[Ip-health] EU, Korea agreed on IP issues in FTA talks

[heeseob nam]

At sixth round of FTA talk (from January 28 to February 1, 2008 at
Seoul), EU and Korea reached an agreement in intellectual property
issues. EU withdrew its demand of 10 year data exclusivity. Instead
Korea accepted EU's demand to expand the board measures to patent,
industrial design, geographical indications and plant varieties.

Next round is scheduled in this April.

Related news articles and my previous posting follow.

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http://fta.korea.kr/Article/?dataGubun=News&dataSeqNo=13606&PageMode=Detail

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http://www.koreatimes.co.kr/www/news/biz/biz_view.asp?newsIdx=18340&categoryCode=123

S. Korea, EU Agree on Intellectual Property Rights

By Kim Yoo-chul
Staff Reporter

South Korea and the European Union (EU) almost reached an agreement on
intellectual property rights in free trade negotiations held in a
Seoul hotel, Thursday.

``The EU withdrew its earlier demand on paying royalties for music
played in public, while we promised to strengthen government action
against companies violating intellectual property rights,'' Kim
Han-soo, South Korea's chief delegate, told reporters on the sidelines
of the sixth round of free trade agreement (FTA) talks.

``Both sides also agreed to expand intellectual property rights to
design and environmental-related goods,'' said Nam Young-sook, an
assistant secretary of the foreign ministry.

The patent rights for these will take effect two years after the
Korea-EU FTA is formally signed, while others will be effective
immediately, according to Nam.

The EU had requested the adoption of public performance compensation
claims, where reimbursement is made to musicians, singers or those
holding copyrights when their music is used in public establishments.
Seoul had refused to accept this, claiming potential damage to
small-scale vendors as well as consumers.

Kim said the two sides also agreed to the use of the ``Made in the
EU'' label for certain goods that South Korea believes will not
seriously challenge the domestic industry.

The EU wants all exports labeled as EU-made rather than naming the
specific country where the product was made on the expectation of
better prices, while South Korean officials had rejected the proposal
in a move expected to further complicate talks already hung up on
recognizing products made in the Kaesong Industrial Complex in North
Korea as made in South Korea.

The two sides did not see any significant progress in the field of
investment in services.

``We need more time on that sector,'' Kim said.

yckim@koreatimes.co.kr

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From: ip-health-admin@ lists.essential. org [mailto:ip-health-
admin@lists. essential. org] On Behalf Of heeseob nam
Sent: 21 September 2007 02:14
To: ip-health@lists. essential. org
Subject: [Ip-health] EU demanded 10-year data exclusivity in FTA talks
with Korea

Reportedly, Mr. Kim, Korean chief negotiator, said on Thursday
(September 20) that the EU demanded 10 year exclusivity on test data
submitted for drug approval.

Korean position is strong in rejecting the EU's proposal, Mr. Kim said.

Currently, data exclusivity in Korea is 6-yar for new drug and 4-year
for new clinical information. The Korea - US FTA, still waiting for
congressional ratifications of both parties, requires "at least" 5-3
year system.

The 6-4 year system was introduced in Korea under pressure from EU.
When bilateral negotiation on intellectual property rights was reached
between US and Korea on July 1987, EU pressed Koreato provide the same
benefits as US got. EU used GSP (Generalized System of Preferences)
leverage by stopping the GSP application to Korean products from
January 1, 1988. After a series of bilateral talks, the GSP
applicability was renewed in exchange of Korean adaption of 6-4 year
data exclusivity on September 1991.

The third round of the FTA talk between EU and Korea began this Monday
in Brusesels, but little progress mainly due to dissatisfaction of
both sides on offered tariff concessions.

--
Heeseob Nam
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