• 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.

• Journal of Technology Innovation
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• v.21 no.2
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• pp.85-113
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• 2013

This study analyzes the government-funded research institutions as players which derive inner transition based on technology, policy and market environment changes. In this study, the main case is KRICT(Korea Research Institute of Chemical Technology) which tries to make post catch-up innovation in the organization. This institution has attempted to overcome the limitation such as change of technology paradigm and PBS(Project Based System) since 2000's. Responding to the needs of technology convergence and innovation by the paradigm change, KRICT has reformed organization and R&D management system prospectively. And this institution sets the goal like development of natural friendly technologies, small and medium-sized business support, and providing countermeasures of social problems. This case shows possibility of continuous innovation. There are some structural limitation like budget restriction, multiple organization structure, and biased quantitative assessment, but endogenous efforts of government -funded institutions make the new paradigm of post catch-up innovation.

• Journal of Information Management
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• v.39 no.2
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• pp.45-74
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• 2008

The purpose of this study was to promote the understanding of laboratory notebook's record characteristics through getting a line on the importance of the notebooks which have record, information, communication, and proof functions. To improve the research ethics and cultures, this study was examined and investigated by literature references and survey results. This study analyzed the status of the notebooks in part of laboratory information system of the R&D institutes, paper notebooks for laboratory records management, and the introduction of ELN for digital record. For the notebook's institutionalization, more review is needed to the possibility of involvement in the conflict, evidential requisite and signature by inspector, the limitation of autonomous policy for the notebook's operation, the difficulty of preservation for 30 years, the introduction of ELN and utilization for the notebooks. To improve management and institutionalization for the notebooks, it is needed to the notebook's record for knowledge management and evidential values, support and budget for the notebook's management department, researcher's recognition conversion for the notebooks related to the intellectual property and technology transference, the record method train for the notebooks from the university classes, and the introduction of ELN related to the laboratory information management system or project management system.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.223-259
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• 2020

With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

• Journal of Technology Innovation
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• v.23 no.3
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• pp.201-223
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• 2015

Existing research on international standardization has largely taken a qualitative approach focusing on comparative studies of national institutions and policies on standards or international rivalries from the perspectives of international relations or innovation studies. While there exists a handful of quantitative studies, they are mostly confined to simple numeric counts of essential patents, new work item proposals, or secretaries staffing international standards development organizations (SDOs). This study aims to contribute to our understanding of the dynamics of international standardization by the analysis of the data coding systematically national activities in the standardization process of the International Organization for Standardization (ISO), by far the largest international SDO. Our analysis of the four critical types of standardization documents generated in the Working Group 7 of the ISO/IEC Joint Technical Committee 1 reveals interesting dynamics among key players of global ICT standards regime. First, while the US takes a dominant share of the personnel as well as new work item proposals for standardization, its quality of activities rather falls behind as it mostly focuses on keeping in check other countries' standardization activities. Second, European countries tend to spread their effort evenly across different types of standardization activities. Finally, despite such differences between the US and European countries, both rely heavily on multinational companies to gain an advantage in the voting stage of standardization process.

• Proceedings of the Technology Innovation Conference
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• 2002.02a
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• pp.205-221
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• 2002

본 연구의 목적은 정부출연연구소에서 연구개발된 기술이 민간부문에서 충분히 활용되지 못하고 있다는 문제의식으로부터 출발하여, 원천, 핵심기술의 확보가 국가경쟁력을 좌우하는 첨단기술경제시대에 막대한 국가자금으로 연구개발된 우수한 기술의 사장을 방지하고 궁극적으로 국가경제발전을 위한 전략적 기술이전 촉진 방안을 모색하는 것이다. 현재 국무총리산하 기초, 산업, 공공기술 연구회로 분류 조직되어 있는 3개 연구회 총 1개 정부출연연구소의 지난 10년간(1992-2001)의 연구예산규모, 보유특허수, 기술이전건수, 기술징수액, 기술실시계약서를 방문 조사하고 각 연구소의 기술이전전담조직의 실무자를 대상으로 설문 조사하여 설문 및 통계분석 결과를 토대로 기술이전관련 문제점 파악 및 기술이전 촉진을 위한 전략적 개선방안을 모색해 보았다. 먼저 기술이전 현황을 살펴보면 기술이전건수는 보유특허수의 3%미만, 기술료 징수액은 연구예산규모의 2%미만으로 기술이전 및 기술상업화율이 상당히 저조하다. 설문 및 통계분석 결과로부터 TLO 조직의 비효율적인 운영, 비전문성, 열악한 운영인력, 적극적인 기술이전을 위한 동기부족, 정부의 제도적인 지원부족, 기술실시계약서 조항들의 경직성 등을 기술이전 관련 문제점으로 도출해 낼 수 있었다. 이러한 문제점을 극복하고 기술이전 촉진을 위한 개선방안으로는 첫째, TLO 조직을 전략으로 개편해야 한다. 즉 기술이전 전담인력을 변리사, 전문 협상가, 연구원 둥 전문가들로 구성하여 지적재산권 관리, 기술평가, 시장조사, 기술마케팅, 사후관리 등을 효율적으로 수행해야 한다. 둘째, 정부의 정책적인 지원이 필요하다. 기술이전 전담조직에 대한 인센티브 시스템 기술이전을 위한 특별예산 편성 등을 정책적, 제도적으로 도입하는 등의 적극적인 지원이 요구된다. 셋째, 기술실시계약서 조항들을 기술실시자의 실질적인 기술 상업화에 도움이 되고 기술 유출 및 기술사장화를 방지하는 방향으로 개선하여야 한다. 특히, 전용실시권과 실시대가, 기술실시 및 지적재산권 관리와 관련된 제반 비용의 부담비율 등을 보다 유연하게 개선하여야 한다. 본 연구는 정부출연연구소에서 민간부문으로의 기술이전만을 고려하여 기술이전의 중요한 요소인 민간부문에 대한 고려가 전혀 없다. 따라서 보다 실질적이고 체계적인 결과를 도출하기 위해 민간부문을 고려한 연구가 진행되어야 한다고 생각한다.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.9 no.2
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• pp.187-200
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• 2014

