• Title/Summary/Keyword: Patent Rights

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A Study on Patent Dispute Countermeasures of Chinese Companies (중국 기업의 특허분쟁 대응 방안에 대한 연구)

  • Park, Eun-Mi;Shim, Yun-Soo;Seo, Joung-Hae
    • Journal of Convergence for Information Technology
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    • v.11 no.1
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    • pp.102-108
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    • 2021
  • In this research, we would like to understand the measures to be taken in the event of a patent dispute by Chinese companies that are growing rapidly and competing with Korean companies in the global market, at a time when the fusion and compounding technology are accelerating. For this reason, the patent dispute countermeasures shown in the previous research were derived through deep interviews with experts, and a questionnaire survey was conducted with patent practitioners of Chinese companies. As a result of the analysis, the importance of cross licensing, patent invalidation proceedings, proceedings through collaboration with other companies, royalty payments, and patent invalidation proceedings in the case of a patent dispute in the Chinese industry is high. Shown. The results of this study provide practical guidelines to help corporate patent practitioners understand the best course of action in the event of a patent dispute, respond in a timely manner, and save time and money. It seems that it can be done.

Research on the Effectiveness of Protecting Utility Model with China's Patent Evaluation Report (실용신안 권리보호에 대한 중국 특허권평가보고서제도의 유효성 연구)

  • Ho, Hyo-rim
    • Journal of Korea Technology Innovation Society
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    • v.20 no.1
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    • pp.127-152
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    • 2017
  • China's utility model as a supplement to the invention patent, has short application duration, fast authorized speed, and has the same exclusive rights with patents, so companies can quickly dominate the market. But the utility model does not need to carry out substantive examination, so has lower stability, high frequency of invalid to accepted, so compare with the invention patent, difficult to be protected. In order to actively encourage the small and medium-sized enterprises to promote their inventions, and protect domestic patents, China established a protection policy of patent evaluation report for the utility model rights, especially the patent evaluation report can be used as evidence in a patent infringement trial, to provide judicial remedies for utility model patentee and the party of patent disputes. Many experts believe that the establishment of patent evaluation report system can improve the stability of the utility model patent right, and when the defendant request for invalidation of the patent right in the defense period, if there is no novelty, creativity lost or no other reason has not led to the stability of patent right given in a patent evaluation report of the utility model patents, the court may not suspend the trial, without having to wait for the Patent Reexamination Board makes the patent invalid declaration decisions, can improve the efficiency of the judicial process, accelerate the patentee's time. However, in practical patent infringement, the patent evaluation report system and invalidation system are in conflict. In this paper, through the analysis of the current China utility model system and compared with the South Korean utility model system, review the role and character of the patent evaluation report system, and through the actual cases of the utility model patent infringement litigation, analysis possible variates from the decision of patent evaluation report, to find out the reason of the patent evaluation report system being in conflict with the invalidation system, and research on the effectiveness for protecting Utility Model with China's Patent Evaluation Report.

Research on Girdle Technology Trends through Domestic Patent Analysis

  • Su-Joung Cha
    • Journal of the Korea Society of Computer and Information
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    • v.29 no.9
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    • pp.245-253
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    • 2024
  • This study collected applications, registered girdle patents, utility models, and design rights using the keyword girdle, and analyzed the application period, applicant, and technical classification of girdle patents, utility models, and design rights. This was done to extract basic data necessary for the development of functional girdles and to set the direction of research. From 2001 to 2005, girdle-related patents, utility models, and design rights applications were the most common. Individuals were the most common applicants, and the technical fields of girdle-related patents and utility models included human necessities, textiles, and paper products. Design rights were most often categorized as underwear, lingerie, corsets, bras, sleepwear, etc. The implication was that technology was required to subdivide the girdle function and to provide convenience in putting on and taking off the girdle. In addition, there was a lack of technical research on sewing methods, accessories, and functional fabrics, and research in these areas was required. In future research, it is thought that it is necessary to set the direction of technology development through research on foreign technologies.

A Study on the Seller's Liability under Article 42(1) of the CISG (CISG 제42조 (1)항의 매도인의 책임에 관한 소고)

  • Heo, Kwang Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.47-77
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    • 2013
  • The way for seller to procure the goods for selling is to produce the goods at his own factory and to buy the manufactured goods from the other company. In order to produce the goods for selling the seller have to obtain the resource from the domestic company or overseas. In the middle of producing the goods to sell, seller may breach the right of a third party based on intellectual property rights. That is to say, seller may use the machine that has not itself been patented and use a process which has been patented by a third party. Seller may manufacture the goods which themselves are subject to the third party industrial property rights. Nowadays it is stressed the importance of intellectual property rights such as a patent, brand, and design. These factors consist of the core elements of the competitiveness of the goods. Many embedded software have been used in the various sector. So the disputes regarding to the intellectual property rights is gradually increasing in number. Article 42 of CISG defines the seller's delivery obligations and liabilities in respect to third party intellectual property rights and claims. It contains a special rule for this similar kind of defective in title, which tries to provide an proper solution to the complex problems caused by such rights and claims in international transactions. When seller will apply this clause to the business fields, there are several points to which seller should give attention. First, Intellectual property is general terms in intangible property rights, encompassing both copyright and industrial property. Which matter fall within the scope of intellectual property? The scope of intellectual property can be inferred from the relevant international conventions, which are based on broad international consensus. Second, Article 42 of CISG governs the relationship between the seller and the buyer, that is to say, questions of who has to bear the risk of third party intellectual property rights. The existence of such intellectual property rights, the remedies available and the question of acquiring goods free of an encumbrances in good faith are outside the scope of the CISG. The governing law regarding to the abovementioned matters is needed.

