• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.39-64
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• 2014

The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.47-77
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• 2013

The way for seller to procure the goods for selling is to produce the goods at his own factory and to buy the manufactured goods from the other company. In order to produce the goods for selling the seller have to obtain the resource from the domestic company or overseas. In the middle of producing the goods to sell, seller may breach the right of a third party based on intellectual property rights. That is to say, seller may use the machine that has not itself been patented and use a process which has been patented by a third party. Seller may manufacture the goods which themselves are subject to the third party industrial property rights. Nowadays it is stressed the importance of intellectual property rights such as a patent, brand, and design. These factors consist of the core elements of the competitiveness of the goods. Many embedded software have been used in the various sector. So the disputes regarding to the intellectual property rights is gradually increasing in number. Article 42 of CISG defines the seller's delivery obligations and liabilities in respect to third party intellectual property rights and claims. It contains a special rule for this similar kind of defective in title, which tries to provide an proper solution to the complex problems caused by such rights and claims in international transactions. When seller will apply this clause to the business fields, there are several points to which seller should give attention. First, Intellectual property is general terms in intangible property rights, encompassing both copyright and industrial property. Which matter fall within the scope of intellectual property? The scope of intellectual property can be inferred from the relevant international conventions, which are based on broad international consensus. Second, Article 42 of CISG governs the relationship between the seller and the buyer, that is to say, questions of who has to bear the risk of third party intellectual property rights. The existence of such intellectual property rights, the remedies available and the question of acquiring goods free of an encumbrances in good faith are outside the scope of the CISG. The governing law regarding to the abovementioned matters is needed.

• Knowledge Management Research
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• v.17 no.3
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• pp.181-206
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• 2016

Under the influence of growing popularity of "hallyu" (Korean wave), corporates that have copyrights such as music, movie, drama as their core competitiveness are showing continuing growth. In Addition, they built on contents are rapidly growing, interests in protection and management of intellectual property rights linked to contents are growing. Global contents development corporates are making great efforts to create profits out of copyrights. They could utilize original contents to strengthen brand value use it to produce additional contents in current market. Also they take advantage of existing storyline of the contents and strong brand to explore new markets. This paper looks into Value articulation model by Professor James Conley and analyzed the firms that utilized intellectual property rights to extend the period of protection, strengthen their competitiveness and succeeded in breaking into new market by using the rights they possess. Also, this paper examines the usage of intellectual property rights and business expansion strategy of of Iconix, the Korean entertainment company, which gained tremendous popularity in last ten years using this model. In Value articulation model, Conley classifies the process of exploiting the portfolio of the single product's(or service's) intellectual property right for a period of time into three stages ; value transference, value translation, value transportation. Pororo's strategy of utilizing intellectual property right is suggestive to domestic entertainment companies. Under the influence of hallyu" (Korean wave), domestic contents such as movies, dramas and music are enjoying the high level of popularity recently not to mention animations. In reality, Korean entertainment companies who have no background or experience of Intellectual property rights are not creating enough added values compared to fast growing market. It is believed Iconix's intellectual property rights management strategy will suggest positive aspects to domestic companies. Moreover, I hope various intellectual property rights management strategies including Conley's value articulation are studied and they can make contributions to managing domestic entertainment companies.

• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.487-499
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• 2015

Objective: The purpose of this study was to analyze the trend of ergonomics field in overall intellectual property rights in Korea, and suggest the direction for the future development. Background: Many ergonomists are trying to pursue optimal human well-being and safety, and create more convenient designs for human use. For these reasons, intellectual property rights may be used to protect the legitimate rights of originative and innovative ergonomic designs. Method: Intellectual property rights were reviewed by using Korea Intellectual Property Rights Information Service (KIPRIS), and then were classified and analyzed according to three intellectual property rights (patent, utility model, design), International Patent Classification (IPC) and ergonomics application areas. Results: The total number of intellectual property rights registered in the ergonomics field in terms of three intellectual property rights (patent, utility model, design) showed 48,814 which occupied 5.97% of the total registered Korea's intellectual property rights. Within three intellectual property rights, patent (87%) was recorded overwhelmingly higher than utility model (9%) and design (4%). Conclusion: The current trend of patent, utility model and design in the ergonomics field in Korea tend to increase over time. It is suggested based on the analysis in this study that continuing research and development should be focused on electricity section in accordance with the global trend. Application: The results of this study can direct the ergonomists to the areas of intellectual property rights in the ergonomics field that should focus on the research and development in terms of three intellectual property rights, IPC and ergonomics application areas.

