- Korean Intellectual Property Office(KIPO) acknowledges the ‘prominence’ of the
name of Hwang U-Seok.
There are questions rising as to who is going to
own the right for the trademark of the name Hwang U-Seok. That name was
submitted in a trademark application to KIPO. The individual, Hwang U-Seok, is
renowned widely for his research of the human embryo stem cells.
In this
situation, KIPO(Director General, Kim Jong-Kap) has internally decided to turn
down the application under the name of Hwang U-Seok by applying the prominence
clause to the name. If prominence is applied to the name, no one is allowed to
register the name as a trademark. So it appears that there is no chance, at
least in Korea, for anyone except professor Hwang to register the trademark of
Hwang U-Seok and own the right.
KIPO confirmed that there was a Korean
who tried to register the ‘Hwang U-Seok Laboratory’ and ‘Hwang Woo-Suk Valley’
to use for the various service businesses such as microbic and medical research.
They say that the application was submitted by the person in January
this year. If the application is approved and registered, He will be able to own
the trademark right of the name and do such research businesses mentioned above
under the name of Hwang Woo-Seok Laboratory. For Professor Hwang, if such case
happens, He can not avoid some disputes over the trademark right and will be
restrained from dong businesses by using his name.
After the internal
inspection of the application disputed, KIPO has decided that the name, Hwang
U-Seok is pertaining to the prominence clause. As a result, it is able to screen
out the name even in the preliminary inspection. The decision has reflected the
fact that professor Hwang has been spotlighted worldwide for his pioneering
research on the human embryo stem cells since last year and he has been reported
frequently through the press at home and abroad. It is also said that that the
majority of Koreans know of him.
The decision by KIPO is going to
protect professor Hwang’s personal rights and it might bring such additional
effects that any attempt to utilize Professor Hwang’s eminence for economic
benefits will be completely prohibited. The decision is believed to shut out any
plot to take advantage of the name of Hwang U-Seok by confusing people to
falsely accept that a product or a service is related with professor Hwang. In
addition, It is also possible to prevent, if any, free-riding on the eminence of
professor Hwang.
References for the trademark registry of Hwang U-Seok
Trademark?
An emblem used by an entity which produces, processes
and approves or sells to distinguish its own products from others.
Servicemark?
An emblem used by an entity to distinguish its
service business from others.
Trademarks deniable
Article 4 : A
trademark harmful to the public order or a good national customs.
Article 6
: The name, the title or the business name, the photo, the signature, the stamp,
the pseudonym, the professional name and the pen name of the prominent person,
unless getting permission from the person who owns the right
Article 11 : A
trademark deceiving consumers or giving misunderstanding of the product quality.
Source : KIPO Press Release, Date June 28, 2005.
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