• Asian Journal of Innovation and Policy
• /
• v.7 no.3
• /
• pp.606-624
• /
• 2018

Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
• /
• v.8 no.4
• /
• pp.35-44
• /
• 2018

Unlike other lawsuits, patent infringement litigation is a very difficult case to grasp without expert knowledge of the patented technology. The Patent Agent Act seems to recognize the legal representation of patent agent in Article 8, but the Constitutional Court and the Court have refused to recognize patent agent's legal representation right in the patent infringement suit. In this regard, constant controversy is taking place among patent agents and lawyers. This study examines the measures to enhance the effectiveness and professionalism of patent litigation in patent infringement litigation. This study analyzes the role of patent attorneys in patent infringement lawsuits in major countries and derive rational alternatives. As a result, it is inappropriate to restrict the attorneys' automatic acquisition of patent attorneys' qualifications or revise the patent attorneys' law in relation to the patent attorney's right of proxy. In the case of litigation parties, it is a desirable alternative to introduce a revised patent attorney system for the fundamental problem solving and to allow the litigants to reasonably choose the litigation agent.

• Journal of Korea Technology Innovation Society
• /
• v.15 no.3
• /
• pp.700-721
• /
• 2012

This paper deals with methods for determining the reasonable royalty rates in the valuation of patents. To calculate the reliable reasonable royalty rate of a patent, we review pros and cons of the 25% rule royalty calculating method and the recent trend of this method. We also review the game theory of Nash Bargaining equation and review the Investment of Rate of Return Method according to the financial analysis. Next, we refer to the reasonable royalty damage cases among the recent patent infringement cases in USA and analyze the corresponding patents. We extract the patent indicators from the patent bibliographic information. Finally, we obtain a regression model for calculating a reasonable royalty rate using the patent indicators and the reasonable royalty rates in the recent patent infringement cases.

• Journal of Arbitration Studies
• /
• v.21 no.1
• /
• pp.57-72
• /
• 2011

According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

• Journal of Arbitration Studies
• /
• v.26 no.3
• /
• pp.51-66
• /
• 2016

This paper considers how various types of patent disputes can be more efficiently resolved through arbitration, rather than litigation. For this analysis, it takes three types of patent disputes as a control sample - contractual disputes, infringement disputes and FRAND disputes - and assess how these disputes can be better resolved through arbitration in terms of several criteria, namely, the suitability of the decision-makers, the number of forums in which disputes have to separately decided and enforced, procedural flexibility and confidentiality. The paper takes into consideration that certain types of patent disputes, such as infringement disputes and FRAND disputes are unlikely to be subject to pre-existing arbitration agreements. In these types of disputes, parties may make the decision between arbitration and litigation based on strategic and tactical concerns, rather than legal ones. The paper concludes that, given this limitation, it is not possible to categorically state whether arbitration is more suitable than litigation for resolving patent disputes. The most sensible course to follow in adopting arbitration for patent disputes is for legal advisors to be familiar with the intricate benefits and pitfalls of arbitration in patent disputes, and to actively consider referring a dispute to arbitration over litigation after a dispute has arisen.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.30 no.4
• /
• pp.54-61
• /
• 2007

This research relates to the patent application tendency about the components and modules of the intelligent robot among the robotics industry in which the market is more and more expanded. The patent about the components and modules of intelligent robot was analyzed from not only Korea but also U.S, Japanese and Europe which is called as the 3 pole of patent. By this research the government which supervises the nation's research policy can obtain the objective information of the industrial tendency, so it can establish the investment policy of national research and development. And the researchers can set up the research direction for evasion from patent infringement trouble by obtaining the patent application information. This also shows whether their research can be competitive or not.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.30 no.4
• /
• pp.46-53
• /
• 2007

This research relates to the patent application tendency about the hardware platform of the intelligent robot among the robotics industry in which the market is more and more expanded. The patent about the hardware field of intelligent robot was analyzed from not only Korea but also U.S., Japanese and Europe which is called as the 3 pole of patent. By this research the government which supervises the nation's research policy can obtain the objective information of the industrial tendency, so it can establish the investment policy of national research and development. And the researchers can set up the research direction for evasion from patent infringement trouble by obtaining the patent application information. This also shows whether their research can be competitive or not.

• Journal of Engineering Education Research
• /
• v.23 no.4
• /
• pp.52-65
• /
• 2020

This study aims to find the major creative ideation patterns embedded in the commercially valuable patents in the mobile communication industry. For the purpose, we analyze 171 cases of the patent infringement lawsuit filed by Nokia in the United States. It is examined that what kind of TRIZ inventive principles and SIT thinking tools were applied to resolve technical contractions in each of the 171 cases respectively. Among the 40 inventive principles of TRIZ, 'feedback' principle was used mostly and 'division' principle the next. Among the 5 thinking tools of SIT, 'attribute dependency' mostly used, and 'division' the next. This suggests that what kind of inventive principles or thinking tools should be considered preferentially to resolve technical contradictions in practically important technical problems in the mobile communication industry.

• Asia Marketing Journal
• /
• v.18 no.1
• /
• pp.55-73
• /
• 2016

With continuous news headlines related to patents in the public media, awareness of patents' value is spreading, and patents are valuable not only to a firm but also to consumers. Therefore, this study makes an effort to explore the theoretical mechanism of the effects of patent infringement litigation (PIL) on customers. More specifically, this study examines the influence of PIL on customer-based brand equity (CBBE) and brand innovation image (BII). Based on this study's findings, PIL's outcomes directly affect BII, which in turn indirectly affects CBBE. That is, people will evaluate a winning brand as a highly innovative brand, which contributes to higher brand equity. However, in regards to PIL's direct effect on CBBE, there are some differences between Apple and Samsung. In the case of Apple, the winner image positively affects only one dimension of CBBE, brand loyalty, while for Samsung, the plaintiff's image negatively affects brand loyalty.

• Journal of Korea Technology Innovation Society
• /
• v.11 no.1
• /
• pp.23-45
• /
• 2008

The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. There is a high possibility that aggressive patent policy and black box strategy of Japanese enterprise can be a burden to Korean enterprises. Thus, a policy should be established against the technology protectionism. The policy can be based on a strategy about international cooperation policy of KIPO and strategy against infringement of overseas intellectual property rights. Of course, collaboration and cooperation will be activated among the advanced countries including technical cooperation. However, a systematic strategy of intellectual property rights should be focused on international cooperation and countermeasure against infringement of overseas intellectual property rights because national interest takes precedence over any other interest especially in case of strategically owing industry. A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, construct confidence as social capital etc. Enterprises have to maintain no Patent no Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of patent pool, strive for specialization regarding technical transfer and license management.