The Semiconductor Chip Protection Act and Its Impact on the International Protection of Chip Designs

The United States Semiconductor Chip Protection Act of 1984 (“SCPA”\u27) has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”\u27), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”\u27) and the General Agreement on Tariffs and Trade (“GATT”\u27) to establish an international standard of chip protection. The result has been the general recognition of a valuable, protectable property right in chip designs. This article will analyze how the SCPA, despite its relatively short history, has achieved success as a catalyst for international chip protection, and will examine foreign and multilateral chip protection legislation that was influenced by the SCPA

Korea\u27s Patent Policy and Its Impact on Economic Development: A Model for Emerging Countries?

The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of Korean Intellectual Property Office (KIPO). Part II will take a brief look at the rationale underpinning Korea\u27s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. In order to provide a basis of comparison, reference will be made wherever applicable to similar or divergent provisions in the United States Patent Act. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, which focuses national attention on the promotion of patentable technology and provides a system of compensation for employee inventors. Part IV of the paper will turn to the activities of KIPO and its sister agencies. Part V will examine the impact that Korean patent policy has had on Korean economic growth as well as on Korea\u27s place in the world patent community. It will posit that the Korean recipe for success--the main ingredients of which are a strong law, an active patent office with a broad mandate, and a commitment to using the patent system to build capacity--is a transferable one, and it will therefore suggest that Korean policy may be well suited to serve as a model for other emerging countries wishing to use patents to promote economic development

Using Patents to Protect Traditional Knowledge

The role that intellectual property can play in the protection of traditional knowledge (TK) has been on the international agenda for more than ten years, with little to show for it. For example, the World Intellectual Property Organization (WIPO) has provided a forum for international policy debate on the subject since 1998, and the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has held meetings on draft provisions for the protection of TK against misappropriation and misuse since 2001. Similarly, since 1999 the World Trade Organization (WTO) has been examining the most effective means to deal with the commercial use of TK when that knowledge is the subject of patent applications. Years of effort have produced few tangible results. While there has been little movement internationally, several nations, particularly developing ones, have attempted to provide a measure of protection for TK at the national or regional level. As international discussions drag on, pressure will likely increase for countries rich in TK to seek recourse in national or regional solutions. Prominent among those solutions will be the use of patent law. This article will review the benefits, shortcomings, and challenges of using patents to protect TK and survey some of the efforts that have been undertaken so far

Using Patents to Protect Traditional Knowledge

The role that intellectual property can play in the protection of traditional knowledge (TK) has been on the international agenda for more than ten years, with little to show for it. For example, the World Intellectual Property Organization (WIPO) has provided a forum for international policy debate on the subject since 1998, and the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has held meetings on draft provisions for the protection of TK against misappropriation and misuse since 2001. Similarly, since 1999 the World Trade Organization (WTO) has been examining the most effective means to deal with the commercial use of TK when that knowledge is the subject of patent applications. Years of effort have produced few tangible results. While there has been little movement internationally, several nations, particularly developing ones, have attempted to provide a measure of protection for TK at the national or regional level. As international discussions drag on, pressure will likely increase for countries rich in TK to seek recourse in national or regional solutions. Prominent among those solutions will be the use of patent law. This article will review the benefits, shortcomings, and challenges of using patents to protect TK and survey some of the efforts that have been undertaken so far

The Patent Cooperation Treaty: At the Center of the International Patent System

In view of the fact that the PCT is composed of almost 130 countries and that more than 100 national and regional patent offices, as well as WIPO itself, perform PCT functions, it is remarkable that the system operates so smoothly and continues to gain momentum. Perhaps the system’s greatest strength comes from the immense diversity of legal, linguistic, and national cultures that constitute the PCT. While the system has served to harmonize divergent practices, it has also been obliged to accommodate to the sometimes inflexible peculiarities of national law and procedure. The PCT’s ability to strike a balance between the two has proven to be one of the system’s greatest accomplishments. As the PCT looks to the future, it is also one of its most daunting challenges

Using Patents to Protect Traditional Knowledge

The role that intellectual property can play in the protection of traditional knowledge (TK) has been on the international agenda for more than ten years, with little to show for it. For example, the World Intellectual Property Organization (WIPO) has provided a forum for international policy debate on the subject since 1998, and the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has held meetings on draft provisions for the protection of TK against misappropriation and misuse since 2001. Similarly, since 1999 the World Trade Organization (WTO) has been examining the most effective means to deal with the commercial use of TK when that knowledge is the subject of patent applications. Years of effort have produced few tangible results

Korea\u27s Patent Policy and Its Impact on Economic Development: A Model for Emerging Countries?

The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of KIPO. Part II will take a brief look at the rationale underpinning Korea’s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, which focuses national attention on the promotion of patentable technology and provides a system of compensation for employee inventors. Part IV of the paper will turn to the activities of KIPO and its sister agencies. Part V will examine the impact that Korean patent policy has had on Korean economic growth as well as on Korea’s place in the world patent community. It will posit that the Korean recipe for success—the main ingredients of which are a strong law, an active patent office with a broad mandate, and a commitment to using the patent system to build capacity—is a transferable one, and it will therefore suggest that Korean policy may be well suited to serve as a model for other emerging countries wishing to use patents to promote economic development