지식기반시대와 비실시기업의 진화

Knowledge economy now governs every aspect of our lives. Knowledge is the basic currency of this knowledge economy. Equipped with exclusive rights, intellectual properties (IP) are now destined to play the crucial role in this knowledge economy. In this respect, non-practicing entities (NPEs) are deemed to be the legitimate players of this new economy. The 1st-generation NPEs are characterized as entities independent of the manufacturers, hereas the 2nd-generation NPEs and defensive NPEs (i.e., patent aggregators) are heavily influenced by the manufactures, for the manufacturers now play the role of the investors or members of the NPEs. NPEs are here to stay!Despite the resistance form the IT industry in the US, the Senate has recently passed the bill which is essentially benign to the NPEs. In addition, Chief Judge Rader of the Court of Appeals of the Federal Circuit has recently declared that his Court will judge the patents not by the nature of the patent holders but by their quality. In every respect, there is no sign that the rights of the patentees are to be significantly eroded in the near future. It then is manifest that this country as a whole should jump onto the wagon and strive to efficiently generate IP, to protect IP in the major industrial countries, and to utilize IP to its full value.