• 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.

• Journal of Distribution Science
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• v.13 no.10
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• pp.15-21
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• 2015

Purpose - This study examines a bundling effect on production and distribution in a patent-protected industry. Despite the heavy use of bundling strategies in the information and technology industry, literature has paid scant attention to bundling of intellectual property rights. This study examines a theoretical exploration of the bundling effect on licensing behavior. Research design, data, and methodology - To address this behavior, we build a simplified model consisting of three stages: 1) bundling decision, 2) licensing agreement, and 3) competition. The subgame perfect Nash equilibrium is applied to the model. Results - A single-patent holder with superior technology grants its own license to the multiple-patent firm, thereby leaving the market. Anticipating the single right holder's licensing strategy, the multiple-patent firm offers a bundle, making the single-right holder's bargaining position weaker. Conclusions - Bundling is an effective business strategy, resulting in multiple products for a firm as it faces other firms with single-product lines in each market. Taking advantage of the multi-patent or multi-product lines, the firm utilizes the bundling strategy obtaining better technology from the standalone single-patent firms.

• Journal of Digital Convergence
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• v.18 no.5
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• pp.9-16
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• 2020

Recently, a patent holder of a technology that has been selected as a standard has caused considerable difficulties in enacting and using a patent technology standard as a patent ambush act that abuses the right. Major countries in the world are preparing legal grounds to prevent patent ambush, but in Korea, legal binding is very limited. Therefore, in this study, various proposals were attempted to prepare problems and policy solutions related to patent ambush in standard patents. In particular, we investigated issues and cases related to domestic and foreign ambush patents, it is considered that it is necessary to prepare a legally available device, clear standards for abuse of FRAND patent rights, and a patent compensation system to prevent patent ambushing.

• Journal of Service Research and Studies
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• v.14 no.2
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• pp.82-100
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• 2024

Due to the intensifying global technological competition, the strategic and economic importance of intellectual property such as patents as intangible assets is increasing. The purpose of this study is to understand the current status of patent innovation in the service industry and to derive the characteristics and implications of patent innovation in the service industry. To this end, this study conducted an investigation and analysis to understand the characteristics of patent innovation in the service industry based on the data from the business activity survey. The proportion of patent companies in the service industry, characteristics of each service industry, proportion of each service industry, and the number of patent rights holdings were analyzed. In addition, the trend of patent changes in the service industry was investigated. The service industry was compared and analyzed with other industries based on the results of the analysis of patent innovation in the service industry. In particular, the service industry was divided into four types in terms of the rate of increase in the proportion of patent companies and the ratio of patent holing companies, and the types were derived. Based on the analysis results, the characteristics of patent innovation in the service industry were presented. As a result of the study, the proportion of patent holding companies in the service industry was lower than that of other industries, and the gap with other industries was widening, showing that the patent innovation of service companies is lower than that of other industries. The average number of patents held by service industry companies was lower than that of other industries, and the increase rate of the number of patent rights held was also lower than that of other industries, widening the gap. Patent innovation in the service industry can be divided into four quadrants in terms of the rate of increase in the proportion of patent holding companies and the proportion of patent holding companies, and it has been studied that the service industry needs policy support suitable for the characteristics of patent innovation in the quadrant to which the individual service industry belongs.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.121-147
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• 2016

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 1999.11a
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• pp.53-59
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• 1999

A Patent Pool tends to be activated to establish the harmonization in recently standardization activities related to information and telecommunications with patent rights. Recent main examples of patent pool related to telecommunications standardization are concentrated in this paper. We seem to examine the practical meanings of patent pool from review the examples of utilizing patent pool. Those examples are analyzed and presented in this paper as typical construction cases of patent pool by characteristic of formation : The MPEG-2 patent pool which has become a pioneering precedence being managed by establishing MPEG LA as professional and administrative entity having organizied scalef; DVD patent pool which is a type of dividied case of a patent pool; the patent pool of IEEE1394 which was formed by surronding technology market effect outside the entrepreneur; finally the UMTS case in mobile telecommunications area.

