• Title/Summary/Keyword: Patent abuse

Search Result 7, Processing Time 0.021 seconds

A Study on the Policy Solutions to Prevent Abuse of Patents : Focusing on Patent Ambush (특허권 남용예방을 위한 정책방안 연구 : 특허매복행위를 중심으로)

  • Jeong, Myoung-Sun
    • Journal of Digital Convergence
    • /
    • v.18 no.5
    • /
    • pp.9-16
    • /
    • 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.

A case study of Abusing of Game Technology License - The Konami's Music Game Licence Lawsuit Approach - (게임 기술 특허 남용에 대한 사례연구 -코나미사의 음악게임 특허 소송 사례를 중심으로-)

  • Jeon, Hong Sik;Koh, Chan
    • Journal of Digital Convergence
    • /
    • v.12 no.1
    • /
    • pp.81-88
    • /
    • 2014
  • The patent right is that creators are received the right of monopoly for supporting their creation work perseveringly but sometimes it causes infringement of freedom of creation. In this study, we examine the patent of music game in arcade game field and also examine Konami's, which is a main producer in this field, institutes many lawsuits repeatedly. It brought on diversion of rivals and depression of game market. We examine the abuse of music game patent through the case of Konami. We examine the negative influence through all music game market that creativity blocked by repetitive patent lawsuit institutes from little change of operation device and music game hardware even though it is reasonable for guarantee of new technology patent in game field which is a idea industry. We examine the lawsuit cases of abuse of music game patent in Korea, China and Japan and we analyze market change through the cases. We recommend policy for this industry development.

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
    • /
    • v.37 no.4
    • /
    • pp.141-159
    • /
    • 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.

Anlaysis on Perference of Appropration Methods in Korean Manufacturing: Focusing on Patents and Trade Secrets (한국제조기업의 전유방법 선호분석: 특허와 영업비밀을 중심으로)

  • Kim, Sang-Sin;Choi, Seok-Joon
    • Journal of Technology Innovation
    • /
    • v.24 no.2
    • /
    • pp.143-175
    • /
    • 2016
  • In this study, we have analyzed the impact of firm, innovation and industry characteristics on firm's appropriation strategy focusing of the relative preference of patents and trade secrets by using the Korea Corporate Innovation Survey 2005, 2010 and 2014 data. According to the analysis results, companies with characteristics such as venture, high-technology industry, receipt of public R&D subsidies, performing product innovation, high R&D expenditure, prefer patents to trade secrets relatively. However, firm size and R&D cooperation did not have a statistically significant effect on the relative preference. This shows that policy on appropriation system considering the industry characteristics may be more effective. Companies in the industries with a high market concentration showed that trade secrets are preferred, especially these characteristic was distinctly in small and venture companies. This means that the increase in strategic patent applications of the incumbent firms is able to restrict the patent activities in small and venture companies. Because the excessive increase in strategic patents is likely to constrain the innovation activities of small and venture firms ultimately, policy initiatives to limit the abuse of strategic patent applications is required.

Compulsory Licensing as a price control and supply policy of patented drugs : Is it a possible alternative in South Korea? (특허신약의 가격통제 및 공급 정책으로서의 강제실시 : 한국에서의 가능성과 한계)

  • Byeon, Jin-Ok;Chung, Jung-Hoon
    • Health Policy and Management
    • /
    • v.20 no.1
    • /
    • pp.64-86
    • /
    • 2010
  • Korea has had problems with the price and supply of essential drugs such as Gleevec for leukemia, Fuzeon for HIV/AIDS, and Tamiflu for both avian flu and swine flu. The shortage or refusal of patented drugs supply is imposing a heavy burden in not only developing countries but also developed countries. Thinking over the serious results, we need to concern about the limited access to patented drugs by multinational drug companies' patent monopoly especially for pandemic and life threatening diseases. The effective response regarding to pandemic and life threatening diseases. The effective response regarding to pandemic situation requests collaborative and unbiased provisions of all countries in the world, however, sometimes patent monopoly may hinder the efforts. Compulsory licensing has been considered to be a useful alternative to the abuse of patent rights. However, the Korean experiences of compulsory licensing have left some controversial issues in connection with the availability of it in Korea. 'Flexibility' allowed in TRIPS and Doha Declaration has not come into effect in Korea for several reasons. Although the situation shows the limitations of compulsory licensing as a pharmaceutical supply policy, it is clear that compulsory licensing still has the possibilities of enhancing the access to medicines of all countries in need. Through searching the institutionalization process and experiments of compulsory licensing in Korea, this article explores the possibilities and the limits.

A Comparative Study on Parallel Import between Korea and China- Focused on Intellectual Property Rights (한국과 중국의 병행수입제도에 관한 비교연구- 지적재산권을 중심으로)

  • Huang, Yi-Qing;Cho, Hyun-Sook
    • International Commerce and Information Review
    • /
    • v.16 no.4
    • /
    • pp.79-102
    • /
    • 2014
  • A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

  • PDF

A Case Report of Alcohol-Related Dementia Treated with Korean Medicine, Including Gwibi-Tang-Gami (귀비탕 가미방을 포함한 한방치료로 호전된 알코올성 치매 환자 1례)

  • Lee, Hyoung-min;Kim, Jeong-hwa;Yang, Seung-bo;Lee, Hyun-joong;Cho, Seung-yeon;Park, Seong-uk;Ko, Chang-nam;Park, Jung-mi
    • The Journal of Internal Korean Medicine
    • /
    • v.37 no.4
    • /
    • pp.678-684
    • /
    • 2016
  • Objectives: This clinical study describes the effect of Korean medicine on a patient with alcohol-related dementia.Methods: A patient with cognitive disorder and memory impairment due to alcohol abuse was treated with the herbal medicine “Gami Gwibi-tang”, acupuncture, and moxibustion, together with basic Western medicine. The patient’s cognitive function was evaluated by the Mini-Mental State Examination-Korean (MMSE-K) and Clinical Dementia Rating (CDR). Brain Magnetic Resonance Imaging (MRI) was used to estimate the severity of structural brain damage.Results: Following treatment with Gami Gwibi-tang, patent’s MMSE-K score and CDR improved.Conclusion: This clinical case study provides evidence of the effect of Korean medicine, including Gwibi-tang-gami, on alcohol-related dementia.