• 한국디지털정책학회:학술대회논문집
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• 2006.12a
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• pp.299-309
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• 2006

현대의 정보시스템은 법의 존재와 사적, 지식 재산권을 보호하는 사회적 관습과 심각하게 대립해 왔다. 지식재산권은 개인이나 사회에 의해 만들어진 무형의 자산이다. 정보 기술은 컴퓨터화 된 정보가 매우 쉽게 복사되거나 네트워크에서 배포될 수 있도록 만들어졌기 때문에 지식재산권 보호를 어렵게 만들었다. 그리하여 오늘에는 선진국뿐만 아니라 전 세계 국가들이 특허제도를 갖추고 발명자를 독점적으로 보호하는 한편, 일반인들을 위해서 발명의 공개와 이용을 장려하게 되었다. 오늘날 특허나 컴퓨터 프로그램 등의 지식재산권의 무기화 경향은 세계적으로 확산됨에 따라 수출 주도형 성장 전략을 택해온 한국의 주력 기업들에게는 단순한 문제가 아닌 기업의 사활이 걸린 문제로 번져가고 있다. 우리나라는 선진국에 비하여 아직 특허에 대한 역사가 짧고 그 내용이 뒤떨어진다 할 수 있다. 본 연구에서는 기업과 개인은 특허에 대한 정확한 이해와 대응 방안에 대한 정보를 체계적으로 정리함으로써 발명을 충분히 활용하고, 외국과의 권리 경쟁에서 전략적으로 대처할 수 있어야 할 것이다. 국제 특허 분쟁 사례를 조사함으로써 기업 경영 전략을 수립하는데 도움을 주고자 한다

• Journal of Korea Technology Innovation Society
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• v.11 no.1
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• pp.23-45
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• 2008

The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. There is a high possibility that aggressive patent policy and black box strategy of Japanese enterprise can be a burden to Korean enterprises. Thus, a policy should be established against the technology protectionism. The policy can be based on a strategy about international cooperation policy of KIPO and strategy against infringement of overseas intellectual property rights. Of course, collaboration and cooperation will be activated among the advanced countries including technical cooperation. However, a systematic strategy of intellectual property rights should be focused on international cooperation and countermeasure against infringement of overseas intellectual property rights because national interest takes precedence over any other interest especially in case of strategically owing industry. A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, construct confidence as social capital etc. Enterprises have to maintain no Patent no Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of patent pool, strive for specialization regarding technical transfer and license management.

• 한국벤처창업학회:학술대회논문집
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• 2007.11a
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• pp.15-43
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• 2007

The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. The number of dispute cases of intellectual property rights in Japan ranks first with 275 cases compared to that of other countries. Among the dispute case, the number of validation trial is 107 cases(38.9%), and correction trial is 83 cases(30.2%). The USA ranks second in dispute of intellectual property rights. Among the dispute of intellectual property rights in the USA, the number of validation trial is 66 cases(64.7%), and correction trial is 21 cases(20.6%). A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, solve jurisdiction problem of patent court system, improve trial system, construct confidence as social capital etc. Enterprises have to maintain No Patent No Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of Patent Pool, strive for specialization regarding technical transfer and license management.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Journal of Arbitration Studies
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• v.23 no.2
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• pp.165-190
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• 2013

As intellectual property rights are perceived as the key element of creating added values and securing competitiveness, the result of intellectual property rights disputes play an important role in the success of companies. As seen from above strong points of an Alternative Dispute Resolution (ADR) system in Chapter III, intellectual property rights disputes increasingly tend to be resolved by ADR rather than litigation. Discussions about and operation of ADR are already being actively carried out in many countries, and major ADR institutions have been acquiring experience in a variety of intellectual property rights disputes. To enhance the use and recognition of ADR as the way of resolving the Intellectual Property Rights disputes in Korea, this study suggested the following three ways. First, domestic ADR institutions, the Korean Commercial Arbitration Board (KCAB) will need to establish cooperative systems with prominent overseas institutions to lead the disputing parties to fair resolutions as well as to instill trust in international arbitration institutions. Second, they will need to contribute to the promotion of arbitration systems throughout society by developing and applying a variety of arbitration systems as well as securing a pool of professionals. Finally, the arbitration rules will need to be continuously improved to deal with disputes promptly and reinforce privacy protection.

• Journal of Arbitration Studies
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• v.31 no.2
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• pp.77-98
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• 2021

International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.26 no.3
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• pp.151-175
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• 2015

The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.

• The Inventors News
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• no.44
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• pp.1-16
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• 2006

한국여성발명협회,제7회 정기총회 개최/2006 대한민국 여성발명품 박람회/제12회 여성발명 우수사례 발표회/새롭게 바뀐 특허분류, 무엇이 달라졌나/해외 특허, 3월부터 무료로 검색 서비스/'디자인 등록증' 취업에 필수 요소 되다/전상우 특허청장 취임식 갖다/인라인 스케이트에도 특허 열풍/김종갑 전 특허청장, 산자부 제 1차관에 임명/공익변리사에게 무료 특허상담 받으세요/전상우 특허청장, 2006년 업무계획 발표/'제41회 발명의 날' 포상계획 공고/특허기술동향조사 확대/상표 불사용 취소심판 제도 개선/한국특허정보원, 한양대학교와 업무협약 체결/담배 상표, 다등록업체 1위KT&G/계절 관련 상표 출원, '봄'을 가장 선호/사회적 취약 계층, 심판.소송 비용 지원/국제문화대학원대학교,'국제 특허.경영학, 통해 전문가 과정 양성/'2006 대한민국 특허기술 이전박람회' 신청 접수/산업재산권분쟁조정 효력, '재판상 화해'로 강화/점차 늘고 있는 '유방암' 자가 진단법/'태국 발명가의 날 전시회' 한국발명진흥회 참가/'상표 판결문 요지집' 발간/역사 속의 발명품/하루 10분 발명교실/특허Q&A/'신뢰와 성실로 지식재산의 권리화를 돕겠습니다'/설봉초등학교 발명교실/아이디어 착상 및 발명 기법/사업화 지원 제도를 제대로 활용하려면/손님의 주문으로 만든 다니의 단팥죽/일본과 유럽, 브라질 디지털 방송 쟁탈전/미국, 도요타 흔들기 나섰다/새집증후군, 시스템 환기로 줄인다/공무원이 대나무로 분뇨 구린내 잡았다/획기적인 '기능성 목발' 탄생/발광 현수막, 눈에 띄네/리빙 아이디어/특허기술평가수수료 지원/한국여성발명협회 회원사 발명품 가이드

• Journal of the Korean Data and Information Science Society
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• v.25 no.6
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• pp.1161-1170
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• 2014

In global competition like today, intellectual property of novel areas such as traditional knowledge, traditional creation, hereditary resource, etc. are perceived as important resources. Therefore making solid competitive power in overall knowledge resources like cultural contents, brand, design etc. in nation is a pressing question. Accordingly in this study, to prepare for intellectual property rights dispute and advantage-sharing problem that would be variously derived from the Nagoya Protocol which will come into force after 2014, this research selected 200 knowledge of middle region in Korea from 2,047 literal and 931 oral knowledge using preconditioning process. The order of priority of top 50 of them was ranked by a quantitative research method, the Delphi survey. Among them, 30 was literal traditional knowledge and 20 was oral traditional knowledge. Result of this research could be used later as basic material for qualitative researches like the focus group interviewing. Furthermore in this paper is meaningful; the selected traditional knowledge can contribute remarkably to traditional biologic knowledge resource in nation which can be acknowledged in international society, announcing validity (hold precedence for patent) later on.