• Journal of Legislation Research
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• no.53
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• pp.525-551
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• 2017

This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

• 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.