IP

Contribution of piracy to the purchase of copyrighted contents

Piracy is a political term used to label to every unauthorized use of copyrighted content as “illegal looting,” and to justify strengthened copyright enforcement . The copyright industries, including MPAA, BSA and IFPI, have estimated huge economic harms caused by piracy. Yet some literature show piracy having a positive effect on legal purchases of cultural …

South Korean President has to act as what he claimed at the WHA 73

The following statement was released on June 3, 2012 by tens of civil society organizations including Knowledge Commune. On May 29, 2020, the World Health Organization called governments, non-governmental organizations, scientists, researchers, and civil societies for a solidarity to action for equitable global access to COVID-19 health technologies. We endorse and welcome the WHO’s Solidarity …

COVID-19 and Knowledge Commons

According to the incentive theory of intellectual property law, an exclusive right granted to intellectual property stimulates further innovation and creativity. In the face of COVID-19 crisis, we don’t have therapeutic and vaccine. Rapid innovation in responding COVID-19 is more urgent than ever.  Then, we have to grant, in accordance with the incentive theory, greater …

COVID-19 and Open Access

The spread of Coronavirus was discovered by collaborations of researchers not by researchers’ competition or race to monopoly right. Unlike intellectual property rights on health technologies, copyrighted materials which are related to COVID-19 have been widely and voluntarily shared. This open access movement is expanded to other materials such as online educational materials and distance …

Reforming proposals for the existing patent-approval linkage system

Abstract In order to implement the Korea-US FTA, the drug approval-patent linking system was introduced in the Pharmaceutical Affairs Act on March 15, 2015. Five-years implementation experience has provoked discussion for reforming the linkage system, and the government-led discussion focuses on procedural reform and the problems revealed in the operation of the system. However, since …

Are purposes of the patent-approval linkage system achieved?

The linkage between patent status and drug approval process consists of two elements: notification and prohibition. The notification element refers to a mechanism in which a patentee is notified of the application of marketing approval of a generic product. The prohibition element refers to a mechanism in which a marketing approval of a generic product …

A task of copyright law for the protection of creative labor

Abstract If the paradoxical reality that copyright system which is supposed to protect individual creators serves to exploit creative labor is left unattended, the copyright system is hard to sustain. In order to alleviate the exploitation of creative labor, we need to revise the existing Copyright Act to codify measures warranting fairness rather than freedom …

Copyright L&E for nonprofit performance of music, found constitutional

The Constitutional Court of Korea upheld Art. 29(2) of the Copyright Act as constitutional (2016HunMa1115 & 2019HunGa18, November 28, 2019). The Art. 29(2) permits a public performance of commercial phonograms and audiovisual works if no profit is received in return from audience, excepting cases as prescribed by the Presidential Decree. This provision has long been …