• Journal of Korea Technology Innovation Society
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• v.12 no.3
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• pp.638-661
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• 2009

With the advance to the knowledge-based economy, science and technology (S&T) has been recognized as key factor in a nation's competitiveness. To cope with this kind of new trend Korean government has tried to increase the R&D investment and to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure for the year 2007 amounted to about 31.3 trillion won including government R&D of 8.9trillion won. With these efforts the capacity of Korea S&T has made great strides recently. Korea was ranked world's top 7 in R&D investment, top 12 in S&T paper publication and top 4 in patent application. Korean government enacted several pieces of legislation concerning S&T : the "Technology Transfer Promotion Act (1999)"; the "Framework Act on Science and Technology (2000)"; and the "Presidential Regulation for Managing the Government R&D Programs (2001)." In addition, the government has put a lot of effort into promoting the commercialization of technologies developed in public sector and improving the infrastructure of technology transfer and commercialization. However in spite of these various efforts, the technologies obtained from the public sector have not been transferred to the industry properly. Only 24.2% of technologies developed in the public for the year 2005 were transferred to industry. The royalty revenues of the public for the year 2005 was 1.5% of their total R&D expenditure. It shows only a third of the percentage of royalty revenues for the public sector in the U.S.A. and a second of Europe. There are many obstacles of public technology transfer such as immaturity of technology market, lack of licensing experience, and inadequacy of legal system and government policy. In this study I compared the Korean legislative system of patent management of government R&D outputs with the American system, derived problems from Korean system, and suggested proper alternatives.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.7-27
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• 2006

When cadastre system was first introduced in Korea, we only uses the surface of the land and thus its form was very simple. Nowadays on account of the development of architectural technology, the rapid expansion of population and urbanization, the cubic utilization of land including the land usage of underground and surface space is widely settled. This article studies the function of cadastre and public notice to encourage cubic utilization of the land, argues the necessity of 3D-cadastre system to protect property right, and suggests the GPS land measurement as a possible measure.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• The Journal of the Korea Contents Association
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• v.7 no.1
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• pp.21-31
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• 2007

The intellectual property system was very important to the past industrial society. It is so important to the 21C information age. It is a leading role to developing these information society. Not only the digital content control but the technology of software source code for the intellectual property is so much mean to international competition. On occurring disputation property, we have to prove the fact, there is a problem to discriminate the original source code. In this paper, we make a study of the digital licence prototype for discriminate the original source code. Reserved words of software source code by parsing express to XML file that have hierarchical structure. Then, we can express architecture of software source code by tree structure form instead of complex source code. And we make a study of the indexing and searching to search digital license.

• Journal of Science and Technology Studies
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• v.11 no.1
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• pp.31-59
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• 2011

This paper examines university patenting activities as a commercialization of academic research. It shows how a number of university patents increase exponentially and how that can be, especially in terms of role of the state. In the late 1990, the Korean government supports the new vision of 'technological innovation' in establishing a science and technological policy and begins to perceive the importance of university R&D to overcome the economic crisis. Thus, an administrative, financial, and legal systems which support the university R&D are organized and the governmental grants for R&D increase exponentially, especially in promising new technologies(6T). Also, an institution for managing intellectual property rights is established in university. Universities assess professor's performance in terms of patent and license to encourage patenting activities. Thus the number of patents and its productivity increase exponentially. But the increase in patents takes place only to a dozen of universities, this means that a Matthew effect does work.

