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At-a-glance: Korean Intellectual Property Office (KIPO) Government Complex Daejeon Bldg. 4, 189 Cheongsa-ro, Seo-gu, Daejeon, 302-701, South Korea Tel: +82 42 481 8555 Email: kipoicd@kipo.go.kr Website: www.kipo.go.kr The global economic downturn... [more]

The global economic downturn did not affect the South Korean economy as much as other countries. The Korean Intellectual Property Office (KIPO) reported an increase in patent and trade mark applications in 2012 of 8% and 7% respectively, an indication that companies remain committed to developing new technologies and brands through R&D investment.

The Apple versus Samsung patent and design disputes have raised the awareness of IP protection in Korea with IP practitioners expecting an increase in litigation work. Samsung Electronics vs LG Display is the latest case gripping Korea. For the unsuspecting consumer the outcome of these cases may have a huge bearing on consumer choice, given that products may be taken off the market.

The Korea-US Free Trade Agreement (KORUS FTA) has prompted amendments to both the Patent Act and Trade Mark Act. Changes to these laws will have a significant impact on IP in Korea.

Under the amended Patent Act, a patent term may be extended to compensate for unreasonable delays during the prosecution process where the delay is caused by KIPO. Any delay caused by the applicant will be excluded from the patent term adjustment period. Also, the novelty grace period for preserving the novelty of an invention has been extended from six months to 12 months and brings Korea in line with the standards under the Substantive Patent Law Treaty.

A new provision regarding protective orders for trade secrets acquired during a patent litigation case is in place with the court able to order a party to keep trade secrets confidential and punish parties who violate the order. Also under the amendments the patent revocation provision has been abolished, where previously a patent that was not practiced in Korea for more than two consecutive years from granting could be revoked by KIPO.

Changes were also made to the Trade Mark Act, adding protection for non-traditional trade marks like sound and smell. Under the amended Trade Mark Act, although sound and smell are not visually recognisable, as long as they are capable of visual representation, it can be protected. It is now possible to apply for a certification mark allowing the person who obtained permission from the owner of the certification mark right to use, thus certifying the characteristics of the goods and services.

The final amendment to the Trade Mark Act is the provision that provides a new ground for rejecting or invalidating a registration based on lack of intent to use.