1. Myung-Shin KIM Managing Patent Attorney MYUNG-SHIN & PARTNERS SEOUL, KOREA Intellectual Property Basic Law In Korea

2.  Poor in natural resources  Too many people for limited land space  Relatively high educational standard Korea 1

3. In 1964, Korea exported U.S.$100 Million and personal GNP was just U.S.$100. In 2010, Korea exported U.S.$467 Billion and personal GNP reached over U.S.$20,000. 2

4. It is necessary that the Government creates an environment where I.P. policies are the most important. 3

5. Aug. 30, 2005, Inaugural Meeting of the Intellectual Property Forum approved by the National Assembly as a juristic entity. 4

6.  Now it is the era of I.P.  Creation & Protection of I.P. is a shorthand way to cultivate the talented. Catchphrases of the I.P. Forum 5

7.  The power of I.P. is caused by the combination & harmonization of culture, art, science & technology.  In the future, our only way to survive is with I.P.  I.P. is a national competitiveness. 6

8. The first I.P. Basic Law bill prepared by the I.P. Forum was submitted to the National Assembly on July 7, 2006. 7

9. The second I.P. Basic Law bill, signed by 102 members of the National Assembly was submitted to the N.A. on Nov. 4, 2009. 8

10. On Dec. 1, 2009, the I.P. Forum made a recommendation to the President. An I.P. Basic Law bill prepared by 13 government departments was also submitted to the N.A. on Aug. 4, 2010. 9

11. The N.A. amended the legislative bill based on the government version and the I.P. Basic Law bill was passed by the N.A., on Apr. 29, 2011. It was effective from Jul. 20, 2011. 10

12. President Presidential Council on Intellectual Property Secretariat 11

13. 1. To establish mid & long term policy goals and directions for facilitating the creation, protection, utilization and enhancing the base of I.P. 12 Role of Presidential Council on Intellectual Property

14. 2. To adjust on I.P. policies by each administrative Ministry 3. To screen the bills for enactment or amendment of related I.P. laws and regulations 4. To establish an evaluation system for I.P. value 13

15. According to Art. 21, Para. 1 "Simplification of the Litigation Proceedings" of the I.P. Basic Law, it is necessary to reconsider the judicial system on I.P. cases in Korea. 14

16. Procedure for Patent Infringement Suits in Korea District Court Supreme Court High Court : 1st Instance : 2nd Instance : 3rd Instance 15

17. Procedure for Patent Invalidation Suits in Korea Patent Tribunal Supreme Court Patent Court : 1st Instance : 2nd Instance : 3rd Instance 16

18.  U.S.A. : In 1982, C.A.F.C. as 2nd Instance  JAPAN : In 2005, Tokyo I.P. District & High Court  U.K. : In 1978, Patent Court  FRANCE : In 2009, only Paris District Court among 185 District Courts  TAIWAN : In 2008, Taipei I.P. High Court 17

19. My Proposal for Legal Procedures for Patent Suits Seoul District Court Daejeon District Court Supreme Court Patent Court : 1st Instance : 2nd Instance : 3rd Instance 18

20. According to Art. 21, Para. 2 "Expert in Dispute Solution" of the I.P. Basic Law, I think that the Patent Attorney must be paticipated in Patent Infringement suits with lawyer at law 19

21. I hope that a reasonable valuation method for I.P. is developed and an organization to evaluate the value of I.P. is established. 20

22. Bank Loans based on I.P. assessment issued by an I.P. evaluation organization. The risk a bank takes must be supported by the I.P. Insurance Corp. 21 My Proposal

23. Korea's future industries and international competitiveness will be influenced by the successful operation of the I.P. Basic Law. 22

24. The only way that Korea can survive in the future is through I.P. and I.P. itself is a national competitiveness. 23