1. Concept and Types of Intellectual Property Rights
The font is protected by the Design Protection Act, one of the industrial property rights.
1) Subject to protection of industrial property rights
(1) Patent: Invention (a highly advanced creation of a technical idea using natural laws
(2) Utility model: Invention (a creation of a technical idea using natural laws)
(3) Design: Design (the shape, shape, color, or combination of an article, creating a sense of taste through sight)
(4) Trademark: Trademark (used to distinguish one’s own trademark from that of others)
2) Copyright
Subject of copyright protection is a literary work (creation expressed by human thoughts or emotions) and the protection period is the author's life span + 70 years after death.
3) New intellectual property rights
Computer programs, semiconductor integrated circuit design, trade secrets, genetic resources, traditional knowledge, etc.
2. Intellectual Property Rights Domestic and International Trends
1) Patent troll
A patent troll refers to a company that owns a patent but does not conduct but pursues profits through lawsuits or licenses, and is also called a non-practicing entity.
2) Patent pool
Refers to the aggregate of patent rights by multiple patent right holders or to an agreement or a group of patent rights entrusted to jointly manage the exercise of patent rights through a license agency period.
3) FRAND (Fair, Reasonable, and Non-discriminatory)
Patent Holders shall grant fair, reasonable and non-discriminatory licenses to third parties in accordance with FRAND provisions.
4) In 2013, the US revised the Patent Act from first-to-invent to first-to-file.
3. Basic principles of the patent system
1) How are trade secrets protected?
Although the Unfair Competition Prevention Act exists to protect trade secrets, it protects only in cases of illegal acquisition or unauthorized disclosure of trade secrets. Acquisition of trade secrets by reverse engineering is considered a legitimate act.
* Know-how (trade secret): refers to technical or managerial information useful for production methods, sales methods, and other business activities that are not publicly known but have independent economic value and kept secret through considerable effort. Non-disclosure, economic usefulness, and confidentiality are the requirements to qualify as trade secrets, and the types of trade secret acquisition include fraudulent acquisition and fraudulent disclosure.
2) Patent system
The basic principles of the Patent Act are rightsism, arrivalism, fee payment, one copy, one copy, examination, earlier application, revision and revision restriction, disclosure, registration, payment, and writing, stylisticism, Korean languageism, and the duration of the patent right is 20 years from the date of registration. In case of infringement, there are civil (claims for prohibition of infringement and prevention, claims for damages, claims for credit recovery, claims for unreasonable profits) and criminal (crimes of infringement of patent rights).
4. Purpose of Patent Act and Formality of Invention
A game method is not recognized as an invention because it violates the definition of invention under the Patent Act.
1) Purpose of the Patent Act
The Patent Act aims at both protection (substantial protection, procedural protection) and use (use by practice and use by disclosure) of an invention.
2) Conformity of invention
The requirement for an invention must be a technical idea with creativity and advancedness using the laws of nature. Examples of non-inventive invention include non-invention (the law of nature itself, violating the law of nature, not using the law of nature) and unfinished invention.
In case of violation of the constitutionality of invention, it is rejected as a violation of industrial applicability. If an incomplete invention is amended as a completed invention, it will be rejected as a violation of the prohibition on adding new items.
*I am a student learning IP, not an IP expert. Translation is also by Google translator and my own, insufficient English skills. I wanted to deliver the IP related contents in the perspectives of a student. I hope my blog helps people like me.
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