WO2006080618A1 - System and method of intellectual property auction on the internet - Google Patents

System and method of intellectual property auction on the internet Download PDF

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Publication number
WO2006080618A1
WO2006080618A1 PCT/KR2005/003107 KR2005003107W WO2006080618A1 WO 2006080618 A1 WO2006080618 A1 WO 2006080618A1 KR 2005003107 W KR2005003107 W KR 2005003107W WO 2006080618 A1 WO2006080618 A1 WO 2006080618A1
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WIPO (PCT)
Prior art keywords
intellectual property
auction
property right
bid
seller
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PCT/KR2005/003107
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French (fr)
Inventor
Cheol-Heon Shin
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Cheol-Heon Shin
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Publication of WO2006080618A1 publication Critical patent/WO2006080618A1/en

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    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q30/00Commerce
    • G06Q30/06Buying, selling or leasing transactions
    • G06Q30/08Auctions
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q50/00Information and communication technology [ICT] specially adapted for implementation of business processes of specific business sectors, e.g. utilities or tourism
    • G06Q50/10Services
    • G06Q50/18Legal services
    • G06Q50/184Intellectual property management

Definitions

  • the present invention relates to an Internet-based auction system and method, and more particularly, to an Internet-based auction system and method for intellectual property rights, wherein a person wishing to sell an intellectual property right determines an auction object for the intellectual property right as one of right assignment, exclusive license, and nonexclusive license, selects all or some of the auction object according to his/her current or future situations, and calls for bids for the auction object with an option for the selected scope so that persons wishing to buy the corresponding intellectual property right can select the most suitable auction object, resulting in maximally activated transactions of intellectual property rights.
  • Background Art
  • Internet-based electronic commercial transaction methods include a method in which a buyer purchases individual goods by paying the price of the goods, an auction method in which a specific person suggesting the highest price becomes a successful bidder, and the like.
  • an intellectual property right is an auction object
  • the present invention is conceived to solve the aforementioned problems. It is an object of the present invention to provide an Internet-based auction system and method for intellectual property rights, which can provide, via a media of an Internet-based auction, a buyer with only a working (use) part of an intellectual property right desired by the buyer by specifying the object and scope of auction based on intangible properties and a variety of working aspects of the intellectual property right, thereby maximally satisfying both sellers and buyers and further activating transactions of intellectual property rights.
  • an Internet-based auction system for intellectual property rights comprising an intellectual property right auction server for performing auction for the intellectual property rights and intellectual property right seller terminals for use in selling in- tellectual property rights, and intellectual property right buyer terminals for use in buying the intellectual property rights.
  • the seller and buyer terminals are connected to the intellectual property right auction server over a network.
  • Each of the intellectual property right seller terminals classifies an auction object for one intellectual property right into right assignment, exclusive license agreement, and non-exclusive license agreement, and simultaneously calls for a bid for the auction object through the intellectual property right auction server.
  • Each of the intellectual property right buyer terminals confirms bid conditions made by the intellectual property right seller terminals and selects the auction object to participate in the bid through the intellectual property right auction server.
  • the intellectual property right auction server designates one of the intellectual property right buyer terminals satisfying the bid conditions made by the intellectual property right seller terminal as a successful bidder.
  • each of the intellectual property right seller terminals simultaneously calls for a bid for a selected part of the auction object.
  • each of the intellectual property right seller terminals simultaneously calls for a bid for the remainder excluding the scope to be exercised (used) by a seller from the entire scope of the auction object.
  • the intellectual property right auction server confirms whether a buyer terminal selecting an auction object with a broader right agrees that a buyer terminal selecting an auction object with a narrower right becomes a successful bidder, and performs re-auction for scope negotiation between the buyer terminals if the buyer selecting the auction object with the broader right does not agree.
  • an Internet- based auction method for intellectual property rights in a system including an intellectual property right auction server for performing auction for the intellectual property rights and intellectual property right seller terminals for use in selling the intellectual property rights and intellectual property right buyer terminals for use in buying the intellectual property rights, which are connected to the intellectual property right auction server over a network, comprising the steps of classifying, by each of the intellectual property right seller terminals, an auction object for one intellectual property right into right assignment, exclusive license agreement, and non-exclusive license agreement, and simultaneously calling for a bid for the auction object through the intellectual property right auction server confirming, by each of the intellectual property right buyer terminals, bid conditions made by the intellectual property right seller terminals, and selecting the auction object to participate in the bid through the in- tellectual property right auction server and designating, by the intellectual property right auction server, one of the intellectual property right buyer terminals satisfying the bid conditions made by the intellectual property right seller terminal as a successful bidder.