• Journal of Technology Innovation
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• v.20 no.2
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• pp.135-159
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• 2012

To the analysis and discussion whether to conceptualization between the basis and LCM(Life cycle management) of patentability decisions and evergreening through research on patent application strategies and litigation cases. The Stakeholders have said that the LCM and evergreening strategies are an innovative effort to develop new pharmaceuticals, while others say that it is an effort to block generic pharmaceuticals from entering the market and permanently dominate the market by generic pharmaceuticals manufacturers or health economic perspectives. To achieve the goal of research, to discuss for conceptualization LCM and Evergreening strategies through patent application strategies for 14 pharmaceuticals for APIs and case studies for litigations. As a results, the LCM is getting patent rights for the results of research at the initial R&D stage and as such this shall be regarded as part of an effort for technology innovation. However, Evergreening is granting patent rights for the results by making high permission barrier to prevent the market entry of generic pharmaceuticals in the late development period during the pharmaceuticals development process or after their launch. This may lead to the problem of getting weak in health economic aspects and consumer welfare aspects by lowering the market accessibility of cheap generic pharmaceuticals.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.11 no.4
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• pp.1458-1467
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• 2010

Recently, imitation and infringement rights of an intellectual property are being recognized as impediments to nation's industrial growth. To prevent the huge loss which comes from theses impediments, many researchers are studying protection and efficient management of an intellectual property in various ways. Especially, the prediction of patent registration is very important part to protect and assert intellectual property rights. In this study, we propose the patent document analysis method by using text mining to predict whether the patent is registered or rejected. In the first instance, the proposed method builds the database by using the word frequencies of the rejected patent documents. And comparing the builded database with another patent documents draws the similarity value between each patent document and the database. In this study, we used k-means which is partitioning clustering algorithm to select criteria value of patent rejection. In result, we found conclusion that some patent which similar to rejected patent have strong possibility of rejection. We used U.S.A patent documents about bluetooth technology, solar battery technology and display technology for experiment data.

• Information Systems Review
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• v.22 no.1
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• pp.17-31
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• 2020

With the start of the fourth industrial revolution era, technologies of various fields are merged and new types of technologies and products are being developed. In addition, the importance of the registration of intellectual property rights and patent registration to gain market dominance of them is increasing in oversea as well as in domestic. Accordingly, the number of patents to be processed per examiner is increasing every year, so time and cost for prior art research are increasing. Therefore, a number of researches have been carried out to reduce examination time and cost for patent-pending technology. This paper proposes a method to calculate the degree of similarity among patent documents of the same priority claim when a plurality of patent rights priority claims are filed and to provide them to the examiner and the patent applicant. To this end, we preprocessed the data of the existing irregular patent documents, used Word2vec to obtain similarity between patent documents, and then proposed recommendation model that recommends a similar patent document in descending order of score. This makes it possible to promptly refer to the examination history of patent documents judged to be similar at the time of examination by the examiner, thereby reducing the burden of work and enabling efficient search in the applicant's prior art research. We expect it will contribute greatly.

• Journal of Engineering Education Research
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• v.22 no.4
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• pp.71-77
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• 2019

Capstone design is a very important college course that enhances students' creativity and skills. However, in most universities, the operation of capstone design is operated by the experience and intuition of the advisor, and it is somewhat lacking in the generation of useful results such as patent rights and technology start-up from the capstone design result. In this study, we proposed a performance - based capstone design operation model through patent linkage so that the capstone design class can create creative and useful results. The proposed operating model includes support for research on prior art of patent information utilization, patent right of idea, and technology commercialization. The proposed operating model was directly applied to the capstone design class in the university, and it was confirmed that useful results such as expansion of the scope of the research achievement and technology start - up were created compared to the existing operation model.