• Title/Summary/Keyword: World Intellectual Property Organization

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Arbitrating IP Disputes: the 2014 WIPO Arbitration Rules

  • Boog, Christopher;Menz, James
    • Journal of Arbitration Studies
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    • v.24 no.3
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    • pp.105-124
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    • 2014
  • There is a growing interest in resolving intellectual property rights disputes through arbitration rather than in state courts. The internationalization of commercial relations, one of the most significant drivers of the growth of international arbitration in general, encompasses intellectual property relationships as well. In 2014, the World Intellectual Property Organization Arbitration and Mediation Center revised its arbitration rules. The revision is part of a wave of recent updates of institutional arbitral rules. After briefly introducing the WIPO Center as an arbitral institution, this article assesses the features of the WIPO Rules that make them suitable for the particular challenges of IP-related disputes. A second part reviews the salient new aspects of the WIPO Rules from a comparative perspective.

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Alternative Dispute Resolution in Genetic Resources and Traditional Knowledge: Settlement at the World Intellectual Property Arbitration and Mediation Center

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.75-97
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    • 2019
  • The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

Korean Firms' Intellectual Property Rights Protection Strategies to Deter Counterfeiting and Brand Piracy in Global Markets (한국기업의 해외시장에서의 위조상품 대응전략에 관한 연구)

  • Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.9 no.4
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    • pp.351-374
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    • 2007
  • Recently, there has been rapid and spectacular increase in world wide counterfeiting and other forms of piracy. According to the World Customs Organization(WCO), counterfeiting accounts for 5 to 7 percent of global merchandise trade, equivalent to lost sales of as much as US$512 billion last year. Also Korean firms' damages arising from the infringement of intellectual property rights in global markets, especially in China market, are increasing. However, the existing studies on the intellectual property rights(IRP) protection have mainly focused on legal protection. Because the law is often not the best defense against theft of intellectual property rights, we must develop more effective defensive weapons for protection of IRP. Given this troublesome trend, the intention of this paper is to discuss strategic and tactical efforts, including legal protection, that can serve as proactive measures to deter counterfeiting and thus to assure the protection of Korean firms' intellectual property rights.

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Grope for a summary program about intellectual property protection of traditional knowledge(TK) etc. discussed in WIPO (WIPO의 전통지식 등의 지재권 설정 논의에 관한 개략적 방안 모색)

  • Lee, Je-Hyun;Kim, Yong-Jin;Choi, Hwan-Soo
    • Journal of Haehwa Medicine
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    • v.12 no.2
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    • pp.227-234
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    • 2004
  • The international government committee is progressing their agreements about intellectual property protection of traditional knowledge(TK), gene resource(GR), folklore(FL) in WIPO. It is in the course of selection with precedence of TK, GR, FL in WIPO, focused on discussions about listing of TK documents, standardization of DB construction, sharing and profit distribution of GR. There are disagreements between developed countries and developing countries about intellectual property protection agreements of TK, GR. The developed countries insist on using the existing intellectual property protection, but the developing countries ask new ones on character of TK, GR. It causes intangible assets to be valuable trade properties in future world trade. This research Groped for a summary program about intellectual property protection of traditional knowledge(TK) etc. debating in WIPO. This program confirms that such as TK, GR etc. not only to be the cultural property accumulated in human history, but also to be the original resource may be using at present. Therefore, we suggest that the focus of discussion should transfer to UNESCO instead of WIPO which only deal with the intellectual property protection. Besides, the main body which protecting and supporting TK should become its holding organization so as to achieve more effective management about it. In order to protect and support TK, the government should have firstly the recognition that TK is the property belongs to the country. By this viewpoint, it needs to setup DB through overall excavation of the unofficial knowledges in order to protect and support these TK, GR. Because the positive dealing with those WIPO's discussion means to support our TK, GR, so there should have some reorganization about existing related ones, and also needs systemic supporting policies & management' system.

