New IP Laws Will Take Effect on July 1, 2001

Recently, legislative bills to amend the Korean intellectual property legislations have been passed by the legislators and promulgated. Most provisions of the new laws will take effect on July 1st this year, but some of the minor provisions already took effect as of February 3, 2001.

A. PATENT ACT

By the amendments, the patent system in Korea will become more user-friendly. For example, under the new system, more opportunities for amendment to pending patent applications will be allowed. Corrections of or addition to the information provided for claiming priority based on the Paris Convention will be allowed. Novelty provisions have been changed to reflect the wide-spread use of the internet. The scope of disclosures not destroying the novelty has been extended.
Summarized below are the changes of the Patent Act.

I. Novelty

II . Amendment to the Specification or Drawings of Pending Applications

III. Claiming Priority

IV. Amendment to Patented Claim

V. Payment of Patent Annuity

VI. Enhanced Protection of Patentee

VII. Improvements in Utility Model System

The definition of "article" or product to which a design is applied has been extended to include part of an article in addition to a finished product. Also, the amended Design Act provides ways to register design for sets or compositions of items.

I. Part of an Article

II. Sets of Articles

III. Exclusion of Functionality

IV. Enhanced Protection of Registered Design Owner

The major changes introduced to the new Korean Trademark Act ("KTA") are designed to pave the way for Korea to join the Trademark Law Treaty ("TLT") and the Madrid Protocol by the end of 2001 and 2002, respectively. Following are the key provisions of the amended KTA which will go into effect as of July 1, 2001.

I. Changes relating to the Madrid protocol.

II. Changes relating to the trademark law treaty

III. Other Miscellaneous Changes