[Patent Talk] Patent Attorney Litigation Representation Stalled in the Legislation and Judiciary Committee... K-Patents Falling Behind

The 'amendment to the Patent Attorney Act,' which would allow companies, if they wish, to appoint patent attorneys as co-counsel together with lawyers in patent-related civil litigation, once again failed to clear the Legislation and Judiciary Committee on the 23rd. The amendment was referred to the Second Bill Review Subcommittee, and judging from past experience, it now faces a high risk of being automatically discarded when the National Assembly's term ends. Discussion of the amendment began in 2006, and this was the first time in about 14 years, since November 2009, that it had been placed on the committee's agenda.

This makes a mockery of the claim that Korea is a patent powerhouse belonging to the IP5, the group of the world's five leading patent offices. Even conservative Japan, through government-led legislative reform, introduced a system of joint litigation representation by patent attorneys and lawyers back in 2003, now in its 20th year, while China and the United Kingdom allow patent attorneys to represent clients in litigation on their own. As the importance of patents grows by the day in an era of technological hegemony, the Unified Patent Court launching in Europe in June also plans to allow suitably qualified patent attorneys to represent parties on their own.

At this session of the Legislation and Judiciary Committee as well, the amendment was sent to the Second Subcommittee on the boilerplate grounds that further discussion was needed on questions of legal interpretation and institutional safeguards. Although the number of lawmakers supporting the amendment has grown in line with global trends and social needs, lawmakers with a legal background remain conservative about changing the system. It was particularly regrettable that some lawmakers asked questions that seemed to confuse an appeal to the Patent Court (action to cancel a trial decision) with an action for damages based on a patent right, suggesting that the purpose of the amendment was not accurately understood. It is also puzzling that the Commissioner of KIPO, who had declared at the beginning of the year that joint litigation representation by patent attorneys would be introduced, did not state a clear position on the amendment when questioned by lawmakers during the committee's deliberations.

Japan introduced joint litigation representation 20 years ago. China, the United Kingdom and Europe allow patent attorneys to represent clients on their own. Korea, however...