Barun IP & Law
Live your life with shining “your own unique, dazzling light”
You can also become a Creative Minority that can change human civilization
SEOUL, SOUTH KOREA--(Korea Newswire) February 13, 2017 -- Lead Partner Ho Hyun Nahm of BARUN IP & LAW has published Designing Your Own Unique and Dazzling Life.
Book 1 deals with his own confessions on the topic of creative best efforts from the perspective of a person working as a patent attorney. Book 2 deals with the behind-the-scenes story of how an established Supreme Court case is reversed and a new precedent is adopted and relied upon. He has also added the applicable court decisions to give better context.
This book contains the life story of author Ho-Hyun Nahm who previously published the book Challenge the 21st Century with Intellectual Property Rights. The first half of his life centers on making a challenge with intellectual property rights in the 21st century; the second half of his life discusses his design of it in a dazzling, unique fashion.
True life story of patent and trademark attorney Ho Hyun Nahm
If you want a dramatic, miraculous outcome in your life, you will need to combine innovative and creative minds with best efforts that help to bend the pre-existing rules and barriers. This work helps to stimulate one's mindset to embark upon an adventure in life and unfolds in much the same manner in which a grandfather tells his life story to his grandchildren.
The author has said that living a life by believing in the power of positive ways of thinking is interesting beyond one's imagination, and that is the lesson he wishes to teach his grandchildren.
The first part of this publication discusses the author's disclosure of his life in his capacity as patent and trademark attorney has made best creative, innovative efforts.
The second part of the book discusses hidden stories concerned with his prevailing in lawsuits reviewed by the Korean Supreme Court or the Patent Court by surviving and breaking a Supreme Court precedent.
About the author
QUALIFICATIONS - PROFESSIONAL EXPERIENCE IN INTELLECTUAL PROPERTY
Ho Hyun Nahm is an internationally respected and recognized patent attorney and leading authority in the practice of international intellectual property law. Born in Youngdong Choongbuk Province, Korea in 1953, he obtained his LL.B. from College of Law at Choungju University in 1976 and M.P.A. from the Graduate School of Public Administration at Seoul National University in 1985. He served as a Partner at Central International Law Firm from 1987 to 1996. He founded his firm, H.H. Nahm International Patent & Law Firm, in September 1996. As of July in 2006, he established a strategic co-alliance partnership with Barun law-a major firm in Korea and changed the name of firm to BARUN IP & LAW.
ACTIVITIES - KOREA AND INTERNATIONAL
· Advisory Member, Presidential Advisory Council on Science & Technology, a Constitutional institution serving as an advisory board to the President of the Republic of Korea (2005-2006)
· President, Korea Chapter, Asia Patent Attorneys Association (APAA) (2012-2015)
· President, Korea Trademark Society (1999-2000)
· Chairman, Korean Internet Address Dispute Resolution Committee (2014 - 2016), Chairman of APAA Trademark Committee (2003-2009), Current Panelist on U.S. National Arbitration Forum (NAF), World Intellectual Property Organization (WIPO), Asian Domain Name Dispute Resolution Centre (ADNDRC), Czech Arbitration Court (CAC), Panelist of Korean Internet Address Dispute Resolution Committee (2012 - 2016)
· Current Arbitrator on Hong Kong International Arbitration Centre (HKIAC), Korean Commercial Arbitration Board.
