Business Method Patents in Korea
Koo Dae-Hwan, Professor, College of Law, Seoul National University, Korea
Asian Law Institute (ASLI) Fellow 2004-05

Date: Tuesday, 15 February 2005
Time: 2pm
Venue: Lee Sheridan Room, NUS Faculty of Law (across from Reception Counter, 3rd Floor)

Abstract
E-commerce has been affecting, and has been affected, by Intellectual Property.  The rapid growth of e-commerce has introduced Business Method Patents where methods of doing business using the Internet are regarded as a process. In the US, the test for the patentability of a business method is whether its subject-matter has practical utility that provides a useful, concrete and tangible result. In the European Patent Office (EPO), the patentability of a business method depends on whether its subject-matter has a technical character. In Korea, it is whether its subject-matter is a technological idea using laws of nature.

The seminar examines the different tests for the patentability of a business method used in different patent jurisdictions and the inconsistencies found in each jurisdiction. It will discuss which jurisdiction's practice is more desirable and if the existing legal regimes are appropriate for the protection of software innovations.

ABOUT THE SPEAKER
Koo Dae-Hwan  teaches "Science, Technology and Law" at the College of Law of Seoul National University (SNU). Prior to joining SNU in 2003, he worked at the Korean Intellectual Property Office for 22 years as a patent examiner, a director of patent examination divisions, and a trial judge.

He obtained a B.S in Architectural Engineering from the University of Seoul. He was awarded an overseas research scholarship by the Korean government in 2000 and studied intellectual property law at the University of Sheffield, UK where he obtained his PhD in Law. His main area of PhD research was "Effective Protection of Computer Programs" focusing on the issue of the protection of internet related business methods.

He has written articles mainly regarding intellectual property rights, e.g. "Alternative Proposals and Effective Protection of Computer Programs", "Patent and Copyright Protection of Computer Programs", "A Book Review on ‘Economics and Management of Intellectual Property’ written by Ove Granstrand", "Controversial Points and Reform Measures in Korean Patent Trial System", etc. Recently he has completed a book titled "Information Technology and Law - Computer Programs and Intellectual Property Law in the US, Europe, Japan and Korea."

He is a fully qualified patent attorney and has attained Regular Membership of the Korean Professional Engineers Association that is equivalent to the British Chartered Engineer Status.

ABOUT THE ASIAN LAW INSTITUTE (ASLI)
ASLI was established in March 2003 by a group of leading law schools in Asia. Based at the NUS Faculty of Law, its goal is to facilitate academic exchanges as well as research and teaching collaboration among colleagues from the ten founding institutions. The establishment of ASLI stems from the recognition that the diversity of legal traditions in Asia creates an imperative for Asian legal scholars to foster greater engagement with each other through collaborative research and teaching. For more on ASLI, click on http://law.nus.edu.sg/asli