• Title/Summary/Keyword: the intellectual property

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지적재산권의 역사적 연원- 저작권과 특허를 중심으로 -

  • 황혜선
    • Journal of Korean Library and Information Science Society
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    • v.20
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    • pp.455-470
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    • 1993
  • In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.

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A Study on the Build-up Model for the Discount Rate of Technology Valuation including Intellectual Property Risk (지식자산위험을 고려한 기술가치평가 할인율 적산모형에 관한 연구)

  • Sung, Oong-Hyun
    • Journal of Korea Technology Innovation Society
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    • v.11 no.2
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    • pp.241-263
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    • 2008
  • Within any income approach, a discount rate is used to convert some projected free cash flow to its presented value. In case of valuing companies, the most frequently used discount rate is the weighted average cost of capital(WACC) at the aggregate level. But technology valuation is different to discounting aggregate corporate cash flow since it is concerned about individual Intellectual property. Therefore, blindly applying standard discount rate such as WACC in technology valuation is unlikely to lead to the right result. The primary focus of this paper is to establish the structure of discount rate for technology valuation and to suggest the method of estimation. To determine an appropriate discount rate for technology valuation, the level of technology risk, market risk and competitive risk should be included in the structure of discount rate. This paper suggests the build-up model which consists of three components as a expansion of the CAPM. It includes (1) a risk-free rate of return, (2) general market risk premium and beta and (3) intellectual property risk premium related to technology risk and specific target market risk. However, there is no specific check list for examining the intellectual property risk until now and no specific method for quantifying its risk into risk premium. This paper developed the 10 element to determine the level of the intellectual property risk and applied estimation function such as linear function, natural log function and exponential function to transform the level of risk into risk premium. The limitation of this paper is that the range of intellectual property risk premium is inferred based on the information of foreign and domestic valuation agency. Finally, this paper explored the development of an intellectual property discount rate for technology valuation and presented the method in order to quantify the intellectual property risk premium.

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A Study on Required Competency for Each Field of Intellectual Property in the 4th Industrial Revolution Era (4차 산업혁명 시대의 지식재산 분야별 필요 역량 분석)

  • Park, Ki-Moon;Lee, Kyu-Nyo;Lee, Byung-Wook
    • 대한공업교육학회지
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    • v.45 no.2
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    • pp.108-130
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    • 2020
  • In order to cope with the rapid changes in science and technology and various societies and complex economies with the advent of the 4th Industrial Revolution, intellectual property education is essential above all. In this study, therefore, intellectual property and the required competences were derived and verified for each field. As for the research method, Delphi technique was used twice for literature review and experts, and the conclusions of the research are as follows. First, the field of intellectual property required in the era of the 4th Industrial Revolution was classified, through literature review and Delphi technique, in eleven sections such as IP-R & D consulting, IP information search analysis, IP entitlement, IP strategic planning, IP transaction, IP finance, IP value evaluation, IP management, global IP management, IP commercialization, and IP disputes, of which validity was verified. Second, It was analyzed that the validity of required competencies derived from each field of intellectual property was reliable. Third, it is generally appropriate to nurture manpower in each field of intellectual property in universities or graduate schools. In addition, it is judged that regular job training of industries such as enterprises and public institutions is necessary regardless of the field.

Infringement status of overseas intellectual property right and required strategy (해외지식재산권 침해 현황과 그 대응방안에 관한 연구)

  • Yoon, Byung-Seop;Han, Jung-Hee
    • 한국벤처창업학회:학술대회논문집
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    • 2007.11a
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    • pp.15-43
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    • 2007
  • 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. The number of dispute cases of intellectual property rights in Japan ranks first with 275 cases compared to that of other countries. Among the dispute case, the number of validation trial is 107 cases(38.9%), and correction trial is 83 cases(30.2%). The USA ranks second in dispute of intellectual property rights. Among the dispute of intellectual property rights in the USA, the number of validation trial is 66 cases(64.7%), and correction trial is 21 cases(20.6%). 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, solve jurisdiction problem of patent court system, improve trial system, 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.

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Trends of Intellectual Property on Musculoskeletal Disorder, Motion Capture Technology and Ergonomics

  • Yoon, Sang-Young;Jung, Myung-Chul
    • Journal of the Ergonomics Society of Korea
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    • v.34 no.5
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    • pp.437-445
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    • 2015
  • Objective: The aims of this study are to investigate the trends of intellectual property in order to identify the ergonomic approaches on musculoskeletal disorders, harmful factors of musculoskeletal disorders, and to find the potential applicability of motion capture technology. Background: Ergonomic posture assessment tools often showed interrater variance, though the usage is easy and practical in industrial fields. Moreover new technologies such as motion capture showed the potential applicability in posture assessment. So ergonomists and practitioners became interested in the intellectual properties on musculoskeletal disorder and motion capture technology. Method: Intellectual properties were collected with the combination of keywords such as ergonomic, musculoskeletal disorder, and motion capture using the KIPRIS (Korea Intellectual Property Rights Information Service). Collected intellectual properties were classified into ergonomic area and non-ergonomic area, except unexamined intellectual properties. This study investigated the trend of application of intellectual properties and the probability of using motion capture technology. Results: Few intellectual properties with ergonomic approach on musculoskeletal disorders were founded, despite many products for rehabilitation and sports. One hundred twenty five patents in 1105 patents on musculoskeletal disorders and 138 patents in 1908 patents on motion capture technology were classified into the patents that ergonomic approach can be applied. The patents related to ergonomics area are rapidly increasing after 2010, and there are good opportunities for ergonomists to apply the patents. Conclusion: This study found opportunities on novel methodology in detecting the harmful factors of musculoskeletal disorders, and that the motion capture technology is applicable in ergonomic posture assessment. Application: The results of this study can help ergonomists prepare the ergonomic patents, and can show the potential use of motion capture technology in detecting the harmful posture of musculoskeletal disorders.

