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The current patent attorney system has many problems. The most crucial one is that lawyers can acquire patent attorney qualification only by registration as a patent attorney to the Korea Intellectual Property Office. Another problem is that patent attorneys cannot perform their legal rights to represent in the patent lawsuit. Still another problem is that patent attorneys are not guaranteed for their legal as well as technical capability in the test for patent attorney qualification. These issues should be examined and cured to develop the patent system as an incentive system to innovation in the knowledge society, in which the importance of intellectual property rights are very high.
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This article is to response to, the influences from the FTA, and the establishment of the law school system. The two great changes would cause much higher competition in the legal service market, and thus are assumed to bring many difficulties to the patent attorneys whose role is crucial to the sustainable development of the knowledge-based society. By analyzing the influences to the patent attorney system, this article makes the following three suggestions: (1) A specialist system of patent attorneys, which classifies the scopes of patent attorneys" specialty. This makes clients choose their agents in accordance with the character of their legal issues. This also improves the capability of patent attorneys in their specialty. (2) A reinforced specialist job education, which requires patent attorneys to study with the help of the Korea Patent Attorneys Association (KPAA) to maintain their capabilities to deal with new legal issues combined with the development of science and technology. (3) A qualification renewal system, which also requires patent attorneys to attend lectures prepared by KPAA and to pass a examination to renew their patent attorney qualification.
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Numerous companies have begun to adopt a variety of methodologies for fast andaccurate problem solving. Among them, six sigma, which is a statistical approach, was introduced, but thestatistical method, which requires obtaining results from many experiments, was difficult to apply to sites where production is the top priority. As an alternative, the theory of inventive problem solving (TRIZ), which has beenintroduced to the research institute and has a good effect, is being introduced for field problem solving. However, it was not easily distributed to engineers unfamiliar with the new methodology as they had difficulty in applying them to the field. In this paper, we studied a problem solving process that transformed TRIZ that can be applied to various problem situations. This problem-solving process was developed to provide a guide to quickly and easily analyze the cause and to present creative ideas using TRIZ. In addition, in order to spread this problem-solving process, it was developed as a creative problem-solving methodology that can be effectively utilized in industrial sites by combining the patent attorney system.
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Legal market opening is one part of globlalization of service and the globalization of services is closely related to other economic problems facing the world today. The world economy is now move interconnected than at any time in its history.There have been hot debate whether WTO and FTA is good for general welfare and for Korea. It, however, is impossible that Korea goes other direction against globalization movement. One of part of globalization, Korean and US government were started the negotiation on February 2, 2006, and concluded on April 1, 2007. The treaty was first signed on June 30, 2007,with a renegotiated version signed in early December 2010.Through long debate and renegation finally the KORUS FTA went into effect on March 15, 2012. A major part of the KORUS FTA is that it opens up the legal services market.There are tree steps of opening legla sercives in Korea. First,from March 15, 2012, U.S. firms can open up offices in Korea to advise on U.S. and international law, as well as arbitration.Second, two years later, U.S. firms can partner with Korean firms (profit sharing). Third, three years after that (five years from the effective date), U.S. firms can hire Korean attorneys directly. Legal market opening do not affect Korean patent attorney directly like other legal profession because of the exception of KORUS. Despite of benefit from FTA, current patent attorney or agent system has many problem. One of the problem is Korean patent attorney cannot perform their right to present client in the patent lawsuit. Korean patent attorney system and legal practice should be reformed and innovated according with global standard and practice.
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In this article, KOREA-EU FTA according to the attorney's role is to propose changes. To do this, first understanding the traditional role of the Attorney briefly summarized. And KOREA-EU FTA of the contents patents, utility models,designs, trademarks and other intellectual property rights agreement, examines for the area, this will have any impact on the role of patent attorneys were analyzed. Then KOREA-EU FTA agreements on information content of the law look at the market opening, it will have any impact on the role of patent analysis is presented.In conclusion, KOREA- EU FTA in the legal services market opening, but the intellectual property acquisition, loss or change for the purposes of legal cases on the Act, on the legal market opening excluded from the scope of the attorney the right directly not to affect. Thus KOREA- EU FTA vary greatly depending on the attorney's role is expected to be no bar.However, industrial property rights, including intellectual property rights through KOREA- EU FTA rather a shift toward the right was reinforced. Thus, patents, utility models, designs or trademarks, and those matters on behalf on issues such as counseling and emotional Patent Office to perform the role of the profession would be enhanced as generalizations can be expected. Meanwhile, KOREA- EU FTA, including the industrial property in the area of intellectual property rights and institutional change will entail, these institutional changes will inevitably lead to new demands. The KOREA-EU increase in trade will inevitably lead to new demand for intellectual property. Therefore, within this range that strengthens the role of attorney is expected to have an indirect effect. Thus, in KOREA-EU FTA on the new system, which requires in-depth understanding of Attorney, and the increase of interest in providing quality service to the attorney is required.
