We are now living in an era of technology and information which is based on
cutting-edge technology and significance of intangible property is undeniable.
Despite its form, whether it is owned by an individual or a nation, the matter of
intellectual property protection is being more important as modern society develops.
At the same time, more and more attention is focused on exercise and protection
of intellectual property rights, eruption of conflict, and ways to solve conflicts.
Development of modern industry and high technology engaged with economic
profits between nations causes international conflicts related to intellectual property
rights. Main causes are technical differences between nations, gap of information
technology, dissimilarity in means of protecting intellectual properties, superiority
and inferiority of economic status, and etc. Moreover, in the aspect of international
commerce, efforts of maintaining and securing intellectual property in advanced
countries can be seen in intellectual property protection rights and foreign
restrictions. Therefore, conflicts related to intellectual properties between nations are
becoming more frequent. But as a means of resolving international conflicts, USA is
asserting one-sided protection of its intellectual property and exercising powerful
protection laws to secure higher position in its technology and economy over other nations. Especially, these actions are seriously influencing profits of other nations
because USA’s immense patent market, procedures of achieving patent, and conflict
resolution procedures are being applied to other foreign industries as well. At this
point of time when Korea’s economy and technology is developing, it is necessary
to act strongly against USA’s actions in order to secure advantageous position in
patent infringement litigation. Moreover, by understanding USA’s one-sided patent
infringement litigation procedures thoroughly, it might be possible for us to step
ahead in the era of severe patent competition.
Thus, in this lecture we will look deeper into characteristics of USA’s patent
infringement litigation so that the person who violated patent laws can stand in a
more advantageous position when conflicts related to patent infringement arise.
Also, by studying USA’s patent laws and judicial precedents, it might be helpful
to those who are in a status of patent infringement or potential litigations.