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1 NEWSLETTER n.22 January 2010

2 Welcome to our 22 nd Newsletter and Happy New Year! This is the IPRs DESK at the Italian Trade Commission, the Trade Promotion Section of the Italian Embassy in Seoul. Recently, we released the new publication IP Franchising Agreements in the Republic of Korea. For more information we invite you to write us to: or We hope our newsletter to provide you with valuable and relevant references. Should you have any comments and recommendations, please do not hesitate to contact us. Kindest regards, IPRs DESK 1

3 ... Italy Boosts Contribution to WIPO On December 10, 2009, the Italian Government announced that it would build on extra-budgetary contributions to World Intellectual Property Organization (WIPO) with an additional one million Euros. The announcement was made by Italy s Secretary of State, Ministry of Foreign Affairs, Mr. Vincenzo Scotti, and Mr. Giuseppe Tripoli, Chief of Department, Ministry of Economic Development at the international Conference in Rome (10-11 December), jointly organized by WIPO and Italy s national Council for Economies and Labor (CNEL), with the participation of CNEL President Antonio Marzano and WIPO Director General Francis Gurry. WIPO established a Funds-in-Trust (FIT) program in 2007 to cover IP-related activities in developing countries and countries in transition. The Italian FIT program prioritizes the promotion of economic and commercial activities based on IP, the relationship between IP and technological development, the development of creative industries, the use of IP by small and medium-sized enterprises (SMEs), the protection of geographical indications (GIs), industrial designs, IP training, and the fight against counterfeiting and audiovisual piracy. Italy is one of the largest contributors of extra budgetary resources to WIPO. Part of the funds announced by Italy will support the development of a Global IP-Based Entrepreneurship Program, an interdisciplinary pilot training program which would initially be hosted by an Italian University. The program will rely on the case studies of successful use of the IP system by SMEs in the OECD countries, notably Italy. The funds would also support programs to stimulate the use of the IP system by SMEs in specific industries, such as IT, software, biotechnology, textiles, agribusiness, and tourism. From 2

4 ... KIPO and EPO Commissioners Meeting The Commissioner of the Korean Intellectual Property Office (KIPO), Mr. Koh Jung Sik, and the Commissioner of the European Patent Office (EPO), Ms. Alison Brimelow, had an official Meeting in Seoul on December 1, The agenda s key-points included cooperation on patent information system, expansion of exchange programs for patent examiners and Patent Prosecution Highway (PPH). At the meeting, the two offices made an agreement on KIPO s test use of EPOQUE-net which is EPO s patent search tool. They will also soon establish a shared-patent information system which allows the exchange of patent examination data between the two parties via Internet. Such measures will improve examination quality and applicants convenience. In addition, the two Commissioners agreed on expanding personnel exchange to enhance cooperation on patent examination. According to the agreement, Korean patent examiners will participate in four educational patent courses of EPO Academy in KIPO and EPO will also develop new exchange programs for patent examiners. The two Commissioners also shared their understanding on the necessity of early adoption of a PPH between Korea and the EU and consented to begin a feasibility study. The PPH between KIPO and EPO is expected to shorten the examination period and improve the examination quality. Moreover, such a system would accelerate the introduction of Korea s PPH with other EU member states. From 3

5 EC Welcomes Ratification of the WIPO Copyright Treaties Recently, the European Union and its Member States have ratified the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty, the so-called "Internet" Treaties. Such Treaties were concluded to make the world's copyright laws "fit for the internet". Internal Market Commissioner, Charlie McCreevy, commented this was an important day for the European Union, its Member States and WIPO. And he added that these two treaties bring protection up to speed with modern technologies. By ratifying these Treaties, the European Union and its Member States hope to breathe new vigor into the current treaty-making work of WIPO and encourage renewed commitment to moving forward on a high level of protection for creators and creative industries. The European Union and its Member States participated fully in the Diplomatic Conference of 1996 that aimed to upgrade the rights of authors, performers and phonogram... producers to withstand the challenges of the digital age. The two WIPO copyright Treaties contain rules on distribution, rental, the right of public communication and the "making available" of protected content online. In 2000, the European Union and its Member states took the formal decision to ratify the WIPO Treaties together. Indeed, negotiations on these two Treaties marked the first time that the European Union was accorded full Contracting Party status in the field of copyright, as opposed to the observer status it enjoyed so far in WIPO on copyright issues. Immediately after the Diplomatic Conference in 1996, work started at the European level to adapt European copyright law to the WIPO "internet" Treaties. A European Copyright Directive was adopted in All EU Member States have meanwhile transposed the provisions of the 2001 Copyright Directive into their national legislation. From 4

