Yoon-Sun Cho,

Protection of IP Brand & TechnologyProtection of IP Brand & Technology

May 29, 2004

2004 Global Summit of Women2004 Global Summit of Women

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PatentPatent

Protect Your Technology by Patent.

Build up your patent portfolio.

Value of Korean patents has increased. Korean market has enlarged. Develop your R&D plan based on patent search. Protect your R&D result with patent.

Enforce your patent aggressively.

Civil & criminal remedies available. Damages awards for patent infringement have been expanded.

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Trade SecretTrade 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.

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Brand & TrademarkBrand & 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

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TrademarksTrademarks

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.

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Design & Trade DressDesign & 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

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Design & Trade DressDesign & 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