公共部門의 技術移轉 活性化를 위한 法制的 硏究

장은익 한국지식재산학회 2003 産業財産權 Vol.- No.13

This study focused on the legal considerations for developing systematic mechanism to enhance the applicable level of commercialization for the technologies which were developed by public financial supports. Actually, according to related reports, it was shown that the success rate of commercialization amounted to below 10% in terms of public research and development performances which were acquired by governmental institutes, universities and national and public research institutes. In political, technical and industrial viewpoints, this study basically described the technology transfer for research and development business operated in public sectors so as to develop systematic mechanism for improving low commercialization as described above. The study also examined legislative examples related to the technology transfer of each country in terms of comparative law, and presented our legal system as well as the reasonable legislative solutions so as to activate public technology transfer. The methods of the study can be described as follows: First, research literatures and reports are examined and arranged, which have been published so far. Those materials are also summarized on the basis of related data or informations which are submitted to various public institutes as well as summary questionnaire and the experience in technology transfer. Furthermore, the materials are used as a basic data for analyzing our legal system by examining laws and regulations related to technology transfer in foreign countries in terms of comparative law. The scope and content of this study can be classified into 3 sections: ⅰ) Generality for public technology transfer; ⅱ) legislative examples from each country in terms of public technology transfer; ⅲ) legal system and remedial direction for public technology transfer in Korea. Finally, the remedial direction for legislation to facilitate public technology transfer can be summarized into 5 sections as follows: Firstly, in terms of legal arrangement related to technology transfer. Secondly, in terms of research and development business. Thirdly, in terms of the support system for public technology transfer. Fourthly, in terms of the management system for public technology transfer. Finally, in terms of the right to execute the public technology transfer.

EU 경쟁법상 IP License에 대한 獨占規制 政策 小考

장은익 한국지식재산학회 2006 産業財産權 Vol.- No.19

EC Treaty is based on two principles of free trade and undistorted competition. Free trade is protected by the free trade regulations of commercial products or services. Undistorted competition is protected by the competition principle of agreements prescribed from the Article 81 to Article 89. Article 81 and Article 82 among the principles about competition of communities are the most core of competition laws. The Article 81 is a regulation about prohibition of competition limiting behavior and the Article 82 is a regulation which prohibits abuse of overriding position. Both Articles has a important meaning. Therefore, the Article 81 and the Article 82 of EC competition laws! and their relationships regarding the patent property rights are reviewed. Regarding the transfer of the patent property rights! the new block exemption regulation 772/2004' is applied to the technology transfer agreements involving patents! know- hews or software copyrights (EC Regulation). On the same date the Commission also released a guide that provides advice for applying the new block exemption and for evaluating the antitrust risks of licensing agreements that fall outside the scope of the new Regulation. The new EC Regulation and the accompanying EC guidelines develop an analytical framework that is similar to the framework described in the US. Antitrust Guidelines for the Licensing of Intellectual Property (US. Guidelines). Despite the many similarities in the US and EU policy documents for the antitrust review of technology licensing agreements, there are important differences that should be noted by anyone involved in technology licensing in the United States and in the European Union. The US Guidelines focus on possible harm to inter-technology competition from licensing arrangements. The EC Regulation and Guidelines express concerns about loss of intra-technology competition as well as inter-technology competition. Despite these differences, which stem from contrasting principles in EU and US. antitrust laws, the new EC Regulation and Guidelines are a quantum leap toward a globally consistent approach to antitrust policy for technology licensing.

미국에서의 선발명자 항변에 관한 연구

장은익(Chang, Eun-Ik) 한국산학기술학회 2006 한국산학기술학회논문지 Vol.7 No.6

현재 한국-미국 자유무역협정(FTA) 협심에 진행되고 있고 한미 FTA 협상에는 지적재산권분야도 포함되어 있다. 현재까지 한-미 FTA 협상 지적재산권 분야 특히 특허분야 쟁점사항으로는 특허발명의 강제실시 제한 등이 있다. 미국은 이러한 협상을 통하여 미국 기업의 이익을 보호하기 위해서 미국 수준의 지적재산권 보호를 한국에 강요하고 있고, 앞으로도 특허분야에서 특허침해에 대한 공세가 상당히 강화될 것으로 예상된다. 이에 대한 대비 중 하나로서 미국의 선발명자 항변에 대하여 현재의 법령 및 개정법령에 대한 이해 및 우리나라 선발명자가 미국의 선발명자 항변권을 얻기 위한 대응전략에 대한 연구가 필요하다고 본다. 특허 법체계하에서는 선등록주의를 채택하고 있는 국가나 선발명주의를 채택하고 있는 국가나 일정한 제한조건하에서 선사용자에게 후 발명(후출원)자에 의한 특허가 등록이 되어도 계속하여 특허된 발명을 사용할 권리를 부여하고 있다. 통상적으로는 선발명자의 항변은 선등록주의를 채택하고 있는 나라에서 선등록주의의 약점을 보완하기 위해 채택한 제도로서 활용되고 있다. 미국 특허법은 선발명주의를 채택하고 있음도 불구하고 선발명자 항변을 인정하고 있다. 따라서 미국이 동 제도를 채택하게 된 배경, 인정되는 권리의 범위 및 통 제도의 2005년도 미국 특허법 개정(안)을 살펴보고 우리나라 선발명자가 미국의 선발명자 항변권을 얻기 위한 우리나라 특허법내에서의 대응전략 및 연구현장에서의 대응전략을 모색하는 것은 우리나라 기업들이 미국의 특허법체계하에서 진행 되는 각종 공세를 대비하기 위한 사전 대비책에 시사점을 제시해주리라 생각한다. The successive round of talks on Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, the one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as to understand the current Korea’s patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