  • the intangible feature that one intellectual property right can be worked (used) by a number of persons and the feature that there are a variety of working aspects for the intellectual property right are applied to an Internet-based auction system, unlike conventional auction or transaction methods.
  • An auction medium is provided to enable simultaneous execution of the most suitable transaction forms(i.e., right assignment, exclusive license, and non-exclusive license) according to the situations of sellers and buyers, i.e., actually desired auction objects and scope, thereby enabling utilization of intellectual property rights in place, enhancing industrial competitiveness, and ultimately contributing to human civilization.
  • a re-auction chance is given when a buyer does not become a successful bidder due to confliction or scope overlap between right assignment and exclusive or non-exclusive license agreement of one intellectual property right as an auction object even though the buyer satisfies bid conditions.
  • This imparts a burden of re-auction with another bidder who has not obtained a consent, to a bidder who does not agree to bid conditions of the other bidder, so that the bidder makes a more prudent decision as to whether to agree to the bid conditions of the other bidder.
  • FIG. 1 is a block diagram of an entire configuration of an Internet-based auction system for intellectual property rights according to an embodiment of the present invention.
  • FIGs. 2 to 5 are flowcharts illustrating an auction process in the system of Fig. 1.
  • Figs. 6 and 7 illustrate examples of a member registration screen before the auction process is performed in the system of Fig. 1.
  • Fig. 8 illustrates an example of a screen used when a seller calls for a bid in the auction process in the system of Fig. 1.
  • Figs. 9 to 11 illustrate examples of situation screens for the auction process in the system of Fig. 1.
  • FIG. 1 is a block diagram of an entire configuration of an Internet-based auction system for intellectual property rights according to an embodiment of the present invention
  • Figs. 2 to 5 are flowcharts illustrating an auction process in the system of Fig. 1
  • Figs. 6 and 7 illustrate examples of a member registration screen before the auction process is performed in the system of Fig. 1
  • Fig. 8 illustrates an example of a screen used when a seller calls for a bid in the auction process in the system of Fig. 1
  • Figs. 9 to 11 illustrate examples of situation screens for the auction process in the system of Fig. 1.
  • An Internet-based auction system 10 for intellectual property rights comprises an intellectual property right auction server 11 for performing intellectual property right auction so that intellectual property right sellers and buyers participate in the auction via the Internet, an intellectual property right seller terminal 13 for use in selling an intellectual property right, and intellectual property right buyer terminals 15 for use in buying the intellectual property right, wherein the seller and buyer terminals are connected to the intellectual property right auction server 11 via the Internet, as shown in Fig. 1.
  • the intellectual property right auction server 11 comprises a control unit 110 including a member management module 111, a bid processing module 112 and a payment processing module 113 to control overall bid execution, such as member management, bid, successful bid, and payment, in association with an auction process using the intel lectual property right seller terminal 13 and buyer terminals 15; and a storing unit 120 including a member information database 121, a bid information database 122 and a payment information database 123 to sort and store data generated and processed during the intellectual property right auction process by the control unit 110.
  • the member management module 111 performs member subscription of sellers and buyers wishing to transact intellectual property rights using the auction system lOaccording to the embodiment of the present invention, modification of contents input during the member subscription, and member authentication upon logging in via the Internet on the intellectual property right seller terminal 13 and the buyer terminal 15.
  • the bid processing module 112 makes a bid based on bid contents from the intellectual property right seller terminal 13, which has been subscribed and authenticated through the member management module 111.
  • the bid processing module 112 provides bid information such as an auction objector summary, a lowest bid price, and working (use) scope including a region, a period and a form so that the intellectual property right buyer terminal 15 confirms the bid information, and designates as a successful bidder a buyer who suggests the highest bid using the intellectual property right buyer terminal 15.
  • bid information such as an auction objector summary, a lowest bid price, and working (use) scope including a region, a period and a form so that the intellectual property right buyer terminal 15 confirms the bid information, and designates as a successful bidder a buyer who suggests the highest bid using the intellectual property right buyer terminal 15.
  • the successful bidder is determined according to the bid contents. Otherwise, the re-auction is conducted between the buyer selecting the auction object with the broader right and the buyer selecting the auction object with the narrower right if the buyer selecting the auction object with the narrower right wishes the re-auction.
  • negotiations may be conducted between the buyer selecting the auction object with the narrower right and the buyer selecting the auction object with the broader right.
