EUKoreaFTA

The EU-Korea Free Trade Agreement

Intellectual Property Rights

EUKoreaFTA

Introduction

1. The EU-Korea FTA has a comprehensive and ambitious IPR Chapter.

2. Shared interests: knowledge economy is important for both EU and Korea.

EUKoreaFTA

FTA objectives in the IPR field

1. Go beyond the parties’ WTO commitments

2. In some cases, direct impact on IPR standards

3. Consolidate and promote the convergence between EU and Korean standards

4. Establish mechanisms for consultation and cooperation in the IPR field

EUKoreaFTA

Chapter 10 Intellectual Property Rights

1. Protection standards

2. Enforcement

Copyright

Trademarks

Geograph.indications

Patents

Designs

EUKoreaFTA

Copyright

1. Rights of authors expire 70 years after the author’s death (currently 50 years)

2. Broadcasting organisations’ rights expire not less than 50 years after first transmission. Unauthorized transmission over the Internet not allowed.

3. Rights of performers in case of broadcasting and communication to the public of their performances.

EUKoreaFTA

Copyright (2)

1. Works of art: artists’ resale rights

2. Protection against circumvention of technological measures

3. Protection of rights managament information

EUKoreaFTA

Trademarks

1. Registration and opposition procedures

2. ‘Reasonable efforts’ to comply with the 2006 Singapore Trademark Treaty

EUKoreaFTA

Geographical indications

1. GIs for foodstuffs/ agricultural goods including wines and spirits

2. 160 geographical indications from the EU protected in Korea

3. 64 geographical indications from Korea protected in the EU

EUKoreaFTA

Geographical indications (2)

1. Scope of protection for all products: high level of protection similar to TRIPS Article 23 (objective protection)

2. Relation with Trademarks

3. Addition of new geographical indications

- Working group on G. I.

EUKoreaFTA

Designs

1. New and original designs are protected against unfair copying and unfair use

2. Registered : at least 15 years

3. Unregistered : at least 3 years

EUKoreaFTA

Patents

1. ‘All reasonable efforts’ to comply with arts. 1-16 of the Patent Law Treaty

2. Patent right’s extension for pharmaceutical and plant protection products

3. Data exclusivity for pharmaceutical (5 years) and plant protection products (10 years)

EUKoreaFTA

Enforcement: civil measures

1. General principles

2. Obtention and preservation of evidence

3. Right of information

4. Provisional, corrective measures and injunctions

5. Damages

EUKoreaFTA

Criminal enforcement

1. Parties will provide criminal enforcement at least for trademark and copyright infringements on a commercial scale and consider establishing criminal liability for GI and design counterfeiting, and to legal persons.

2. Penalties should be effective, proportionate and dissuasive.

3. Seizure and confiscation

4. Aiding and abetting

EUKoreaFTA

Online service providers

1. Mere conduit

2. Caching

3. Hosting

4. No general obligation to monitor

EUKoreaFTA

Border measures

1. Right to apply for suspension of the release of goods

2. Active duty of customs authorities to suspend the release of goods (“ex officio”)

3. Korea has 2 years to provide for 1. and 2. for patented goods and registered designs

EUKoreaFTA

Cooperation

The parties agree to establish a regular and effective dialogue on IP issues, on topics relevant to the protection and enforcement of IPR