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Recommendation to Adopt Copyright Law for Mandatory Examination of Patent Attorneys

To face the digital industrial era of the 4th industrial revolution, patent attorneys will need to understand industrial property, copyrights, and new intellectual property, such as artificial intelligence, big data, the metaverse, cloud computers, computer programs, semiconductor integrated circuit layout design, etc. Otherwise, they will not be able to respond to the diverse needs of enterprises appropriately.

 

Famous experts, great scholars and societies such as Dr. Sang-Jo Jung, present Chairperson of the Presidential Council on Intellectual Property (PCIP), Mr. Jong-Yong Yoon, Former Chairperson of PCIP, Mr. Nak-Yeon Lee, Former Chairperson ( Former Prime Minister ) of PCIP, Mr. Se-Kyun Jung, Former Chairperson ( Former Prime Minister ) of PCIP, Federation of Intellectual Property Societies, National Academy of Engineering Korea, Intellectual Property Forum, Dr. Kwang-Hyung Lee, President of Korea Advanced Institute of Science and Technology(KAIST), Dr. Sung-Pil Park, Professor of KAIST, Dr. Won-Oh Kim, Professor of Inha University, Law School, and Mr. Myung-Shin Kim, Adviser of PCIP all asserted that if the policy regarding industrial property and copyright matters are made together, rather than separately, it will create a synergy effect and if they are treated together even at working level, it will bring an actual interest to enterprises.

 

Internationally, the Intellectual Property Offices of the U.K., Canada, Switzerland, Belgium, Luxembourg, Hungary, Thailand, and Singapore treat the industrial property and copyright matters together. Recently, U.S. Senator, Mr. Thom Tillis, prepared a bill to integrate the U.S. Patent and Trademark Office and the U.S. Copyright Office.

 

Considering the circumstances mentioned above, Mr. Myung-Shin Kim, Adviser of the Korean Patent Attorneys Association (KPAA), proposed at the General Assembly of KPAA, held in February 2021, that in response to the tide of the times, copyright law, which was an elective subject for the 2nd examination of patent attorneys, must be a mandatory subject for the 2nd examination.

Since Mr. Kim's proposal, there have been many discussions.

 

On December 8, 2021, the Standing Council of KPAA decided to support this proposal. On March 15, 2022, the Delegate General Assembly of KPAA also endorsed unanimously. Finally, on March 25, 2022, the Annual General Assembly of KPAA also decided to support it.

 

According to this purport and procedure, on April 6, 2022, Mr. Jang-Won Hong, President of KPAA filed a written recommendation to the Commissioner of the Korean Patent Office to revise the Presidential Decree of Patent Attorney Law, providing that in consideration of the inconvenience to examinees, actual enforcement will begin one year after amending the Presidential Decree.