Publications

Critical study on patent infringements and presumption of negligence

Abstract Presumption of negligence in finding liability of patent infringements was introduced in the Korea Patent Act of 1974 by imitating the Japanese Patent Act amendment of 1959. Interestingly, the Japanese amendment was motivated by the UK Patent Act of 1949 which exempted the monetary liability of an innocent infringer. This was a misunderstanding of …

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 …

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 …

Problems of the Copyright Act as Amended to Implement Free Trade Agreements

Abstract This article delves into the Copyright Act as amended to implement the Korea-EU and the Korea-U.S. Free Trade Agreements and reveals inconsistency between them and several provisions of FTAs not being reflected into the Copyright Act. Further the U.S. Copyright Act and Criminal Act are reviewed to show how the U.S. fails to take …