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Social Tagging-based Recommendation Platform for Patented Technology Transfer (특허의 기술이전 활성화를 위한 소셜 태깅기반 지적재산권 추천플랫폼)

  • Park, Yoon-Joo
    • Journal of Intelligence and Information Systems
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    • v.21 no.3
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    • pp.53-77
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    • 2015
  • Korea has witnessed an increasing number of domestic patent applications, but a majority of them are not utilized to their maximum potential but end up becoming obsolete. According to the 2012 National Congress' Inspection of Administration, about 73% of patents possessed by universities and public-funded research institutions failed to lead to creating social values, but remain latent. One of the main problem of this issue is that patent creators such as individual researcher, university, or research institution lack abilities to commercialize their patents into viable businesses with those enterprises that are in need of them. Also, for enterprises side, it is hard to find the appropriate patents by searching keywords on all such occasions. This system proposes a patent recommendation system that can identify and recommend intellectual rights appropriate to users' interested fields among a rapidly accumulating number of patent assets in a more easy and efficient manner. The proposed system extracts core contents and technology sectors from the existing pool of patents, and combines it with secondary social knowledge, which derives from tags information created by users, in order to find the best patents recommended for users. That is to say, in an early stage where there is no accumulated tag information, the recommendation is done by utilizing content characteristics, which are identified through an analysis of key words contained in such parameters as 'Title of Invention' and 'Claim' among the various patent attributes. In order to do this, the suggested system extracts only nouns from patents and assigns a weight to each noun according to the importance of it in all patents by performing TF-IDF analysis. After that, it finds patents which have similar weights with preferred patents by a user. In this paper, this similarity is called a "Domain Similarity". Next, the suggested system extract technology sector's characteristics from patent document by analyzing the international technology classification code (International Patent Classification, IPC). Every patents have more than one IPC, and each user can attach more than one tag to the patents they like. Thus, each user has a set of IPC codes included in tagged patents. The suggested system manages this IPC set to analyze technology preference of each user and find the well-fitted patents for them. In order to do this, the suggeted system calcuates a 'Technology_Similarity' between a set of IPC codes and IPC codes contained in all other patents. After that, when the tag information of multiple users are accumulated, the system expands the recommendations in consideration of other users' social tag information relating to the patent that is tagged by a concerned user. The similarity between tag information of perferred 'patents by user and other patents are called a 'Social Simialrity' in this paper. Lastly, a 'Total Similarity' are calculated by adding these three differenent similarites and patents having the highest 'Total Similarity' are recommended to each user. The suggested system are applied to a total of 1,638 korean patents obtained from the Korea Industrial Property Rights Information Service (KIPRIS) run by the Korea Intellectual Property Office. However, since this original dataset does not include tag information, we create virtual tag information and utilized this to construct the semi-virtual dataset. The proposed recommendation algorithm was implemented with JAVA, a computer programming language, and a prototype graphic user interface was also designed for this study. As the proposed system did not have dependent variables and uses virtual data, it is impossible to verify the recommendation system with a statistical method. Therefore, the study uses a scenario test method to verify the operational feasibility and recommendation effectiveness of the system. The results of this study are expected to improve the possibility of matching promising patents with the best suitable businesses. It is assumed that users' experiential knowledge can be accumulated, managed, and utilized in the As-Is patent system, which currently only manages standardized patent information.

Technological Trend of Functional Clothing by Analysis of Korean Patent (국내 특허분석을 통한 기능성이 적용된 의복의 기술 동향)

  • Kim, Ho Jung
    • Fashion & Textile Research Journal
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    • v.16 no.1
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    • pp.160-166
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    • 2014
  • Patent and utility indicate international competitiveness in the knowledge-based society of the $21^{st}$century where both the quantity and quality of the nation's scientific intelligence and innovative technology represent key criteria to evaluate its strength. Thus, discerning the trends of patents is inevitable for further development. This research is centered on apprehending the technological current of the functional clothing of Korea, through an analysis of patents and utility models. The number of patent applications in Korea was low until the mid-1990s. However, it began to grow rapidly in the 2000s and the number of patents surpassed the number of utility starting in 2006. The technological level of invention in this field has been turned into a higher level. The IPC code with the strongest application was the field related to temperature controllable clothing (A41D 13/005), followed by surgeon or patient apparel related fields (A41D 13/12), and reflective or luminous safety devices (A41D 13/01).The main technological idea was to give functionality that could protect the human body from various hazards and represents the goal of various applied techniques. About 66% of domestic patent applications belong to individuals; however, the proportion of corporate or institutional applications(including universities) remains poor. Consequently, more systematic and long-term support for research on patents is required.

