• Journal of Science and Technology Studies
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• v.12 no.1
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• pp.1-43
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• 2012

This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.12 no.3
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• pp.1213-1222
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• 2011

The aim of this research is to map the intellectual structure of the field of LED and optics during the period of 2000-2009. We utilize the scientometric tool of co-word analysis to reveal patterns and trends in the LED and optics field by measuring the association strengths of keywords (or IPCs). Data were collected from Science Citation Index Expanded (SCIE) and United Stated Patent and Trademark Office (USTPO) for the period of 2000-2009. Keywords were extracted from abstracts and further standardized using thesaurus. In order to trace the dynamic changes of the LED and optics field, the whole 10-year period was separated into two consecutive periods: 2000-2004 and 2005-2009. The results show that the LED and optics field has some established research themes and it also changes to embrace new themes.

• The Journal of the Korea Contents Association
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• v.21 no.1
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• pp.24-38
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• 2021

This study aims to measure Korea's global competitiveness in intelligent information technology, which is the core technology of the 4th industrial revolution. For analysis, we collect patents of each field and prior patents cited by them, which are applied at the U.S. Patent Office (USPTO) between 2010 and 2018 from PATSTAT Online. A global knowledge transfer network was established by grouping citing- and cited-relationships at a national level. The in-degree centrality is used to evaluate technology acceptance, which indicates the process of absorbing existing technological knowledge to create new knowledge in each field. Second, to evaluate the impact of existing technological knowledge on the creation of new one, the out-degree centrality is investigated. Third, we apply the PageRank algorithm to qualitatively and quantitatively investigate the importance of the relationships between countries. As a result, it is confirmed through all the indicators that the AI sector is currently the least competitive.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.5
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• pp.49-65
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• 2019

This study was carried out to investigate the domestic and international development of a new cultivar of the Rose of Sharon (Hibiscus syriacus L.), the Korean national flower, and the protection of the new plant variety. In addition, it will be used as basic data for the expansion of domestic distribution, promoting oversea export, and expanding the range of landscape architectural use. A total of 97 varieties received plant variety protection rights from the Korea Seed & Variety Service from 2004 to 2018. The selection criteria were plants having unique flowers, growth habits, and variegated leaves. Some cultivars with unique features, such as flower size, shape, and red eyes were available for focus planting. Plant varieties with tall and strong growth patterns have been highly valuable for street and focus planting. Cultivars with dwarf stems and compact branches are utilized for pot planting and bonsai. The protected cultivars were mostly single flower varieties, with two semi-double flowers. There were 57 cultivars of pink flowers with red eyes and 21 cultivars of white flowers with red eyes. There were 61 cultivars developed by crossing, 23 cultivars through interspecific hybridization and 7 cultivars developed through radiation treatment and mutation. The Hibiscus cultivars registered to the United States Patent and Trademark Office (USPTO) consisted of seven cultivars each from the United States, the United Kingdom, and the Netherlands, four from South Korea, and three from Belgium. The Hibiscus cultivars registered to the European Community Plant Variety Office (CPVO) consisted of 16 cultivars from France, 9 from the Netherlands, 5 from the UK and 1 from Belgium. The cultivars that received both plant patent and plant breeder rights in the United States and Canada were 'America Irene Scott', 'Antong Two', 'CARPA', 'DVPazurri', 'Gandini Santiago', 'Gandini van Aart', 'ILVO347', 'ILVOPS', 'JWNWOOD 4', 'Notwood3', 'RWOODS5', 'SHIMCR1', 'SHIMRR38', 'SHIMRV24', and 'THEISSHSSTL'. 'SHIMCR1' and 'SHIMRV24' acquired both domestic plant protection rights and overseas plant patents. The 14 cultivars that received both US plant patents and European protection rights were 'America Irene Scott', 'Bricutts', 'DVPAZURRI', 'Gandini Santiago', 'Gandini van Aart', 'JWNWOOD4', 'MINDOUB1', 'MINDOUR1', 'MINDOUV5', 'NOTWOOD3', 'RWOODS5', 'RWOODS6', 'Summer Holiday', and 'Summer Night'. The cultivars that obtained US patents consisted of 18 cultivars (52.9%) with double flowers, 4 cultivars (11.8%) with semi-double flowers, and 12 cultivars (35.3%) with single flowers. The cultivars that obtained European new variety protection rights, consisted of 11 cultivars (34.3%) with double flowers, 12 cultivars (21.9%) with semi-double flowers, and 14 cultivars (43.8%) with single flowers. In the future, new cultivars of H. syriacus need to be developed in order to expand domestic distribution and export abroad. In addition, when developing new cultivars, it is required to develop cultivars with shorter branches for use in flower beds, borders, hedges, and pot planting.

