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Overview of the National IP Policies and
Services in Korea and Presentation of
Their Best Practices
Eulsoo Seo
Counsellor, SMEs Divsion
World Intellectual Property Organization
Contents
1. Economic Growth and Intellectual Property of Korea
2. Why SMEs are important in Korea
3. Road to the IP-centered Government of Korea
4. SMEs Support Policies on IP in Korea
5. Recommendation and Suggestion
1
1. Economic Growth and
Intellectual Property of Korea
2
Economic Growth in Korea
Average annual GDP growth rate of 14.3%
Average annual per capita GDP growth rate of 12.7%
GDP
$969.9b
$1,000b
GDP per capita
$20,045
$20,000
$500b
$2b
$10,000
$2.1b
$82
$80
2007
1961
GDP
ㅍ
GDP per capita
Year
<<Source : Bank of Korea>>
3
Some Facts on Industrial Power of Korea
Product
World market share (%)
Company
Semiconductors
49
Samsung Electronics,
Hynix Semiconductor
TFT-LCDs
46.5
Samsung Electronics,
LG Display
PDPs
54.0
LNG carriers
80.0
Petrochemical
Products
45
Large diesel engines
for ships
Refrigerators
Air-conditioners
Samsung SDI, LG Electronics
59.6
14.3
22.3
Hyundai Heavy Industries,
Samsung Heavy Industries,
Daewoo Shipbuilding &
Marine Engineering Co.
LG Chem, SK
Hyundai Heavy Industries,
Doosan Engine Co.,
STX Heavy Industries
Samsung Electronics,
LG Electronics.
LG Electronics,
Samsung Electronics
4
Korea’s Status in Intellectual Property (1)
The Number of Patent Applications
Patents
460,000
PCT
426,000
(1) 52,492
(1)
360,000
54,000
409,000
(2)
27,714
(2)
260,000
27,000
173,000
(3)
160,000
166,000
(4)
7,059
(4)
5,459
(7)
60,000
USA
Japan
China
17,793
(3)
20,000
13,000
61,000
(5)
6,000
Republic
of Korea
Germany
The No. of Patent applications (Ranking)
The No. of PCT applications (Ranking)
5
Korea’s Status in Intellectual Property (2)
Some Indicators of Patent Intensity
The Number of Resident filings
per million dollars of R&D expenditure
The Number of
Resident filings per billion dollars of GDP
130
100
129.10
(1)
5.08
(1)
5
103.53
(2)
4
3.37
(2)
70
3
40
22.38
(3) 0.91
10
2
1.82
20.77 (3)
18.82
(5) 0.72
(10)
(4)
(8)
Republic of Korea
Japan
Germany
New Zealand
1
USA
The Number of Resident filings per billion dollars of GDP (Ranking)
The Number of Resident filings per million dollars of R&D expenditure (Ranking)
<<Source : WIPO Patent Statistics 2007>>
6
Patent Applications and Economic Growth in Korea
250,000
900
800
200,000`
GDP of Korea
600
150,000
500
400
100,000
GDP (Billion dollars)
Number of applications
700
No. of applications
300
200
50,000
100
0
0
1970
1975
1980
1985
1990
1995
2000
2005
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“ Intellectual property is the key to economic
development in a knowledge-based economy”
 Advanced countries
Keep IP promotion as a priority mission
Strive to establish an infrastructure of IP
automation
8
2. Why SMEs Are Important in Korea?
9
Key Stats of SMEs in Korea (1)
Number & Percent of SMEs in Some Countries (2006)
# of SMEs
Employee of SMEs
Number
(Thousand)
Percent
Number
(Thousand)
Percent
Korea
3,018
99.9
10,885
87.5
Japan
5,652
99.1
41,984
77.8
Taiwan
1,244
97.7
7,751
76.6
U.S.
6,421
85.6
58,645
50.4
U.K.
