• Title/Summary/Keyword: intellectual property

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A Study on Arbitration Qualification of Intellectual Property Right Dispute - Focus on Korea and China - (지적재산권분쟁의 중재적격에 관한 연구 -한국과 중국을 중심으로-)

  • Choi, Song-Za
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.27-46
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    • 2011
  • In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

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Limitations and Challenges of Ergonomics Regarding Intellectual Property

  • Park, Hee Sok
    • Journal of the Ergonomics Society of Korea
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    • v.34 no.5
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    • pp.469-471
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    • 2015
  • Objective: The objective of this paper is to review the interests and limitations of ergonomics regarding intellectual property. Background: There have been less interests in intellectual property among the ergonomics professionals. However, the importance of intellectual property is increasing as competitions in industry are getting fierce. Method: Literatures on the relations of intellectual property with ergonomics were examined, and the international patent classification system was studied. Results: No profound studies were found in the area of the relations of intellectual property with ergonomics. Ergonomics was not considered in patent classification. Conclusion: It is important to induce more interests regarding intellectual property to the community of ergonomics. Further studies are expected on the relations of intellectual property with ergonomics. Application: The results from this paper would be of help to inducing ergonomists to more interests in intellectual property.

An Empirical Study to Support Intellectual Property Strategy Planning in Firms : The Use of Intellectual Property Roadmap (지식재산 전략유형별 R&D 특성분석과 지식재산로드맵 활용방안)

  • Cho, Chanwoo;Lee, Sungjoo
    • Journal of Korean Institute of Industrial Engineers
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    • v.41 no.6
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    • pp.559-571
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    • 2015
  • To strengthen competences, most of firms have co-operated with external partners. This increases the possibility of unexpected conflicts between firms due to the intellectual property litigation. A suitable intellectual property strategy for firms has to be developed to settle this issue. This study aims to analyze an utilization of intellectual property strategy in firms, and tries to suggest a concept of IP roadmap to support intellectual property strategy planning aligned with technology planning process. For the purposes, we derive five types of intellectual property strategy of firms using Korea Innovation Survey. Then, we explore significant affecting factors using a decision-tree and conduct in-depth analysis for them. Lastly, we suggest a concept of IP roadmap, which can be a supporting tool for developing intellectual property strategy in firms, based on analysis results.

Creation Trend of Chinese IP(Intellectual Property) Film Works (중국 IP(Intellectual Property)영화 작품의 창작 트렌드)

  • Wei, Si-Yuan;Song, Seung-Keun
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.24 no.2
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    • pp.329-332
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    • 2020
  • Recently, IP (Intellectual Property) films have attracted much attention in the Chinese film market. This raises the need to take intellectual property films seriously in academic terms. The purpose of this study is to explore the effective methodology of content development based on intellectual property by analyzing the recent trend of Chinese intellectual property films. Recently, the driving force of the development of Chinese intellectual property films was analyzed, and the trend of Chinese intellectual property films was analyzed. The results of this study criticized the fragmented problems caused by the development of intellectual property films. This study made practical and academic suggestions to contribute to the healthy development of the intellectual property film market.

Survey of Intellectual Property Rights in the Ergonomics Field in Korea

  • Park, Jemo;Hwang, Jung Bo;Jung, Hwa Shik
    • Journal of the Ergonomics Society of Korea
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    • v.34 no.5
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    • pp.487-499
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    • 2015
  • Objective: The purpose of this study was to analyze the trend of ergonomics field in overall intellectual property rights in Korea, and suggest the direction for the future development. Background: Many ergonomists are trying to pursue optimal human well-being and safety, and create more convenient designs for human use. For these reasons, intellectual property rights may be used to protect the legitimate rights of originative and innovative ergonomic designs. Method: Intellectual property rights were reviewed by using Korea Intellectual Property Rights Information Service (KIPRIS), and then were classified and analyzed according to three intellectual property rights (patent, utility model, design), International Patent Classification (IPC) and ergonomics application areas. Results: The total number of intellectual property rights registered in the ergonomics field in terms of three intellectual property rights (patent, utility model, design) showed 48,814 which occupied 5.97% of the total registered Korea's intellectual property rights. Within three intellectual property rights, patent (87%) was recorded overwhelmingly higher than utility model (9%) and design (4%). Conclusion: The current trend of patent, utility model and design in the ergonomics field in Korea tend to increase over time. It is suggested based on the analysis in this study that continuing research and development should be focused on electricity section in accordance with the global trend. Application: The results of this study can direct the ergonomists to the areas of intellectual property rights in the ergonomics field that should focus on the research and development in terms of three intellectual property rights, IPC and ergonomics application areas.

