• Title/Summary/Keyword: 특허관리제도

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Improvement Plan for the Payment Standard of Rental Fee in Construction New Technology (건설신기술 사용료 지급기준 개선방안)

  • Park, Hwan-Pyo;Oh, Un-O
    • Korean Journal of Construction Engineering and Management
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    • v.7 no.6
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    • pp.193-201
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    • 2006
  • The Evaluation system of Excellent Construction Technology has been operated for 15 years from 1990 in Korea. 443 technologies have been certified as Excellent Construction Technology(ECT) and those ECTs are adapted over 20,000 times into the construction projects. As a result of investigation, new technology evaluation system became a stable stage because new technology evaluation system has assigned about 433 and also applied more than 20,000 times in construction sites in 2004. However, it was indicated to a large problem that there aren't still detail criteria of cost assessment for using ECTs. Therefore, we analyzed the status and problems of the cost of using ECTs and suggested some useful ideas which are reviewed by various aspects. Specially we suggested specified criteria for the cost assessment of using ECTs. It is based on the scheduled construction cost and determined the rate $({\bullet}{\cdot})$ of using ECTs. To adapt ECTs into construction projects nationwide not only it is very important to certify better new technologies but also it is required to make the criteria of cost assessment for using ECTs.

A Comparative Study on Parallel Import between Korea and China- Focused on Intellectual Property Rights (한국과 중국의 병행수입제도에 관한 비교연구- 지적재산권을 중심으로)

  • Huang, Yi-Qing;Cho, Hyun-Sook
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.79-102
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    • 2014
  • A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

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The Study of Comparative Legal Review According to Data Exclusivity of Pharmaceutical Marketing Authorization - In preparation for the development of drugs and vaccine of COVID-19 - (의약품 자료독점권(Data Exclusivity)에 대한 비교법적 고찰 - COVID-19 치료제 및 백신 개발을 대비하여 -)

  • Park, Jeehye
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.223-259
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    • 2020
  • With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

Activation Factors of Industry Cooperation through Comparison Study on Domestic and International Industry Cooperation Programs (국내외 산학협력프로그램 비교를 통한 산학협력 활성화 방안 연구)

  • Kim, Hye Sun;Kim, Jong Boo;Kim, Hyoung Ro
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.9 no.2
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    • pp.187-200
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    • 2014
  • Industry Cooperation is not the choice of national development but the inevitable component in the world. Industry cooperation results of the reconstruction of the country is an important place as an essential element of the economic development of the national policy in the major economies. Despite several changes in the international economic environment, United States, Canada, Finland, Sweden, Israel settled and maintaining the sustainable development of the countries which successfully established Industry-University Cooperation or Industry-Acaemy Cooperation system in history. In this study, delivered to the realistic ways of Industry cooperation through comparison study on domestic and international cooperation programs. The new activation programs of industry academic cooperation are delivered, that is, The bonus payments system of technology development patent and free technology transfer for joint development, bonus points system and evaluation indicators for joint capacity building program which participate student, industry and academic sector, step-by-step training. system for total employment and entrepreneurship at the same time strengthening management training programs and education opportunity gives to the benefits for the community members. Finally, Intellectual property expert matching program which develops basis of technology trader and expert maps in the smallest unit by administrative area. practice the internet information search services in national wide network for this matching program and government office dedicated to staffing for technology transfer.

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Evaluation and Challenges of Policy Responses to ABS (Nagoya Protocol) of Korea (우리나라 ABS(나고야의정서) 대응정책의 평가와 과제)

  • Hong, Heung-Deug;Lim, Hong-Tak;Cho, Eun Seol
    • Journal of Korea Technology Innovation Society
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    • v.16 no.2
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    • pp.506-529
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    • 2013
  • Nagoya protocol, alias ABS adopted in UN Convention on Biodiversity in 2010, has prompted governments in many countries to prepare strategic plans with regards to both the conservation of domestic bio-resources and the use of those with foreign origin. This study aims to evaluate the effectiveness of policy responses of Korean governments to ABS (Access and Benefit Sharing) and to make suggestions for a more integrative and efficient governance system for related ministries and institutions. Our analysis indicates that while most ministries have designated laws specifying various measures for the conservation of domestic bio-resources such as protected biological species or natural areas, just a couple of them have instituted measures governing the use of those resources and the benefit-sharing arising from it. We conclude that policy responses of Korean government are more focused on the conservation of bio-resources leaving the use of them ill-addressed. The study, thus, suggests that measures of 'bio-resource user country' be instituted in addition to those of 'bio-resource supplier country'. For instance, with regards to the use of bio-resources the roles and remits of related ministries had better be clarified and coordinated. The uncertainty over the explicit indication of 'place of origin' of bio-resources as a requirement of patent grant need to be cleared as well.