• Journal of Intelligence and Information Systems
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• v.28 no.2
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• pp.147-170
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• 2022

Although the number of patent which is one of the core outputs of technological innovation continues to increase, the number of low-value patents also hugely increased. Therefore, efficient evaluation of patents has become important. Estimation of patent lifespan which represents private value of a patent, has been studied for a long time, but in most cases it relied on a linear model. Even if machine learning methods were used, interpretation or explanation of the relationship between explanatory variables and patent lifespan was insufficient. In this study, patent lifespan (number of renewals) is predicted based on the idea that patent lifespan represents the value of the patent. For the research, 4,033,414 patents applied between 1996 and 2017 and finally granted were collected from USPTO (US Patent and Trademark Office). To predict the patent lifespan, we use variables that can reflect the characteristics of the patent, the patent owner's characteristics, and the inventor's characteristics. We build four different models (Ridge Regression, Random Forest, Feed Forward Neural Network, Gradient Boosting Models) and perform hyperparameter tuning through 5-fold Cross Validation. Then, the performance of the generated models are evaluated, and the relative importance of predictors is also presented. In addition, based on the Gradient Boosting Model which have excellent performance, Accumulated Local Effects Plot is presented to visualize the relationship between predictors and patent lifespan. Finally, we apply Kernal SHAP (SHapley Additive exPlanations) to present the evaluation reason of individual patents, and discuss applicability to the patent evaluation system. This study has academic significance in that it cumulatively contributes to the existing patent life estimation research and supplements the limitations of existing patent life estimation studies based on linearity. It is academically meaningful that this study contributes cumulatively to the existing studies which estimate patent lifespan, and that it supplements the limitations of linear models. Also, it is practically meaningful to suggest a method for deriving the evaluation basis for individual patent value and examine the applicability to patent evaluation systems.

• Journal of Technology Innovation
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• v.25 no.3
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• pp.1-24
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• 2017

With the rise of internet of things (IoT), there have been several studies to analyze the technological trend and technological convergence. However, previous work have been relied on the qualitative work that investigate the IoT trend and implication for future business. In response, this study considers the patent information as the proxy measure of technology, and conducts a quantitative and analytic approach for analyzing technological convergence using patent co-classification analysis and text mining. First, this study investigate the characteristics of IoT business, and characterize IoT business into four dimensions: device, network, platform, and services. After this process, total 923 patent classes are classified into four types of IoT technology group. Since most of patent classes are classified into device technology, we developed a co-classification network for both device technology and all technologies. Patent keywords are also extracted and these keywords are also classified into four types: device, network, platform, and services. As a result, technologies for several IoT devices such as sensors, healthcare, and energy management are derived as a main convergence group for the device network. For the total IoT network, base network technology plays a key role to characterize technological convergence in the IoT network, mediating the technological convergence in each application area such as smart healthcare, smart home, and smart grid. This work is expected to effectively be utilized in the technology planning of IoT businesses.

• Journal of Technology Innovation
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• v.22 no.2
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• pp.105-129
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• 2014

In order to identify the antecedents of organization's exploration activities, this study focuses on internal factors. There are many theoretical and empirical studies for an organization's exploration activities, while the research on antecedents is limited. This study is aimed at the manufacturing industry in Korea from 1998 to 2012 using data from 15 years of slack, ownership structure, and TMT diversity. The study examined the impact of these firm-specific factors on firm's exploration activities. As a result, a company's exploration activities and slack have positive relationship. Between insider ownership and exploration activities, the hypothesis was not supported. Also, the relationship between TMT diversity and exploration activities was dismissed. Finally, based on the results of this analysis, the contribution of this study, limitations and implications are drawn.