4,461
99.9
13,186
58.8
10
Key Stats of SMEs in Korea (2)
Shares of Patent Applicants in Korea (2006)
(Thousand)
Applicant
2005
2006
2007
2008
Big
Companies
71.926
(45.8%)
62,097
(38.9%)
56,024
(32.5%)
47,568
(28.4%)
Foreign
34,926
(22.3%)
39,897
(25.0%)
46,166
(26.75)
43,608
(26.1%)
SMEs
20,540
(13.1%)
23,412
(14.7%)
27,770
(16.1%)
22,750
(13.6%)
Etc.
29,539
(18.8%)
34,050
(21.4%)
42,691
(24.7%)
53,339
(31.9%)
Total
156,932
(100%)
159,457
(100%)
172,652
(100%)
167,266
(100%)
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Key Stats of SMEs in Korea (3)
Top 10 Patent Applicants of SMEs in Korea (’04-’08)
Rank
Applicant
Main Business Area
# of
Applications
1
MtekVision
Cell Phone Platform
461
2
Orion PDP
PDP Display
263
3
Modine Korea
Automobile Parts
230
4
ADP Engineering
LCD Process Equipment
218
5
Gentro
Civil Engineering
172
6
IPS-tech
Semiconductor Equipment
166
7
Top Engineering
LCD Process Equipment
165
8
Irevo
Digital Door Lock
152
9
BSE
Sound Electronics
139
10
Seoul Optodevice
LED Process Equipment
135
12
3. Road to the IP-centered Government of Korea
13
Brief History of IP Administration in Korea (1)
Enacted the First Patent Decree
Enacted the First Patent Law
Patent Bureau under the Commerce Department
Korean Patent Office
First Sharp Increase of Patent Application
Established the International IP Training Institute
Set up the Special Budget Account for IP Admn.
Second Surge of Patent Application
14
Brief History of IP Administration in Korea (2)
Established IP automation plan in 1995
Three-years of development
Launch of the world’s first Internet-based e-filing
system for patent applications
The highest e-filing rate in the world
%
100
97%
80
97%
60
49%
32%
USA
EU
40
Republic
of Korea
Japan
15
Brief History of IP Administration in Korea (3)
Korean patent documents included in the PCT minimum
documentation (Apr. 2007)
Korean language as a PCT language of publication
(Jan. 2009)
Korea conducts International Searches and International
Examinations for eight countries:
- (2002)Philippines, Vietnam; (2003) Indonesia; (2004) Mongolia, Singapore;
(2005) New Zealand; (2006) USA, Malaysia
* International search requests from foreign applicants
(2006) 735 → (2007) 2,853 → (May 2008) 4,337
16
Brief History of IP Administration in Korea (4)
Strategy 1. IP-Hub Korea
KIPO
VISION
Top-class
KIPO as a World-class IP Administrative Office
Expansion of International Examination Cooperation and Development
of Global IP System
Contribution to Make Global IPR Community for Co-prosperity and
Humanity
Strategy 2. Takeoff to an IP Powerhouse
Country Based
on IP in the 21st
Century
Fostering Leading Companies with World-class IPRs
Facilitating Growth of IP-Creating Industries
Developing Human Resources with High Quality in the IP Field
Strategy 3. Conversion into Pro-IP Society
Promoting Social Climate for Respecting IPR
Reforming Compensation System for Creative Activities
Establishing Business-friendly Judicial System on IP
Improving Efficiency of IPR Administrative System
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4. SMEs Support Policies on IP in Korea
18
Organigram of KIPO
19
Organigram of JPO
20
Brief History of IP Support Programs for SMEs in Korea
Designating May 19 as the National Invention Day (1957)
Enacting the Invention Protection Act (1958)
Awarding the Invention Prize (1959)
Upgrading Ceremony of the National Invention Day (1982)
Holding the First Good Invention Exhibition (1982)
Subsidizing International Patent Applications (1982)
Enacting the Invention Promotion Act (1994)
Opening the Consulting Center on IP Commercialization (1994)
Opening the Inventors Hall of Fame (1999)
Conducting the IP Holding Campaign for SMEs (2000)
Establishing the Regional IP Consulting Centers (2004)
Distributing Patent Maps for SMEs (2004~)
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Overview of IP Support Programs for SMEs
Type
Program Title
Content
One Roof Total
Service
30 regional IP centers with patent consultants
IP Management
Consulting
KIPO expert visits a company, give IP strategy consulting on
site
R&D
Support
IP-R&D Strategy
Support
Provide a patent map service on a specific technology that is
requested by SMEs
HR
Training
IP Staff Training
Provide on-site case study focused on IP issues that can be
immediately needed
Litigation
International Patent
Litigation Support
Consult how to response international patent conflicts including
litigation
Brands
Non-English Local
Brand Support
Consult how to develop local language brands for SMEs to
enter non-English language markets
Commercialization
IP
Commercialization
Package Support
Package support program covering foreign application
fees․sample manufacturing․technology assessment costs, etc.