Herbal Patch Analysis in Korean Patent (국내 한방 패치 특허 현황에 대한 분석연구)

  • Park, Sunju;Woo, Seong-Cheon;Park, Ji-Yeun
    • Journal of Society of Preventive Korean Medicine
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    • v.22 no.1
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    • pp.45-59
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    • 2018
  • Objectives : The purpose of this study is to present trends and contents of herbal Korean Medicine patches by analyzing the herbal patches in Korean patents. Methods : Electronic search for herbal patch patents was conducted in KIPRIS (Korea Intellectual Property Rights Information Service). Korean patents that were registered by January 1, 2018 were selected in study. Patents that were not using herbal medicine or not related to patch were excluded in this study. The applicant, application date, International Patent Classification (IPC), contents and adhesive site of patches, target diseases, model of experiment and extraction methods were analyzed. Results : A total of 17 patents were included in this study. In applicant analysis, 61.5% of applicants were corporations. All IPCs in patents were involved in Section A (Human necessities & Agriculture) and 66.7% of IPCs were A61K (Preparations formedical, dental, ortoiletpurposes). In types of patch, 8 patents were hydrogel patches (47.1%), followed by 3 heating patches (17.6%). Skin related symptoms were the most targeted diseases (52.9%), Human was the most used model in experiments. Solvent extraction and hot water extraction were used frequently, and some patents had no limit for extraction were also existed. Conclusions : The study results will be helpful to diversify formulation of herbal medicine, to expand market scale of patent and to develop new application using Korean medicine. In order to establish sufficient data for utilizing patent technologies, more patent studies providing analyzed patent information are needed.

Patent Analysis and IP Creation of Liquid Carbon Dioxide Carrier Storage Tank (액체이산화탄소운반선 저장 탱크 특허분석 및 IP 창출)

  • Sang-Eun Bae;Jun-Hyung Park
    • Journal of the Korean Society of Industry Convergence
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    • v.27 no.5
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    • pp.1027-1040
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    • 2024
  • The development of liquid CO2 storage tanks and liquid CO2 handling technology are key for liquid CO2 carriers, and it is necessary to extract core patents of competitors that may lead to patent disputes in the future, establish response strategies, and strengthen the IP portfolio by creating new IPs. As a result of patent analysis for this purpose, patent applications and technology development are being led by the three large domestic shipbuilding companies(Hyundai, Samsung, and Hanwha) and the large Japanese shipbuilding company(MHI), and the handling of liquid CO2 storage tanks and liquid CO2 (prevention of dry ice formation) Technology-related patent applications and technology development are actively taking place, so there may be concerns about patent infringement. Currently, It has been confirmed that there are no core patents that are likely to cause patent disputes in the future. However, the technology concept in question lacks patentability as it is a combination of known technologies, so the creation of new IP is necessary to establish exclusive rights. Accordingly, through this project, four new IP creations and patent applications based on competitors' patents were completed. ① Technology to prevent the release of dry ice during unloading using filters, ② Technology to prevent the creation of dry ice in the unloading piping during unloading, ③ BOG reliquefaction technology to respond to CO2 emission ban regulations, and ④ Technology that can utilize BOG within ships.

Analysis of Applications of Industrial Rights in Eyewear Industry (안경산업에 있어서의 산업재산권 출원 현황 분석)

  • Jang, Jun-Young;Kim, Dae-Nyoun;Choi, Byung-Jin
    • Journal of Korean Ophthalmic Optics Society
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    • v.13 no.4
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    • pp.19-24
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    • 2008
  • Purpose: The purpose of this research is to induce domestic eyewear industry to invest in research and development of eyewear manufacturing technology and eyewear design. Methods: Analysis of Industrial Rights using data issued by Korea Intellectual Property Office and search results by 'Kipris' (Korea Intellectual Property Rights Information Service). Results: A number of Industrial Rights Application related to eyewear of eyewear industry has rapidly increased since 1980's. The ratio of Patent and Design Right applications related to eyewear by foreigner has continually decreased, 55%, 32.9% in 1980's, 40%, 22% in 1990's and 27%, 13.9% in 2000's. This shows domestic eyewear industry has developed technology and design on eyewear more and more. But numbers of Design Right applications in 1990's were about 60 in a year and those in 2000's were about 70 in a year. This may explain a few eyewear company have applied for Design Right. Conclusions: It is evident that domestic eyewear industry make an more effort and investment to develop eyewear manufacturing technology and design, but not enough. Actually, we don't know exactly how they develop and how much they invest. Now we need to research problems what they have and environments what they face.

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Intellectual Property Rights Analysis of 3D Avatars for Ubiquitous Fashion Business (유비쿼터스 패션 비즈니스를 위한 3차원 Avatar의 지적재산권 분석)

  • Park, Ha-Jin;Chang, Sue-Hyun;Park, Chang-Kyu
    • Journal of Fashion Business
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    • v.13 no.4
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    • pp.37-50
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    • 2009
  • Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.