• Journal of Korea Technology Innovation Society
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• v.14 no.1
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• pp.1-21
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• 2011

Technical change and technological innovation have become major drivers of economic progress in the knowledge oriented economies where growth, productivity, and competitiveness are increasingly based on improved technologies, novel products, upgraded processes or customized services. The creation of new knowledge, modifying or improving existent knowledge, or imitation of others, has become central to economic development. New discoveries, state-of-the-art information gathering procedures, or successful problem solving routines are often at he core of these innovations. Despite the generally acknowledged importance of science in many high-tech areas of major economic relevance, there is few science-related statistics to be found in high-profile international benchmarking reports. This paper aims to provide an answer by advancing our understanding of the possibilities of indicators quantifying linkages between science and technology. Central are the concepts of innovation capability and science/technology interface, which are used to assemble a wide range of empirical studies and quantitative indicators to summarize their possibilities and limitations for producing comparative statistics. For the purpose of the study, we extracted the US patents by Korean assignees or inventors, scientific papers cited in the patents in order to analyze the characteristics of linkage of scientific knowledge flows. The review focuses on indicators dealing with flows of written or codified information, and indicators of inventiveness that capture the non-codifiable tacit knowledge dimension. General conclusions will be drawn with a view towards further developments in the foreseeable future, suggesting new avenues for the design and implementation of patent-based and inventor-based relationships between scientific research and technical development within the context of regional or national systems of innovation.

• Journal of Wetlands Research
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• v.23 no.2
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• pp.154-162
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• 2021

The naturally opened Han river estuary is a place where the flows of the Han river, Imjin river, Yaesung river meet with West Sea of Korea, so the hydrodynamic mechanism(Impact-Response) structure of Han river estuary is complex. Continuous observation and measurement due to the morphological characteristics at the estuary are required to maintain the estuary environment and river management facilities. However, the Sannam wetland(the study area) is in the military operation area. Therefore, Sannam wetland has the limited access under the control from military office. In 2020, there had a natural disaster due to flooding in August and COVID-19, and it made a survey hard. The noncontact survey technique, the analysis of LANDSAT images at Sannam wetland, was applied to analyze riverbed fluctuation and morphological transformation around Sannam wetland. LANDSAT images obtained from EarthExplorer, USGS and analyzed by QGIS. The analysis was performed based on the area and the distance near Sannam wetland. As a result, an erosion was happened on the downstream of the study area, and the upstream of the study area did not have any serious sediment transport. Considering the resolution of LANDSAT images, this noncontect survey technique is applicable to manage the study area. From the analysis of LANDSAT images, it is assumed that the tidal effect is greater than the inflow from the upstream. The pattern change of tidal response causes the damage of the river facilities near the Hangang river estuary.

• Journal of Korea Fair Competition Federation
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• no.150
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• pp.14-29
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• 2010