Consulting
Happy CEO Program: Making CEO of SMEs be confident in global
business with successful IP Management
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IP Support Programs Customized to SMEs
▶ (Advanced)
IP knowledge & understanding levels,
requirement levels for IP Support
high knowledge & understanding, requirement
of specific IP support program
▶ (Intermediate)
good knowledge & understanding,
requirement of broad IP support programs
▶ (Beginner)
low knowledge & understanding, requirement of
intensive IP support programs
Category
SME
Beginner
WithSolution
• IP Management Consulting
• One Roof Total Service
Intermediate
Adbiotech
• IP Management Consulting
• IP Staff Training
Dacc
Advanced
Buwon
Targeted Services
• IP Management Consulting
• Int’l Patent Litigation Support
• Non-English Local Brand Support
Program
23
Example 1: Beginner SME – WithSolution
Security Equipment Company, est. in ‘08
CEO had high IP interest,
but classified as IP Beginner
due to recent establishment
- only 1 patent pending at the time
Pre-Assessment of IP Management
• No employee invention compensation & trade secret
protection policies
• Requires basic understanding of IP
• Requires intensive IP management consulting
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IP Management Consulting for SMEs
On-site Intensive Consulting

KIPO expert provides consulting
on site at the company
* ’06: 34, ’07: 101, ’08: 147 SMEs

Patent Management Consulting
*

basic patent management, application
& management strategy, using patent
data, Handling patent conflicts
Online support through IP portal
(www. Ipp.or.kr)
It consists of pre-assessment, customized consulting and after service
25
One Roof Total Service: 30 Regional IP Centers
R&D & Commercialization
Support
Patent Search Customized
for Local SMEs
Fostering Patent Star Companies
through Selection and Focus
26
Result of the WithSolution
• Implementing employee invention compensation & trade secret
protection policies
• Holding Brainstorming sessions
• Setting up future IP strategy based on patent map analysis
‘09 Earnings:
Successful IP
’08 Earnings:
400M(KRW)
Management
500% growth
Robust IP SME
(expected)
27
Example 2: Intermediate - Adbiotech
Start-up SME (est. in 2000)
• Animal Science, Food and
Cosmetics
• Holding 3 patents & 5 trademarks
and having high interest in IP rights,
but do not have IP management
strategy
Pre-Assessment of IP Management
A Staff in charge of IP was not able to focus on IP affairs and
to build up his expertise due to other duties
▶ Requires IP-specialized staff and professional training
28
IP-specialized Staff Training
On-site Training Customized for SME Level
Level
Beginner
Intermediate
Courses
• Introduction of IP (4hrs)
• IP & R&D (4hrs)
• Patent application & claim drafting
(4hrs)
• Prior arts search (4hrs)
• Strategic patent management
(4hrs)
Advanced
• Licensing contract & strategy
(4hrs)
• Domestic & foreign IP litigation
(4hrs)
• Patent management (4hrs)
Aim
Understanding of basic IP
Principles
patent
applications &
patent
Management skills
patent litigation skills
and other
professional works
• Simulation (8hrs)
29
Result of the Adbiotech
• Filed patent application drafted by its staff
• Developed a new technology based on several prior
arts that was searched by its staff
• Skilled up its IP-specialized staff
Export aim
Low staff
expertise
Upgraded staff
expertise
in ’12: 15B KRW
Robust IP SME
With core patents
30
Example 3: Advanced SME – Dacc
Aircraft Components Manufacturer [est. in ’02)
Medium sized business with high
R&D ability, which was founded
as a spin-off from Korea
Aerospace Industries Ltd.
