Incentive Legal Regimes in Scientific Activity of Universities: Comparative and Legal Analysis

Shabaeva Olga Aleksandrovna 충북대학교 법학전문대학원 법학연구소 2013 과학기술과 법 Vol.4 No.2

In article legal mechanisms of the state stimulation in the legislation of the Russian Federation and the foreign states are considered. Problems of efficiency of incentive legal regimes are defined. Solutions of the state stimulation of scientific activity of Universities are offered.

소프트웨어(SW) 침해 시 손해배상의 남용 가능성과 공정한 산정 기준

정연덕 충북대학교 법학전문대학원 법학연구소 2013 과학기술과 법 Vol.4 No.1

Recently Software infringement disputes are on the increase. Copyright owner usually calls for excessive damages in case of Software infringement. The interests of the copyright owner and the user should be balanced with a reasonable damage calculation. A basic premise of intellectual property system is that various rights granted to creators as an incentive to produce intellectual property must be carefully balanced with the rights retained by the public. This study suggests method to estimate reasonable damages in SW infringement. This paper adapts the copyright misuse doctrine in relation with antitrust law. Blanket license and package license may be treated illegal in SW license. Among the themes of this field, excessive damages may equal to be a refusal to license. To calculate the fair damages amount, we should consider the discriminatory policy, reasonable royalties, SW technical value, the presence of alternative technology, royalty contract with third party. Software infringement damage should be calculated fair, concrete and reasonable amount.

스마트폰 컨텐츠의 상표등록요건에 대한 고찰 - Appstore 상표사건을 중심으로

최우령 충북대학교 법학전문대학원 법학연구소 2013 과학기술과 법 Vol.4 No.1

After the propagation of internet, smart phone is spreaded to people. The appearance of social changes brought by it caused the changes which couldn't be imagined in former days. With the changes, economic, social and legal issues of smart phone are increased. In relation to smart phone, there are also conflicts related to the eligibility of trademark registration of application, such as decision of trademark registration refusal, including the judgement of American and European courts, for the registration of AppStore trademark, suggested by Apple in addition to the conflicts related to patent, design and copyright. In the issue related to the eligibility of trademark of Apple's AppStore, Apple's insist was not accepted because there was no eligibility of trademark registration for the Apple's insist to request to registrate trademark. Now, the registration of"App Store" trademark is refused because the trademark is domestically descriptive marks. And, in America, Europe, etc, there is a conflict of trademark right because it's the common name. Generally, discrimination is necessary to be registrated as trademark and common name or descriptive mark is considered not to have discrimination. When many people generally talked about where they download App, users of iPhone think it as'App Store' and users of smart phone based on Android system think it as'play store'. And then, it can be considered to show discrimination by using, so even descriptive mark can be recognized as trademark. So, there is a possibility that the result can be changed.

Necessity for Establishing a New International Space Agency related to Moon & Mars Exploration and Legal Problems on the Moon Agreement

Kim, Doohwan 충북대학교 법학전문대학원 법학연구소 2017 과학기술과 법 Vol.8 No.1

본문 참고

가짜뉴스의 규율방법에 대한 법적 고찰

한갑운, 윤종민 충북대학교 법학전문대학원 법학연구소 2017 과학기술과 법 Vol.8 No.1

본문 참고

2013년 특허법 개정안에 대한 검토 및 제언

김동준 충북대학교 법학전문대학원 법학연구소 2013 과학기술과 법 Vol.4 No.1

In March 2013, Korean Intellectual Property Office (KIPO) called for comments on proposed amendments to Patent Act. The draft amendments include the following: First of all, the filing date of a patent application shall be the date on which a description of the invention, even without claims, is received in the Patent Office. Furthermore, for the purposes of the filing date, an application may be filed in a designated foreign language, that is English for the time being. Next, the amendments include changes to patent trials. A trail for post-grant amendments shall not be requested where a trial for invalidation of post-grant amendments is pending before the Intellectual Property Tribunal. A trail for invalidation of post-grant amendments may be requested to nullify post-grant amendments made during a previous trail for invalidation of post-grant amendments. Where a patent ("the second patent") cannot be exploited without infringing another patent ("the first patent"), a non-exclusive licensee of the second patent shall not request a trail for the grant of non-exclusive license to practice the first patent. Finally, terms and phrases have been changed for easy understanding. The draft provisions regarding the filing date reflect international trends and are necessary steps for accession to the Patent Law Treaty (PLT). However, the provisions adopt a little bit different approach from those of European Patent Convention and the Japanese Patent Act, regarding how to deal with translations of foreign language applications. Since foreign language applications are new to the Patent Act, we need to scrutinize relevant provisions considering the practices of European Patent Office (EPO) and Japanese Patent Office (JPO). The revisions regarding patent trials are not good ideas. A trail for invalidation of post-grant amendments should be abrogated because it is one of the reasons for prolonged patent disputes. Rather, it should be a part of a invalidation trial of patent. In addition, a non-exclusive licensee of the second patent needs to be able to request a trail for the grant of non-exclusive license to practice the first patent. Finally, terms and phrases should be changed consistently throughout the Patent Act for easy understanding.

