• Journal of Legislation Research
• /
• no.54
• /
• pp.303-343
• /
• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• Journal of Technology Innovation
• /
• v.21 no.2
• /
• pp.169-197
• /
• 2013

Despite many theoretical and empirical studies, general causality between IPRs system, firm technological innovation and financial performance is not clear. This study notices that the core factor to create financial performance is different by each industry. The study analyzed the effect of IPRs system on innovation and economic growth targeting 3 industries; pharmaceutical industry to which the basic track of creating performance is applied (strengthening IPRs${\rightarrow}$increasing R&D input/output${\rightarrow}$increasing sales); semiconductor industry where the relationship between stronger IPRs and R&D input/output is weak; and shipbuilding industry which has weak correlation between R&D and sales. It used panel data for 15 years since TRIPs when the patent institution in Korea reached up to the level of advanced countries, and applied the dynamic regression model which estimates the fixed effect model with difference-GMM. As a result, stronger IPRs increased R&D input/output, and financial performance in pharmaceutical industry, but has no influence on semiconductor and shipbuilding industries. That is, it is necessary to customize the construction of system and policy for strengthening IPRs by each industry, and unitary strengthening or weakening may have no significant impact on financial performance improvement in specific sectors.