· Member, Korean Industrial Property Law Association, Intellectual Property Forum, International Trademark Association (INTA), European Communities Trademark Association (ECTA), Pharmaceutical Trademarks Group (PTMG), the Association Internationale pour la Protection de la Propriété (AIPPI)
· Director and Member, Korean Chapter of Fédération Internationale Des Conseils En Propriété Intellectuelle (FICPI)
· Director of International Affairs (March 2000-February 2002) and Member, Korean Patent Attorneys Association
· Selected as one of ‘The World’s Leading Experts in Trademark Law’ in 1996 by 'Euromoney Publications PLC’ based in London
· Selected as “Leading Intellectual Property Lawyers in Asia Pacific,” “Most Highly Acclaimed Legal Experts in the Intellectual Property Practical Area(s),” “Highly recommended Asia-Pacific focused Lawyers in the Intellectual Property Area(s)” for 7 straight years (2007-2013), by ‘Asia Law’
· Recognized as the ‘Man of the Year in Law 2010’ by American Biographical Institute (ABI)
· Awarded as the “Winner of the 2010 New Quality Innovation Award (Service Innovation)” for the first time by a professional in the field of patents and legal services in Korea
· Awarded “Award in Writing” from the Korean Academy of Invention Education (2015)
Mr. Nahm hosted a weekly TV show and appeared in broadcasting frequently, spoke at international occasions numerously, wrote a great number of articles and books some of them recorded best seller.
· Host of Maeil Business News TV (MBN’)s Weekly Program, “Ho-Hyun Nahm’s Interesting Patent Stories”
· Author, “Challenging the 21st Century with Intellectual Property Rights”, selected as a best seller in the area of Politics and BusinessManagement (published by Chosun Daily Newspaper)
· Published “Challenging the 21st Century with Intellectual Property Rights” in English and Japanese
· Author, “Everything Under the Sun can be Patented,” (Yega Publishing Co.)
· Author, “Change Your Life with Ideas” (Park Young Books)
· Co - Author, “From Edison to iPod” (2010) (Business Map)
· Contributor, Korean Chapter of the International Opposition Guide (http://www.inta.org/Oppositions/Pages/IOG.aspx)
· Contributor, Korean Chapter of Enforcement _ AnInternational Litigation Guide (http://www.inta.org/EnforcementGuides/Pages/EnforcementGuides.aspx)
· Contributor, Korean Chapter of Doman Name Law and Practice An International Handbook, Second Edition (English version 2015, Oxford University Press)
TABLE OF CONTENTS
FIRST EXPERIENCE IS HEART-POUNDING EXHILARATION … 6
BOOK 1 - POWER OF THE POSITIVE FORCE
1 CAST YOUR NET ON THE DEEP SIDE … 12
2 DANCING AT MY FIRST INTERNATIONAL CONFERENCE … 18
3 MY FIRST BOOK PUBLICATION … 25
4 MY FIRST UNIVERSITY LECTURE … 31
5 FIRST TV APPEARANCE AS A TALK SHOW HOST … 36
6 MY FIRST PRESENTATION AT AN INTERNATIONAL CONFERENCE… 38
7 MY FIRST CHAIRMANSHIP AT AN INTERNATIONAL CONFERENCE… 42
8 THE CREATIVE MINORITY’S RESPONSE TO CHALLENGE … 45
9 PARTICIPATING IN KING’S COURT … 48
10 ROYAL TREATMENT BY A FOREIGN COMPANY … 54
11 VOLUNTEER WORK AS A CREATIVE MINORITY … 57
12 VIRTUAL AUGMENTED REALITY OF POKEMON GO … 64
13 INTERNET DOMAIN ADDRESS DISPUTES - EFFICIENT, FAIR AND INEXPENSIVE RESOLUTION… 68
14 REACHING 400 DECISIONS ON DOMAIN NAME DISPUTE CASES… 71
15 THE ROAD TO CRUSHING PATENT TROLLS IN THE PATENT WAR… 74
16 EDISON, THE KING OF INVENTION, AND PENNILESS … 83
17 LAWYERS ARE ALL IN HELL … 85
18 FINALLY A MILLION MILER … 89
19 EAGLE SOARING HIGH IN THE SKY … 97
20 JESUS NEVER GRADUATED FROM ELEMENTARY SCHOOL … 105
BOOK 2 - THE BENEFICIARIES OF CREATIVE BEST EFFORT
*Leading or Landmark Cases Won by the Author through Creative Best Effort
1 THE BATTLE BETWEEN“ SNOW PERFUME” AND “ ICE SNOW” … 112
2 THE GUARDIAN ANGEL FOR THE BRITISH ROYAL CHIEF DESIGNER’S TRADEMARK … 127
3 HYUNDAI MOTOR COMPANY PREVAILS OVER THE LOTUS GROUP OF U.K.… 137
4 ELEGANCE IS REBORN AS A VALUED TRADEMARK … 147
5 THE KOREAN BUSINESS FOR A LUXURY BRAND ALMOST DIDN’T HAPPEN … 165
6 TOPPLING THE IMPENETRABLE TOOTHBRUSH DESIGN RIGHT … 180
7 HYUNDAI MOTOR’S“ MONG-KOO CHUNG”
