• Journal of the Korean Society of Mineral and Energy Resources Engineers
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• v.55 no.6
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• pp.635-648
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• 2018

This study analyzed patent trends of seismic nodal systems and the technical characteristics of core patents of three major companies, including Fairfield, Sercel, and Wireless Seismic, to examine the focus of technology development of each company. From the analysis, the patent application growth rate of seismic nodal systems has steadily increased since early to mid-2000s and has recently shown a higher growth rate. Over the same period, the patent application growth rate of the three major companies examined was higher than that of the global trend, and patent infringement cases was also examined to evaluate market competition in this field. Analysis of the technical characteristics of the three companies' 33 core patents showed that they are generally focused on seismic signal detection. Sub-technologies included improved reliability of data acquisition, data transmission efficiency, and overall operating of the seismic nodal system. New entrants in field of technology development or manufacturing of seismic nodal systems where the market is growing must closely analyze the contents of major companies' products and patents to prevent possible patent disputes or duplicate research.

• Journal of the Korean Society of Manufacturing Process Engineers
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• v.15 no.4
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• pp.16-22
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• 2016

This study is a structural analysis of 3" Cryogenic Safety Breakaway Coupling using a manufactured product from KLAW Company. Breakaway coupling is very important in the pipe system, especially when transporting fuel or gas in the pipeline. For the analysis of the patent infringement target, Dover and KLAW Company's technologies (US 08127785, EP 0764809) were analyzed. Finally, the flip-flap valve overlap was measured after combining the breakaway coupling through 3D modeling, and the valve overlap had a 0.7mm measurement value from the height gauge. The safety breakaway coupling consisted of a total of 62 pieces (body: 42, valve module: 21).

• 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 Korea Technology Innovation Society
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• v.20 no.2
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• pp.313-333
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• 2017

As science and technology advanced, specialized and massive, development through mutual cooperation or research based on patent licensing such as material transfer contract, technology transfer contract etc are actively taking place to minimize or separate the cost and risk of R&D. In R&D, such mutual work can enjoy the merit of division of labor by effectively allocating resources and manpower to accomplish its goal. Inevitably, however, there are also many possibilities of disputes regarding the ownership and use of intellectual property rights resulting from such mutual/post-studies, or inventions upgraded by using prior patents. The case reviewed by this paper is noticeable regarding the recent trend of upgraded inventions. In the case, a pharmaceutical company conducted tests/assessments on the complete technology of patent owned by a university on the premise of transferring the technology, and then terminated the technology transfer contract due to reasons of toxicity. The university then filed a damage claim suit against the company for infringing the contract. This is a dispute case betw een a university which developed a potential ingredient for new medicine and a pharmaceutical company which agreed to transfer and receive the technological later on. Regarding the upgraded inventions of source patents, this case has many implications on the protection of prior patents, research contract, and research security to protect the accomplishment of research. This paper reviews the subject ruling and the protection of upgraded patents and source technologies. As critical notes, the paper also summarizes the major issues of case ruling to observe the standard of ruling patent infringement related to the extortion of upgraded patents. Then, through the ruling of the case above, the paper suggests implications and future strategies.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.7 no.3
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• pp.45-53
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• 2012

This study is about the impact of a technology-based start-ups' patent-related activities on early stage company performance. Technology-based start-ups are closely related to the intellectual property rights, particularly patents that they aim the pursuit of new products or production methods and pioneer the introduction of market based on innovative technology, and that is a key role in such companies established and operating, hence the research of patent-related activities in technology-based start-ups has important implications. In most previous studies, the impact of the company's patent related activities on the performance of corporate management is determined by using quantitative patent indicators. Therefore, through this study, causal relationships leading to business performance through the development of new products, which includes technology performance and product performance, and the patent-related activities including the company's patented technology support activities, creating the right activities, infringement response activities, base activities validated as follows. First, the patent-related activities have a positive impact on technological and products achievements. In other words, the various activities involved in the acquisition and utilization of the patent have a positive impact on the performance of company's new product development, particularly developing new technologies or patent acquisition rate. Second, the technology have a positive impact on the performance of the products, not on the business performance. However, the empirical results shows that it has indirectly impacts on business performance through the product performance. Third, product performance have a positive impact on business performance. In conclusion, patent-related activities affects the performance of the company's management, and the maintenance of the company's business performance depends on the developing and selling product based on the customers needs, besides the technology performance such as the patents and the development of technology.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.7 no.6
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• pp.1319-1336
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• 2006

The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

• The Journal of the Korea Contents Association
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• v.18 no.6
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• pp.102-112
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• 2018

This study, energy saving technology development is desperately needed and the energy efficiency through improved environmental impact by minimizing economic raw materials and subsidiary materials can lead to reductions in local Small Business at the heart of the new technology in the background, product design and development. That's about technology, strengthen and broaden the design patent right infringement of its competitors by gaining a global corporate foundation of development research. In order for companies to develop diagnostic analysis and key technology analysis and evaluation of progress on the scope of rights through the development of new technologies to diagnose and design rights and the extent and design rights infringement and design development since the company's growth analysis. Integration of the design development and the core technologies of the company will be the core of national industrial competitiveness of small businesses and by securing and creating the knowledge-based rights, fusion link that can grow into compatibility business is much more need in a difficult economy.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.85-112
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• 2011

These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

• Korea Trade Review
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• v.41 no.1
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• pp.21-39
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• 2016

The problems of parallel import in China have been becoming hot issues day by day, because the brand name goods' price in China is much higher than in other developed countries. This study researched the parallel import's basic theories and law cases, and analyzed the legal matters of Chinese parallel import system. First of all, China hasn't any law on parallel import so far. So the court judges determined the law cases based on 「patent law」, 「trademark law」 or 「anti-unfair competition law」. Therefore even in the same case, there might be different decisions according to judges or applied laws. This study handled three different law cases on the parallel import. We found some problems of Chinese parallel import system, so our conclusion is that to solve those kinds of problems, China should legislate the new parallel import law as soon as possible.

• Journal of Digital Convergence
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• v.13 no.7
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• pp.23-31
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• 2015

With the expiration of main patent of printing method, public interest now has shifted to 3D printing. In this, it needs to shine a light on the negative effects, particularly in the socio-economic aspect of 3D printing. By analyzing the existing research findings, policy reports and press releases, the negative effects of 3D printing and its countermeasures were derived. The main drawbacks of 3D printing includes the following: It might cause 3D printing-related crimes(e.g. printed weapons, intellectual property infringement, etc.) and it poses a big threat to other related business sectors.(e.g. potential job loss in molding and medical equipments manufacturing industries) What's more, the nature of 3D printing that it is easy to operate attracts lots of people, which then leads to serious social and environmental problems-product liability, ethical issues, environmental pollution, and finally government's blindly excessive investment in 3D printing. To avoid such potential risks, the government should establish and enforce the institutional law, and guidelines. Government's rational investment decision is also inevitable for the short-term and long-term sustainability of 3D printing.