Suggestions for Outcome-Oriented R&D Activity in Terms of Intellectual Property Management (지식재산의 관리 측면에서 본 연구성과 지향형 연구개발을 위한 제언)

  • Kim, Seung-Kun;Ko, Myong-Suk
    • Toxicological Research
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    • v.23 no.2
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    • pp.115-121
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    • 2007
  • Biotechnology is often described as the 'exploitation of biological processes for industrial purposes'. The last twenty years have seen phenomenal growth in this industry. The 21 century promises to see further advances in the field. However, since the cost of research is high, and the potential returns are linked to exclusivity, intellectual property protection is critical to this burgeoning industry. Without protection such investments in R&D would not be made and, the benefit that BT-related development are expected to bring, would not occur. BT industry are eager for high technology, and the technology must be transferred to a corporation from a research organization. In order to be successful, it is important that scientist must be directed toward R&D outcome beyond performance assessment. The process to gain a outcome involves multiple steps to turn the idea into the profit, and intellectual property issues are considered into the critical factors to affect the quality of R&D. The management of Intellectual property is very important in R&D. However, According to the survey conducted by KIIP (Korea Institute of Intellectual Property) and KOSEF (Korea Science and Engineering Foundation) in 2006, it is estimated the ability to treat Intellectual property is not sufficient because 82.5% of the respondents have not received an education. Governmental Support is needed to prompt systematically the ability of intellectual property management through education and consulting.

An International Comparative Study of Intellectual Property Education in Graduate school of Engineering (공과대학원의 지식재산 교육에 관한 국제 비교 연구)

  • Kim, Joon-Ho;Hong, Jin-Hwan
    • Journal of Engineering Education Research
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    • v.11 no.1
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    • pp.101-116
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    • 2008
  • As industrial society has changed to knowledge-based society, the needs for the intellectual property education in the engineering school is emphasized. Therefore graduate engineering school in USA, Europe, and Japan has strengthened intellectual property education. The curriculum has expanded from intellectual property introduction to business development using patent technology, valuation of intellectual property, intellectual property strategy and management. However, the intellectual property education in engineering school in Korea is in early stage. This study has surveyed the intellectual property education in major engineering school in USA, Europe and Japan, and compared it with the education in Korean engineering school. Finally, some recommendations are provided based on this study.

A Study on Analysis of KAIST Students' Perceptions of Intellectual Property and Start-ups and Educational Needs (과학기술특성화대학 재학생의 지식재산과 창업에 대한 인식과 교육요구도 분석 : KAIST 학부생을 중심으로)

  • Kim, Young-min
    • Journal of Engineering Education Research
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    • v.24 no.6
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    • pp.20-29
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    • 2021
  • The purpose of this study is to analyze KAIST students' perceptions of intellectual property and start-ups and educational needs. In this study, literature research, interviews, and surveys were conducted, and 5 students participated in the interview, and 202 students participated in the survey. Students had similar perceptions of intellectual property and start-up education. KAIST students had very little experience in intellectual property and start-up-related education in middle, high schools and universities. In particular, most students highly recognized the importance of intellectual property and start-up education, but recognized that the importance was low in their career path. Therefore, students were also less willing to participate in intellectual property and start-up-related education in the future. Students demanded the highest education on 'patent management' in intellectual property-related competencies, and the highest demand for 'start-up idea derivation ability' in start-up-related competencies.

A Study of Resolution of the Intellectual Property Dispute through Mediation and Arbitration (지식재산권분쟁(知識財産權紛爭)의 재판외(裁判外) 해결제도(解決制度)에 관한 연구(硏究) - 조정(調停)과 중재(仲裁)를 중심(中心)으로 -)

  • Kim, Yong-Kil
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.67-98
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    • 2009
  • Recently there are many cases on the intellectual property dispute. Among them some cases are solved through mediation and arbitration. Mediation and arbitration hold some advantage over court proceeding for intellectual property dispute. However the traditional litigation system has material limitation to settle down international intellectual property dispute. Without arbitration, litigation in court would be the only choice in case of no consensual settlement between the disputing parties. However, once being aware of the usefulness of the arbitration, people in international business widely realize that arbitration is generally preferred to litigation. Mediation is a method of settling dispute outside of court setting and many mediation committee are established since 1986 in Korea. Arbitrability has been a crucial issue in the intellectual property dispute. In most developed countries including the U.S.A. and Switzerland, arbitrability in the intellectual property dispute has been changed in recent years by law. Now in resolving the dispute with international intellectual property is needed for legal research, experience, working practices and knowledge of the intellectual property industry and so on.

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A Study on the Protection of New Intellectual Property Rights Focusing on E-commerce (전자상거래 관련 한국기업의 신지식재산권 보호방안)

  • Lee, Seung-Young;Cho, Myung-Ja
    • International Commerce and Information Review
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    • v.10 no.3
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    • pp.291-313
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    • 2008
  • As digital economy has dramatically evolved, new intellectual property rights protection has emerged as a pivotal issue which companies need to actively restxnid to. At the new digital era, the possession of new intellectual property rights determines the company values, and thus the protection of new intellectual property rights is getting more importance in the dimension of global competitiveness. The paper analyzes the changing aspect of digital economy and e-commerce paradigm, and explores the protection plan of new intellectual property rights focusing on e-commerce and digital goods transaction so that it can help the companies to strengthen their global competitiveness. After various case studies, we can find out that even though the companies have difficulty in settling out the strategies and policy due to the radical change of cycle in internet-centered digital economy, companies need to establish the systemic strategic plan to protect the new intellectual property rights stage by stage. Also, appropriate legal, institutional basis to protect the new intellectual property rights should be rearranged. The unsloved problems which relates with the protection of new intellectual property rights will be left for next research project.

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