비록 부정경쟁방지법의 제정 목적이 부정경쟁행위 등의 방지를 통하여 건전한 거래질서를 유지한다는 의미의 경쟁체제 확립에 있기는 하지만, 우리나라의 경우는 법 제정 당시와는 달리 사실상 산업스파이에 대한 영업비밀의 보호나 주지의 상표 영업표지의 보호와 같은 지적재산권의 보호 법률로서의 역할로 점차 변화하고 있고, 특히 부정경쟁방지법이 주지의 상표에 대한 출처의 혼동에 대한 규제뿐만이 아니라 별도로 저명상표의 희석화(稀釋化) 방지라는 법익, 이에 더 나아가 도메인 네임(Domain Name)의 선점과 원산지 및 품질의 오인(誤認) 야기행위, 주지 저명한 타인의 디자인(Design), 캐릭터(Character)와 같은 상품의 표지에 이르기까지 지적재산권과 관련된 보다 넓은 법익의 보호까지 수행하게 되면서 그 기능은 날로 강화되고 있는 상태이다. 이에 반하여 부정경쟁방지법상의 부정경쟁행위 자체에 대한 규제는 사실상 주지 저명한 타인의 상표나 상품표지의 식별력이나 출처표시기능 등의 보호라는 의미의 분쟁수준을 넘지 못하고 있어, '경쟁법'으로서의 역할은 상대적으로 미약해지고 있는 것 또한 현실이다. 또한, 공정거래법 제23조 제1항 제8호를 비롯하여 현행 공정거래법상의 불공정거래행위에 대한 규정체제를 살펴보면, 해석 여하에 따라서는 부정경쟁방지법상의 부정경쟁행위가 대부분 공정거래법상의 불공정거래행위의 범위 내로 포섭될 수도 있는 상황이기도 하다. 이에 양 법률의 성격과 역할, 앞으로 나아가야 할 방향을 고민하지 않을 수 없고, 이와 같은 논의는 발전적 입법론으로서의 가치를 갖는다. 물론 불공정거래행위(부정경쟁행위)에 대한 규제에 있어서 반드시 독일법체계에 따를 것인지 아니면 미국의 경우를 따를 것인지에 대한 선택 자체가 논리적으로 양립 불가능한 것은 아닐 것이지만 우리나라의 경우는 1980년 "독점규제 및 공정거래에 관한 법률"이 제정되는 과정에서 당시 부정경쟁방지법에 담겨 있던 기존의 부정경쟁행위에 대한 규정과 공정거래법상의 불공정거래행위와의 경합이나 중복문제는 마땅히 검토되었어야 했음에도 불구하고 공정 거래법의 제정과정에서 사실상 부정경쟁방지법의 존재 자체가 간과되어 오늘에 이르고 있다. 그동안 양 법률상의 규정 중복이나 충돌을 정식으로 문제 삼았던 바는 없었지만 '발전적 입법론' 이라는 차원에서 살펴 보면 부정경쟁방지법상의 부정경쟁행위에 대한 규제는 앞으로 공정거래법체계 내의 불공정거래행위로 포섭할 필요가 있고 이를 통하여 경쟁정책의 전문 전담기구로서 불공정거래행위에 대한 규제의 중심에 서 있는 공정거래위원회를 중심으로 효율적이고 통일적인 경쟁정책을 확립을 기대하여 볼 수 있을 것이다. 이 과정에서 공정거래법의 변화 또한 뒤따라야 하는데, 부정경쟁방지법상의 부정경쟁행위의 편입에 따라 불공정거래행위에 대한 규정 일부를 알맞게 다시 수정하는 것에 그치지 않고, 기존 부정경쟁방지법이 인정하고 있었던 사인간(私人間) 금지 또는 예방청구권 또한 공정거래법으로 그대로 편입되는 방향으로의 입법 개선이 이루어질 필요가 있으며, 그동안 '부정경쟁방지법의 공정거래법으로의 편입문제'와는 전혀 무관하게 공정거래법의 사적 구제 및 사소(私訴)의 활성화 차원의 논의로서 공정거래법상 사인간 금지청구권의 도입 여부가 검토되어 왔지만, 앞으로 이 문제는 부정경쟁방지법상 부정경쟁행위의 공정거래법체계 내로의 편입문제와 함께 이를 포함한 더욱 큰 논의로서 다시 적극적으로 검토될 필요가 있다고 본다. 이를 통하여 앞으로 부정경쟁방지법은 특허청을 중심으로 산업스파이에 대한 규제나 영업비밀의 보호와 기타 지적재산권의 보호에 온 힘을 다하고, 공정거래법은 공정거래위원회를 중심으로 불공정거래행위 (부정경쟁행위에 대한 보다 포괄적이고 통일적인 규제를 담당하여 '선택과 집중' 이라는 차원의 각 법률체계의 한 차원 높은 발전 또한 기대해 볼 수 있을 것으로 확신한다. 이러한 합의점을 시작으로 미시적인 다음 단계의 논의에 해당하는 사인간 금지청구권의 허용범위나 허용요건, 남용을 방지하기 위한 제도적 장치, 단체소송 등의 허용 여부 등의 논의도 함께 하여야 할 것이고, 이 과정에서 미국의 클레이튼법(Clayton Act)이나 가까운 일본의 입법례를 참고하여 우리의 실정에 맞는 규제의 틀을 마련함이 타당할 것이고, 이를 통하여 궁극적으로 그동안 공정거래법의 사적 집행의 활성화를 통한 경쟁질서의 확립의 강화라는 이상에 더욱 가까워질 수 있는 좋은 입법적 변화의 모습을 볼 수 있을 것이라 생각한다.