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Deconstructing Global Intellectual Property Rights Regimes over Biodiversity (생물다양성과 지적재산권, 그리고 국제통상에 관한 지리학적 고찰)

  • Kim Sook-Jin
    • Journal of the Korean Geographical Society
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    • v.41 no.2 s.113
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    • pp.195-211
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    • 2006
  • During the 1986-1994 Uruguay Round negotiations under the General Agreement on Trade and Tariffs (later World Trade Organization), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was adopted by participating countries. TRIPS has not only allowed intellectual property to be introduced into international trade arenas, but also extended the scope of protection to biodiversity such as plant genetic material, arguing that intellectual property rights (IPRs) would help conserve biodiversity. In this paper, I aim to deconstruct the global IPRs regimes over biodiversity by adopting geographers' sensitivity to place and scale as an analytical window. By investigating how all the issues regarding IPRs over biodiversity that are raised by diverse disciplines, such as environmental ethics, environmental economics and political economy approach, are scale-related, I demonstrate how biodiversity IPRs, and its introduction into international trade agreements, though separate issues with no inevitable relationship to one another, have been put together for the construction of global IPRs regimes. I argue that the notion on the construction of scale (i.e., rhetorical and discursive construct of globalization) can contribute to revealing how fragile global environmental conservation regimes are.

A Study for Database of Uibang Yuchui (醫方類聚) and Its Value as the Intellectual Property of Traditional Korean Medical Knowledge (지식재산으로서의 의방유취의 가치와 DB구축의 필요성에 관한 소고)

  • Ahn, Sang-Woo;Han, Jiwon;Park, Joo-Young;Cha, Wung-Seok
    • The Journal of Korean Medical History
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    • v.31 no.1
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    • pp.123-134
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    • 2018
  • Today, knowledge itself has become a resource which must be protected by the pertinent community of its contributors and users, from being manipulated or distorted by third-party players. The preservation of knowledge in relationship to the cultural context of its origins, has been recognized by international organizations intent on maintaining authentic voice and perspective. Globally, the WIPO (World Intellectual Property Organization) organizes the annual IGC (Intergovernmental Committee) meeting to address various issues associated with each country's utilization of intellectual and bio source property. Korean Medicine is the official name for the traditional medicine that has been inherited from the cultures of the Korean Peninsula. It is one of the four practices of East Asian Medicine including Traditional Chinese Medicine (TCM) from China, Kampo Medicine of Japan, and Sino-Vietnamese Medicine in Vietnam. As a cultural treasure representing centuries of evolving knowledge, Korean Medicine is protected under intellectual property rights afforded by WIPO, and must be understood in relationship to, and distinct from, TCM. It is understood that China has a strong political purpose to claim all the traditional medicines of the East Asian region under the name of TCM, including Korean Medicine. In fact TCM was authorized as the representative name for all East Asian medicine by decisions made by the ISO (International Standard Organization) in 2015. This paper proposes a pilot study on how to protect the intellectual property of Korean Medicine from efforts by China to claim it under the umbrella of TCM. Using the Uibang Yuchui (醫方類聚, Classified Collection of Medical Formulas) this paper suggests establishing a Database of UBYC, which was published in 1477 by the Joseon Korea government. UBYC was the reorganized version of contemporary East Asian medical sources, and has already hundreds of year's rich indigenous and culturally specific medical history of Korea, from which Korean Medicine has been built.

The Technological Competitiveness Analysis of Evolving Artificial Intelligence by Using the Patent Information (특허 분석을 통한 인공지능 기술경쟁력 변화 과정에 관한 연구 - 주요 5개국을 중심으로 -)

  • Huang, Minghao;Nam, Eun Young;Park, Se Hoon
    • Journal of the Korean Society of Systems Engineering
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    • v.18 no.1
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    • pp.66-83
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    • 2022
  • Artificial Intelligence (AI) is to assumed to be one of next generation technology which determine technological competitiveness and strategic advantage of a certain country. By using the patent data, this study aims to have a comparative analysis of the technological competitiveness of evolving artificial intelligence at different stages of development among the five largest intellectual property offices in the world (IP5). For the analysis data, all AI technology patent data from 1956 to 2019 were utilized according to the classification system presented in the "WIPO 2019 Technology Trend: Artificial Intelligence" report published by the World Intellectual Property Organization (WIPO) in 2019. The results shows that China has already surpassed the United States in terms of the number of patent applications in the field of artificial intelligence technology. However, in the domains of the United States, Europe, Japan, and Korea, the technology competitiveness of the United States is far ahead of China. Interestingly, the rate of increase of Korea's technology competitiveness is also very fast, and it has been shown that the technology strength is ahead of China in non-Chinese domains. The significance of this study can be found in the fact that the temporal and spatial change process of technological competitiveness of significant countries in the field of artificial intelligence technology artificial intelligence was viewed as a macro-framework using the technology index (TS) the differences were compared.

