Wonjon wins back Hi-Vac Technology¡¯s patent rights.

  The Supreme Court (the highest court in Korea) on November 8th, 2002 passed a decision reversing the Korean Patent Court¡¯s judgment invalidating Hi-Vac Technology¡¯s patent No. 99509. The Supreme Court remanded the case to the lower court.

  Subsequently, Hi-Vac Technology retained Wonjon P.C. as its legal representative for retrial. The result was a legal victory for Hi-Vac Technology brought forth by the dedicated efforts and expertise of Wonjon. Hi-Vac Technology, thereafter, was able to successfully recover one of its patents nearly lost for good, and now enjoys its protection in Korea.

  Wonjon P.C. scores once again making the best of its expertise and long-standing experience in trials and litigation.


WONJON¡¯s successive wins for client in court
infringers on Tyco Raychem¡¯s patents beaten hard

In the trials over the disputed invalidity and scope confirmation of Korean Patent 48450, the Patent Court on 19 April 2002 passed its decision revoking the original decisions to remand the case to the Intellectual Property Tribunal of the Korean Intellectual Property Office. It was a hard-won victory for Tyco Raychem Corporation and at the same time a proud success for us, WONJON, P.C., having represented Tyco Raychem as their litigation attorney for all these years.

In the meantime, Suweon District Court on 3 May 2002 approved the demand filed by WONJON, P.C., for Tyco Raychem, our client, for pre-judgment attachment of receivables against another infringer on Raychem¡¯s Korean patent, KP 76431.

We, WONJON, P.C., are proud of, and not a little satisfied with, these successive wins in a sensitive and complicated litigation where we have exerted our best efforts to serve the best interests of our client, Tyco Raychem.



Wonjon triumphs again in the protection of patent rights in Korea
Grant of preliminary injunction for Tyco Raychem in the U. S.

Accepting a petition relating to a patent infringement suit (Korean Patent No. 76431) filed by the patentee, Tyco Raychem, Ltd., the Seoul District Court decided on Dec. 24 of 2001, to grant a preliminary injunction forbidding the manufacture and sale of infringing goods. Tyco Raychem, Ltd. was represented by WONJON, P.C. in this case. In other words, the defendant was enjoined from acts of manufacture, sale, distribution, and advertisement for the sale of heat-shrinkable tubes, which were argued to be acts of infringement. The Court, accordingly, ordered seizure of finished products, semi-finished products, and manufacturing equipment.

By this preliminary injunction, which is another triumph for the protection of patent rights in Korea, it prevents further acts of infringement prior to the final judgment pending this infringement suit minimizing damage to the patentee.

Prior to this development, the defendant had petitioned for a trial to invalidate Raychem¡¯s patent; in the case, Wonjon also acted for the same client. The Supreme Court, however, had dismissed the case and held conclusively that Raychem¡¯s patent is in fact valid(Decision 98 Hu 1341, on June 1 of 2001).




Raychem corporation grateful to Wonjon
for key role in KP 76431 victory at Supreme Court

The Korean Supreme Court, having rendered a verdict on June 1, 2001, has determined that Raychem¡¯s patent KP 76431 should not be nullified. The court acknowledged the patent has the requisite inventive steps when compared with prior arts. The nullification action initiated by an infringer against Raychem¡¯s patent rights has, therefore, finally been concluded in Raychem¡¯s favor, after having been pending at the Supreme Court for almost three years. (Supreme Court, 98 Hu 1341, June 1, 2001.)

Until this ruling, Raychem had been unable to exercise its rights against companies that were infringing its patents, and such was a prime example cited by the United States in criticizing Korea¡¯s inadequate measures in protecting intellectual property rights. As a result of this ruling, Korea has make a substantial step towards protecting IP rights of both 5 domestic and international companies in Korea.

Meanwhile, Raychem has expressed its sincere gratitude and admiration for Wonjon¡¯s role in standing by Raychem¡¯s side and bringing the action to a successful conclusion.