(research institutes) .
Pre-Assessment of IP Management
Aggressive R&D investment and
Uses govt’l R&D projects efficiently for new tech. development,
But, did not carry out systemic IP management
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Protection from Future IP Disputes
IP Dispute Prediction System and Insurance System
Patent Dispute Prediction Sys.
IP Insurance System
Reports on patent trolls
IP Insurance
Provide international
patent dispute maps
Support costs for IP
disputes
Provide technology-
25 companies joined
based patent dispute
maps
Conduct its business without concerning possible
IP disputes
32
Result of the Dacc
• Continuously monitoring on the possibility of disputes
• Developing new technologies based on patent dispute maps,
designing around major blocking prior arts
Robust IP SME
Top 5 in world by 2012
Possess core patents
Prep. for possible
disputes
33
Example 4: Advanced SME – Buwon
• Kitchen hand blender manufacturer
• Taking up 75% or more of Korean
kitchen hand blender market
• Entered Chinese market in 2007
but
failed.
• In 2008, reentered Chinese market
Pre-Assessment of IP Management
Dominated its Korean market with its high technology
But failed in Chinese market because its Korean brand was not
well-known in China
34
Non-English Local Brand Support Program
Expanding into New Markets with Localized Brand
Customized Support for SME Brand
 Full support from hiring a brand designer
to trademark registration
 Providing expertise of KIPO, KOTRA and
University for developing high-quality
brand
Results
From Brand Strategy to Registration
 Providing local brand strategy consulting
and supporting brand development and
registration
 Support for development and registration
of localized brand based on local languages,
cultures, and environments.
 In 2008, 5 companies benefited
 In 2009, requested from 57
35
Result of the Buwon
Before
After
Buwon
Elec.
Success l 1-day home shopping sales increased 20x : 40 units (’08.12) → 800 units (’09.2)
of Buwon l Requests for sale from home shopping outlets : 1 outlet (’08.12) → 30 outlets (’09.2)
36
Best Practice of SMEs IP Management in Korea - MBI
Negotiating licensing out with a Japanese company
MBI: R &D of Bike Parts
 MBI Co. Ltd.: Very small company
specialized in bike parts with only 6
employees, and almost zero sales
KIPO: Support for Int’l Applications
 KIPO subsidized $20,000 for international
patent applications in U.S. Japan, China,
Europe and Russia
 Developed a breakthrough of internal
transmission, having 3-speed hub gear
through long R&D for10 years
 Holding patents for internal transmission in about 40 countries
 Won a patent invalidation litigation with Shimano, a Japanese major bike maker
 Negotiating licensing out with Shimano, claiming 700 million dollars as royalty
37
5. Recommendation and Suggestion
38
Recommended Strategy to Be an IP-centered Country (1)
Beginning Stage
Incorporate and Transform Good Foreign IP System Into
Its Domestic Version
e.g. First Patent Law (1946), Chemical Compound Patent (1987)
Enhance the IP Awareness
e.g. Invention Protection Act (1958), IIPTI (1987)
Collection of Lots of Foreign Patent Information
39
Recommended Strategy to Be an IP-centered Country (2)
Intermediate Stage
Strengthen IP Automation Infrastructure
e.g. First Internet-based e-Filing System (1999)
Encourage IP Commercialization
e.g. Consulting Center on IP Commercialization (1994)
Design Around Dominant Foreign Patents
40
Recommended Strategy to Be an IP-centered Country (3)
Advanced Stage
Encourage International Applications
e.g. Subsidizing International Patent Application (1982),
PCT ISA/IPEA (2002)
Enhance IP Management
e.g. Patent Map (2004), Regional IP Consulting Center (2004)
Select and Focus its Own Strong Industry with IP
e.g. IT Industry (2000s)
41
Conclusion: Pop-up Quiz
Which one do you think is not protected by patent?
A: Cell Phone
B: Car
C: Segaway
D: Corn Plant
42
Thank you!
For further enquires contact
[email protected]
43