Transcript Open Forum 9

The Experience of Korea
“International Patent Law Harmonization and
Development”
DAESHIK JEH
Director
Patent Examination Policy Team
Korean Intellectual Property Office
1 March, 2006
Korean Intellectual Property Office
Table of Contents
2
Ⅰ.
Economic Growth
Ⅱ.
KIPO‘s Efforts for Harmonization
Ⅲ.
Patent Statistics
Ⅳ.
Effect of IP on Economic Growth
Ⅴ.
Vision of KIPO
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Ⅰ. Economic Growth (1)
3
Seoul in 1961
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Seoul in 2005
Ⅰ. Economic Growth (2)
4
14.5% annual growth rate of GDP between 1961
($2.3 billion) and 2005 ($768 billion)
Unit : B (billion), M (million)
Year
Category
GDP
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1961 (a)
2005 (b)
b/a (Times)
$ 2.3 B
$ 768 B
334
GDP P/C
$ 87
$ 16,000
184
EXPORT
$ 55 M
$ 284.4 B
5,170
IMPORT
$ 390 M
$ 261.2 B
670
Ⅰ. Economic Growth (3)
5
Amazing growth of economy (1986-1996)
- 18.5% annual growth rate of GDP Per Capita from 2,643 (’86) to
12,197(’96)
Overcame the financial crisis (1997~2005)
- Developing a new growth engine in the fields of IT, BT and NT
GDP Per Capita
18
Unit : Thousand dollars
16
14
12
Finacial Crisis
10
Amazing Growth (18.5%)
8
6
4
2
0
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1970
1973
1976
1979
1982
1985
1988
1991
1994
1997
2000
2003
2005
Ⅰ. Economic Growth (4)
6
Before Industrialization (1945-1961)
Ruined and divided country owing to the threeyear Korean War (1950-1953)
No national consensus for developing industries
No money for building factories
One of the poorest countries in the world
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Ⅰ. Economic Growth (5)
7
Early Industrialization (1962-1981)
Government drove the industrial policy (The
Economic Development Plan)
Companies depended heavily on imported
technologies
Focused on the light industries, such as fabric,
plywood and footwear industries, etc.
Factories were built by foreign loans
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Ⅰ. Economic Growth (6)
8
Growing Industrialization (1982-1996)
Private sectors led the development and
government supported companies
Companies turned to the heavy and chemical
industries, such as steel, shipbuilding and
automobile industries
Grew as a developing country
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Ⅰ. Economic Growth (7)
9
Maturing industrialization
(1996-2005)
Overcame the financial crisis in three years by
financial support from the IMF
Many failing companies fell under control of
foreign capital during liquidation
Turned to technology-intensive industries such as
mobile phone, semiconductor and display industries
Tried to shift from a developing country to an
advanced country
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Ⅱ. KIPO’s Efforts for Harmonization (1)
Progress of the IP System (1)
Introducing the modern IP system (1961)
-Patent, Utility Model, Design, and Trademark
-Introduced claiming priority of Paris Convention (1973)
Enhancing the IPR system in accordance with the
international standard (1980s)
- Joined the WIPO (1979)
- Joined the Paris Convention (1980)
- Joined the PCT (1984)
- Expanded the scope of patentable subject matter
(included substance patent (1986) and food patent (1990))
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Ⅱ. KIPO’s Efforts for Harmonization (2)
Progress of the IP System(2)
Strengthening the IPR protection (1990s)
- Joined the WTO/TRIPs (1995)
- Extend the term of protection to 20 years counted from
the filing date (1995)
- Extended the scope of patent licensing to “subscription to
an assignment or leasing” of a patent right (1995)
- Established the Patent Court (1998)
- Regard technologies published on the Internet as
the prior art (2001)
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Ⅱ. KIPO’s Efforts for Harmonization (3)
Amendment for Harmonization(1)
Reflecting the Paris convention and PCT
- Introduced claiming priority of Paris Convention (1973)
- Extended the time limit for submission of a translation of
a PCT application to 31 months (2005)
- Introducing a system for restoring patent protection within
a certain period of time if protection has lapsed by reason
of failure to pay annual fees (2005)
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Ⅱ. KIPO’s Efforts for Harmonization (3)
Amendment for Harmonization(2)
Reflecting the SPLT draft
- To include any kind of information available to the public,
in Korea or other countries, in the prior art (2005)
- Not to restrict the type of publication of a prior art item
insofar as the prior art item does not affect
the patentability of a claimed invention (2005)
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Ⅱ. KIPO’s Efforts for Harmonization (4)
Amendment for Harmonization(3)
Reflecting the WTO/TRIPs
- Included substance patents as subject matter (1986)
- Extend the term of protection to 20 years counted from
the filing date (1995)
- To grant a non-exclusive license to export medical
products to countries that try to import the medicinal
products to treat diseases threatening their public health
(2005)
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Ⅲ. Patent Statistics (1)
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Increase in patent & utility model applications
- 193,364 patent & utility model applications were filed with KIPO
in 2005.
- The number of patent applications in 2005 (121,467) increased
105 times, compared to that in 1970 (1,846).
