Executive Summary
According to the major blueprints for the year 2023 published by the KIPO, there are plans for improving policies as follows.
Trademark
The KIPO is currently promoting the introduction of a coexistence agreement system to facilitate the activation of trademark use by allowing the registration of trademarks through mutual consent between parties, even in cases where a later-filed trademark application may be grounds for refusal due to similarity with existing registered trademarks.
Design
The pending bill currently under review by the Trade, Industry, Energy, SMES, and Startups Committee (hereinafter referred to as the “Committee”), which belongs to the Standing Committee, aims to expand the application period for designs related to the prior designs from one year to three years. It also seeks to remove procedural provisions specifying the timing and deadline for submitting documents related to exceptions for loss of novelty. Additionally, it proposes to grant an additional two-month period when claiming priority is not possible due to justifiable reasons, thereby relaxing the time frame and requirements for claiming priority.
Patent
The KIPO plans to improve the system in order to contribute to the rights and interests of the people by limiting the extension of the patent term for pharmaceutical patents to the level of major advanced countries. Under the current system, multiple patent certificates are allowed for a single pharmaceutical permit, however the plan aims to limit the extension of the patent term to only one patent when a plurality of patents exist for a single pharmaceutical permit. In addition, the proposal includes amending the current system, which has no limitations on the extension of the patent term, to set an overall upper limit for the entire term, including the extension period.