“SW to be protected by patent law”… ‘Penalty on on-line violation action’ to be stronger
Hur Woo Young | yenny@ | 2017-11-07 09:51:05
Legislation is being pursued to protect software (SW) under patent law. The government plans to revise the law to define and punish the act of distributing unauthorized software of other users to the digital network such as the Internet or cloud service as `patent infringement`.
According to the Korean government ministry, the Korean Intellectual Property Office, the Ministry of Science, Technology, and Information and Communication Ministry and the Ministry of Culture, Sports and Tourism have begun preparations to revise the patent law after punishing the online infringement on the SW patent technology and consulting with related ministries to protect SW intellectual property rights. The KIPO decided to revise the patent law next year.
In the current law, if a SW patented technology of another person is used without permission to make a program, mount it on a device, or store it on a recording medium such as a CD or a USB memory card, it infringes a patent. However, if you distribute (transfer) the same SW to online such as the Internet, it is related to the infringement of copyright law.
This is due to the inability to define SW technology, which has to be protected by patent law, as one of the things or methods for years. The Patent Act defines the act of using a patented invention as "implementation", △ the invention of an object (production, use, transfer, lending, importing or subscribing for a loan (including exhibits for transfer or lease) ) △ Method of invention (act to use the method) △ It is divided into method of producing goods, but SW is not included anywhere.
In the past, there was a move to introduce online legislation that defines SW as a "invention (including a program)" by putting it into a program, and making online transmission based on changes in IT technology a violation. However, the insertion of the program cannot be defined in terms of objects and methods, and the revision work was eventually canceled due to a conflict with the terms defined by copyright law.
Therefore, the Korean Intellectual Property Office (KIPO) stipulated that SW technology should be defined as a European invention of `method invention`, avoiding conflicts between the two sides, and protecting infringement by defining infringement of patents on online unauthorized transmission. If SW is defined as `use of method`, misunderstandings due to use of program terminology are expected to be solved easily. Since last month, the Korean Intellectual Property Office, the Ministry of Information and Communication, and the Ministry of Culture and Tourism will hold a working-level meeting on the high-level.
The patent office has already revised the patent invention in order to protect the patents of the SW technology, but there are many misunderstandings about the program insertion. "It is a principle that it is not only to clarify the object of protection but also that the current patent does not apply to the SW patent even after the revision."
By Hur Woo Young yenny@
[ copyright ⓒ The Digitaltimes ]
According to the Korean government ministry, the Korean Intellectual Property Office, the Ministry of Science, Technology, and Information and Communication Ministry and the Ministry of Culture, Sports and Tourism have begun preparations to revise the patent law after punishing the online infringement on the SW patent technology and consulting with related ministries to protect SW intellectual property rights. The KIPO decided to revise the patent law next year.
In the current law, if a SW patented technology of another person is used without permission to make a program, mount it on a device, or store it on a recording medium such as a CD or a USB memory card, it infringes a patent. However, if you distribute (transfer) the same SW to online such as the Internet, it is related to the infringement of copyright law.
This is due to the inability to define SW technology, which has to be protected by patent law, as one of the things or methods for years. The Patent Act defines the act of using a patented invention as "implementation", △ the invention of an object (production, use, transfer, lending, importing or subscribing for a loan (including exhibits for transfer or lease) ) △ Method of invention (act to use the method) △ It is divided into method of producing goods, but SW is not included anywhere.
In the past, there was a move to introduce online legislation that defines SW as a "invention (including a program)" by putting it into a program, and making online transmission based on changes in IT technology a violation. However, the insertion of the program cannot be defined in terms of objects and methods, and the revision work was eventually canceled due to a conflict with the terms defined by copyright law.
Therefore, the Korean Intellectual Property Office (KIPO) stipulated that SW technology should be defined as a European invention of `method invention`, avoiding conflicts between the two sides, and protecting infringement by defining infringement of patents on online unauthorized transmission. If SW is defined as `use of method`, misunderstandings due to use of program terminology are expected to be solved easily. Since last month, the Korean Intellectual Property Office, the Ministry of Information and Communication, and the Ministry of Culture and Tourism will hold a working-level meeting on the high-level.
The patent office has already revised the patent invention in order to protect the patents of the SW technology, but there are many misunderstandings about the program insertion. "It is a principle that it is not only to clarify the object of protection but also that the current patent does not apply to the SW patent even after the revision."
By Hur Woo Young yenny@