ENJOYING LONGEVITY-LIVING TO 120 … 217
FIRST EXPERIENCE IS HEART-POUNDING EXHILARATION
With humility, I wanted to bear witness to how interesting, fulfilling and wonderfully exciting life can be when you live with the belief of the“ power of positive force.” Regardless of the nature of one’s work or education, people strive to achieve their“ creative best” output. As a result, one can enjoy the sweet memory of dynamic stories of someone saving a person’s life or rescuing a family or even a nation. I can easily imagine how rewarding it would be for a doctor to apply his or her own creative craft to save a person’s life despite 1% chance of success.
I am reminded over and over again that the secret to happiness is confronting and overcoming adversities even where creative bes tefforts did not appear adequate. First experience is heart-pounding electricity. My memories of those first experiences where I took the challenge without cowering are still fresh in my mind. What followed those first experiences energized and excited me as I looked forward to the fruits of my labor.
I also want to share my personal realization of unique and dazzling experiences of “creative best efforts” not only with my peer patent attorneys, but also with all other professionals, business people and my good neighbors on this planet.
Your life will be filled with joy when you can shine “your own unique, dazzling light.”
“I” am not simply one of 7 billion people. My own unique existence was created in a truly precious time and space. There will never be anything resembling me before and after. I tell my children whenever I can.
“Look at the pebbles on the bank of the river. Each of them looks different. Why are you not as round as me? Why are you triangular? Why are you oblong? Don’t complicate things by thinking too much. Take things for what they are. Each of us is different. Because we are all different, there is value in each and every one of us. We follow and benefit from so many things that have been created in the course of mankind, and each one of us has a unique, dazzling formula for life. For this very reason, “I” have a precious and treasured existence. Likewise, we must acknowledge and respect each and every “you” and “them.” Each and every one as the world’s most unique existence.”
You must live with creative best effort. Your life will be filled with joy when you can shine “your own unique, dazzling light.” I am certain that your own “light” will contribute to the mankind in its own way.
Research analysis and data show that creative ideas and outstanding inventions come more from smaller-sized companies or individuals as opposed to conglomerates. Smaller units of organizations combine to form large ones. No one should look down on someone because of size. While our society may have grown somewhat materially, the level of our moral culture still has a long way to go. Let’s not forget that. We must not forget that individuals and small-sized companies are the lifeline and progress for the conglomerates and are the starting and destination point for the creative best effort and creative minority.
You shouldn’t be afraid to spend money on the fees of a lawyer or a patent attorney. Otherwise, you may need a spade when a hoe would have been enough. Remember, you will win every battle if you know yourself and your enemy. By precisely understanding the crux of the issue, anyone can all prevail without fighting.
Even at this moment, your good luck is floating around you. Be courageous, push out and get up. Reach out and grab your good luck. Take a look at your family, people and all matters around you with a new perspective and new mindset. You will begin to see a new world.
We follow and benefit from so many things that have been created in the course of mankind, and each one of us has a unique, dazzling formula for life. For this very reason,“ I” have a precious and treasured existence. Likewise, we must acknowledge and respect each and every“ you” and“ them.” Each and every one as the world’s most unique existence.”
