Korea Gets More Worked Up for IP Enforcement
Sounds good. We also have the National Intelligence Service wanting more penalties for Industrial Espionage according to the Korea Times. One reason is the increasing number of cases:
Now we come to the "BUT", and its actually two big "BUTs". The National Intelligence Service stumbles on one of the "but's":
This is one of the larger problems in Korea with regard to IP prosecution. The most preferable way to prosecute an infringement case is via criminal law (civil law is a endless pit of despair). A catch is that most criminal cases, especially for these types of crimes, eventually result in slaps on the wrist. Hell, I once blogged about a man who molested two kids, 4 and 5, that only got 8 months in the slam. In a court system like that, guess how much a guy who stole some CD-ROMS gets?
Speaking of espionage, any updates on the LMNT case? The prosecution supposedly caught them red-handed, shouldn't it be a slam dunk? Its been over six months now since they were caught.
Now for the second "BUT". There is one huge hurdle that the above from the Cabinet and the NIS does not address. Also if you wanted an update, its one reason the "reward" system I talked about is hollow and meaningful as a chocolate easter bunny. There is no ex officio prosecution in Korea. That is to say the only reason way anybody is going to get even see the business end of the law is if a company actually invests the won to go and prosecute the thing. The program I blogged on, linked above, about the "reward" system for spotting counterfeiters, is meaningless since the only way an informer gets rewarded if the wronged party actually successfully prosecutes the case (among other problems).
In my personal opinion, the only way IPR laws will have any teeth is if both cases are easier to report, are vigorously pursued by the authorities (including allowing prosecutors to file injunctions), and FINALY the above concerns about penalties are addressed.
0 Comments:
Post a Comment
<< Home