Obtaining Trademark Rights Easier for Individuals and Small Business Owners... Revised Trademark Act to Take Effect Next Month

Photo by Dongju Yoon doso7@

[Asia Economy Reporter Kim Hyung-min] Starting next month, new systems and laws will make it easier for individuals and small business owners to acquire trademark rights.

According to the Ministry of Government Legislation on the 31st, the revised Trademark Act will take effect from the 4th of next month. The key points include the introduction of the partial refusal system for trademark registration applications and the request for re-examination system.

The partial refusal system for trademark registration applications was introduced to secure convenience and rights for those applying for trademark registration. If only some of the goods subject to the trademark registration application have issues and are rejected, the trademark registration can be granted for the goods without grounds for refusal. Previously, if there were any issues with part of the application, unless the applicant deleted or corrected the relevant goods, the entire application, including parts without grounds for refusal, would be rejected.

The request for re-examination system allows applicants to resolve issues that could lead to trademark registration refusal through simple corrections without filing an appeal against the refusal decision. If it is judged that the defect can be resolved easily, the applicant can request a re-examination from the examiner to solve the problem without filing an appeal against the refusal decision. Previously, filing an appeal against the refusal decision was the only available objection procedure.

The Ministry of Government Legislation announced that a total of 16 laws, including the revised Trademark Act, will be newly enforced next month. To protect foreign workers from industrial accidents, the requirements for issuing employment permits for foreign workers will be strengthened. From now on, employers must submit a certificate of subscription or a promise to subscribe to industrial accident compensation insurance, fishermen’s accident compensation insurance, or agricultural and fishery safety insurance in order to receive an employment permit for foreign workers.

Previously, individual businesses in agriculture and fisheries with fewer than five employees were able to obtain employment permits without subscribing to industrial accident compensation insurance, but this will become more difficult going forward.

Additionally, the legal basis for the 'Altteul Transportation Card Project,' promoted by the Ministry of Land, Infrastructure and Transport to encourage the use of public transportation, will be established. The Altteul Transportation Card is a transportation card that supports transportation fares based on the distance traveled by walking or cycling in connection with the use of public transportation.

The method of notifying the completion of employee inventions, the intention to succeed the invention, and compensation between employers and employees will be unified to written form, including electronic documents, instead of simple paper documents.

This content was produced with the assistance of AI translation services.