Jae Il Park
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Room: A37, Law and Social Sciences Building
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Email: Jae Il Park
Non-Producing Entities (NPEs) and an Injunctive Relief for Patent Infringement
Jae Il Park is working in the field of intellectual property law. His research project focuses on the setting up a new criterion for non-producing entities to get an injunctive relief in patent infringement cases.
As a patent market has evolved, in recent years, into a new shape with highly liquidizing of patent rights and lowering transaction costs, new players have appeared on the stage, such as ‘patent dealers’, ‘patent mediators’, ‘patent holding companies’ or ‘patent trolls’. These entities (they are normally called as ‘NPEs’ all told) have a common feature that they do not engage in any invention process, produce products or provide services regarding the patented inventions. As some of their opportunistic behaviours (i.e. aggressive patent assertions against producing companies) have posed great concerns in the patent community, primarily in the US, US supreme court, in eBay v. MercExchange case in 2006, tried to curb this problem by limiting injunctive reliefs for NPEs applying ‘traditional four-factor test’. However this four-factor test is rather unclear in itself, subsequent district courts’ cases applying it have showed their serious inconsistency.
Keeping this problem in mind and comparing it with that of European jurisdiction (i.e. UK and Germany), he is going to explore to find a new criterion for injunction which is more balanced between patentees and infringers and with higher certainty.
Research poster
(click poster to enlarge)
Research Supervisor
Professor Paul Torremans & Dr Estelle Derclaye
Academic Qualification
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Awarding Institution
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Bachelor of Laws
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Korea National Open University
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Bachelor of Engineering
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Chonbuk National University
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Jae Il Park is a fully qualified patent attorney under the provision of the Korean Patent Attorney Law.