  • the payment processing module 113 performs a process of paying money according to bid details processed by the bid processing module 112. In this case, the remainder of the money paid by the buyer excluding a commission is provided to the seller and the auction is terminated.
  • the member information database 121 stores information on sellers or buyers subscribing to the use of the auction system 10, such as IDs, names (corporate names), sexes, resident registration numbers (business registration numbers), addresses, telephone numbers, E-mail accounts, homepage addresses, and passwords, as shown in Figs. 6 and 7.
  • the member information database 121 stores seller-related information on an intellectual property right, such as an applicant, inventor(s), a registration number, application date, a category, a registration country; and buyer-related information on industry such as an industry category and an industrial field of interest.
  • the bid information database 122 stores information on an object for which auction is being executed or expected. When an intellectual property right to be sold is brought up for auction, bid information including an auction object and summary, a lowest bid price, a bid time limit, and scope options such as a region, a time limit and an execution aspect is stored in the bid information database 122, as shown in Fig. 8.
  • an auction object may become right assignment, exclusive license agreement or non-exclusive license agreement for the entire or a portion of an intellectual property right selected according to the situation of a seller or with limited scope, so that a an auction object can be more clearly specified and a buyer can participate in a selective bid as desired, thereby significantly reducing efforts and time needed for possible negotiation.
  • bid information on an object for which auction is being executed such as auction execution information including a current price, a remaining period and bid details, and advantages and features of the auction object are stored, as shown in Figs. 9 to 11.
  • a bid value and bid details of the auction object, a successful bidder, a successful bid value, and the like are stored after the bid is terminated.
  • the payment information database 124 stores payment information on an object that is knocked down in the auction, which is money payment-related information after bid success of a buyer, such as a buyer, a buying object, payment details, and the like.
  • the Internet-based auction system 10 for intellectual property rights according to the embodiment of the present invention constructed as above performs auction in processes shown in Figs. 2 to 5.
  • a seller of an intellectual property right subscribes as a member throughthe auction server 11 using theintellectual property right seller terminal 13 as shown in Fig. 6, classifies one intellectual property right as anauction object into right assignment, exclusive license agreement, and non-exclusive license agreement in the auction server 11, and simultaneously applies a bid through the auction server 11 with options such as the entire or a portion of the right, and thescope of the right, as shown in Fig. 8.
  • the seller may specify a period of time during which the seller will not exercise or use the right at present and in the near future time or a business-unfriendly region due to business preparation or the like, and working aspects that cannot be executed (used), and may also specify particular matters such as interests assignment in the right assignment, thereby helping a buyer to select an auction object, conducting rapid transactions, and preventing the occurrence of troubles.
  • a buyer wishing to purchase an intellectual property right subscribes as a member through the auction server 11 using the intellectual property right buyer terminal 15, participates in a bid in the auction server 11 according to his/her predetermined schedule, as shown in Fig. 7, and confirms bid contents of a desired intellectual property right onthe seller terminal 13 provided by the auction server 11, for example, intellectual property right information such as basic information, personal information, an abstract, a representative claim, a representative figure, and a whole document, and auction situation information such as a current price, a remaining period, and a merit of the auction object, as shown in Figs. 9 to 11.
  • intellectual property right information such as basic information, personal information, an abstract, a representative claim, a representative figure, and a whole document
  • auction situation information such as a current price, a remaining period, and a merit of the auction object, as shown in Figs. 9 to 11.
  • the buyer selects one among right assignment, exclusive license agreement, and non-exclusive license agreement in consideration of scope limitations while asking a question and checking a corresponding answer, and then participates in the bid through the auction server 11.
  • the auction server 11 performs the bid according to contents applied through the intellectual property right seller terminal 13 and designates a buyer terminal 15 satisfying bid conditions as a successful bidder. If the successful bidder, the buyer terminal 15, pays for right assignment or license agreement, the auction procedure is terminated through a registration procedure in the Patent Office.
  • the auction server 11 (bid processing module 112) performs the bid while storing bid details in the bid information database 122 (S201).
  • step S201 Even when the bid conducted for a predetermined period of time in step S201 is terminated, there may be right confliction or agreement scope overlap between auction objects satisfying bid conditions since a plurality of auction objects are brought up for the bid, unlike a general auction system.
  • step S202 If it is determined in step S202 that there is A satisfying the bid conditions, it is determined whether there is B who is a bidder for exclusive license agreement and/or C who is a bidder for non-exclusive license agreement with the highest bid within the bid details stored in the bid information database 122 (S203).