6 Korea-EU Free Trade Agreement The Korea-EU FTA is being translated into the 22 languages of the 27 EU member States, whose leaders will formally sign it later. The Korea-EU FTA will come into effect once it is ratified by the National Assembly and by the EU Council. The EU also needs approval from the European Parliament. According the Korean Government, even before the FTA goes into full effect, tariffs will come down. Seoul and Brussels began negotiations in May 2007 and concluded the talks in July Both sides managed to initialize the deal on October 15 in Brussels with the aim of officially signing the deal in the first quarter of The historic FTA will eliminate or phase out tariffs on 99.4 percent of EU goods shipped to Korea and 95.8 percent of Korean goods exported to the European trade bloc, all within a three-year period. According to economic analysts, Immediate tariff removal will boost inter-trade relations and would make up 76.7 percent for the European Union and 69.4 percent for Asia`s fourth-largest economy. All tariffs in the industrial product sectors would be... removed within seven years, with a small remaining portion concerning the sensitive agriculture and fisheries sector for Korea extending up to 15 years. According to the available text of Agreement, Chapter Ten is devoted to Intellectual Property Rights issues, as follows: Section A: General Provisions Section B: Standards Concerning Intellectual Property Rights Sub-section A: Copyright and Related Rights Sub-section B: Trademarks Sub-section C: Geographical Indications Sub-section D: Designs Sub-section E: Patents Sub-section F: Other Provisions Section C: Enforcement of Intellectual Property Rights Sub-section A: Civil Measures, Procedural Remedies Sub-section B: Criminal Enforcement Sub-section C: Liability of Online Service Providers Sub-section D: Other Provisions 5

7 ... Especially for Geographical Indications, a list containing 64 Korean and 162 EU GIs is annexed for reciprocal protection. And among these, 37 GIs are Italian: 16 for food and 21 wines. From The Korea Herald - November 6, 2009 NAME TO BE PROTECTED Aceto balsamico Tradizionale di Modena Cotechino Modena Zampone Modena Mortadella Bologna Prosciutto di Parma Prosciutto di S. Daniele Prosciutto Toscano Provolone Valpadana Taleggio Asiago Fontina Gorgonzola Grana Padano Mozzarella di Bufala Campana Parmigiano Reggiano Pecorino Romano PRODUCT Sauce - seasoning Pork meat Pork meat Pork meat Ham Ham Ham 6

8 NAME TO BE PROTECTED Chianti Marsala Newsletter n Seoul, January 2010 PRODUCT» Asti Barbaresco Bardolino Barolo Brachetto d'acqui Brunello di Montalcino Vino nobile di Montepulciano Bolgheri Sassicaia Dolcetto d'alba Franciacorta Lambrusco di Sorbara Lambrusco Grasparossa di Castelvetro Montepulciano d'abruzzo Soave Campania Sicilia Toscana Veneto Conegliano Valdobbiadene 7

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13 From The Korea Herald - November 6,

14 Newsletter n Seoul, January 2010 Aceto balsamico Tradizionale di Modena Sauce - seasoning Cotechino Modena Pork meat Zampone Modena Pork meat Mortadella Bologna Pork meat Prosciutto di Parma Ham Prosciutto di S. Daniele Ham Prosciutto Toscano Ham Provolone Valpadana Taleggio Asiago Fontina Gorgonzola Grana Padano Mozzarella di Bufala Campana Parmigiano Reggiano Pecorino Romano 13

15 Chianti Marsala Newsletter n Seoul, January 2010 Asti Barbaresco Bardolino Barolo Brachetto d'acqui Brunello di Montalcino Vino nobile di Montepulciano Bolgheri Sassicaia Dolcetto d'alba Franciacorta Lambrusco di Sorbara Lambrusco Grasparossa di Castelvetro Montepulciano d'abruzzo Soave Campania Sicilia Toscana Veneto Conegliano Valdobbiadene 14

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