What is Intellectual Property Right?

Knowledge, information, technology and thought that are created or discovered by human creative activities and experiences.
It means that the value of property can be realized by expression of feelings, display of business and objects,
varieties of animals or genetic resources, and other intangibles.

Types and Contents of Intellectual Property Rights

Patent right

Creation of technical

Utility model right

Creation of utility

Design

The shape, the pattern, the color and the combination of these that can feel the aesthetic feeling

Trademark right

Symbols, characters, figures, sounds, and others that can be distinguished from other goods

Creative work in literature and arts

Neighboring rights

Rights of performers, record producer etc.

Computer program, DB, contents etc.

High-tech industry property right

Semiconductor Layout Design, Artificial Intelligence, Business Method etc.

Information property rights

Trade secret etc.

New trademark right

Character, geographical indication,
sound mark, scent mark

Advantages and Disadvantages of Patent Law, Copyright Law, and Trade Secret Protection Act

Division	Patent Law	Copyright Law	Trade Secret Protection Act
Competent authorities	the Korean Itellectual Property Office	Ministry of Culture, Sports and Tourism	the Korean Intellectual Property Office
Object to protection	· Idea(algorithm)	· Expression(source code)	· Technology and management information on non-publicity state
Term of protection	· 20 years after filing date	· 70 years after the death of the author · 70 years after disclosure(legal entity)	· Within a secret period (Usually within1~5 years, Based on the time and cost spent for development and mass production)
Requirements	· Invention, Industrial applicability, Novelty, Inventive step	· Not copyright infringement	· The economic value of the secret, the existence of utility
Period of validity	· From date of set patent right to 20 years after filing date	· Coincide with creation * Effect on registration : occurrence right of legal presumption and opposing power	· Effected as a result of litigation
The others	· It is difficult to detect infringement of the patent that using patented ideas	· It can not prevent algorithm using reverse analysis	· The victim must prove that it is trade secrets. · After SW product released, It is vulnerable cloned by reverse analysis.