Ownership in Intellectual Property and Technology Licensing Regarding University - Enterprise Cooperation in China

Tang Yujuan 충북대학교 법학전문대학원 법학연구소 2013 과학기술과 법 Vol.4 No.2

Chinese Legal System is a kind of continental legal system, which means things relating to rights protection and duties performance shall be provided by the law. In China, there are more than 10,000 laws, regulations and judicial interpretations, which are implemented everyday by the administrative agencies, the courts, the police and other judicial organs. Laws are made by the legislature- the people's congress of China, while regulations are made by the central government, the central departments, the local governments and their administration agencies. Interpretations are made by the Supreme Court, the Supreme Procuratorate,16) the Ministry of Public Security and so on. In China, the legislation system is very complicated, it's much more complicated than the law system itself. This paper made an introduction of the university-enterprise cooperation in China, the legal provisions on Intellectual Property ownership and benefit concerning technology licensing regarding university-enterprise cooperation. It also pointed out a balance on economic interests between the parties engaged in the cooperation is needed.

Introduction of Technologies of University : Legal Problems, Copyright and Management Mechanisms

Tirsky Maxim Gennadevich 충북대학교 법학전문대학원 법학연구소 2013 과학기술과 법 Vol.4 No.2

In article legal mechanisms of a transfer of technologies in the legislation of the Russian Federation and the foreign states are considered. Problems of efficiency of these transfers are defined. New solutions for interaction of Universities and the enterprises are proposed.

日本の産学連携と大学発ベンチャー創出―現状と制度

渡部俊也 충북대학교 법학전문대학원 법학연구소 2013 과학기술과 법 Vol.4 No.2

In this paper, current status and legal framework of"University Industry Cooperation", especially startups development from university in Japan is described. University-industry technology transfer, business that deals with the transfer of university-held technology to industry, has been started by US universities after the Bayh Dole Act (1980) which is often considered as a landmark in university patenting. In Japan, it was in 1998 that the"Law to Promote the Transferring of Technology from Universities and Others" (Technology Transfer Promotion Law) was first enacted, and thereupon, many technology transfer institutions were established to market the university technologies based on their demand and supply. Also in 2004, Japanese national universities have been incorporated and obtained independent legal status. Therefore, current system of Japanese university industry cooperation is based on deals by their organizational managements. As for startups from university, Hiranuma Plan (2000) has been launched to aim to encourage university reform and the creation of"1,000 venture firms, originating in Universities" through a strategy of transferring technology from academia to industry. In fact, the numbers of startups since this plan are impressive and generated more than 1800 venture startups. In this paper, such status of current collaboration activities and the relevant legal framework will be shown in order to understand the comprehensive legal system to encourage university industry cooperation from the viewpoint of innovation strategy.

기술발전에 대응한 DTC 유전자검사 법제의 개선방향

박대웅, 류화신 충북대학교 법학전문대학원 법학연구소 2008 과학기술과 법 Vol.10 No.2

Lower costs of genetic testing, social interest and high added value for genes, and increased awareness of right to informational self-determination are driving DTC genetic testing. However, the problems inherent in the genetic test, such as difficulty in interpretation and risk of leakage of results, and the additional problems of the DTC genetic testing such as expanding the items to be tested, the securing of procedural safety, and the protection of personal information in commercial use need to be considered. Korea permits DTC genetic testing centered on wellness and is attempting to expand testing items to certification pilot projects and regulatory sandboxes. Global bans don't match the trends of the times, and countries that allow them entirely recognize the need for some level of regulation. In this situation, we need to pay attention to the case of the US, which is gradually expanding the items of the DTC genetic testing based on scientific evidence. Based on these discussions, this paper derives a direction to improve the legislation on DTC genetic testing. Efforts should be made to escalate the test items on a scientific basis, to supplement the genetic counseling process, and to minimize regulatory differences between countries. In order to guarantee the right to informational self-determination, individuals should be given the right to manage their own genetic information. The state needs to focus on establishing a system for the protection of sensitive personal information, the genetic information, and for the correct interpretation of test results. When the legislation is complete and the general citizens' awareness of genetic testing improves, DTC genetic testing can be used universally as a means of healthy living.