Industry Cooperation is not the choice of national development but the inevitable component in the world. Industry cooperation results of the reconstruction of the country is an important place as an essential element of the economic development of the national policy in the major economies. Despite several changes in the international economic environment, United States, Canada, Finland, Sweden, Israel settled and maintaining the sustainable development of the countries which successfully established Industry-University Cooperation or Industry-Acaemy Cooperation system in history. In this study, delivered to the realistic ways of Industry cooperation through comparison study on domestic and international cooperation programs. The new activation programs of industry academic cooperation are delivered, that is, The bonus payments system of technology development patent and free technology transfer for joint development, bonus points system and evaluation indicators for joint capacity building program which participate student, industry and academic sector, step-by-step training. system for total employment and entrepreneurship at the same time strengthening management training programs and education opportunity gives to the benefits for the community members. Finally, Intellectual property expert matching program which develops basis of technology trader and expert maps in the smallest unit by administrative area. practice the internet information search services in national wide network for this matching program and government office dedicated to staffing for technology transfer.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.6
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• pp.70-77
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• 2020

Configuration management is an important project management method. Configuration management is increasing daily and improving defense power as a management tool for technical data of power support systems. Configuration management work must be carried out properly from the beginning of development to acquire an excellent weapon system. In procurement, configuration management is a vital factor that can determine the cost of maintaining operations during the transfer of military supplies and carry out systematic management among operational support. Countries are making changes to policies and systems to manage R&D, standards, and patents in conjunction with each other from the beginning of research and execution, and it is important to establish the concept of managing and controlling the configuration as an efficient means of managing military resources. To identify the activity details during the entire life cycle from the beginning of acquisition to the end of disposal by linking munitions configuration control with the total life cycle, and redefine the appropriate work system, this study investigated and analyzed the U.S. configuration control procedures to identify the activity details and present areas to develop.

• Korean Journal of Construction Engineering and Management
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• v.7 no.6
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• pp.193-201
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• 2006

The Evaluation system of Excellent Construction Technology has been operated for 15 years from 1990 in Korea. 443 technologies have been certified as Excellent Construction Technology(ECT) and those ECTs are adapted over 20,000 times into the construction projects. As a result of investigation, new technology evaluation system became a stable stage because new technology evaluation system has assigned about 433 and also applied more than 20,000 times in construction sites in 2004. However, it was indicated to a large problem that there aren't still detail criteria of cost assessment for using ECTs. Therefore, we analyzed the status and problems of the cost of using ECTs and suggested some useful ideas which are reviewed by various aspects. Specially we suggested specified criteria for the cost assessment of using ECTs. It is based on the scheduled construction cost and determined the rate $({\bullet}{\cdot})$ of using ECTs. To adapt ECTs into construction projects nationwide not only it is very important to certify better new technologies but also it is required to make the criteria of cost assessment for using ECTs.

• Journal of Pharmaceutical Investigation
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• v.38 no.3
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• pp.207-215
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• 2008

Drug approval-patent linkage is the practice of linking drug marketing approval to the patent status of the originator's product and not allowing the grant of marketing approval to any third party prior to the expiration of the patent term unless by consent of the patent owner. Article 18.9.5 of Korea-US Free Trade Agreement requires that Korea introduce the linkage system in drug marketing approval. However, Korea is unfamiliar with the linkage system. In addition, there have been lots of arguments over the impacts of this system on Korean pharmaceutical industry and pharmaceutical market in the future. This report investigated the linkage systems of the US and Canada. The US and Canada have implemented drug approval-patent linkage system since 1984 and 1993, respectively. Both countries have patent lists for drug approvalpatent linkage on which originators are required to list patents on substance, product, and use of their drugs. Generic or follow-on drug applicants must contain a certification regarding each patent listed that relates to the referenced drug. If the patent holder files suit for patent infringement within 45 days of notice of application, drug approval is not allowed for several months - 30 months in the US and 24 months in Canada. Both countries have amended their systems after having experienced unexpected results such as listing improper and additional patents, multiple patent litigations and delayed generic entries. After reviewing the US and Canada's experiences, we suggested three principles needed in implementing the system: protecting patent holder's right; promoting generic drug development and marketing; monitoring the process and the effect of the system.