Wonjon Intellectual Property Law Firm to be the First Professional
Corporation in Patent Law approved by the Korean Industrial Property Office


As a reputed intellectual property law firm which has provided consistent and reliable services to the clients for over 30 years and had been legally incorporated since 1993, this firm presented a petition to the Government and related organizations about the necessity for a new system for establishing Professional Corporation for patent offices.

Finally the new Patent Attorney Law, revised on January 28, 2000 and effectuated on July 1, 2000, has opened the way to establish Patent Professional Corporations which require participation of more than 5 professional patent attorneys.

As a result, this firm obtained the approval of establishment as the first Patent Professional Corporation in Korea under the amended Patent Attorney Law on July 1, 2000 which will prompt a greater efficiency in its services.

PCT APPLICATIONS TO BECOME EASIER

In compliance with the Patent Cooperation Treaty (PCT), the KIPO adopted the electronic filing of PCT applications on May 10, 1999. This electronic application system is named PCT-EASY.

According to the KIPO, a PCT-EASY application is an international patent application prepared utilizing the software developed by WIPO for the purpose of international patent application. Also, a PCT-EASY application must be accompanied by a computer diskette (FD duplicate) containing a copy of the application including the abstract of invention.

The PCT-EASY software, providing 165 confirmation functions, enables the applicant to prepare an international patent application easily yet accurately. It also helps the applicant save on the filing costs by about 10% or more, because a reduction of the international filing fee in the amount of 200.00 Swiss Francs (about £Ü160,000) will be granted to an international application filed by way of PCT-EASY.




SUMMARY OF THE PATENT LAW AS AMENDED

It is now allowed to file both patent and utility model applications, together or separately, on a same invention. If one is first registered, and the other is granted later on, the applicant can then decide which it will keep(Articles 53 and 87(2), effective as of July 1, 1999).

Even in cases where the period of non-working due to necessary experiments such as safety tests is less than two years(formerly more than two years were required). the term of the patent right may be extended(Article 89, effective as of January 1,1999).

In case the registration of a patent is publication, an opposition can be filed within three months of the publication date(Article 69, effective as of July 1,1997)

Upon request by the applicant, an early laying-open is possible(Article 64, effective as of July 1 of 1997)

As of March 1, 1998, a trial relating to industrial property was made to proceed as follows: industrial Property Tribunal(IPT) fo KIPO ¡æ Patent Court ¡æ Supreme Court
 
SUMMARY OF THE UTILITY MODEL LAW AS AMENDED
(EFFECTIVE AS OF JULY 1, 1998)

Utility Model registration without a substantial examination will be available. As of July 1, 1999, an application for Utility Model will be granted for registration after an examination of the formality only. (Article 35)

For confirming the validity of a utility model, anyone can request for a technical assessment by KIPO. In case the right holder intends to exercise his rights, he must obtain a technical assessment from KIPO (Articles 21, 25, and 44).

The term of a utility model right will be reduced from fifteen to ten years from the date of the registration (Article 36).
SUMMARY OF THE DESIGN LAW AS AMENDED
(EFFECTIVE AS OF MARCH 1, 1998)

A design application on particular two-dimensional articles such as ¡°clothing, bedding, upholstery fabrics, curtains, stationery paper, printed materials, packaging paper, fabric sheets, wallpaper, board, string¡± can be registered without substantial examination. For these design applications an application can cover a multiple of designs, and an opposition can be filed after the grant of the registration. (Articles 9, 11bis, 26(2) and 29 bis)

The term of the design right has been extended from ten to fifteen years from the date of registration (Article 40)

The Laying-Open system is introduced in order to disclose the design application to the public prior to the registration thereof upon request by the applicant (Article 23bis)
SUMMARY OF THE TRADEMARK LAW AS AMENDED
(EFFECTIVE AS OF MARCH 1, 1998) 

An application can be filed designating multi-classes of goods and/or services (Article 10)

To the scope of the compositional elements of a mark, three-dimensional shapes and a combination of colors are supplemented (Article 2).

The International Classification System of Goods and Services has been adopted (Article 10).

Marks which are identical with or similar to those well-known to consumers in Korea or any other countries indicating the goods or services of another person, and which are used for unjust purposes are not registerable (Article 7(1)(xii)).