• 한국중재학회지:중재연구
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• 제23권2호
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• pp.165-190
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• 2013

As intellectual property rights are perceived as the key element of creating added values and securing competitiveness, the result of intellectual property rights disputes play an important role in the success of companies. As seen from above strong points of an Alternative Dispute Resolution (ADR) system in Chapter III, intellectual property rights disputes increasingly tend to be resolved by ADR rather than litigation. Discussions about and operation of ADR are already being actively carried out in many countries, and major ADR institutions have been acquiring experience in a variety of intellectual property rights disputes. To enhance the use and recognition of ADR as the way of resolving the Intellectual Property Rights disputes in Korea, this study suggested the following three ways. First, domestic ADR institutions, the Korean Commercial Arbitration Board (KCAB) will need to establish cooperative systems with prominent overseas institutions to lead the disputing parties to fair resolutions as well as to instill trust in international arbitration institutions. Second, they will need to contribute to the promotion of arbitration systems throughout society by developing and applying a variety of arbitration systems as well as securing a pool of professionals. Finally, the arbitration rules will need to be continuously improved to deal with disputes promptly and reinforce privacy protection.

• 한국벤처창업학회:학술대회논문집
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• 한국벤처창업학회 2007년도 추계학술대회
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• pp.15-43
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• 2007

본 연구의 목적은 해외지식재산권 침해 현황을 분석하고 그 대응방안을 제시하는데 있다. $1990{\sim}2005$년 동안 출원된 특허를 대상으로 2005년까지 발생한 권리분쟁은 모두 3,508회 발생하였으며, 이 중 무효심판(전부 무효 포함)이 1,903회로 가장 많은 것으로 나타났다. 소극적 권리범위 확인 심판은 1,001회 발생하여 발생된 분쟁의 28.5%를 차지하고 있으며, 특허권자가 권리를 침해받은 경우에 제기하는 적극적 권리범위 확인심판은 366회 발생하였다. 일본은 권리분쟁이 모두 275회 발생하여 다른 국가의 특허권자에 비해 분쟁횟수가 가장 높고, 그 중 무효심판이 107회로 38.9% 정정심판이 두 번째로 많은 83회 발생하여 30.2%를 차지하고 있다. 미국은 일본에 이어 두 번째로 분쟁횟수가 많으며, 무효심판이 66회로 무려 64.7%에 달하며, 정정심판은 21회 발생하여, 20.6%를 차지하고 있다. 해외지식재산권 침해 대응방안은 다음과 같다. 첫째, 정부의 대응방향이다. 해외지식재산권보호센터 기능의 강화, 특허권 침해물품의 국경조치 강화, 국제특허분쟁연구회 활동 강화, 국제특허분쟁 전문가의 양성, 특허소송 관할법원의 집중과 심판제도의 마련, 사회적 자본으로서 신뢰 구축 등을 수행하여야 한다. 둘째, 기업의 대응방향이다. 지식재산중시 경영(No Patent No Future), 출원 및 분쟁대응의 전문화, 특허풀(Patent Pool) 형성 및 표준화에 적극 참여, 기술이전 및 라이센스 계약 관리의 전문화 등을 기하여야 한다.

• 한국중재학회지:중재연구
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• 제34권1호
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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.

• 기술혁신학회지
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• 제11권1호
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• pp.23-45
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• 2008

본 연구의 목적은 해외 지식재산권 분쟁현황을 분석하고 그 대응방안을 제시하는데 있다. 특허 분쟁(국내/국외)은 2006년 7월말 현재 청구건수 기준으로 2,044건이 보고되고 있다. 이 중 외국 기업과의 특허분쟁(2000-2006)은 전기전자 분야 47건, 화학약품분야 9건, 기계분야 2건 등 58건으로 나타나고 있다. 본 연구는 주요 국제 특허분쟁 사례, 즉 우리나라의 기업체가 외국기업체를 상대로 특허침해 소송을 제기하였거나 소송을 제기 당한 사례를 전기.전자 분야 47건 중 27건, 화학약품분야 9건 중 5건, 기계분야 2건 등 34건을 기술 분야별로 정리하였다. 이들 사례의 공통점은 대개 거액을 지불하고 분쟁을 타결한 경우로서 지식재산권 관리의 중요성과 분쟁 시 정부나 기업이 적절한 대응을 하여야 함을 시사하고 있다. 우리나라가 해외 지식재산권 분쟁에 대응할 수 있는 방안은 다음과 같다. 첫째, 정부의 대응방향이다. 특허권 침해물품의 국경조치 강화, 해외지식재산권보호센터 기능의 강화 등을 수행하여야 한다. 둘째, 기업의 대응방향이다. 지식재산중시 경영(no patent no future), 강한 특허권 창출 및 전략적 분쟁 대응, 특허 풀(patent pool) 형성 및 표준화에 적극 참여, 기술이전 및 라이센스 계약 관리의 전문화 등을 기하여야 한다.

