• Journal of Digital Convergence
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• v.2 no.1
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• pp.93-112
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• 2004

A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

• The Journal of the Korea Contents Association
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• v.10 no.2
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• pp.394-401
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• 2010

As market becomes global, international standardization is more critical for the success of businesses and countries. Especially in the field of ICT(Information and Communication Technology), standardization is more important. Businesses not only try to expand the standard favoring them, but also they try to include their IPR(Intellectual Property Rights) such as patents into the standard. By doing these, businesses can increase their share in the market. In this paper we consider the patents included into the standards of ITU-T and IEEE which are major international standards development organizations(SDO) in the field of ICT. The patent analysis is a meaningful research topic because it helps us to understand the current status and future directions of patent activities. We investigate the patent database with respect to the nationality and institution of patent owners. The results of patent database analysis are included and some comments are presented.

• Fashion & Textile Research Journal
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• v.11 no.5
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• pp.840-845
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• 2009

The purpose of this study is to analyze the trends of technique development of domestic textile industry and to guide the directions for researches to secure competitiveness of textile industry by analyzing domestic patent applications. This research used patent literature from Korean Patent Information database provided by Korea Intellectual Property Rights Information Service(KIPRIS), and the patent search scope, based on the application year, was from 1980 to 2007. The number of patents by natives was lower than that of foreigners in 1980's, but from the mid 90's, that number grew larger than that of foreigners. Also the number of patents by natives have shown steadily increasing tendency. However, the number of foreigner's patent in D03, D04, D05 of class was higher than the number of patents by natives. The technical fields where the patent application ratio is high varied from one country to another. In Korea, D01F of subclass had the most number of patents, and D05B, D04B had the most number of patents in Japan and Germany.

• The International Journal of Costume Culture
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• v.5 no.3
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• pp.151-163
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• 2002

This study attempted to creat patent map 163 cases of patent for technology of apparel design using computer technology and researched the trend of Patent application by count교, technologies, applicant and filing date. In regard to application by country, the United States mark the first place with 99 cases (61%), Japan marks the second with 34 cases (21%), Korea the third with 19 cases (12%). Comparing the patent applications in specialized technologies, we find the United States is overwhelming the technologies for garment Production Process, Patterning Process and preparatory process, and Japan is currently undergoing development work in this area, while most of Korean applications are focused in the technologies for selection or substitution methods related to Purchase and sale of apparels, body image and design service Therefore, it is required to preoccupy and defend patent rights as well as develop technologies aggressively and extensively in preparation for the expansion of e-commerce market. Analysing the speed of progress in technology in terms of number of applicants and application cases, we can say it entered into developing stage from the middle of 1990s and it seems that they will continue the development work from now on. in case of Korea, they began in 1996, somewhat late, but reached a similar level with the United States in 2000.

• Management & Information Systems Review
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• v.36 no.3
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• pp.239-254
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• 2017

This study examines the relationship between R&D spending and patent rights, which are suggested by firms as a way to increase their firm value. Specifically, we examine the relationship between research and development costs and patent rights, and see if there are any differences in the influence of two variables on firm value. The period of this study is from 2005 to 2016, and the sample of companies used in the research including the patenting companies is composed of 333 companies in total. The results of the study are as follows. First, the cost of R&D expenditure and capitalized R&D expenditure showed a significant positive correlation with patents. Second, R&D spending did not show a significant relationship with firm value, but patent rights showed a significant positive correlation with firm value. However, firms that spend a large amount of R&D expenditure (RDD), such as research and development expenses, showed a significant positive (+) value and a patent dummy (PATD). Third, in the analysis of the difference between the dummy of research and development and the patent dummy, the enterprise value of a company that invested a lot of patents and research and development expenses was high. The contribution of this study is to examine the relevance of corporate value to R&D investment for patents. On the other hand, there are various variables that can be used as a sample of patents.

• Journal of Technology Innovation
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• v.15 no.1
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• pp.145-173
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• 2007

Using patent and firm-level panel data for 1982-2001, this study investigates spillover effects of patents and the strengthening of intellectual property rights on Productivity and Innovation. As well as we consider the effect of intra-industry spillovers, we extend the effect to inter-industry spillovers which implies the effects of IT industries on non-IT industries. The empirical results are summarized as follows. First, allowing for firm-level variables, market competition and technological spillovers, the strengthening of intellectual property rights does not play a significant role on innovative activities. Second, while innovative activities of domestic firms affect significantly firms' innovative activities, those of foreign firms do not. Third, innovative activities of IT industries as inter-industry spillovers play a significant role on innovative activities and labor productivities of domestic firms.

• Journal of the Korean Society of Costume
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• v.54 no.1
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• pp.125-139
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• 2004

The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

• Journal of the Korean Magnetics Society
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• v.11 no.6
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• pp.278-284
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• 2001

Recently patented rights affect the competitive power of each country. Specially the situation of that country will be superiority if one country has lots of basic invention patents in advanced technology. In the near future, research results in universities or research institutes should be involved with patent application so that the investment of research funds improves our technology. Alloy is used to adjust magnetic characteristic in invention for magnetic recording medium. In this case there must be cautious in make out the patent claims of invention about such alloys. The patent for alloy invention is considered with following standard. (1) composition range and structure aspect according to the need of a composition metal (2)characteristics of the alloy and for use.

• The Journal of Fisheries Business Administration
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• v.45 no.2
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• pp.1-13
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• 2014

This study analyzes patent trends regarding farming-related technologies such as breeding or nursery technology, production systems, and new cultivation methods in order to provide objective patent information about the trends of R&D on marine products' proliferation or farming. Presently, in Korea, we try to secure marine living resources through the formation of artificial resources instead of environmental improvement policy or resource management policy. However, this is not about eliminating the causes of marine environment destruction but just the policy for improvement, so it is needed to revise the related policy with more ultimate measures. And it is necessary to develop technology that can secure the rights by integrating patent application strategies from the stage of R&D for medicine that can be utilized in chief farming countries and provide intensive support for the research centering around strategic varieties for farming in each region as well as strategic national farming varieties afterwards. Also, the analysis shows that it is urgent to make applications overseas based on domestic applications in order to develop technology that can be commercialized in not just Korean but overseas market as well.

• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.455-467
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• 2015

Objective: The present study suggested practical measures for successful patent registration based on a review of success and failure cases of patent application filed based on inventions obtained from physical ergonomics research. Background: The protection of intellectual property (IP) contributes to economic growth and competitiveness and facilitates innovation and creativity. IP rights are pursued on research findings for effective technology transfer and commercialization; however, a patent application can be rejected if patentability requirements such as patent eligible subject matter, utility for industrial application, novelty, or non-obviousness are not satisfied. Method: Three successful and three failed cases of patent applications based on physical ergonomics research were reviewed, critical reasons for their successes and failures were examined, and measures were proposed to avoid failures in patent registration. Results: The following measures were identified based on the patent application case review. First, abstract ideas including logical procedures and/or mathematical formulas need to include use of tangible apparatus and methods in idea realization. Second, the provision of grace period inventor disclosure exception needs to be properly followed in case an invention is disclosed before filing of patent application. Lastly, a comprehensive analysis of prior art published or publicly known anywhere in the world and a claim preparation of distinguished, non-trivial features compared to prior art solutions are needed to avoid possible violation of novelty and non-obviousness. Application: The proposed measures can help to prepare a patent application with patent eligibility.