  • step S203 If it is determined in step S203 that there are B and/or C satisfying the bid conditions, priority is given to A with the broadest right to allow A to determine whether to agree the bid conditions of B and/or C as they are (S204). Here, giving the priority to A is to provide maximum benefits of the intellectual property right to A as a future rightful person. [72] If A accepts the bid conditions of B and/or C as they are in step S204, the auction objects are knocked down according to the bid conditions of A, B and/or C as they are (S205). This leads to the same results as general auction.
  • B and/or C are allowed to negotiate everything including right interests and license scope with A since negligence of the bid conditions of B and/or C is a harsh behavior to B and/or C, and giving a chance to all buyers wishing to exercise or use the intellectual property right contributes to industry development (S206).
  • step S206 the bid is successfully made according to the contents of the negotiation (S207).
  • new license scope will be set so that A and B and/ or C can share right interests or do not conflict each other.
  • step S206 it is confirmed whether at least one buyer of A and B and/or C desires re-auction (S208), and the re-auction is conducted between buyers whishing the re-auction to determine a successful bidder (S209). Even when only one of A, B and C accepts the re-auction, the re-auction is conducted to determine a successful bidder.
  • step 203 If there are not B and/or C satisfying the bid conditions in step 203, the bid is knocked down to A (S211).
  • step S212 The process returns back to step S202, where if there is not A satisfying the bid conditions, it is determined whether there is B who is an exclusive license agreement bidder with the highest bid within the bid details stored in the bid information database 122 (S212).
  • step S212 If there is B satisfying the bid conditions in step S212, it is determined whether there is C who is an non-exclusive license agreement bidder with the highest bid within the bid details stored in the bid information database 122 (S213). [82] If there is C satisfying the bid conditions, it is determined whether agreement scopes of B and C overlap with each other (S214).
  • step S215 If B does not accept the bid conditions of Cas they are in step S215, C is allowed to negotiate everything including right interests and license scope with B since negligence of the bid conditions of C is a harsh behavior to C and giving a chance to all buyers wishing to exercise (use) the intellectual property right contributes to industry development (S217).
  • step S214 if agreement scope does not overlap between B and C, the objects are knocked down to B and C according to the bid conditions of B and C as they are since there is no confliction and interference between B and C, in the same manner as the case where B accepts the bid conditions of C in S215 (S216).
  • step S213 if there is C satisfying the bid conditions in step S213, C becomes a successful bidder (S224). Otherwise, the object is not knocked down (S225).
  • an auction object for one intellectual property right is selected among right assignment, exclusive license agreement, and non-exclusive license agreement with an option such as the entire of the right or a portion thereof with limited scope, thereby maximally protecting the situation of a seller, minimizing damage to a buyer, and obtaining relatively advantageous bid conditions from the seller when a portion thereof is the auction object, resulting in motivated auction participation.

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Abstract

Intellectual property rights are conventionally attempted to be transacted in a simple manner between a seller and a buyer via an Internet-based auction medium without considering intangible properties and a variety of working aspects that are unique features of Intellectual property rights, resulting in inactivated transactions of the intellectual property rights. According to the present invention, a seller wishing to sell an intellectual property right classifies an auction object for one intellectual property right into right assignment, exclusive license, and nonexclusive license, selects the entire or a portion of the auction object according to the current or future situation of the seller, and simultaneously calls for a bid for the intellectual property right with an option with limited scope, so that buyers wishing to purchase the corresponding intellectual property right can select desired objects most suitable for themselves. Through an intellectual property right seller terminal, a bid is called for via an intellectual property right auction server by classifying the auction object for one intellectual property right into right assignment, exclusive license, and nonexclusive license.

Description

Description
SYSTEM AND METHOD OF INTELLECTUAL PROPERTY AUCTION ON THE INTERNET
Technical Field
[1] The present invention relates to an Internet-based auction system and method, and more particularly, to an Internet-based auction system and method for intellectual property rights, wherein a person wishing to sell an intellectual property right determines an auction object for the intellectual property right as one of right assignment, exclusive license, and nonexclusive license, selects all or some of the auction object according to his/her current or future situations, and calls for bids for the auction object with an option for the selected scope so that persons wishing to buy the corresponding intellectual property right can select the most suitable auction object, resulting in maximally activated transactions of intellectual property rights. Background Art
[2] Electronic commercial transaction sites for providing commercial transactions between sellers and buyers over a network have been widely operated as Internet-based business.
