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					Italian Intellectual Property Rights DESK in the Republic of Korea

Welcome to our 8th Newsletter! This is the IPRs DESK at the Italian Trade Commission, the Trade Promotion Section of the Italian Embassy in Seoul. The 3rd Korea and Italy Forum will be held on December 11 and 12, co-hosted by the Italian Embassy in Korea and the Korea Foundation. At the same time, IPRs DESK will be ready to release its 4th report on “Intellectual Property Guide in the Republic of Korea”. For more information we invite you to write us to iprdesk.seoul@ice.it or deskiprs@korea.com. We hope our newsletter to provide you with even more valuable and relevant references. Should you have any comments and recommendations, please do not hesitate to contact us. Best regards, IPRs DESK
IPRs DESK at the Italian Trade Commission, Seoul Office 23rd Fl., Olive Tower, 135 Seosomun-dong, Chung-ku, Seoul, 100-737, Republic of Korea Tel: (822) 757-3102/3, Fax :(822) 757-3104 E-mail: iprdesk.seoul@ice.it; deskiprs@korea.com

Newsletter n.8
Seoul, November 2008

Italian Intellectual Property Rights DESK in the Republic of Korea
Recent Trademark Cases
- Ferragamo Recently, Salvatore Ferragamo, Italian luxury goods maker, has got meaningful judgments from Seoul Central District Court and Korean Supreme Court. In October 2005, Ferragamo filed a trial to confirm the scope of a trademark right against a Korean shoe maker, Daeho Corporation, before Intellectual Property Tribunal stating that Daeho’s emblem was similar to Ferragamo’s trademark. And after the decision, Daeho appealed to the Patent Court. After the Patent Court’s decision supporting Ferragamo again, Daeho appealed to the Supreme Court. Finally on 9 October, the Supreme Court ruled that a design displayed on shoes is an indication of source and can be considered a trademark. So Daeho’s use of the design on shoes was definitely recognized as a trademark infringement case. Apart from the above-mentioned case, Seoul Central District Court released completely opposite decision compared to 8 years ago. In 2000, in the ruling of a lawsuit for a compensation for damages filed by Ferragamo against Daeho, Seoul Central District Court decided that Daeho’s emblem looked similar to Ferragamo’s one but it did not incur ordinary consumer’s confusion. However, on 18 September 2008, the same Court ruled that Ferragamo’s -shape-mark is recognized by local customers, so the use of a similar mark violates Ferragamo’s trademark. The Court sentenced that Daeho should notify the ruling on daily newspapers for rehabilitation of Ferragamo’s reputation and 200 million KW as a compensation for damages (2007 GAHAP 82627). From http://news.chosun.com/ http://www.yonhapnews.co.kr/
IPRs DESK at the Italian Trade Commission, Seoul Office 23rd Fl., Olive Tower, 135 Seosomun-dong, Chung-ku, Seoul, 100-737, Republic of Korea Tel: (822) 757-3102/3, Fax :(822) 757-3104 E-mail: iprdesk.seoul@ice.it; deskiprs@korea.com

Newsletter n.8
Seoul, November 2008

Italian Intellectual Property Rights DESK in the Republic of Korea
- Burberry The use of Burberry’s check pattern is unfair competition, the Seoul Central District Court issued on September 11. In the lawsuit for a preliminary injunction against trademark infringement filed by Burberry, the Court ruled that the check pattern is widely known as Burberry’ check, so the use of check pattern as design falls into trademark infringement. From http://www.hankyung.com - Louis Vuitton The Seoul Central District Court supported Louis Vuitton in the lawsuit for injunction against trademark infringement on September 12. The Court ruled that, even though the defendant used four registered trademarks (flower, diamond and two LV shapes), if the combination of those marks looks similar to the Louis Vuitton’s trademark, this is an infringement of the Louis Vuitton’s trademark. The Court stated that the combination of these registered marks with the intention of making them similar to Louis Vuitton’s trademark is an abuse of right. From http://www.lawtimes.co.kr
IPRs DESK at the Italian Trade Commission, Seoul Office 23rd Fl., Olive Tower, 135 Seosomun-dong, Chung-ku, Seoul, 100-737, Republic of Korea Tel: (822) 757-3102/3, Fax :(822) 757-3104 E-mail: iprdesk.seoul@ice.it; deskiprs@korea.com