• Journal of Korea Technology Innovation Society
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• v.11 no.4
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• pp.532-562
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• 2008

Recently, one of the issues to be discussed from the viewpoint of product management in National R&D Programs is about the management of intellectual property produced by joint research and development. According to existing legislative system, the main R&D institute and collaborative enterprise own the patent produced by joint R&D activities together at the rate of investment. But, there are many discussions if that is right in legal principles and in substance. Patents by Cooperative National R&D Programs are very different from common patents because of its characteristics and have scheme controlled complexly by related laws and ordinances. This paper aims to review the legal theory on the possession and utilization of patents produced by Cooperative National R&D Programs, and to try to find out the improvement of existing legislative system. For this purpose, after looking into the meaning and the legal system of Cooperative National R&D Programs, and examining the ruling theory on the possession and utilization of co-invented patent, finally research the problems and improvement of existing related legislative system.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.751-755
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• 2007

Importance of rights acquisition regarding intellectual property rights is coming in the world to the front along this international, effort between enterprises is keen. A security of source technology is serious for domestic overseas market excavation of constructive enterprises, and national technology development effort for this is necessary. Domestic constructive technology development is trend continuously increasing every year, and be especially looking after PQ system introduction this. Grasped domestic problem of system and technology development state through comparative analyses regarding analysis regarding technology development state constructive of currently domestic enterprises and national technology development encouragement systems and bid system duty to this, and accomplishment did study for technology development promotion and utilization anger elevation plan presentation by an early foundation.

• Journal of Korea Port Economic Association
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• v.23 no.3
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• pp.165-184
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• 2007

This study reviews the concept and protection system for the geographical Indication(GI) to support the Korea-EU FTA. A geographical indication(GI) is a name or sign used on certain products or which corresponds to a specific geographical indication or origin (eg. a town, region, or country). The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin. In the WTO Agreement on Trade-Related Aspects of Intellectual property Rights("TRIPS"). There are, in effect, two basic obligations from Article 22 to article 23 on WTO member governments relating to GIs in the TRIPS agreement. Geographical Indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions, Under European Union Law, the protected designation of origin system which came into effect in 1992 and 2003 regulates the following geographical indications: Protected designation of origin(PDO) and protected geographical indication(PGI) and Traditional Specialty Guaranteed(TSG). They have 5,000 articles for GI. We have the GI system and 40 articles rotating to registration by the law for quality management of production in agriculture. Cinclusinally, geographical indications could potentially serve as tools to helf holders of trade benefit more equitable through the mutual Acceptance for Korea-EU FTA.

• Journal of Cadastre & Land InformatiX
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• v.52 no.2
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• pp.67-80
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• 2022

This study proposes a legal limit from the administrative and management standpoint of the city hall/county office/gu office, which is the cadastral authority, in relation to the discrepancy between the actual land use status and the cadastral study that has been continuously raised. And also, from the point of view of civil complaints such as landowners, this study tried to evaluate the practical problems of the current land category system from the point of view of civil complaints such as landowners and to derive a solution to these problems. Therefore, this study indicates how the category of land use is classified, and how land use is restricted by the laws of Registration & Management of public cadastre. Also, it shows the reasons why discrepancy between the land use fixed by the law and the current state of actual use of land occurs. Addtionally, This study suggests a plan to reorganize the Land Category system and it includes consolidation and subdivision of land. The study also describes a way to minimize the targets for conversion of land under control of Land Category System as well as to improve the law that protects the people's property rights.

• Journal of Internet Computing and Services
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• v.7 no.5
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• pp.95-108
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• 2006

The digital contents expand into software source code and maintenance of technology and IPR about source code have a very important meaning to international competition, The recognition about software security is very low specially among these Intellectual Property Rights. On occurring disputation property, we have to prove the fact, there is a problem to discriminate the original source code, Also, it is hard to accurate decision that is correct to complexity and the lack of read and understand ability even if software is reproduced. In this paper, we don't enforce distinction about software reproduction by one individual code unit. And we developed digital license prototype of XML that can distinguish reproduction based on structural conformability of whole source codes. Software has Context Free Grammar in structure and presents BNF notation type, it is apt to present hierarchical structure. Then, we can express architecture of software source code by hierarchical structure to discriminate structural conformability. In this paper, we make a study of the digital licence prototype for discriminate the original source code. Reserved words of software source code by parsing express to XML file that have hierarchical structure. Then, we can express architecture of software source code by tree structure form instead of complex source code.