[‘Patent Judgment Emergency’ K-Semiconductor]④ Japan Fighting Together and Taiwan Emphasizing Prevention... Advanced Countries Also Fully Prepared for Disputes

Advanced Countries Abroad Also Prepare for Semiconductor 'Patent Disputes'
Japan, with Accumulated Laws and Experience on Materials, Parts, and Equipment
Trade Promotion Organization Issues Warnings and Administrative Sanctions
Taiwan Follows 'Trade Secret Protection Guidelines'
US Encourages Compensation Claims Even for Small Damages
European Patent Office Head Urges "Unitary Patent Membership"

As overseas disputes intensify, responses from developed countries are also accelerating. Experts often cite Japan as the country with the most robust legal system and extensive experience in supporting small and medium-sized enterprises (SMEs) in disputes. In May last year, the Japan Patent Office announced that it would provide support for overseas infringement response and overseas application costs targeting SMEs. Accordingly, SMEs whose patents or trademarks obtained overseas are infringed can, with the help of the Japan External Trade Organization (JETRO), send warning letters to counterfeit manufacturers and apply for administrative raids and customs seizures. They can also request the removal of counterfeit sales content posted on web pages. Support is also provided to actively respond and partially cover costs when Japanese companies’ trademark rights are infringed. In cases leading to legal disputes, costs incurred before and after litigation, such as consultations with patent attorneys and lawyers, as well as expenses during response and settlement processes, are partially supported. It can be said that they effectively fight alongside the companies involved in disputes from start to finish.

Semiconductor wafer

Taiwan’s materials, parts, and equipment (SoBuJang) companies have been protected since November 2018 under the ‘Guidelines for the Reasonable Protection of Trade Secrets for SMEs’ created by the Taiwan Intellectual Property Office (TIPO). The guidelines are said to have become more detailed recently as Taiwan dominates the global semiconductor market. The guidelines reportedly reference Japan’s legal system, where SoBuJang companies have traditionally been active. Rather than focusing on support after disputes arise, the guidelines emphasize preventive measures that must be observed beforehand. They assist companies in establishing clear policy directions regarding trade secret protection within their management organizations and require classification of confidential information by economic value with designated access levels. Companies must enter into agreements with employees regarding intellectual property (IP) ownership and confidentiality and manage trade secret assets through security measures such as personnel control and facility management. Provided that all these guidelines are followed, the government offers broad support to companies that still encounter disputes.

Additionally, in January, the United States amended related laws to allow companies to actively claim damages from the Copyright Claims Board (CCB) even if the patent infringement damages are small (approximately 6.7 million KRW or less). In Europe, in September, Ant?nio Campinos, President of the European Patent Office, emphasized the importance of supporting patent protection for SMEs at the ‘International Conference on IP Strategies for SMEs in Competitive Markets’ held in Poland. He urged many member states to join the ‘Unitary Patent,’ which allows patent rights to be exercised across 17 European Union (EU) member countries with a single patent registration.