• Journal of Korean Library and Information Science Society
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• v.20
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• pp.455-470
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• 1993

In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.26 no.7A
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• pp.1284-1289
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• 2001

The characteristics of the intellectual property right(IPR) conflict with standardization. This is because standardization aims to achieve the common use of technology while IPRs aim to protect the proprietary right on technology. The license to use IPR should be granted so that standards can be used without an infringement. IPR policies have common characteristics in most parts of their contents and also different application methodologies. The ultimate object of IPR policy is to receive license grant. In this paper, significant typical IPR policies of main standardization organizations are comparatively analyzed. The overall objective of the IPR policy is to make strategic environment for license grant. IPR disclosure becomes the best practice to acquire license grant. With this practice, the action to licensing refusal becomes one of the main strategic factors of IPR policies.

• Journal of Arbitration Studies
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• v.34 no.1
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• pp.51-74
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• 2024

Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.

• TTA Journal
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• s.77
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• pp.113-119
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• 2001

기술정보를 모두에게 공유하게 하는 정보통신 표준과 특정인의 지적 재산을 보호하려는 IPR(Intellectual Property Right)의 관계는 정보화 사회가 가속됨에 따라 그 갈등이 더욱 심화되고 있다. 이에 국제 선진 표준화기구의 IPR 정책을 소개하여 각 기구의 동향을 살펴보고 우리가 나아가야 할 방향을 찾고자 한다. 이번 호에는 ETSI(European Telecommunication Standards Institute)의 Directive 별지6 ''ETSI 지적재산권 정책''을 소개한다.

• Journal of Korea Trade
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• v.23 no.5
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• pp.118-128
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• 2019

Purpose - This paper examines the international R&D contest in which the extent of intellectual property right (IPR) affects both the size of prize for the winning firm and the extent of positive spillover through cost of firms. Recognizing the possibility of incomplete protection of IPR, the present paper analyzes the effect of changes in the extent of IPR on payoffs to firms and social welfare. Design/methodology - This paper examines coordination of IPRs by countries in economic integration. The paper then develops a general model of international R&D contest with incomplete protection of IPR. An increase in the extent of IPR augments the share of the prize the winning firm can appropriate, while decreasing the positive cost externality. To derive sharper results, the paper considers the cases of linear and fixed spillovers. Findings - Under plausible assumptions, an increase in the IPR augments the payoff to each firm and the aggregate payoffs as well. The paper also shows that the number of firms participating in the R&D contest can be endogenously determined in the two-stage R&D contest. The higher the extent of cost spillover, and the larger the effective prize, the more firms participate in the international R&D contest. Originality/value - Existing studies assume that firms winning the R&D contest enjoy perfect IPR to the output of their R&D activities. This is a very restrictive assumption in that other firms can copy the new products or processes. By allowing for the incompleteness of the IPR, the present paper develops a more realistic model of R&D contest. The novelty of the present paper is to allow for the possibility that the higher extent of IPR increases the prize and decreases positive cost externality at the same time. The findings of the present paper can serve as a basis for government policy toward R&D activities of firms and protection of IPRs.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.155-184
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• 2015

This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.9 no.7
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• pp.891-900
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• 2019

In this paper, we investigate the relationship between IPR creation and export activity. And we try to examine the effects of IPR use as innovation on export performance. The dataset used in the empirical analysis are the annual "Survey of Business Activity(2006~2014)" panel data which include total of 6,144 samples of firms. Data set includes the sample characteristic such as employee, industry, export performance, possession/use/development of IPR. According to analysis results, this paper confirms that R&D and export activities of firms make positive effects on IPR creation. In addition, this paper finds that IPR use of firms make positive effects on firm's export performance. Exporting firms achieve higher export performance by developing new products and processes to enter and compete in overseas markets. In addition, exporting firms can achieve higher performance by using intellectual property rights to appropriate innovation outcomes in foreign markets and to exclude the possibility of patent disputes in advance.

• 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 the Korean BIBLIA Society for library and Information Science
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• v.16 no.1
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• pp.269-283
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• 2005

Research and Development projects sponsored by the government are one of the main production sectors of academic and research information in domestic area. The access control and information service of R&D outcomes should be considered as a critical factor of nation-wide knowledge-based IS management. This study focused on the practical utilities of three IPR legislations of the government projects and analyzed if they are good enough to support the information service in recent digital network environment. Some suggestions in different perspectives were provided for the improvement of the existed IPR legislation.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2012.11a
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• pp.216-219
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• 2012

Spending on research and creative wrtings in South Korea been growing. In this study, we introduce the legal analysis for IPR like copyrights. Current copyright law(Art. 23, Sec.1) allows to open some writings previously published in the textbooks under high school. Can this custom be justified? There is conflicts between right of education and intellectual property. We review preliminary issues before concentrated research.