. To establish mid & long term policy goals and

directions for facilitating the creation, protection,

utilization and enhancing the base of I.P.

12

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

16

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

17

My Proposal for Legal Procedures for Patent Suits

Seoul District CourtDaejeon District Court

Supreme Court

Patent Court

: 1st Instance

: 2nd Instance

: 3rd Instance

18

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.

22

The only way that Korea can survive in the future

is through I.P. and

 I.P. itself is a national competitiveness.

23