• Journal of the Korea Academia-Industrial cooperation Society
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• v.7 no.6
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• pp.1319-1336
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• 2006

The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

• Korean Journal of Legislative Studies
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• v.24 no.1
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• pp.67-101
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• 2018

The purpose of this study is to examine the significant factors having an effect on voting behavior of legislators in the FTA ratification votes of the 18th and 19th National Assembly. The previous studies show that the ideology and party affiliation of lawmakers are the most important factors influencing voting decisions of legislators. The study investigates whether these factors plays a significant role in voting on the FTA ratification. Statistical results show three important findings. First of all, we expected that the influence of the party variable be the most important factor due to the strong discipline of the Korean party. However, the results show that the constituency-interest variable is the most influential factor in the all analyses. Likewise, the results show that the influence of ideology variables on voting behaviors is very strong even though its impact is different by cases and models. This indicates that in the analysis of the voting behaviors of legislators, it is necessary to examine the effect of ideological variables in depth and in various ways. In addition, the results reasonably suggest that the party variable be consistently important even though its statistical significance is not shown in some models. Because the study analyzes the voting on the free trade agreement(FTA) bill, the results may not be commonly applicable to other voting behavior of legislator. Likewise, there is a limit to discussing the general characteristics of lawmakers based on the analysis on the 5 FTA ratifications. Nevertheless, the finding of the study is very significant. This is because it comprehensively analyzed the factors having an influence on the voting behavior of the legislators on FTA ratifications submitted to the National Assembly steadily since the 16th National Assembly. In addition, the study is very meaningful because it analyzed the ideological variables of the legislators in various perspectives considering that it is not easy in measuring the ideology of the lawmakers.