Protection of IP Brand

1
Protection of IP Brand Technology
2004 Global Summit of Women

• May 29, 2004

2
Patent

• Protect Your Technology by Patent.
• Build up your patent portfolio.
• Value of Korean patents has increased.
• Korean market has enlarged.
• Develop your RD plan based on patent search.
• Protect your RD result with patent.
• Enforce your patent aggressively.
• Civil criminal remedies available.
• Damages awards for patent infringement have been
  expanded.

3
Trade Secret

• Protect Your Technology by Trade Secret under the
  Unfair Competition Prevention and Trade Secret
  Protection Act (UCPA).
• Maintenance Efforts Required.
• Reinforce internal regulation.
• Systemize management of confidential information.
• Execute confidentiality agreement with employees.
• Criminal Civil Remedies Available.

4
Brand Trademark

• Protect Your Brand by Obtaining Trademark or
  Service Mark Registrations.
• Build up Your Trademark Portfolio.
• Build up trademark portfolio prior to launching a
  product and brand.
• Use/Maintain Trademarks.
• Make efforts to prevent your trademark from
  becoming generic.
• (e.g., Vaseline, Jeep, Aspirin)
• Use your trademark to avoid cancellation due to
  non-use.
• Use your trademark as registered.
• Enforce Your Trademark Aggressively

5
Trademarks

• Enforce of Trademark
• Warning Letter/Warning Advertisement
• Criminal Raid and Prosecution
• Civil Injunction/Damage Compensation
• Preliminary Attachment
• Border Enforcement measures
• Register your mark with Customs Office.

6
Design Trade Dress

• Source of Protection
• Registration Design Act
• Fame Unfair Competition Prevention
  Act
• Conduct a Right-to-use Search
• before launching a product.
• before launching a promotional item.
• Register Your Design
• Novelty requirement

7
Design Trade Dress

• Protection of Trade Dress under UCPA
• Identifier (mark, design, product container,
  packaging, etc.) is well known IN KOREA as source
  identifier.
• The infringing identifier is confusingly similar.
• Protection from Dead Copy under UCPA from July
  21, 2004
• Shape (Appearance, Color, etc.)
• 3 years from first created