Today, the issues of COVID-19 and the U.S.-China political conflict are contributing to global uncertainty. In particular, corona vaccination, technology, hegemonic war, securement of strategic assets, artificial intelligence(A.I.), big data, the metaverse, cryptocurrency and digital transition is being discussed. The core behind these issues is intellectual property( I.P.). We are in a digital industrial era. Further, when setting up policies on industrial property and copyright matters, if we regard them separately, we cannot expect synergy and efficiency of the policy. In October 2020, many Korean associations on industrial property and copyright formed a juristic organization named 'the Korean Federation of I.P.Societies' like the Korean Federation of Science and Technology Societies and the Korean Federation of Arts Organizations. It was a sensible decision. In 2020, The International Institute for Management Development in Switzerland reported the evaluation on policy enforcement of 63 countries throughout the world. According to this report, the Research and Development (R&D) investment ratio to Gross Domestic Product (GDP) in Korea ranked 2nd,and the Korea's number of patent applications ranked 4th. However, the efficiency on the policy enforcement of the Korean government ranked 34th. Mr. Nak-yeon Lee and Mr. Sye-kyun Chung, both former Prime Ministers and who served as Chairpersons of the Presidential Council on I.P., announced a policy proposal as Presidential candidates to let a new Korean I.P. Office handle industrial property and copyright matters together, after amending the Korean Government Organization Law. After that, speakers at seminars held by the Korean Federation of I.P.Societies, I.P.Forum, and National Academy of Engineering of Korea, along with Mr. Jong-yong Yoon, a former Chairperson, and even Mr. Sang-jo Jung, the present Chairperson of the Presidential Council on I.P. also supported the formation of the new Korean I.P.Office. As an example of the previous disfunction up until now, the fact that 11 Korean Ministries and Agencies are enacting and amending laws on AI, no Ministry or Agency has been able to enact and amend sufficient laws as of yet. A much more tremendous amount of money than that which is being invested in the Korea Stock Price Index (KOSPI) and Korea Securities Dealers Automated Quotation (KOSDAQ) is now being invested in cryptocurrency. Even though cryptocurrency is not legitimate currency yet, the government is now considering a way to impose a tax on it. Under this situation, which Ministry is appropriate for handling cryptocurrency ? The issue of the Climate Change Convention is not only the environment. One hundred thirty-six countries agreed to induce a Global Digital Tax system from 2023, whereas the European Union reviews how to enforce a Carbon Border Tax from 2035. These kinds of taxes are not traditional tax issues. To set up an active nationwide survival strategy in the digital industrial era and in consideration of a fast-changing I.P.system, we can not expect good synergy and efficiency with the present government organizations (Industrial Property of the Korean I.P.Office, Copyright of the Ministry of Culture, Sports and Tourism ) which are handling things separately. Therefore, we need to establish a new Korean I.P.Office like the U.K., Canada, Switzerland, Singapore, Belgium, Hungary, Thailand,and Luxembourg.The World I.P.Organization( WIPO ) established in 1974 under the United Nations, has handled industrial property and copyright matters together until now. The head of the new Korean I.P.Office must be a Cabinet member class Minister to monitor policy conflicts of each Ministry on A.I.,Geographical Indications, Genetic Resources,Traditional Knowledge, New Varieties of Plants and Publicity Rights,etc. I believe that the present I.P.Framework Law must be amended because decisions of the Presidential Council on I.P.,have not been reported to the President, even though the Presidential Council on I.P., had been formed under the President. Further, I recommend introducing an I.P.Secretary system at the Presidential House, because according to the 2008, Prioritizing Act on I.P.Resources and Systems in the U.S.A., the I.P.Enforcement Coordinator has reported a variety of I.P.Policies to the U.S.President. Now, wise decisions must be made by us in order to make a strong nation on I.P.
Myung Shin Kim,Adviser,Presidential Council on Intellectual Property. Daily Electronic Newspaper on February 3,2022 |