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This study briefly address the antagonism toward intellectual property rights and role of patent attorney in knowledge-based society, beginning with the merits of information libertarianism.The reasons behind this antagonism are the emergence of new technologies, the expanding and pervasive influence of postmodern,and worries about excessive protection. Some of this criticism is perfectly valid, but it's important to avoid overreacting to this situation by calling for an evisceration of exclusive intellectual property rights. The study conclude with a terse assessment of claim that patent attorney's role needs to be expanded in knowledge-based society
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A judge, a prosecutor, and an attorney-at-law performing the legal practice is called ¡°legal professional¡±, while a tax accountant, a certified public accountant, a patent attorney, a licensed administrative agent, a licensed customs broker, a certified public labor attorney performing the legal practice in those relevant fields is called ¡°similar certificates to the legal professional¡±. A similar certificate to the legal professional performs a part of works that an attorney-at-law performs. The preferential legal treatment of former judicial officials, which means that the attorney-at-law retired from legal officials like a judge and a prosecutor is treated as he or she keeps the position in the procedure and the conclusion of an investigation and a trial, is a serious problem. The preferential legal treatment of former judicial officials is one of the most typical corruption that occurs the distrust of the legal process and the officials. The preferential legal treatment of former judicial officials is found only in China and Nigeria, and it does not exist in the other states. Surveys shows that the reliability of the judicial system in Korea is only 27%, and it is ranked on 39th among the 42 states in OECD. The preferential legal treatment of former judicial officials is also found in the field of similar certificates to the legal professional. The preferential legal treatment of former judicial officials causes the public sector corrupted, leading to illegal solicitations and executions by them. As a result, a person who can pay for a tax accountant, a patent attorney receives preferential treatment, while a person who cannot is discriminated. Attorney-at-Law Act provides that an attorney-at-law retired from public office shall not accept cases handled by the agency where he or she has worked and is required to the information of the cases that he or she accepted, and the Certified Tax Accountant Act is regulating a tax accountant who resigned as a public official with new rules, including the prohibition on advertising any connections to the offices, but it is difficult to settle the problem of preferential legal treatment of former judicial officials only by those legislative methods. In order to find the fundamental solution, this paper will review the phenomenon of the preferential legal treatment of former judicial officials in the acquisition process of the certificates and the solution to eradicate it, after looking into the history of the similar certificates to the legal profession, concentrating on the tax accountant and the patent attorney among the similar certificates to the legal professional.
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21st century is known as knowledge industry society after going through agrarian society and industrial society. As 21st century of knowledge industry society, the world is in the middle of borderless wars with patent to obtain intellectual property rights by putting fates of the their nations and companies. War against patent is not only problem of law where the patent is one of the rights but also it is problem of science and technology with respect to high degree of creation and invention. When the patent has legal issues attorney may do its role as a legal expert however considering the fact that in most cases it deals with problem of high degree technology, the role of patent attorney who is an expert in technology analysis is more important than anything else. Article 8 of Patent Attorney Act stipulates, 'A patent attorney may become a trial lawyer in connection with matters pertaining to patent, utility model, design or trademark.' So it provides right of representation for trials to the patent attorneys. However, court has not granted right of representation to the patent attorney. Conditional provision of Article 8, paragraph 1 of the amended Patent Attorney Act where the motion was submitted lately in Congress, it says 'provided that in case of infringement lawsuit of rights such as patent rights, it may share joint right of representation with other attorney.' So it provides optional joint right of representation to patent attorney and attorney with respect to patent infringement lawsuit.It is not known how the consultation in Congress will end, it is necessary to grant right of representation to patent attorney in patent infringement lawsuit as soon as possible. Our country is facing time of FTA as it enters into FTA with EU and USA and other countries around the world. In time of FTA, national competencies depend on which country and which company obtain more patent with international standard. It is certain that the attorney is legal expert who should protect basic human rights and fulfill social justice and plays its role as legal expert by doing task of representation for the law suit and other general legal works. Furthermore, to conquer in borderless war with patents nowadays it is essential to know complicate patent knowledge as well as legal knowledge. Considering these, it is reasonable to grant right of representation for patent cases to patent attorney who is an expert of patent system for the benefit of the nation and survival of the corporations. It is request of 21st knowledge industry society to grant right of representation for patent cases to patent attorneys. Granting right of representation for infringement law suits to patent attorney is not a problem of field of occupation but benefit of the nation.
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