• Journal of Information Management
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• v.37 no.4
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• pp.141-159
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• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.1013-1032
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• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• Asian Journal of Innovation and Policy
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• v.7 no.1
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• pp.190-206
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• 2018

This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

• Knowledge Management Research
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• v.20 no.1
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• pp.231-249
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• 2019

Technology transfer from a multinational company to a local subsidiary is essential for successful local market operations. This study aims to analyze the impact of market, cultural and institutional environmental factors on international technology transfer and innovation performance based on the S-C-P paradigm. We collected data from one hundred ninety-five subsidiaries of Korean parent firms located in seventeen countries and used structural equation modeling to test hypotheses. The analysis findings are as follow; First, both market and cultural environment directly affect international technology transfer. However, institutional environment such as protection of intellectual property does not affect international technology transfer. Due to the less risk of technology disclosure involved in technology transfer within the MNE organization can be not relationship between protection of intellectual property in the host country and the foreign subsidiary's transfer of technology. The risk of infringement of intellectual property is relatively low in intra-firm transfer of technology. Second, the technology introduced from the parent company has a positive effect on the innovation performance of local subsidiaries. This implies that multinational companies that have entered unfamiliar overseas markets should be able to effectively transfer the inherent advantages of the parent company to their overseas subsidiaries, and that their ability to adapt to the local environment is important.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.26 no.7A
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• pp.1284-1289
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• 2001

The characteristics of the intellectual property right(IPR) conflict with standardization. This is because standardization aims to achieve the common use of technology while IPRs aim to protect the proprietary right on technology. The license to use IPR should be granted so that standards can be used without an infringement. IPR policies have common characteristics in most parts of their contents and also different application methodologies. The ultimate object of IPR policy is to receive license grant. In this paper, significant typical IPR policies of main standardization organizations are comparatively analyzed. The overall objective of the IPR policy is to make strategic environment for license grant. IPR disclosure becomes the best practice to acquire license grant. With this practice, the action to licensing refusal becomes one of the main strategic factors of IPR policies.

• Archives of design research
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• v.17 no.4
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• pp.27-36
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• 2004

The protection of intellectual property right in international conventions are worldwide or regional areas already exists a century. Therefore, our country is positive affiliated with international conventions. After that time, such as a violation of international convention and an example of imitations are continually that we prognosticate the international trade market activities was difficult not only became an issue of country credit risk. At this point, the major purpose of this study make an analysis of both paralleled with the case study follow an example and the comprehension with concerned about recognition of intellectual property right. In additionally, it stands a plan of package design protections under the WTO systems. This study have carried out a theoretical and practical analysis of intellectual property right and statistical analysis through the inside and outside of the country packaging design study and a case study of troubles with intellectual property. Besides, it is accomplish the purpose of the study that established exploratory study survey about inside and outside of the country packaging design infringement case study and relative package design industry employees with consumptions real research. I hoped that this study will be a foundation on which packaging, design industry protections to intellectual property right.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.30 no.4
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• pp.54-61
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• 2007

This research relates to the patent application tendency about the components and modules of the intelligent robot among the robotics industry in which the market is more and more expanded. The patent about the components and modules of intelligent robot was analyzed from not only Korea but also U.S, Japanese and Europe which is called as the 3 pole of patent. By this research the government which supervises the nation's research policy can obtain the objective information of the industrial tendency, so it can establish the investment policy of national research and development. And the researchers can set up the research direction for evasion from patent infringement trouble by obtaining the patent application information. This also shows whether their research can be competitive or not.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.30 no.4
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• pp.46-53
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• 2007

This research relates to the patent application tendency about the hardware platform of the intelligent robot among the robotics industry in which the market is more and more expanded. The patent about the hardware field of intelligent robot was analyzed from not only Korea but also U.S., Japanese and Europe which is called as the 3 pole of patent. By this research the government which supervises the nation's research policy can obtain the objective information of the industrial tendency, so it can establish the investment policy of national research and development. And the researchers can set up the research direction for evasion from patent infringement trouble by obtaining the patent application information. This also shows whether their research can be competitive or not.