Korea Customs Service
- Destruction of Confiscated Goods On October 7, the Incheon Customs Office destroyed 20 tons of confiscated goods per 1 billion KW (specially, agricultural goods from China and Trademark Act violating goods). - Increase of Counterfeiting Good Disposal As well, on October 1st, the Seoul Customs Office disposed of trademark counterfeiting goods from several countries including China. Totally, 15,115 goods were discarded per 10 billion KW as current price of authentic products. Recently, since the enforcement on fake products has been strengthened, disclosure of counterfeiting products is even more relevant. In 2007, 44 tons of fake goods were disposed (equivalent to 7.2 billion KW) and, as of August 2008, 20 tons of counterfeiting products were discarded (equivalent to 15.3 billion KW). The Seoul Customs Office is planning to crack down fake good manufacturing networks which import semi-finished parts and assemble them into end products. Currently, the Office is conducting a particular crack-down on cyber illegal trades including infringements of copyright, design, patent as well as trademark rights. From http://www.customs.go.kr/ Newsletter n.8
Seoul, November 2008

Italian Intellectual Property Rights DESK in the Republic of Korea
Korea Intellectual Property Office
- The 2nd IP5 Head Meeting in Jeju, Korea On October 27 and 28, the Meeting of the worldwide five biggest patent offices’ (Korea, Europe, Japan, China and U.S.) leaders and working-level members was held in Jeju, Korea. This was the second meeting in succession of last year’s one in Hawaii in May 2007. Last year, 9 matters were discussed in the meeting including mastering workload, exploring exploitation of work, measuring and improving quality production and productivity. In Jeju, the IP5 agreed to adopt the vision statement of work-sharing to eliminate unnecessary duplications of work among the offices, enhance patent examination efficiency and quality, guarantee the stability of patent rights. The offices set forth 10 Foundation Projects as follows: Common Documentation Database, Common Approach for a Hybrid Classification, Common Application Format, Common Access to Search and Examination Results, Common Training Policy, Mutual Machine Translation, Common Rules for Examination Practice and Quality Control, Common Statistical Parameter System for Examination, Common Approach to Sharing and Documenting Search Strategies and Common Search and Examination Support Tools. Each office will be in charge of two Projects. KIPO will manage “Common Training Policy” and “Mutual Machine Translation”. From http://www.kipo.go.kr
IPRs DESK at the Italian Trade Commission, Seoul Office 23rd Fl., Olive Tower, 135 Seosomun-dong, Chung-ku, Seoul, 100-737, Republic of Korea Tel: (822) 757-3102/3, Fax :(822) 757-3104 E-mail: iprdesk.seoul@ice.it; deskiprs@korea.com

- 2008 Best Trademark Awards and Design & Right Fair Recently, KIPO held “2008 Best Trademark Awards” to spread the importance of trademarks among the public and encourage the creation of distinguished trademarks. Enterprise which wanted to participate in a competition should hold a registered trademark within recent 10 years and could file an application by the end of October. KIPO is planning to select 30 trademarks on the basis of a novel naming strategy, efficiency to memorize and pronounce, plus aesthetic appreciation. Prizewinning trademarks will be able to use a certification mark and have chances to exhibit on the “2008 Trademark Design Exhibition” in COEX in December. The result of the awards will be released on December 4. KIPO held “2008 Design & Right Fair” to introduce prominent designs of universities and general public to main design companies and to cultivate designers who are aware of design rights. Selected designs will be announced on November 26 and will be displayed in the “2008 Trademark Design Exhibition” in COEX in December, too. From http://www.kipo.go.kr

Newsletter n.8
Seoul, November 2008

Italian Intellectual Property Rights DESK in the Republic of Korea
- Electronic Exchange of Priority Documents between KIPO and USPTO KIPO and USPTO launched the Electronic Exchange of Priority Documents Plan on 14 October. Under this new system, applicants can lift burdens to submit priority documents by themselves and patent offices can simplify examination procedures with electronic systems. This system will be applied to applications claiming priority under the Paris Convention. To be benefitted from the system, applicants should state the priority numbers on the application forms or submit the documents which mention such numbers. But in case the original application is not released on laying-open gazette yet, “Authorization to permit access to application by participating office” has to be submitted. From http://www.kipo.go.kr - Custom-made 3-track Examination Service Since October 1st, a patent applicant before KIPO can choose a timing to commence the examination of an application among “accelerated-track”, “normaltrack” and “delayed-track”. Previous “accelerated examination” was practicable to limited applications but the new “fast-track examination” can be adapted to any application with submitting a prior art search report which was conducted by accredited searching companies. Under the new “accelerated-track examination”, an applicant can get an office action within 3 months. To facilitate “delayed-track examination” KIPO introduced “suspension system of examination”. An applicant, who wants to get examination later for some reasons such as timing to commercialize the technology and marketability search, can choose the right timing for KIPO to commence the examination among the period “from 18 months from the filing date to 5 years from the filing date”. And the applicant will get the office action within 3 months from the date on which the examination started. With the “normal-track examination”, the office action will be released within 16 months. From http://www.kipo.go.kr
IPRs DESK at the Italian Trade Commission, Seoul Office 23rd Fl., Olive Tower, 135 Seosomun-dong, Chung-ku, Seoul, 100-737, Republic of Korea Tel: (822) 757-3102/3, Fax :(822) 757-3104 E-mail: iprdesk.seoul@ice.it; deskiprs@korea.com