You must live with creative best effort. Your life will be filled with joy when you can shine“ your own unique, dazzling light.” I am certain that your own“ light” will contribute to the mankind in its own way.
First experience exists for anybody in any fashion. First experience has to be remembered in an exciting fashion as well. The book “Designing Your Own Unique and Dazzling Life” has been published by the author who has engaged in the IP industry as patent and trademark attorney for 30 years. I would like to recommend this book to all young individuals who are ready to print their footsteps in society for the first time.
This book is written easily to the extent that a grandfather can tell his life story to his grandchildren. Also, it helps to explain the nature and character of patent and trademark attorneys. The biggest pro of this book is that it sends a message to the younger generation in our society. The author was no more than a poor countryside boy, but he explored his own life and had a bunch of first experiences successfully. A glance at these experiences of the author gives me the confidence that I need to live my life.
Luck and fortune find only those who are ready as co-incidents. You may feel that the author became successful as a lucky person. But, I have been working for him as a close associate and know that his success is no co-incidence. I know for a fact that the author did the best he could under any conditions. He had his own niche and believed in himself, and that is why he has been able to have the type of success that he has as a patent and trademark attorney.
I hope the readers will learn to believe in themselves and the power of positive energy. I also hope that they will be healthy enough to live tomorrow.
My favorite words in this book are as follows:
“I hope that you will have the pleasure of sharing what you have with society. You will live in a land of paradise. Rise up and live a courageous life. Reach out for happiness.”
(by Hye-Ri Kim, Patent/Trademark Attorney)
I have been interested in IP books since I engage in the IP industry. The title of this book caught my attention. The title of this book reminds me of the book Secret, a world bestseller many years ago. It can be summarized as one simple sentence “thinking becomes reality.” I thought to myself that the author would prove it to be true based upon his own experience.
Part 1 discusses the author‘s growing up as an individual and his experience as a patent and trademark attorney accumulated for a long period of time. I was touched and found it very emotional by reaching the parts where he discusses his first participation in an international IP event, his first publication, his first lecture in college, his first appearance at a TV show, his first speech at an international seminar, and his first running of an international IP event. Part 1 discusses how joyful a life can be by believing in the power of positive ways of thinking and making best efforts based on creativeness and innovation, and it is based on the author’s real life examples.
Part 2 contains the real cases the author worked on. It starts with the author‘s cases reviewed before the Supreme Court of Korea and the country’s patent court. The verdicts rendered are discussed in a manner that it can be easily understood by readers.
Taking representation for a global high end brand and trademark “Jimmy Choo”, breaking a pre-established Supreme Court precedent, and re-establishing a new precedent are the by-products of the author's belief in the power of positive ways of thinking and making best efforts based on creativeness.
The registration of Chung Mong Ku, the Chairman of Hyundai Motor Company, could not have been made possible without his creativeness. As I was reading the verdicts, I was cheering as though I had been the one winning those cases.
Once I had this book in my hands, I read it not knowing how fast time went, but whenever I have an opportunity, I will want to re-read and remember what it teaches for a long time.
(by Ji-Sun Lee, Patent Attorney)
There are a lot of successful individuals, and success comes with a lot of stories relevant to it. A glance and a read of such success stories will come with some commonality. The common denominator of successful persons has perhaps worked the same way, and in any field or industry, the by-products of success are pretty much the same anyways. The story told by the author in this book is different and unique.
His story is one in which not many knew much about the nature and character of patent and trademark attorneys, and in that era, the author put up challenges based on passion and energy to the extent that he is now one of the few recognized in the whole industry. How beautiful a man's passion and belief in himself and God!
The story the author is telling in this book is dynamic, and it is based on his experience travelling abroad, lecturing, and writing his own book so as to protect the IPRs of his clients. It is monumental and phenomenal. I can only be envious of him looking back on some of the most memorable moments in life and telling his story to his grandchildren. I must say that I respect him for the way he has been running his IP firm based on his adamant philosophy and ideas.
