• Title/Summary/Keyword: Intellectual property rights

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Intellectual Property Rights (IPR) Regime and Innovation in a Developing Country Context: Evidence from the 1986 IPR Reform in Korea

  • Kwon, Seokbeom;Woo, Seokkyun
    • STI Policy Review
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    • v.8 no.1
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    • pp.62-86
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    • 2017
  • Intellectual Property Rights (IPR) system is one of the major institutions for incentivizing innovation. However, a strong IPR regime does not necessarily encourage innovation every time. This is because a variety of factors come into play in configuring the ways the IPR system interacts with the dynamics of innovation. In the present study, we examine whether different degrees of absorptive capacity at the industry level bring about heterogeneous effects of a strong IPR regime on the innovation capability of innovators across different industries in developing country. Using the case of the 1986 IPR reform in Korea, which permitted patenting pharmaceutical products and copyrighting computer programs, we analyze the quality of patents produced by Korean applicants between 1982 and 1991. Our analysis finds no evidence that the IPR reform improved the innovation capability of innovators in the two aforementioned sectors, but rather affected their patenting behavior differently.

지적재산의 취득과 실시에 관한 경쟁정책 : 기술혁신 시장 이론

  • 권용수
    • Proceedings of the Technology Innovation Conference
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    • 1996.12a
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    • pp.196-238
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    • 1996
  • Because global innovation-based competition is increasing and the amount of R&D expenditures becomes severely large, it is more likely that mergers and collaborative ventures tend to affect adversely to R&D competition Against this trend, enforcing agency of advanced countries including U.S.A are reassessing certain aspects of competition policy toward mergers and acquisition to ensure that procompetitive, efficiency-enhancing transactions are permitted. The role of competition policy is developing and appropriating new technology and protects the risks involved in the licensing contract of technologies. The role of intellectual property rights is also contrived to promote technological innovation and to increase consumer welfare. That is to say, dynamic efficiency of intellectual property rights includes (l) increase in social welfare and (2) promotion of growth by improvement of quality through invention and commercialization of new product as well as enhanced productive efficiency thorough appropriating new process. Because intellectual property rights are licensed to make use of complementary inputs, the rule of reason approach seems proper when applying antitrust law. To analyze the "Antitrust Guidelines for the Licensing and Acquisition of Intellectual Property"by DOJ and FTC in U.S.A, the author surveyed pros and cons on innovation market approach. This approach will only be used in a narrow range of situations when the evidence is solid, concentration numbers are extremely high, and the agencies can predict with a high degree of certainty that the merger will likely lead either to a slowing in the pace of innovation or the loss of an alternative research track that is likely to lead to a product beneficial to consumers. The author introduces the studies on licensing contract of intellectual property rights and competition polices on behalf of potential inquirers. Also the author invites the interdisciplinary researchers to analyze further with a model on the aspects of the "Notice 1995-10 for Types and Criteria on Unfair Transaction Behavior in International Contracts" by Fair Trade Committee of Korea.

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Deconstructing Global Intellectual Property Rights Regimes over Biodiversity (생물다양성과 지적재산권, 그리고 국제통상에 관한 지리학적 고찰)

  • Kim Sook-Jin
    • Journal of the Korean Geographical Society
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    • v.41 no.2 s.113
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    • pp.195-211
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    • 2006
  • During the 1986-1994 Uruguay Round negotiations under the General Agreement on Trade and Tariffs (later World Trade Organization), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was adopted by participating countries. TRIPS has not only allowed intellectual property to be introduced into international trade arenas, but also extended the scope of protection to biodiversity such as plant genetic material, arguing that intellectual property rights (IPRs) would help conserve biodiversity. In this paper, I aim to deconstruct the global IPRs regimes over biodiversity by adopting geographers' sensitivity to place and scale as an analytical window. By investigating how all the issues regarding IPRs over biodiversity that are raised by diverse disciplines, such as environmental ethics, environmental economics and political economy approach, are scale-related, I demonstrate how biodiversity IPRs, and its introduction into international trade agreements, though separate issues with no inevitable relationship to one another, have been put together for the construction of global IPRs regimes. I argue that the notion on the construction of scale (i.e., rhetorical and discursive construct of globalization) can contribute to revealing how fragile global environmental conservation regimes are.

Case Study of Intellectual Property Rights of Pre-service Teachers through Convergence Capstone Design Class (전문대학 예비유아교사 융합형 캡스톤디자인 수업을 통한 지식재산권 연계 사례 연구)

  • Ko, Eun Mi;Park, Young Sin
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.6
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    • pp.833-841
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    • 2023
  • The study is to suggest the example of convergence capstone design operation in department of early childhood education at a college and intellectual property rights application and registration. Based on key experiences such as practical training, students derived ideas for solving problems across the field related to young child, and overlaps with existing intellectual property rights ideas were verified. Linkage with industry and engineering experts was established for mentoring, after going through a refinement process, it contains the process by which five teams among the winning works of the school competition achieved the result of patent application and registration. Through this, we revitalize convergence capstone design education that goes beyond a creative and practical competency-centered curriculum and is linked to the performance of securing intellectual property rights.

