This article analyzes technological competitiveness of Korea in light of recent patent infringements between international and U. S. patents, and describes a reform of the U. S. patent law. Next, the U. S.’s pro-patent policy and 21st century intellectual property strategies which are having a large effect on Korean enterprises are examined. In addition, the legal opportunity to revise the patent law with the implementation of the Korea-U. S. FTA is scrutinized.
After the taking effect of the WTO/TRIPs treaty on January 1st, 1995, trade and intellectual property became even more closely connected than before. When products and services are transported between countries, the intellectual property rights also are moved and consequently it is possible for there to arise intellectual property right conflicts between trade partners. The United States, which leads the globalization of intellectual property rights, has been implementing a pro-patent policy since the 1980s, and it is forecasted that the U. S. will continue to keep the pro-patent policy focused on the protection of intellectual rights because patents are critical to the U. S. economy and it is advantageous to U. S. economy policy to protect various intellectual property rights, such as important new drugs or the newest software technology.
The strategy of the U. S.’s approach to intellectual property in the 21st century is focused on optimizing patent quality, trademark quality and their processing time; in addition, it seeks to internationally protect and strengthen intellectual property. When the revised patent law signed by the U. S. president takes effect on September 16th, 2011, the U. S. is going to bring an end to its long-standing policy of abiding by the first to invent rule and will employ the first to file rule.
Not only the U. S. but also the European developed countries, China and Japan are aggressively promoting policies that protect intellectual rights in order to meet the demands of the global economy. In particular, the pro-patent policy of the U. S. and the revised patent law are able to change the global environment of intellectual property rights and also directly affect Korean enterprises operating in the U. S. It is necessary to stay focused on protecting intellectual property rights and managing them in order to leverage the technical ability of Korean enterprises in the global market. To effectively cope with the aggressive patents of U. S. enterprises, it is required to secure expertise in patent lawsuits and establish an advanced dispute settlement system that promotes an expeditious trial process.
In addition, it is necessary to understand the revised U. S. patent law and intellectual property policy. Based on this study of U. S. intellectual property policy, Korean enterprises should put a great deal of effort into preparing effective methods for dealing with patent infringement suits with U. S. enterprises.