The precedents in the second part of the book are amazing. The by-products will teach a lesson to patent attorneys. I feel that his inspiration will have to continue to shed light in Korean society where a recognition of IPRs is still rather weak. I anticipate that I will get to learn a new lesson as a member of the creative minority based on his new pieces of work and new precedents that he will get to establish.
(by Seung-Hoon Oh, Patent Attorney)
I come to think of this book as unique and dazzling as suggested by its title. It was not long, but I was able to feel the author's passion and dedication in life. I was able to look back on my life and paused for thoughts of how I should live my life from now on.
The most impressive part of the first part of the book must be the author's unstoppable challenges. Most people would merely be satisfied with their given surroundings or be complaining about their own lives under the circumstances. It is common to see individuals place blame on their parents for their own problems. However, the realization that life is precious would help one to put up new challenges to make every effort to live a positive life. That is certainly one way in which to heighten his or her own value as an individual and member of our society. He would be the right person to be the protagonist of a happy life.
In the prologue of the book, I recall seeing a sentence stated as “go find deep water and throw a net for the power of positive thoughts.” I know you have to think large to live large. Not being afraid of making it to the international arena on a step by step basis has perhaps helped the author to stand in the position he is in today.
I naturally came to think that the author has experience with a variety of activities including lecturing in college, showing up as a guest speaker in a TV talk show, and participating in international IP events, and a natural person would not easily experience any one of these in his or her life.
I was able to reflect my life in a way that I may have kept some old fashioned ways of thinking as an IP specialist. My defiant character as a person might have waned quite a bit. Hopefully, everything will change.
I wish the author had left some insights as to how one should design his or her own life maybe instead of having precedents in the end. His experience in the IP industry coupled with pieces of advice might have helped quite a bit.
I got this book in the wake of the 20th anniversary of the foundation of our firm, but I took a moment to look back on my life and came to think the true value of life.
(by Gun-Ku Lee, Patent Attorney)
This book contains the author's turning points in life and the processes by which he experienced such steps vividly.
As mentioned in the prologue, this book contains the author's life story in much the same fashion in which a grandfather tells his life story to his grandchildren.
Instead of including intricate or rather complex stories of how intellectual property rights work, this book contains short and concise stories that are easily understood to such extent that it can inspire people who engage in the non-IP industry. It teaches those who engage in the IP industry a lesson of making best efforts as IP specialists and professionals creatively.
According to Greek philosopher Plato, there exist some ideas which are so general and abstract that they could not have arisen as a representation of any object of our perception, but rather were in some sense always present. These are distinguished from adventitious ideas which are images or concepts which are accompanied by the judgment that they are caused or occasioned by an external object.
Precedents are nothing more than images or concepts of legal judgments made in particular cases, and they standing alone cannot be the innate ideas. The author has experience with the processes to reach the verdicts he wanted, and this book includes a description of how to move and touch life, and I must say that this book is the substance of establishing a precedent.
Anybody could be afraid of making new challenges, and fear can produce negative thoughts about new concepts or challenges and would have to exclude them eventually. The author encourages his readers to put a new challenge in the world continuously with nothing but positive and creative minds.
The author says that the stories will be unfolded to his grandchildren, but he says that we should all break and bend the nearsighted judgments and prejudice; we are modern people who face new concepts on a daily basis.
Reading this book, I was able to look back on my life and to get positive momentum in life as well.
(by Kyu-Sang Lee, Patent Attorney)
I have been engaging in the IP industry but have never officially studied it in my life. I was looking for an IP book at a bookstore, and I just happened to locate some IP books that are dull, boring, or rather too general since they have merely copied some statutes. But, I finally happened to locate one that caught my attention.
The title of this book grabbed my attention and was written more in an essay format, and I ended up reading it all. I thought that the author had intended on writing the whole book to the extent that it would be easily understood by the readers, and I was correct. Reading this book would be more of an indirect experience of how the author became a patent and trademark attorney like a protagonist in a movie, and the author's description of life events as patent and trademark attorney was well written in a chronological order.