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A Study for the Shoes Micro-sized Manufacturing Industry and the Development of the Government Policy: Surveyed on Beomcheon-Dong in Busan (신발소공인 산업의 실태분석 및 정책지원 방향: 부산진구 범천동을 중심으로)

  • Kim, Chul Min;Kim, Nog Hyeon
    • Journal of Korea Society of Industrial Information Systems
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    • v.22 no.6
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    • pp.47-59
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    • 2017
  • Korean Economy has been developed by the Korean Government's Support for the Large-sized Firms. This Government Policy causes the Polarization between Large-sized and Micro-sized Firms Aggravated. Micro-sized Firms are distributed over the Whole Industry Area, and can also cause the Economic Crisis If They are crashed down. Therefore Government Policy for the Micro-sized Manufacturing Industry is very Important Issue. This Paper Focused on the Analysis of Current Status for the Shoes Micro Manufacturing Industry. For the Effective Analysis, This Paper uses the Statistical Data Open to the Public and also conducts the Survey for the Micro-sized Firms in Busan. Statistical Program is used for Analyzing the Collected Data and the Major Findings are as Follows. First, Shoes Industry is led by the Micro and Small & Medium sized Firms rather than the Large-sized. And the Micro-sized Firms are getting the High Rate among the Whole Shoes Industry. Busan is heavily populated Area as the Origin of Shoes Industry. Second, even though Most of the Owner of the Micro-sized Firms have the High Technology Skill Level, Worker's Aging Phenomenon gets Worse and causes the Technology Handing down to the Next Generation Difficult. Third, Because the Factory Facility of the Micro-sized Firms is Dirt and Unstable, the Modernized Manufacturing Infrastructure such as the Apartment Factory Facility is Necessary. Forth, as the Micro-sized Firms which have the Intangible Asset such as Patent is Few, the Government Policy for Encouraging the Patent Application is strongly Needed. Fifth, Entrepreneurship and Collaboration Mind between Micro-sized Firms are Lacked, so Establishment of the Cooperative Union is required. Finally, the Effort for the Systemic Planning for the Management is lacked, and the Introduction of the Management Innovation is strongly needed. The Limitation and Future Research Direction is also discussed.

Derivation and Empirical Analysis of Critical Factors that Facilitate Technology Transfer and Commercialization of Research Outcome (연구성과의 기술이전 및 사업화 촉진요인 도출 및 실증분석)

  • Ku, Bon Chul
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.9 no.5
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    • pp.69-81
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    • 2014
  • There is a growing interest in the technology transfer and commercialization both at home and abroad. Accordingly, this study looked at the concept of technology transfer and commercialization, identified the factors that should be taken into account in order to facilitate technology transfer and commercialization, and then performed a empirical analysis. As for the conventional technology transfer and commercialization, there was a tendency to limit its scope to the exploration, transfer and commercialization of technology itself. Here in this research, technology transfer and commercialization is defined the category to expand as various activities implemented in order to make sure that intellectual properties such as intangible technological developments, know-how, and knowledge are transferred between the relevant parties through a contract or negotiation, and the party to which the transfer is made can then further develop and exploit the technology into tangible products and other activities to obtain economic benefit out of that. In addition, the findings of the positive analysis of technology transfer and commercialization revealed that the focus of facilitating technology transfer has been on the technology itself, its management and securing efficiency of the systems and institutions involved in the technology transfer and commercialization. So there was lack of recognition as to the importance of financial support given to the phase of technology commercialization. This indicates that when it comes to the technology transfer and commercialization, quantitative performance has been the focus of interest such as patent application, registration, number of technology transfers, royalty, etc. So there was not enough understanding as to the issues of starting up a business, creating quality jobs through technology transfer and commercialization, which are directly related to the realization of the creative economy. In this regard, this research is expected to be used for the development for the future policies to boost technology transfer and commercialization as it suggests not only simply ensuring quantitative performance but also necessary to create the environment for the creation of the stable ecosystem for the parties involved in the technology transfer and commercialization and then to build circumstances in which creative economy can be realized.

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