양막대증후군 1 례

장은익(EI Jang),이민정(MJ Lee),이성원(SW Lee),양동윤(DY Yang),박기수(KS Park) 대한산부인과학회 1994 Obstetrics & Gynecology Science Vol.37 No.1

The amniotic band syndrome is thought to be caused by rupture of the amnion, leading to subsequent entanglement of fetal parts by the chorion and is a relatively common cause of defects involving the fetal abdominal wall and trunk, limbs, and craniofacial regions. It has been suggested that the earlier the insult occurs, the more severe the lesion. The mechanism of amnion repture is unknown, and it is not believed to recur in future pregnancies. A case of severe congenital anomaly due to amniotic bands diagnosed by ultrasonogram in the antenatal period is presented with a brief review of the literatures.

콘크리트 동결융해 저항성에 미치는 제설제의 영향성 평가 시험 방법 비교 연구

최윤석 ( Choi Yoon Suk ),장필성 ( Jang Pil Sung ),최재석 ( Choi Jae Seok ),김영근 ( Kim Young Geun ),양은익 ( Yang Eun Ik ) 한국구조물진단유지관리공학회 2014 한국구조물진단유지관리공학회 학술발표대회 논문집 Vol.18 No.2

브라운관(CRT) 유리를 잔골재로 대체한 모르타르 시험체의 전기비저항 특성

최윤석 ( Choi Yoon Suk ),장필성 ( Jang Pil Sung ),이원준 ( Lee Won Jun ),김일순 ( Kim Il Sun ),양은익 ( Yang Eun Ik ) 한국구조물진단유지관리공학회 2018 한국구조물진단유지관리공학회 학술발표대회 논문집 Vol.22 No.2

A large amount of CRT waste has been generated due to the interruption of analog broadcasting in 2012. In particular, CRT glass has been pointed out as a cause of environmental pollution because it contains a large amount of heavy metals such as lead for electromagnetic shielding. In this study, the electrical resistivity of mortar specimen using CRT waste glass as fine aggregate was measured to investigate the relationship between electrical resistivity and shielding characteristics.

자궁외임신의 임상적 고찰

이민정(MJ Lee),김연진(YJ Kim),장은익(EI Jang),박기수(KS Park) 대한산부인과학회 1993 Obstetrics & Gynecology Science Vol.36 No.6

This study is a clinical analysis of 104 ectopic pregnant patients who were admitted and treated at Department of Obstetrics and Gynecology, Dae Rim Saint Marys Hospital from January, 1, 1989 to December 31, 1991. The results obtained were as follows; 1. The incidence of ectopic pregnancy was 1 in 44.5 delivies (104/4627). 2. The most frequent age group was in 30~34 years of age, comparing 32.7%, 25~ 34 years of 61.5%. 3. Nullipara was 28.8% and the cases who experienced artificial abortion was 75.0%. 4. According to past history of illness, artificial abortion was in 75.0%, PID was in 22.1%, Laparoscopic tubal sterilization was 18.3% of total. 5. The most frequent interval between L.M.P. and the onset of symptoms was 8 weeks in 83.6%. 6. On symptomatological analysis, low abdominal pain was encountered in 93.2%, amenorrhea in 93.3%, vaginal spotting or bleeding in 75.0%. 7. In initial systolic blood pressure at hospital, under 70 mmHg was 5.7%, and over 110mmHg was 53.8%. 8. The laboratory studies in most cases were not significant. Hemoglobin value over 10.0mg% was 65.4% and below 7.0mg% was 2.9%. 9. Urine hCG test was positive in 97.9% and culdocentesis was positive in 91.9%. 10. Ectopic pregnancy was implanted on the fallopian tube in 88.4%, on the uterine cornus in 10.6%, on the broad ligment in 1.0%. 11. Intraabdominal hemorrhage below 1000cc in amount was 57.5%. 12. Most commonly used surgical procedure was salpingectomy (46.1%). 13. There was no fetal case in 104 ectopic pregnancy.