KCAB’s Arbitration of U.S. Patent Exhaustion Disputes Over Artificial Intelligence and Internet of Things Technologies
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
Technological innovations can be protected by patents, and patent applications are filed in various patent offices around the world including the United States Patent and Trademark Office (USPTO). Recently, the U.S. exportation of artificial intelligence and internet of things patents in the form of foreign sales of articles embodying U.S. patents and international technology licenses has grown substantially. However, due to the U.S. Supreme Court’s Lexmark decision reconfirming an international patent exhaustion doctrine, the asian or korean importers importing such U.S. goods embodying U.S. patents do not have to worry about patent infringement liability, even when they try to resell the patented goods to the third parties. KCAB can play a substantial role in resolving such patent disputes due to qualified expert arbitrators and the International Rules of KCAB which ensure impartiality and independence of the arbitrators.
Abstract
Technological innovations can be protected by patents, and patent applications are filed in various patent offices around the world including the United States Patent and Trademark Office (USPTO). Recently, the U.S. exportation of artificial intelligence and internet of things patents in the form of foreign sales of articles embodying U.S. patents and international technology licenses has grown substantially. However, due to the U.S. Supreme Court’s Lexmark decision reconfirming an international patent exhaustion doctrine, the asian or korean importers importing such U.S. goods embodying U.S. patents do not have to worry about patent infringement liability, even when they try to resell the patented goods to the third parties. KCAB can play a substantial role in resolving such patent disputes due to qualified expert arbitrators and the International Rules of KCAB which ensure impartiality and independence of the arbitrators.
참고문헌 (16)
- Bender, Jr., "Arbitration - An Ideal Way to Resolve High-Tech Industry Disputes", Dispute Resolution Journal, 65, pp.44~ (2011)
- "The Internet of Things" (2013)[URL]
- Ghafele, Roya, "What Young Innovative Companies Want: Formulating Bottom-Up Patent Policy For the Internet of Things", NYU Journal of Intellectual Property and Entertainment Law, 7, pp.85~ (2017)
- Holt, L. Tyrone, "Whither Arbitration? What Can Be Done to Improve Arbitration and Keep Out Litigation’s Ill Effects", DePaul Bus. & Com. L.J, 7(3), pp.455~ (2009)
- Kemp, Richard, "Legal Aspects of Artificial Intelligence", Cyberspace Lawyer, 22, pp.2~ (2017)
- Kim, Dookyu, "Intellectual Property in the Fourth Industrial Revolution Era", les Nouvelles, 53, pp.20~ (2017)
- 김갑유, "The Procedural Benefits of Arbitrating Patent Disputes", 중재연구, 26(3), pp.51~66 (2016), 한국중재학회[DOI]
- 이주연, "Identifying Effective Dispute Resolution Mechanisms for Intellectual Property Disputes in the International Context", 중재연구, 25(3), pp.155~184 (2015), 한국중재학회[DOI]
- "The Internet of Things: Patent Landscape Analysis" (2014)[URL]
- Robinson, W. Keith, "Patent Law Challenges For the Internet of Things", Wake Forest Journal of Business and Intellectual Property Law, 15, pp.655~ (2015)
- Robinson, W. Keith, "Emerging Technologies Challenging Current Legal Paradigms", Minnesota Journal of Law, Science & Technology, 19, pp.355~ (2018)
- "Microsoft’s newest milestone? World’s lowest error rate in speech recognition" (2016)[URL]
- "Impression Prods. v. Lexmark Int’l, Inc., 137 S.Ct 546", ~ (2016)
- "Korean Patent Court 2009.12.18. 2008Hur13299", ~ (2009)
- "Quanta Computers, Inc. v. LG Elecs., Inc., 553 U.S. 618", ~ (2008)