In my opinion, the author is an evangelist of IPRs, and I feel that he wishes to spread the knowledge of IPRs and his unique niche to others around him. Most legal scholars merely brag about their depth of knowledge, but this book is different. It is written to such extent that readers who do not know anything about IPRs can get to know them easily. In particular, reading the part where the author easily explains the concept of distinctiveness of a trademark, his story of having a crush on a beautiful looking English teacher from America, I must say that he would have succeeded in being a good teacher had he chosen to become one. He also criticizes the government in power in Korea and urges them to invest money on life science and develop industries for future growth. It is sweet.
The author discusses U.S. corporations and their manner of treating others. He is of the opinion that Korean corporations should treat their subcontractors as their own members and officers. He goes on to say that creative thoughts and minds come from smaller organizations more often, introduces a success story of Chairman Cho of Korean Airlines and gets self-critical for speculating that Korean corporations are representatives of engaging in unjust corporate behavior and incestuous relationships with politicians.
The story where the author missed an overbooked flight and was bound to be late for his meeting with clients but where he ended up getting aboard a Concord flight is sufficient to suggest that the author is living his life with positive ways of thinking. He feels grateful even for small returns, and he finds life standing alone attractive enough.
I was nearly in tears when I got to the part where he discusses his thinking of his wife. His desire to become a successful person, to publish a book, or even to play a round of golf was all based upon his love for his wife, and she went to God earlier. I can only depict the author looking at a TV monitor in a children's hospital that shows the pictures of his wife in a lovingly fashion.
I got to know the fact that Jesus Christ was not even a graduate of primary school only by reading this book. The author emphasizes that people should not keep their heads down merely because of their low profile in education. He cites to the statement made by Andrew Johnson, “the power to lead this country is not education but a will and desire.” He supports those who are more than willing to break the walls of prejudice, to rise up and to become members of a creative minority. I have strength and desire after reading this book.
Part 2 discusses the key precedents the verdicts of which were rendered by the court, and he was successful because of his making of best efforts based on creativeness. Once can think of it as dull or boring, but he or she can know it was written and laid out in an interesting fashion.
The author's intention of writing this book comes is such that he wishes to share his knowledge with people around him. It seems as though he would like to share everything that he knows with members of the public and is making every effort for this purpose. The flow is natural and easy as though he can read a tale to his grandchildren. The author is not a pure novelist, but he wants the readers not necessarily to remember him but his story. I feel fortunate to have read this book since the author pursues the same value that I do, and I believe in the power of positive ways of thinking.
Hopefully, his next book will be titled as We have expectations since we are a creative minority. And, maybe I hope to find myself who has made progress as a member of the creative minority.
(by Hye-Sun Kim, Patent Manager)
Overview of BARUN IP & LAW
BARUN IP & LAW engages in helping to acquire patent, industrial design, and trademark rights and also in litigation services for patent and trademark infringement cases on the basis of its strategic alliance with BARUN LAW, and one stop total services in all these areas are performed for its clients.
Also, since its foundation on September 14, 1996, the services provided by BARUN IP & LAW have included providing advice, engaging in prosecution work, drafting of licensing agreements, and representing clients in courts of law for litigation efforts for as many as 2,000 clients for the last two decades in patents, utility models, industrial designs, trademarks, protection of computer software programs, and domain names. Such IP services performed have also involved filings completed both home and abroad, PCT international filings, and international trademark filings through the Madrid Protocol system.
In particular, BARUN IP & LAW has professionally licensed individuals including our patent and trademark attorneys who involve themselves in providing legal advice for the adoption of inventions amongst multinational corporations, for joint investment, for resolving patent disputes, for trademark assignments and dispute resolutions, and also for the drafting of license agreements.
BARUN IP & LAW