A STUDY ON INTANGIBLE ASSET EVALUATION MODELING FOR CONSTRUCTION MANAGEMENT EFFICIENCY

  • Soyean Lim;Hyun-Chul Lee;Woo-Sung Yoon;Seong-Seok Go
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.876-882
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    • 2009
  • With overall opening of global construction market by World Trade Organization (WTO) agreements, importance of management efficiency of construction industry which considers both tangible and intangible assets is recently being recognized in our nation. That is, efforts for reinforcement of competitiveness must be placed through maximization of values of internal and external intangible assets of construction industry such as management innovation, information, investment in technology and R&D and intellectual property. Accordingly in this study, evaluation criteria for intangible assets of construction industry were investigated and classified. Using such criteria, evaluation index and model were established based on the degree of importance of each criterion. The purpose of this study is to review importance of intangible assets in terms of competitiveness and management efficiency of construction industry and to provide basic data for establishment of intangible assets and revitalization of investment.

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A New Direction and Its Challenges for Linkage of Agricultural Research and Extension As a Traditional Knowledge Development in Rural Korea: Agricultural Knowledge Systems (농업지식체계 구축에 의한 전통지식개발 방법으로서의 농업연구지도 연계의 방향)

  • Park, Duk-Byeong;Kang, Kyeong-Ha;Lee, Min-Soo
    • Journal of Agricultural Extension & Community Development
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    • v.10 no.1
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    • pp.15-29
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    • 2003
  • The study uses agricultural knowledge system theory to explore how traditional knowledge applies to the linkage system of agricultural research and extension in rural Korea. By agricultural knowledge system we emphasize the dynamic networks of actors, processes of negotiation, and the diverse ways in which knowledge is constructed and performed. The knowledge systems reflect the idea that the boundaries between knowledge groups are not closed and that there could be considerable overlap between knowledge system. The results of this study are the following : First, we should know that some extension agents clearly value farmer knowledge and try to facilitate farmer-to-farmer communication. Extension plays a significant role in the knowledge-creation process and shaping communities because knowledge processes are embedded in social processes that involve aspects of power, authority, and legitimization. Third, the constructions of agricultural knowledge systems thus include social interactions, communication, and the diverse processes individuals employ create, use, and evaluate multiple types and sources of information through the linkage between agricultural colleges and Rural Development Administration (RDA), establishing the research institution of research and extension linkage, exchange research agent with extension agent, and bottom-up approach. Second, we should know that the focus of traditional knowledge development is rural community development as a community process. Nowadays the sessions of the Intergovernmental Committee of World Intellectual Property Organization (WIPO) cover two lines of inquiry, which are the use of existing standards of intellectual property for the protection of traditional knowledge and that of new legal standards, eventually in the from of sui generis mechanisms of protection.

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A Study of Patent Document Processing by SGML (SGML을 이용한 특허정보처리 연구)

  • Kwon, Young-Sook
    • Journal of Information Management
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    • v.30 no.3
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    • pp.44-54
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    • 1999
  • A description of SGML(Standard Generalized Markup Language) is given together with a detailed description of WIPO Standard ST.32. The benefits of the use of SGML are highlighted-its system Independence and flexibility in building publication systems and full-text databases. A structure of WIPO Standard ST,32 based patent content is defined by DTD(document type definition) written in ST.32, and full-text itself is described with generalized markup depending on DTD. This article explains how to represent a document structure : a hierarchy structure like a entire document, a specific, sub-document, a paragraph, or non-hirarchy structure like a table drawings, or chemical structures. Merits of SGML In patent document processing are also discussed.

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