Judgment Litigation about Intellectual Property Rights and Response Strategy of Both Parties (지식재산권 침해에 대한 심판소송과 쌍방 간 대응전략)

  • Jang, Tae-Jong;Kim, Seok-Jin
    • Journal of Information Management
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    • v.37 no.4
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    • pp.141-159
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    • 2006
  • This paper presents the response strategy taken by the both parties who possess and infringe the patent rights in the case of patent litigation occurring in local companies. It is common that many entrepreneurs suffer from patent judgment litigation related to the intellectual property rights. Response strategy on the standpoints of patentees and trespassers are discussed in several cases such as infringement and abuse of patent rights, divulgence of trade secret and invention during employment in small & medium sized enterprises.

The role of Patent on Foreign Direct Investment: Evidence in Vietnam

  • PHAM, Nga Thi;PHAM, Huong Thi Thu
    • Journal of Distribution Science
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    • v.18 no.6
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    • pp.77-82
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    • 2020
  • Purpose: In the period of international integration, how is the implementation of intellectual property regulation in developing countries? Do intellectual property rights help attract more Foreign direct investment (FDI)? This study aims to show the effect of intellectual property rights, reflect in the number of patent registered (Patent distribution into two components: Patent_residents and Patent_non-residents) on FDI attraction in Vietnam. Research design, data and methodology: Using Autoregressive distributed lag (ARDL) model for the data collected from 1990 to 2018 with EViews version 9 software. Conclusions: The results indicate that the number of patent protection has a positive effect on FDI in both short term and long term. In particular, only patent registration of foreign individuals and organizations has a significant positive effect on attracting FDI, while that of Vietnamese patents is not statistically significant. From the results of this study, we provide some recommendations to help attract FDI based on raising awareness of intellectual property rights: Increase international cooperation for innovation to learn and encourage patent; Improve the capac ity of inventing as well as the ability to register patents of Vietnamese people; Government agencies are tasked to support a nd review registration procedures; Encouraging patent registration based on the patent.

지적재산권의 역사적 연원- 저작권과 특허를 중심으로 -

  • 황혜선
    • 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.

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Analysis of Geographical Patterns of Intellectual Property Applications by Region (지역별 지식재산 출원의 지리적 패턴 분석)

  • Shin, Su-Yeon;Jung, Sang-Hoon
    • Journal of the Korean Regional Science Association
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    • v.39 no.2
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    • pp.31-46
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    • 2023
  • This study aims to analyze the spatial patterns of intellectual property across various regions through an in-depth analysis of intellectual property trends and their influential factors. While there's an overall upsurge in intellectual property applications in the Seoul metropolitan areas, a more detailed inspection reveals divergent patterns based on the type of intellectual property - with patent rights primarily increasing in certain non-Seoul areas and trademark rights seeing a rise predominantly within Seoul. Our findings also suggest that the growth in intellectual property applications correlates positively with improvements in public transportation accessibility, expansion of knowledge-based service industries, and a rise in large enterprises, although the relationships vary by intellectual property type. These results indicate the significant influence of geographical factors and industrial structures on knowledge-generation activities, thereby suggesting a need for region-specific policies to bolster these capacities.

The Research on the International Treaties and Domestic Situations to Protect the Intellectual Property of Korean Medicine and Our Countermeasures (한의약지식재산보호를 위한 국제협약 및 국내현황 조사와 그 대응방안에 대한 소고)

  • Lee, Ju-Ho;Kim, Namil;Kim, Dong-Ryul;Kim, Min-Seon;Kim, Youn-Hee;Cha, Wung-Seok;Ahn, Sang-Woo
    • The Journal of Korean Medical History
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    • v.29 no.2
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    • pp.83-105
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    • 2016
  • Traditional medical knowledge and its biological resources, including Korean Medicine, has regarded as an important object of intellectual property rights. International organizations have been discussed and implemented various treaties on how to exercise and protect the property rights of traditional medicines. In Korea, the governmental policies and the academic societies have endeavored to establish the protection method and academic foundations of Korean Medicine's intellectual properties. This study will examine the current situation of discussions in major international organizations and Korean governmental policies related to the protection of traditional medical intellectual properties. Furthermore, this paper will contemplate the possible arguments and countermeasures to protect the traditional knowledge of Korean Medicine. We hope that this study will contribute to find the reasonable and effective ways of protection of Korean Medicine's intellectual property rights.

Metabus culture and intellectual property. (메타버스 문화와 지적재산)

  • Seok, yeonseon;Kim, Soo dong;Kim, Deok min;Bae, Shin hoon;Jeong, Hyung won
    • Journal of Integrative Natural Science
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    • v.15 no.1
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    • pp.27-36
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    • 2022
  • Metabus, currently represented by Second Life on the Internet, is the next-generation 3DCG Internet world in which the 2D Internet world has evolved, and has grown as a new ICT culture of mankind that can replace real society with virtual society. As such, the reason why the world of metabus has rapidly expanded is that the era of 3D Internet has arrived due to the evolution of the Internet, which only used information, and the spread of 5G communication in user-participating WEB. However, there are many situations in which laws do not exist in this virtual world and various illegal acts occur. As the Internet culture developed earlier, illegal activities by users began to appear, and as the legal responsibility of Internet providers was discussed, mankind quickly passed the Millennium Copyright Act or introduced new copyright protection measures such as technical protection, transmission rights, and rights management information. Therefore, this paper reviews and studies how to accept and further grow this new metabus culture, including the viewpoint of intellectual property.