[3] Internet-based electronic commercial transaction methods include a method in which a buyer purchases individual goods by paying the price of the goods, an auction method in which a specific person suggesting the highest price becomes a successful bidder, and the like.
[4] In Internet-based auction sites, when a seller inputs sale data, such as associated information and the lowest sale price for goods or services to be sold, in a predetermined format or when a buyer inputs purchase data, such as associated information and a desired buying price for goods or services to be purchased, the sale or purchase data of the goods or services are notified on the Internet so that buyers or sellers access the sites without limitations on space and select desired goods or services to conduct transactions.
[5] However, such a method is limited to a case where a buyer and a seller correspond to each other one-to-one for single goods or services.
[6] For this reason, even when a buyer desires to purchase a portion of desired goods, he/she should buy the entire goods. Since a seller should sell goods on single goods basis, he/she suffers from difficulty in conducting successful transactions.
[7] Meanwhile, since intellectual property rights such as a patent right, a utility model right, a design right, and a trademark right are intangible, many persons may simultaneously exercise the rights. Since working with the rights includes production, use, assignment, lease, import, and offer of assignment or lease, this gives a significant meaning in that sellers or buyers can make selection according to their situations.
[8] Thus, when an intellectual property right is an auction object, there may be a case where only a portion of the intellectual property right can be temporarily exercised (used) according to the situation of a buyer. If a seller with an intellectual property right cannot immediately exercise (use) the right due to the seller's situation such as a business preparation period or a business-unfriendly region but still has an intention to exercise (use) the right some time, he/she can allow other persons to limitedly exercise the right until he/she can exercise the right.
[9] Conventionally, however, auction for an intellectual property right has been conducted in the same way as in auction for general goods or services without considering features of the intellectual property right.
[10] That is, the concerns and object of auction are directed only to purchase or sale of corresponding goods or services. When working or use of only a portion of the goods or services is desired, there are many cases where transactions are not made, thereby degrading activation of transactions of intellectual property rights. Disclosure of Invention Technical Problem
[11] The present invention is conceived to solve the aforementioned problems. It is an object of the present invention to provide an Internet-based auction system and method for intellectual property rights, which can provide, via a media of an Internet-based auction, a buyer with only a working (use) part of an intellectual property right desired by the buyer by specifying the object and scope of auction based on intangible properties and a variety of working aspects of the intellectual property right, thereby maximally satisfying both sellers and buyers and further activating transactions of intellectual property rights.
[12] It is another object of the present invention to provide an Internet-based auction system and method for intellectual property rights, which can give a desired re-auction chance to minimize cases where even though a buyer meets bid conditions, he/she does not become a successful bidder due to confliction or overlapping scope among assignment or exclusive and non-exclusive license agreement of one intellectual property right as an auction object, thereby resulting in improved equity and efficiency. Technical Solution
[13] According to an aspect of the present invention for achieving the objects, there is provided an Internet-based auction system for intellectual property rights, comprising an intellectual property right auction server for performing auction for the intellectual property rights and intellectual property right seller terminals for use in selling in- tellectual property rights, and intellectual property right buyer terminals for use in buying the intellectual property rights. The seller and buyer terminals are connected to the intellectual property right auction server over a network. Each of the intellectual property right seller terminals classifies an auction object for one intellectual property right into right assignment, exclusive license agreement, and non-exclusive license agreement, and simultaneously calls for a bid for the auction object through the intellectual property right auction server. Each of the intellectual property right buyer terminals confirms bid conditions made by the intellectual property right seller terminals and selects the auction object to participate in the bid through the intellectual property right auction server. The intellectual property right auction server designates one of the intellectual property right buyer terminals satisfying the bid conditions made by the intellectual property right seller terminal as a successful bidder.
[14] Preferably, each of the intellectual property right seller terminals simultaneously calls for a bid for a selected part of the auction object.
[15] Preferably, each of the intellectual property right seller terminals simultaneously calls for a bid for the remainder excluding the scope to be exercised (used) by a seller from the entire scope of the auction object.
[16] Preferably, if there is confliction or agreement scope overlap between the auction objects satisfying the bid conditions, and the right assignment, the exclusive license agreement and the non-exclusive license agreement are broader in this order in view of their scope, the intellectual property right auction server confirms whether a buyer terminal selecting an auction object with a broader right agrees that a buyer terminal selecting an auction object with a narrower right becomes a successful bidder, and performs re-auction for scope negotiation between the buyer terminals if the buyer selecting the auction object with the broader right does not agree.