• 한국중재학회지:중재연구
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• 제13권1호
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• pp.125-167
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• 2003

ADR program is designed to solve the problem such as the increase of suits and decision delayed. ADR program has the several significances, decreasing inappropriate cost as time and burden of courts, providing an approachable measure of relief and more efficient tool for settlement of dispute. Particularly ADR program satisfies the needs Intellectual property disputes need specialists that are versed in the subjected problem and, need to be souled quickly in confidence. And parties concerned are not good at the strict judicial procedure in courts, At this point, ADR program holds some advantages over court proceeding for intellectual property disputes. Specialists can be selected as arbitrators or mediator; Cofidentiality may be preserved; Flexibility allows settlement based on mutual commercial interests; Single solution is possible for multiple disputes involving parties from different countries. However, ADR program has not been properly used in. Korea, which is due to not only the lack of understanding the ADR program, but the poor number of filings and settlements. Intermediaries are not professional and also they do not take active hands in disputes. Sometimes, their fairness is asked as peacemakers. Eventually, it is said that this program is not enough to settle international disputes. To activate the ADR program, we can propose the ADR program annexed to court for example. And we can introduce the conciliation and arbitration to disputes in intellectual property. Traditionally arbitration has been a crucial issue in intellectual property disputes. In that intellectual property rights are granted by the local sovereign power, many legal systems in the past maintained the position that the existence, extent, meaning and application of such rights could only be definitively decided by the granting authority or the courts of that country. There is wide recognition that the arbitration of intellectual property is desirable. The law in most of the major countries has been changed in recent years in favor of arbitrability of intellectual property rights. We can also propose ADR on-line.

• 한국중재학회지:중재연구
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• 제29권3호
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• 한국중재학회지:중재연구
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• 제14권2호
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• 한국중재학회지:중재연구
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• 제31권2호
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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.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.373-418
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• 2003

This is to study intellectual property(IP) protection of contents which is related with transactions upon internet network. Issues of electronic transaction and infringement cases were studied and analyzed for intellectual property protection. Upon those study, utilization and activation of contents, dispute settlement and method of IP protection were suggested. To achieve this study purpose, it consists of 5 chapters. In chapter 1 introduction, it's mentioned purpose, scope, and method of this study. In chapter 2, outline of contents and e-Commerce, and subject of IP protection upon internet were studied. In chapter 3, issues and dispute factors of IP were discussed and infringement cases were analyzed. It found out that infringements would be variety and complex due to technology rapidly changes. In chapter 4, IP protection plan and responsibility of webmaster were studied and emphasized to protect IP upon Internet. Also, protection against infringement and method of dispute resolution were studied and suggested the method. In this study, the protection plan was suggested because IP protection of contents in internet would be many cases upon internet technology. It found out that technology was important for business expansion of contents, e-Commerce and IP protection, and to enact a law related with IP. In chapter 5 conclusion, this study was summarized and further research was suggested. This study results are 1. IP related laws had better enact or revise to meet internet technology changes for IP protection timely, 2. local laws are to change and develop to harmony with international norm and trends, 3. consolidation of IP related laws for unification of IP statement should be incurred to avoid unnecessary energy of legislation and not to create dispute matters. That's also for customer satisfaction. In conclusion, not to incur ADR and for IP protection of contents, IP related laws would be promptly made or revised, according to technology change trends and for international harmony, That's for internet related industry development and customer satisfaction.

• 한국신재생에너지학회:학술대회논문집
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• 한국신재생에너지학회 2007년도 추계학술대회 논문집
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• pp.525-528
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• 2007

Geothermal Energy is related part of important the technology, and getting Patent statistics and analysis are targeted to Koran, Japan and America. Accoding to patent statistics, checking the analysis, developing speed of technology in korean and technology level and compared with America between Japan of technology. In this paper, Give help to national level can be achieved by reinforcing companies R&D, putting more concern and effort on getting straegical patents, activation of jog invention, expanding the quality Intellectual property(IP) & licensing Personnel, building a system responsive to international patent dispute. and national level can be archived by encouraging &supporting R&D of core technology, overseas applications of IP rights