Under what statutes, regulations, or case law are highbrow belongings rights granted? Are there regulations on how IP rights can be enforced, licensed, or otherwise transferred? Do the rights exceed the minimum required using the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)?
IP rights are granted underneath the following legislative acts:
- the Patent Act;
- the Utility Model Act;
- the Trademark Act;
- the Design Protection Act;
- the Copyright Act;
- the Act on the Protection of New Varieties of Plants;
- the Act at the Layout-Designs of Semiconductor Integrated Circuits; and
- the Unfair Competition Prevention and Trade Secret Protection Act (the Unfair Competition Act).
Protection of geographical indicators can be afforded through the Trademark Act (if registered trademarks) or via the Unfair Competition Act. There are numerous court instances recognizing exposure rights, at the same time as there is no legislative act protecting them. IP rights include patents, utility models, emblems, designs.
Semiconductor format layout rights are enforceable only after registering with the Korean Intellectual Property Office (KIPO). Plant variety safety rights are enforceable upon registration with the Korea Seed & Variety Service. Copyright and alternate secrets and techniques do now not require registration to be enforced.
IP rights may be assigned (except for the moral rights) and authorized by using agreement between the events on an exclusive or non-exclusive basis. Under the Patent Act, Utility Model Act, and the Design Protection Act, a special license is enforceable against a 3rd party if registered with the KIPO. A non-one-of-a-kind license, if registered with the KIPO, might be enforceable against a successor of the patent proper or a distinct licensee after the non-distinct license has been registered. Korean highbrow property laws meet the minimal requirements hooked up by way of the TRIPs Agreement as a trendy rely-on.
Which authorities are accountable for granting, administering, or imposing IP rights?
The KIPO is responsible for granting and administering patents, logos, designs, software fashions, and semiconductor format designs. The Korea Copyright Commission, distinctive by the Minister of Culture, Sports and Tourism, handles copyright registration and dispute decision procedures. The Korea Seed & Variety Service is liable for administering (together with granting applicable registrable IP rights) the Act at the Protection of New Varieties of Plants. The Intellectual Property Trial and Appeal Board (IPTAB) is an administrative tribunal beneath the auspices of the KIPO and manages administrative moves relating to IP rights.
Administrative actions earlier than the IPTAB include (i) appeals in opposition to KIPO’s very last rejections of programs; (ii) invalidation moves; (iii) cancellation actions; (iv) scope affirmation moves; and (v) correction movements for patents, trademarks, designs, and software models. In instances wherein importation or exportation constitutes an infringement of IP rights, the Korean Trade Commission (KTC) and the Korean Customs Service (KCS) might also force IP rights consisting of patents, emblems, designs, and copyrights. All of these IP rights are enforced via judicial proceedings carried out via the court.
Proceedings to implement IP rights
What kinds of criminal or administrative proceedings are to be had for implementing IP rights? To the quantity, your jurisdiction has each felony and administrative enforcement alternatives for IP rights. In brief, describe their interrelationship, if any. As for felony complaints about implementing IP rights (see question four). The first-example civil motion associated with patent proper, utility model right, designs, trademarks, and plant range safety is heard via one of the following district courts, depending on the place of the defendant: Seoul Central, Busan, Daegu, Daejeon, and Gwangju District Courts.