• 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.

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

• Health Policy and Management
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• v.17 no.4
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• pp.1-30
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• 2007

This study aims to analyze the policy change which is caused by conflicts between interest groups when the Separation of the Prescribing from the Dispensing of Drugs (SPDD) was enforced. With the theory of New Institutionalism, the reason why the policy was to be changed can be explained by the concept of property right and transaction cost. As the government did not consider the change of property right and transaction cost between actors before introducing new institution, it was hard to adapt the SPDD. Though, under the established institution, the institutional change can cause the alteration in property right and transaction cost, government just focused on the new institution's execution. Therefore, the group which suffers the loss could not accommodate to the change of institution. For this reason, the adaptation of SPDD also caused huge conflicts between doctors and pharmacists. Then, this research shows that the reason why they conflict to the some issues in the content of PSPDD and why the issues was changed with the property right and transaction cost.

• The Journal of the Korea Contents Association
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• v.22 no.9
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• pp.260-270
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• 2022

With the revision of the 「State Property Act」, the conditions for using state-owned land have improved. The new government is also suggesting the necessity of using state-owned land to revitalize private investment and secure financial investment capacity. In line with these policy changes, this study examines Japan's policy on the utilization of state-owned land and effective use cases, and seeks to find policy implications from the perspective of managing and promoting the use of state-owned land. The direction of Japan's public land utilization policy is to induce optimal use of state-owned land through efficient management, and to increase the value of state property by promoting active use of state-owned land through linkage of state-owned and public land and private participation, etc. It appears that the policy is being pursued in the direction of suppressing the sale of state-owned land in the country. To promote the effective use of state-owned land, it is necessary to establish a clear policy direction first. In addition, the establishment of a transparent information disclosure system and the establishment of a strong control tower capable of coordinating interests between ministries are required. The starting point of policy establishment for efficient use of state-owned land is to change the perception that the actual owner of state-owned land is the people.

• Korea Trade Review
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• v.46 no.4
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• pp.205-217
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• 2021

This paper examines the effects of intellectual property protection policies on upstream firms' R&D investments in order to derive policy implications in relation to the fostering of the intermediate goods industry. To that end, the dependence on import of intermediate goods and the degree of protection of intellectual property rights are introduced into the model to analyze the effects of R&D investments on the dependence on imports and the effects of intellectual property rights protection policies on the level of R&D investments in order and the social welfare effects are also checked. The policy implications derived in this paper, which used an oligopolistic market model with a vertical specialization structure, are as follows. As R&D investments expand, upstream firm begins to have price competitiveness, the dependence on import of intermediate goods by downstream firm decreases, and social welfare increases. That is, in order to strengthen the independence of the intermediate goods industry, R&D investments by upstream firm should be expanded, and to promote this, the government should strengthen the protection of intellectual property rights.

• STI Policy Review
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• v.8 no.1
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• pp.62-86
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• 2017

Intellectual Property Rights (IPR) system is one of the major institutions for incentivizing innovation. However, a strong IPR regime does not necessarily encourage innovation every time. This is because a variety of factors come into play in configuring the ways the IPR system interacts with the dynamics of innovation. In the present study, we examine whether different degrees of absorptive capacity at the industry level bring about heterogeneous effects of a strong IPR regime on the innovation capability of innovators across different industries in developing country. Using the case of the 1986 IPR reform in Korea, which permitted patenting pharmaceutical products and copyrighting computer programs, we analyze the quality of patents produced by Korean applicants between 1982 and 1991. Our analysis finds no evidence that the IPR reform improved the innovation capability of innovators in the two aforementioned sectors, but rather affected their patenting behavior differently.

• Korean Journal of Heritage: History & Science
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• v.36
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• pp.39-67
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• 2003

In this paper we examine cultural properties of the North Korea from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property". This law was adopted the Resolution of the Standing Committee of the Supreme People's Assembly of DPR of Korea in 1994. For our study, some other laws or rules established after the end of Japanese colonial occupation (1910-1945) in North Korea were examined. The policy on protection and conservation of cultural property in North Korea seems to have taken place a relatively rapid. The purpose of this law is to carry out the policy with a view to contributing to establishment of strict system and order for protection and management of cultural property, to their preservation in original state, to their proper inheritance and development, and to enhancement of national pride and confidence among the people. This law consists of 6 chapters (52 articles): (1) Fundamentals of the law on protection of cultural property, (2) Archaeological excavation and collection of cultural relics, (3) Evaluation and registration of cultural property, (4) Preservation and management of cultural property, (5) Restoration of cultural property, and (6) Guidance and control of cultural property protection. Nevertheless, it is difficult to find the evidence of efforts to exploit the cultural properties from an academic point of view in North Korea since the late 1980s.

• Ocean and Polar Research
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• v.29 no.1
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• pp.43-53
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• 2007

Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.

• Korean Journal of Heritage: History & Science
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• v.51 no.1
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• pp.100-125
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• 2018

The Japanese colonial authority investigated and institutionalized Korea's cultural properties for the purpose of governance. This process was conducted by Japanese officials and scholars, and systematized after making some changes. The Reservation Rule (1916) and the cultural properties designated in 1934 were actually the starting point for Korea's current cultural property policy. In the view of lineup of 'committee' that consider all of cultural property and changing of 'cultural property list', this study discusses the cultural property policy implemented by Joseon's Government-General, which can be summarized as follows. First, Joseon's Government-General formed a committee (Preservation Society) to formulate the cultural property policy, and had the policy implemented by appointing Governor officials who accounted for more than half the total number of officials of the institution. Although some Koreans were concerned about this, they had no influence on the matter. Second, the cultural properties listed by Joseon's Government-General are divided into three periods according to the lists. The compilation of the first list was led by Sekino Tadashi, who represented the grading system (1909~1916); while that of the second list (1917~1933) was led by Guroita Gatsumi, who represented listing (1917~1933). Guroita Gatsumi tried to erase Sekino Tadashi's list by formulating the cultural property policy and the list - a situation that was revealed in the system and the actual contents of the list. The third list was made as a list of designated cultural properties in 1934. This list also reflected the results of Sekino Tadashi investigation of the important cultural properties at existing temples that had been excluded from the previous regulations (1934~1945). In this way, a basic framework for the listing of Korean cultural properties was established in 1934.

• STI Policy Review
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• v.4 no.2
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• pp.1-18
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• 2013

As the value and role of intellectual property increases in our knowledge-based economy, countries around the world have exerted various efforts to secure, utilize, and protect their intellectual property. The present study diagnoses the level of IP infrastructure of major OECD countries and analyzes their characteristics and impact. According to the diagnosis, the US, Switzerland, and Germany form a leading group followed by the mid-level countries of Korea, Ireland, Australia, and France, with Spain and Italy in the bottom group. In contrast to Korea's competitiveness in S&T and R&D infrastructures, its competitiveness in IP infrastructure is lower than the OECD average. This is thought to be due to Korea's IP infrastructure being hastily formed under the influence of international pressures rather than having been gradually built up by internal needs. A TFP analysis of the impact of IP infrastructure on economic growth shows IP infrastructure positively influences economic growth. Though this analysis is limited due to inability to secure sufficient data and indicators, it is a useful guide for understanding the nature and key characteristics of IP infrastructure.