Infringement Status of Overseas Intellectual Property Right and Required Strategy (해외 지식재산권 분쟁현황과 그 대응방안에 관한 연구)

  • Yoon, Byung-Seop
    • 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.

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Study on the Legal Protection of Sports Organizer's Profit and Introduction of Intellectual Property Right (경기주최자의 재산적 이익의 법적 보호방안과 지식재산권 도입론)

  • Lee, Sung-Un
    • Journal of Legislation Research
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    • no.54
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    • pp.345-382
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    • 2018
  • Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

Effects of Intellectual Property Rights Protection on Services Export Diversification in Developing Countries

  • SENA KIMM GNANGNON
    • KDI Journal of Economic Policy
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    • v.46 no.1
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    • pp.53-89
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    • 2024
  • The effects of the betterment of enforced intellectual property rights (IPRs) provisions on services export diversification are investigated. The analysis used an unbalanced panel dataset of 76 developing countries over the period of 1970-2014. The empirical analysis is based on the feasible generalized least squares estimator. It suggests that the implementation of weaker IPR protection fosters services export diversification in less developed countries (i.e., those whose real per capita incomes are less than US$US$ 1458.60), including those with a low level of export product upgrading. Conversely, in relatively advanced developing countries (countries whose real per capita income exceeds US$ 3356.80), including those with high levels of export product upgrading, the implementation of stronger IPR laws induces greater services export diversification. Finally, the analysis revealed the existence of a non-linear relationship between IPR protection and services export diversification. The implementation of stronger intellectual property laws spurs services export diversification in countries with high degree of IPR protection, especially when IPR protection exceeds a certain level, recorded here as having a score of 1.197. In contrast, in countries with weaker IPR protection, in particular those with IPR protection levels that score less than 0.915, it is rather the implementation of weaker intellectual property laws that promotes services export diversification.

A Study of Patentability on the paper in Traditional Korea Medicine by using technology information search to detect all existing similar patents (선행기술 조사를 통한 한의학 논문의 특허성 연구)

  • Song, Mi-Young;Lee, Joung-Hwa;Ahn, Sang-Woo
    • Korean Journal of Oriental Medicine
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    • v.11 no.2
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    • pp.53-66
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    • 2005
  • This study is concerned with the patentability and protection of intellectual property rights in Traditional Korea Medicine Paper. The results analyzed significance of patentability by investigated for many kinds of Traditional Korea Medicine Paper. It provide extension of intellectual property rights protection and further research region of TKM field by analysing information of patentability. Recently, In the protection of intellectual property rights, the importance of traditional knowledge resource in many country is increased. It will predict the number of apply for the patent increased annually This study will be provide judging guideline and strategy of intellectual property rights protection by search to detect all existing similar patents in Patent Office (Korea, Japan, U.S.A. EPO) about Traditional Korea Medicine Paper. As a result, It can not be investigated about 33% because of paper research or theoretical study or question investigation etc. But the case of 'The Korea Association of Herbology' and 'The Korean Oriental Medical Ophthalmology & Otolaryngology & Dematology Society' have about 10% rate. If it will be constructed DB system, they will be protected by national treatment.

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Basic principles of intellectual property protection agreements and strategies about traditional knowledge in WIPO (WIPO의 전통지식 등 지적재산권 보호 논의 동향 및 대응 전략의 기본 원칙)

  • Ahn, Sang-Woo;Kim, Hong-Jun;Choi, Hwan-Soo
    • Korean Journal of Oriental Medicine
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    • v.9 no.1
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    • pp.51-63
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    • 2003
  • 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 WlPO, focused on discussions about listing of TK documents, standardization of DB construction, sharing and profit distribution of GR. Their are disagreements between developed countries and underdeveloped countries about intellectual property protection agreements of TK, GR. The developed countries insist on using, the existing intellectual property protections, but the underdeveloped countries ask new ones on character of TK, GR, It causes intangible assets to be valuable trade properties in future world trade. We have to make national plans to face agreements about IP of TK, GR in WIPO with our own TK, GR. We must have a basic attitude about laying down these plans such as raising national economy, considering our TK, GR to be relics of mankind culture. In addition to these, it needs accurate analysis about agreements in WIPO, our TK, GR, scientific mechanical level and capital power.

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