1. Reinforcement of Protection for Computer Program

The medium recorded computer program was the subject of a patent. But the computer program itself was not a subject for a patent. Therefore, the computer program transmitted on a network while not recorded on CD or DVD was a problem.

Thus, the revised Patent Act stipulated that knowing a patent infringement, the offering action to use the process invention is an embodiment of the invention, and it became a patent infringement. ( Patent Act, effective from March 11, 2020)

2. Introduction of Punitive Compensation System

When a person intentionally infringed a trademark or industrial design right, the punitive compensation system that a trademark or industrial design owner could claim up to triple the actual damage was enforced from October 20, 2020.

On the other hand, when a person infringed a patent right or business secret intentionally, the patent or secret owner could claim up to triple the actual damage. ( Patent Act, Act for Prevention of Unfair Competition and Protection of Business Secret, effective from July 9, 2019 )

In this case, a court has ruled the compensation amount, considering the intentionality of the infringer, the perception degree of the occurrence of damage, the scale of damage, the economic interest by the infringer through infringement action, the duration and time of infringement, the penalty of the infringer, the property status of the infringer and the infringer's effort for the relief of damage, etc.

3. Enlargement of Compensation on the Part exceeding the Production Capacity

When a patent, industrial design, or trademark owner demands compensation against an infringer, the demandant could not demand compensation against an infringer on the Part exceeding the production capacity by the demandant.

 But the revised Patent Act allowed to request payment on the Part exceeding the production capacity of the demandant that corresponds to a reasonable royalty through a license based on the working of the patent. ( Patent Act, effective from December 10, 2020; Trademark Act, Industrial Design Act, Act on Prevention of Unfair Competition and Protection of Business Secret, effective from June 23, 2021 )

4. Enlargement of Subject for Protection of Industrial Design

The former Industrial Design Act should require the article property to protect the industrial design. But the revised Act enlarged the subject for protection to the image that is a display of function or used for the operation of an apparatus such as a device or sign expressed by a digital technology or an electronic method. ( Industrial Design Act, effective from October 21, 2021 )

5. Extension of Duration for Trial Demand and Reexamination Request

The former Act stipulated that the duration for trial demand and reexamination

request against rejection by the examiner was only 30 days from the receiving date of the rejection notice.

But the revised Act changed 30 days to three months, which is very convenient for foreign clients regarding communication. ( Patent Act, Industrial Design Act, Trademark Act, effective from April 20, 2022 )

6. Prohibition of Illegal Acquisition and Usage of Data

When a business person provides data shared in a consortium to a third party for business, if they acquired or opened data illegally, it falls under unfair competition

action. ( Act on Prevention of Unfair Competition and Protection of Business Secret, effective from April 20, 2022 )

7. Introduction of Partial Registration System for Trademark Application

The former Trademark Act did not allow to register the partial designated goods in an application. So, if the applicant did not respond to the partial rejection by the examiner exactly, the examiner rejected the total trademark application. However, the revised Act allows registering without total rejection if the remaining goods have no reason for rejection..

This system is very convenient to save time reasonably. ( February 4, 2023 )

8. Introduction of Reexamination Request

In case the applicant can solve the rejection reason, such as a reduction of a patent claim or designated goods simply against the rejection of patent, industrial design, or trademark registration by the examiner, the applicant could request the reexamination directly to the examiner concerned, not through a trial against the rejection. ( Patent Act, Industrial Design Act, Trademark Act, effective from February 4, 2023)