Newsletter n.8
Seoul, November 2008

Italian Intellectual Property Rights DESK in the Republic of Korea
EPO & OHIM
- PPH between EPO and USPTO European Patent Office (EPO) and United States Patent and Trademark Office (USPTO) launched the Patent Prosecution Highway (PPH) on September 29 for one year trial period. The PPH will leverage fasttrack patent examination procedures already available in both offices to allow applicants to obtain corresponding patents faster and more efficiently. It also will permit each office to exploit the work previously done by the other office and reduce duplication. Currently, USPTO has been operating PPH pilot program with KIPO (Korea), UK-IPO (United Kingdom), CIPO (Canada) and IP-AU (Australia) and full-time program with JPO (Japan). EPO has been operating Utilisation Pilot Project with several European local patent offices in Denmark, Germany, Austria and UK. From http://www.uspto.gov/ - New OHIM Directors The Office of Harmonization for the Internal Market (OHIM), even known as the Trade Marks and Designs Registration Office of The European Union, appointed Miguel Angel Villarroya as Director of the newly-created General Services Department, and Andrea Di Carlo as Director of the Institutional Affairs and External Relations Department (formerly General Affairs and External Relations Department).
IPRs DESK at the Italian Trade Commission, Seoul Office 23rd Fl., Olive Tower, 135 Seosomun-dong, Chung-ku, Seoul, 100-737, Republic of Korea Tel: (822) 757-3102/3, Fax :(822) 757-3104 E-mail: iprdesk.seoul@ice.it; deskiprs@korea.com

- OHIM “e-mail alerts” service Last month OHIM launched the “e-mail alerts” service which has two special options: News and Legal References. Users choosing “News” will receive a compilation of news from the OHIM’s official website. And users selecting “Legal References” will deal with Decisions and Communications of OHIM President and changes of the Manual of Trade Mark Practice. Alerts will be monthly issued on first Fridays. - "Fast-track" design registrations On September 23 2008, OHIM introduced a “fasttrack” registration for Community designs. To go through a “fast-track” registration system, the e-filing (or filing via mail) is preferred, the fees must be paid by current account; the application does not have to claim successive priorities, but it must be filed with all the priority documents at once. According to the latest statistics, around 30% of the Community designs were registered in ten days under the “fast-track” registration system from its launch, while general applications took about six weeks. The “fast-track” registration system is expected to become more efficient and faster after the implementation of the new e-filing system for Community designs. Other ways of payment, such as credit cards, will be allowed thanks to the new e-filing system. From http://oami.europa.eu Newsletter n.8
Seoul, November 2008

Italian Intellectual Property Rights DESK in the Republic of Korea
World Intellectual Property Organization
To celebrate the 50th anniversary of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Lisbon Agreement), the WIPO and the National Institute of Industrial Property (INPI) of Portugal held a Forum on Geographical Indications and Appellations of Origin in Lisbon on October 30-31, 2008. The Lisbon System was established under the Lisbon Agreement in 1958 in order to facilitate the international protection of appellations of origin and became operational in 1966. The system is administered by the International Bureau of WIPO and offers the possibility of obtaining the protection of appellations of origin in 25 contracting parties to the Lisbon Agreement (excluding the country of origin) by using one single registration procedure. The Republic of Korea has not joined the Agreement, while the Democratic People’s Republic of Korea joined on January 4, 2005. Appellation of Origin is the geographical name of a country, region or locality which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. “Prosciutto di Parma” from Italy and “Champagne” from France are famous examples. Geographical indications can be a guarantee of the quality to consumers, so false use of geographical indications by unauthorized parties can cause damages to consumers’ belief and rightful producers. In the Republic of Korea, Geographical Indications are protected under the Trademark Act as Collective Marks. The main issues of the Forum were possible improvements to the Lisbon system, new challenges, as well as protection and international registration of geographical indications and appellations originating in developing countries. From http://www.wipo.int

IPRs DESK at the Italian Trade Commission, Seoul Office 23rd Fl., Olive Tower, 135 Seosomun-dong, Chung-ku, Seoul, 100-737, Republic of Korea Tel: (822) 757-3102/3, Fax :(822) 757-3104 E-mail: iprdesk.seoul@ice.it; deskiprs@korea.com

Newsletter n.8
Seoul, November 2008


				
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