2.0E+05
Number of Patent & Utility Applications
1.8E+05
193,364
(P&U)
1.6E+05
1.4E+05
1.2E+05
1.0E+05
8.0E+04
121,467
(Patent)
6.0E+04
4.0E+04
2.0E+04
0.0E+00
1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005
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utility app.
patent app.
Ⅲ. Patent Statistics (2)
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Number of patent registrations in KIPO
- The number of annual patent registrations increased 41 times:
1,808 (1981) → 73,509 (2005)
- The ratio of the annual patent registrations by residents to those
by foreigners increased from 12.8% (1981) to 72.7% (2005).
80000
Number of Patent Registrations in KIPO
70000
73,509
(Residents+Foreigners)
Number of Registrations
60000
53,416
(72.7%)
(Residents)
50000
40000
Foreigners
Residents
30000
20000
10000
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0
1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005
Ⅳ. Effect of IP on Economic Growth (1)
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The number of patent/utility model applications has
increased along with economic growth since 1970s.
3.E+05
900
800
2.E+05
700
600
2.E+05
500
No. of applications
GDP of Korea
400
1.E+05
300
200
5.E+04
100
0.E+00
0
1970
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1975
1980
1985
1990
1995
2000
2005
GDP (Billion dollars)
Number of Applications
The No. of Patent, Utility applications & GDP
Ⅳ. Effect of IP on Economic Growth (2)
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Case study of Korea
Increase in patent applications → Technological
development → Increase in GDP
Increase in patent applications by 1% → Increase
in economic growth rate by 0.11%
The growth rate of patent applications is closely
related to the long-term economic growth rate
(Source: “Report of Korea Development Institute 2003”)
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Ⅳ. Effect of IP on Economic Growth (3)
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Effect of IP on Korean economy
- Negative effect: Still paying a large amount of royalties
 Spent $ 4.1 billion in 2004
- Positive effect: Increase in the ratio of technology export to
technology import: 8.7% (’94) → 34.2% (’04)
4500
Import & Export of technology
$ 4,147
4000
3500
export
import
Unit : Million dollars
3000
2500
2000
1500
$ 1,416
(34.2%)
$ 1,276
1000
500
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0
$ 110
(8.7%)
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
Ⅳ. Effect of IP on Economic Growth (4)
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Before protect substance patents
Produced pharmaceutical products and chemical compounds
without licensing substance patents before 1987
Domestic companies were strongly opposed to protection of
substance patents.
After protect substance patents
pharmaceutical and chemical companies made efforts to
protect substance patents
Investment in R&D increased.
Many research institutes were founded.
New medicines made from new substances were licensed.
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Ⅳ. Effect of IP on Economic Growth (5)
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Effects of substance patents on the pharmaceutical
industry after starting to protect substance patents
in 1987
Effects
Contents
The ratio of R&D to sales in the
pharmaceutical fields
0.7% (’86) → 5.75% (’99)
The Number of research institutes
in the pharmaceutical fields
31 (’85) → 216 (’04)
The number of new medicines
11 items licensed
92 items under
development
Technology export exceeded
technology import at 2000
Export ($23.5 M)
Import ($18.7 M)
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Ⅳ. Effect of IP on Economic Growth (6)
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The number of applications by residents increased 26
times [35 applications (1987) → 906 (2005)]
The ratio of applications by residents increased
[ 4.2% (1987) → 35.3% (2005)].
3000
The number of applications of substance patents
2,570
2500
foreigners' app.
residents' app.
2000
1500
1000
802
906
500
35
0
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1987
1990
1993
1996
1999
2002
2005
Ⅴ. Vision of KIPO (1)
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Main Targets of KIPO
1.
To lead technology innovation through rapid, highquality examinations and trial decisions
2.
To promote efficient R&D projects by encouraging
the active use of patent information nationwide
3.
To support nationwide IP development by
establishing the IP infrastructure
4.
To promote awareness of the importance of IP
and to consistently protect IP
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Ⅴ. Vision of KIPO (2)
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Main Activities of KIPO (1)
1.
Reducing the examination period from 17 months
in 2005 to 10 months by the end of 2006
- Recruiting new examiners (280 examiners in 2005 and 2006)
2.
Reducing the patent trial period from 12 months in
2005 to 6 months by the end of 2006
3.
Improving the employee-invention system
- Amending the law to promote mutual interests between employers and
employees
4.
Enforcing the law against illegal activities of
manufacturing and selling counterfeit products
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Ⅴ. Vision of KIPO (3)
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Main Activities of KIPO (2)
1.
Promoting use of patent information by public
sectors in governmental R&D projects
2. Designated as an ISA/IPEA by PH, VN, ID, IN,
Mongolia, Singapore, NZ and the US
3.
Executing the joint prior-art search program with
Japan, China and Australia
4.
Improving the KIPOnet system
- Providing year-round filing service
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Ⅴ. Vision of KIPO (4)
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Conclusion
1. Korea needs to strategically use IP as a tool for
sustainable economic development
2.
KIPO fully supports technology innovation
3.
KIPO consistently protects intellectual property
4.
KIPO strongly supports the harmonization of
international patent law
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Thank you for your attention!
DAESHIK JEH
[email protected]
Phone: +82-42-481-5389, Fax: +82-42-472-3470
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