• 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.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 Korean society of Dental Hygiene
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• v.16 no.6
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• pp.1023-1031
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• 2016

Objectives: The purpose of the study was to investigate the related factors of learning ethics of dental hygiene students. Methods: A self-reported questionnaire was completed by 278 dental hygiene students in G metropolitan city from June 9 to July 29, 2016. The data were analyzed by frequency analysis, percentage and stepwise multiple regression analysis using SPSS 12.0 program. The questionnaire comprised learning ethics (10 items), condition of learning ethics (10 items), reason of plagiarism (8 items), intellectual property right consciousness (8 items), internet ethics consciousness (20 items), individual ethics consciousness (2 items). Results: Condition of learning ethics was higher in mosaic plagiarism (33.9%). The main reason of plagiarism was higher in lack of time (52.7%). Related factors with the intellectual property right consciousness was use of reference (${\beta}=0.424$), internet expectancy (${\beta}=0.228$) and parental rearing attitude (${\beta}=0.229$) (Adjusted $R^2=0.336$). Related factors with the internet ethics consciousness were parental rearing attitude (${\beta}=-0.241$), academic achievements (${\beta}=0.420$), internet expectancy (${\beta}=-0.368$) and grade (${\beta}=-0.154$)(Adjusted $R^2=0.390$). Related factor with the individual ethics consciousness was academic achievements (${\beta}=0.445$) (Adjusted $R^2=0.192$). Conclusions: To increase the learning ethics and preventing plagiarism, it is necessary to have essential understanding and practice to make the liberal arts education and extracurricular program of institutions.

• The KIPS Transactions:PartC
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• v.10C no.7
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• pp.835-842
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• 2003

The technical advancement in and the widespread expansion of use of the internet has recently led to an increase in high bandwidth multimedia data usage. This is largely due to an unfettered access to the internet. The intrinsic merit of the internet, however, brings about a side effect：multimedia date can easily be duplicated recklessly. This invokes the problem of intellectual property right violation. Focusing on this matter, multi-faceted studies are being conducted now. This paper aims to provide, by applying steganography and encryption methods into the SMIL files which supply subtitle data, the intellectual property protection of both motion picture and its subtitle data, as well as the integrity of the contents in question. In order to achieve the above goal, the authors show a particular method how to safely embed subtitle data into the given frames, after they separate subtitle data to encrypt them. By doing this, the authors suggests, the intellectual property right to the subtitle data as well as their integrity can be protected and achieved respectively. Besides, an integrity service for motion picture can be made.

• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.473-485
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• 2015

Objective: This study provides strategies of how to effectively convert an invention, created at universities or government-funded research institutes, into a strong patent with the clear understanding of its unique technological characteristics. Background: Regardless of the amount of research funds available in our country and the decent number of intellectual property rights created using the funds, there was a deficit of more than KRW 6 trillion in the technology trade balance related with intellectual property rights in the year of 2014. One of the reasons was that the vast number of patents that were being produced by universities or by government-funded research institutes were merely performance-based patents, namely, so called "patents for patents". Another reason is that developed technology from research and development could not be transformed into a strong patent right properly due to the lack of related knowledge. Method: After reviewing various references mentioned on the patent strategies, the definition of a strong patent and the strategies of producing a strong patent for an invention drawn out from research performance will be supplied. Results: To produce a strong patent right at universities or government funded research institutes, one should use strategies for strong specifications, strategies of product patents and method patents, strategies of patent portfolios, strategies of know-how, strategies of inventions defined by numerical limitation and strategies of parameter inventions for a more strategic approach. Conclusion: Strong patent rights will be produced with the use of effective patent strategies provided in this study. Application: It is estimated that the results of this study will aid the establishment of strong patents for inventions developed by research performance at universities or government-funded research institutions.