Today, the issues of COVID-19 and the U.S.-China
political conflict are contributing to global uncertainty. In
particular, corona vaccination, technology, hegemonic war, securement of
strategic assets, artificial intelligence(A.I.), big data, the
metaverse, cryptocurrency and digital transition is being discussed. The
core behind these issues is intellectual property( I.P.).
We are in a digital industrial era. Further, when
setting up policies on industrial property and copyright matters, if we regard them
separately, we cannot expect synergy and efficiency of the policy.
In October 2020, many Korean associations on
industrial property and copyright formed a juristic organization named 'the
Korean Federation of I.P.Societies' like the Korean
Federation of Science and Technology Societies and
the Korean Federation of Arts Organizations. It was a
sensible decision.
In 2020, The International Institute for
Management Development in Switzerland reported the evaluation on
policy enforcement of 63 countries throughout the world. According
to this report, the Research and Development (R&D) investment ratio
to Gross Domestic Product (GDP) in Korea ranked 2nd,and the Korea's
number of patent applications ranked 4th. However, the
efficiency on the policy enforcement of the Korean
government ranked 34th.
Mr. Nak-yeon Lee and Mr. Sye-kyun Chung, both
former Prime Ministers and who served as Chairpersons of the Presidential
Council on I.P., announced a policy proposal as Presidential candidates to
let a new Korean I.P. Office handle industrial property and copyright matters
together, after amending the Korean Government Organization Law.
After that, speakers at seminars held by the
Korean Federation of I.P.Societies, I.P.Forum, and National Academy
of Engineering of Korea, along with Mr. Jong-yong Yoon, a former
Chairperson, and even Mr. Sang-jo Jung, the present Chairperson of
the Presidential Council on I.P. also supported the
formation of the new Korean I.P.Office. As an example of the previous
disfunction up until now, the fact that 11
Korean Ministries and Agencies are enacting and amending laws on
AI, no Ministry or Agency has been able to enact and
amend sufficient laws as of yet.
A much more tremendous amount of money than
that which is being invested in the Korea Stock Price Index (KOSPI) and Korea
Securities Dealers Automated Quotation (KOSDAQ) is now being invested
in cryptocurrency. Even though cryptocurrency is
not legitimate currency yet, the government is now considering a
way to impose a tax on it. Under this situation, which Ministry is
appropriate for handling cryptocurrency ?
The issue of the Climate Change Convention is not
only the environment. One hundred thirty-six countries agreed to induce a
Global Digital Tax system from 2023, whereas the European Union
reviews how to enforce a Carbon Border Tax from 2035. These kinds of taxes are not traditional tax
issues.
To set up an active nationwide survival
strategy in the digital industrial era and in consideration of a
fast-changing I.P.system, we can not expect good synergy and efficiency with the present government
organizations (Industrial Property of the Korean
I.P.Office, Copyright of the Ministry of Culture, Sports
and Tourism ) which are handling things separately. Therefore, we
need to establish a new Korean I.P.Office like the U.K., Canada, Switzerland, Singapore, Belgium,
Hungary, Thailand,and Luxembourg.The World
I.P.Organization( WIPO ) established in 1974 under the United
Nations, has handled industrial property and copyright matters
together until now.
The head of the new Korean I.P.Office
must be a Cabinet member class Minister to monitor policy
conflicts of each Ministry on A.I.,Geographical Indications, Genetic Resources,Traditional
Knowledge, New Varieties of Plants and Publicity Rights,etc. I believe that the present I.P.Framework Law must be
amended because decisions of the Presidential Council on
I.P.,have not been reported to the President, even though the Presidential
Council on I.P., had been formed under the President. Further, I
recommend introducing an I.P.Secretary system at the
Presidential House, because according to the 2008, Prioritizing Act
on I.P.Resources and Systems in the U.S.A., the I.P.Enforcement
Coordinator has reported a variety of I.P.Policies to the U.S.President.
Now, wise decisions must be made by us in
order to make a strong nation on I.P.
Myung Shin Kim,Adviser,Presidential Council on
Intellectual Property.
Daily Electronic Newspaper on February 3,2022
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