초록 일부
With the knowledge-based society fast approaching, the role of Intellectual property rights is becoming more important in the intensive global marketplace. It is important that a venture business ...
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초록 전체
With the knowledge-based society fast approaching, the role of Intellectual property rights is becoming more important in the intensive global marketplace. It is important that a venture business as well as a small and medium
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* A thesis submitted to the committee of Graduate School, Chungnam National University in partial fulfillment of the requirements for the degree of Master of Law Conferred in February 2001.
enterprise should gain intellectual property right for the purpose of gaining management resources the future. It is indispensable for the enterprise themself to make research and development. However, Unfortunately many difficult problem of the internal and external prevent the enterprise from making research and development. A number of the enterprise mostly take advantage of license of intellectual property rights for the purpose of strengthening international competitiveness.
An object of this study is to provide a licensor or licensee with a fair opportunity to grant or use various licenses under the circumstances which Intellectual Property Laws match with the Fair Trade Law. Intellectual property rights are variable, namely, patent, industrial design, trademark, copyright and knowhow and so on. But the study of this thesis focused on patent licensing.
This thesis is composed of five. A content of this thesis is as follows,
Chapter 2 examines with regard to an abstract of intellectual property licensing ①Concept and peculiarity of intellectual property licensing ②Purpose and legal character of intellectual property licensing ③Pattern of intellectual property licensing-patent licensing, knowhow licensing, trademark licensing, copyright licensing.
Chapter 3 studies legal restriction of intellectual property licensing in international organization and foreign countries and Korea.
Chapter 4 reviews problems arising from the application of the Antitrust Law to the patent-related behaviors. First, studies a theory of relations of intellectual property and the Antitrust Law in Japan and America. Chapter 4 also studies the application of antitrust law to intellectual property licensing. In connection with use of intellectual property, the patent pool, and the typical major restraints on intellectual property licensing agreements are also studied to show what relations they have with the Antitrust Law.
Chapter 5 the conclusion has attempted to present the desirable measure in legal restriction of intellectual property licensing.
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