ip licensing agreements in the republic of korea PDF
Preview ip licensing agreements in the republic of korea
INTELLECTUAL PROPERTY RIGHTS DESK Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy I.P. LICENSING AGREEMENTS IN THE REPUBLIC OF KOREA Intellectual Property Rights Desk Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy I.P. LICENSING AGREEMENTS IN THE REPUBLIC OF KOREA Italian Intellectual Property Rights DESK Intellectual Property Rights Desk Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy INDEX 1. Overview·····································································································1 2. Increase in trade of intangible assets and importance of licensing ···········2 2-1. What is an intangible asset?·······························································2 2-2. What is licensing?···············································································5 2-3. What are the procedures of licensing?···············································6 2-4. Why is licensing important?································································9 2-5. Korean laws and regulations on licensing ··········································9 (1) The Foreign Investment Promotion Act·········································10 (2) The Monopoly Regulation and Fair Trade Act·······························10 (3) The Restriction of Special Taxation Act ·········································18 (4) The Double Tax Avoidance Agreement between Italy and Korea 19 (5) Miscellaneous ················································································20 3. Patent License··························································································20 3-1. What is a patent?··············································································20 3-2. What is a patent license?··································································21 3-3. What are the major issues in a patent license agreement? ·············24 4. Utility Model License·················································································28 4-1. What is a utility model?·····································································28 4-2. What is a utility model license?·························································28 4-3. What are the major issues in a utility model license agreement?····28 5. Design License ·························································································30 5-1. What is a design?··············································································30 5-2. What is a design license?·································································30 Intellectual Property Rights Desk Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy 5-3. What are the major issues in a design license agreement?·············30 6. Trademark License···················································································30 6-1. What is a trademark?········································································30 6-2. What is a trademark license?····························································31 6-3. What are the major issues in a trademark license agreement?·······31 7. Copyright License·····················································································34 7-1. What is a copyright?··········································································34 7-2. What is a copyright license?·····························································34 7-3. What are the major issues in a copyright license agreement?·········35 8. Know-how License····················································································36 8-1. What is know-how?···········································································36 8-2. What is a know-how license?····························································36 8-3. What are the major issues in a know-how license agreement?·······37 9. Model forms of licensing agreement (L.A.)···············································39 APPENDIX····································································································41 Patent L.A.································································································43 Design L.A.·······························································································55 Trademark L.A. ························································································64 Copyright L.A. ··························································································75 Know-how L.A.·························································································83 Intellectual Property Rights Desk Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy Introduzione La Proprietà Intellettuale è il diritto di proprietà su un bene immateriale, ovvero il diritto esclusivo di sfruttamento economico di un’invenzione. Più semplicemente, il diritto di paternità di un’idea, di un’invenzione, come pure di un processo produttivo innovativo ed originale e, con esso, il diritto ad essere protetti e salvaguardati da eventuali imitazioni. Allo stesso tempo, un diritto di Proprietà Intellettuale ed Industriale può essere concesso in uso, ad esempio, attraverso licensing agreements ovvero per mezzo di appositi accordi di licenza che, se da un lato tutelano e mantengono inalterata la sfera dei diritti del titolare (licensor), dall’altro disciplinano l’utilizzo del titolo da parte di un terzo legalmente autorizzato (licensee). La pubblicazione sulle diverse tipologie di accordi di licenza nella Repubblica di Corea è nata dal desiderio, da parte del Desk di assistenza alle imprese italiane per la tutela dei diritti di Proprietà Intellettuale presso l’Ufficio ICE di Seoul, di fornire a tutti i soggetti potenzialmente interessati uno strumento pratico, auspicabilmente utile, di indagine e di approfondimento. Ovverosia, mettere a disposizione del lettore (non solo italiano), attraverso l’uso di una lingua veicolare come l’inglese, il quadro normativo di riferimento vigente a livello di disposizioni legislative e regolamentari in Corea, accompagnato da alcuni esempi pratici di veri e propri modelli di accordo di licenza. Con queste finalità, il Desk ha scambiato informazioni utilissime e si è avvalso della stretta collaborazione dell’Avv. Rana Lee e del Dr. James I Intellectual Property Rights Desk Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy Huh, rispettivamente presidente e vice-presidente dello studio legale EZ International Patent & Trademark Law Office, che – assieme alla patent attorney Jeany Kim – hanno fornito il loro prezioso contributo, in particolare, nella ricostruzione normativa e nella evoluzione legislativa nazionale in materia. Soprattutto, l’idea di elaborare un rapporto sull’argomento è nata all’interno del Desk dalla precipua esigenza di porre le imprese italiane, interessate ad un mercato dalle elevate potenzialità come quello coreano, in condizione di utilizzare uno strumento agile e veloce, al tempo stesso arricchito da alcuni modelli di accordo di licenza, concretamente fruibili dalle aziende italiane, comunque e sempre adattabili, caso per caso e con i dovuti accorgimenti, attraverso l’immancabile supporto di uno studio legale di riferimento. ------------------------------ Ci auguriamo, pertanto, che il lettore possa trovare all’interno di questo rapporto utili spunti di riflessione per ulteriori approfondimenti ed eventuali applicazioni pratiche che ritenga opportuno compiere, sempre con il supporto imprescindibile del proprio legale di fiducia, in una materia dalle molteplici sfaccettature e di così grande attualità. Desk per la Tutela dei Diritti di Proprietà Intellettuale Ufficio ICE di Seoul II Intellectual Property Rights Desk Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy 1. Overview The modern society is changing from an industrial society dependent on material resources to an information society based on knowledge. Developments in communication technology are making it easier and cheaper to process information. As a result, an enormous amount of knowledge is shared by the members of the society, allowing the knowledge to spread at a rapid pace. In addition to such developments in communication, advances in transportation, increased competition between international markets, etc., have caused a rapid trend of globalization towards a modern society of time-space compression. In the knowledge-information society, brought on by the trends of post- industrialism, advances in communication technology, globalization, etc., anyone can easily access knowledge e and information, and thus anyone can also easily imitate somebody else’s business. Consequently, in business areas based on knowledge, the previous barriers to entering the business have collapsed, so that the competition has become much more intense. To collect wealth in today’s times of such intense competition, it is necessary to obtain and possess intangible assets that are difficult to reproduce, and to develop the ability to skillfully manage such assets. In the past, companies obtained intangible assets using in-house development, and tended not to open the assets to the public. In the knowledge-information society, however, developments in technology occur at a rapid pace, and technology itself has become more varied and specialized, having shorter lifecycles than ever before. As a result, many 1 Intellectual Property Rights Desk Italian Trade Commission - Seoul Office Trade Promotion Section of the Italian Embassy of today’s companies utilize licensing, as a means of obtaining intangible assets while reducing research and development costs and lowering the risk of investing in unpredictable situations. Furthermore, many companies also license out their assets to gather royalties and thus increase their competitiveness. 2. Increase in trade of intangible assets and importance of licensing 2-1. What is an intangible asset? (1) Meaning An intangible asset is an asset that has no form, as opposed to tangible assets such as machinery, buildings, cash, etc. While it may not have an actual physical form, owning an intangible asset can be expected to provide business benefits in the future. (2) Types Intangible assets encompass a broad concept, including not only measurable items, such as intellectual property rights (copyrights, trademark rights, patent rights, design rights, etc.), business rights, 2
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