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Kwak, Choong Mok
- Journal of Arbitration Studies
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- v.26 no.3
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- pp.121-147
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- 2016
Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.
https://doi.org/10.16998/jas.2016.26.3.121 인용 PDF

이상무;박기식
- Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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- 1999.11a
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- pp.53-59
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- 1999
A Patent Pool tends to be activated to establish the harmonization in recently standardization activities related to information and telecommunications with patent rights. Recent main examples of patent pool related to telecommunications standardization are concentrated in this paper. We seem to examine the practical meanings of patent pool from review the examples of utilizing patent pool. Those examples are analyzed and presented in this paper as typical construction cases of patent pool by characteristic of formation : The MPEG-2 patent pool which has become a pioneering precedence being managed by establishing MPEG LA as professional and administrative entity having organizied scalef; DVD patent pool which is a type of dividied case of a patent pool; the patent pool of IEEE1394 which was formed by surronding technology market effect outside the entrepreneur; finally the UMTS case in mobile telecommunications area.
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Park, Eun-young;Yoon, Hye-sun;Kim, Tae-young;Oh, Dong-ryul;Jo, Keun-tae
- Journal of Korea Technology Innovation Society
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- v.19 no.2
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- pp.280-301
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- 2016
The competition environment among companies is rapidly expanding into the world market. Therefore, this study intended to suggest an analysis method of patent portfolio that can compare an international technological capacity through empirical analysis on the global automobile companies. This study measured international patent activity using triadic patent data of 20 years from 1991 to 2010, and measured patent quality from legal, technological and economic aspects. As a result, Ford and GM, automobile companies of America, are analyzed to be the potential leaders with greatly increased patent quality. The significance of this study is in measuring international patent activities between global companies from different countries based on the triadic patent. And, this study suggested methods of analyzing patent quality consistently from legal, technological and economic aspects based on the triadic patent.
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Choo, Kineung
- Journal of Korea Technology Innovation Society
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- v.21 no.3
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- pp.1127-1154
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- 2018
This paper aims to contribute to estimating the value of a patent by explaining the unobservable attributes of patent quality using observable patent citation indices. The paper first constructs patent citation data and identifies firm, university, and research institute among assignees, and then tries to explain attributes of patent quality using backward citation indices. Backward citation indices carrying information about technological sources which a given patent is based on turn out to be good predictors of forward citation indices carrying information about attributes of patent quality. Finding the functional relationships between attributes of patent quality and backward citations will lead to the improved estimation and prediction of patent value. It is found out that backward citation indices are strongly correlated the technological diversity of a patent. The paper also suggests that with whom an organization chooses to collaborate affects the attributes of patent quality.
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