[17] According to another aspect of the present invention, there is provided an Internet- based auction method for intellectual property rights in a system including an intellectual property right auction server for performing auction for the intellectual property rights and intellectual property right seller terminals for use in selling the intellectual property rights and intellectual property right buyer terminals for use in buying the intellectual property rights, which are connected to the intellectual property right auction server over a network, comprising the steps of classifying, by each of the intellectual property right seller terminals, an auction object for one intellectual property right into right assignment, exclusive license agreement, and non-exclusive license agreement, and simultaneously calling for a bid for the auction object through the intellectual property right auction server confirming, by each of the intellectual property right buyer terminals, bid conditions made by the intellectual property right seller terminals, and selecting the auction object to participate in the bid through the in- tellectual property right auction server and designating, by the intellectual property right auction server, one of the intellectual property right buyer terminals satisfying the bid conditions made by the intellectual property right seller terminal as a successful bidder.
Advantageous Effects
[18] With the Internet-based auction system and method for intellectual property rights according to the present invention described above, the intangible feature that one intellectual property right can be worked (used) by a number of persons and the feature that there are a variety of working aspects for the intellectual property right are applied to an Internet-based auction system, unlike conventional auction or transaction methods. An auction medium is provided to enable simultaneous execution of the most suitable transaction forms(i.e., right assignment, exclusive license, and non-exclusive license) according to the situations of sellers and buyers, i.e., actually desired auction objects and scope, thereby enabling utilization of intellectual property rights in place, enhancing industrial competitiveness, and ultimately contributing to human civilization.
[19] Further, with the Internet-based auction system and method for intellectual property rights according to the present invention, a re-auction chance is given when a buyer does not become a successful bidder due to confliction or scope overlap between right assignment and exclusive or non-exclusive license agreement of one intellectual property right as an auction object even though the buyer satisfies bid conditions. This imparts a burden of re-auction with another bidder who has not obtained a consent, to a bidder who does not agree to bid conditions of the other bidder, so that the bidder makes a more prudent decision as to whether to agree to the bid conditions of the other bidder. A re- auction chance with a bidder who has not agreed is given to a bidder who has not obtained a consent so as to maximally protect the position of a bidder satisfying bid conditions, resulting in improved equity and efficiency of an auction system. Brief Description of the Drawings
[20] Fig. 1 is a block diagram of an entire configuration of an Internet-based auction system for intellectual property rights according to an embodiment of the present invention.
[21] Figs. 2 to 5 are flowcharts illustrating an auction process in the system of Fig. 1.
[22] Figs. 6 and 7 illustrate examples of a member registration screen before the auction process is performed in the system of Fig. 1.
[23] Fig. 8 illustrates an example of a screen used when a seller calls for a bid in the auction process in the system of Fig. 1. [24] Figs. 9 to 11 illustrate examples of situation screens for the auction process in the system of Fig. 1.
[25] [Explanation of Reference Numerals for Major Portions Shown in Drawings]
[26] 11 : Intellectual property right auction server
[27] 13: Intellectual property right seller terminal
[28] 15: Intellectual property right buyer terminal
[29] 110: Control unit
[30] 111: Member management module
[31] 112: Bid processing module
[32] 113: Payment processing module
[33] 120: Storing unit
[34] 121: Member information DB
[35] 122: Bid information DB
[36] 123: Payment information DB
Best Mode for Carrying Out the Invention
[37] Hereinafter, an Internet-based auction system and method for intellectual property rights according to a preferred embodiment of the present invention will be described with reference to the accompanying drawings.
[38] Fig. 1 is a block diagram of an entire configuration of an Internet-based auction system for intellectual property rights according to an embodiment of the present invention, Figs. 2 to 5 are flowcharts illustrating an auction process in the system of Fig. 1, Figs. 6 and 7 illustrate examples of a member registration screen before the auction process is performed in the system of Fig. 1, Fig. 8 illustrates an example of a screen used when a seller calls for a bid in the auction process in the system of Fig. 1, and Figs. 9 to 11 illustrate examples of situation screens for the auction process in the system of Fig. 1.
[39] In the following description of the embodiment of the present invention, if the specific contents of associated known functions or configurations are obvious, detailed descriptions thereof will be omitted.
[40] An Internet-based auction system 10 for intellectual property rights according to an embodiment of the present invention comprises an intellectual property right auction server 11 for performing intellectual property right auction so that intellectual property right sellers and buyers participate in the auction via the Internet, an intellectual property right seller terminal 13 for use in selling an intellectual property right, and intellectual property right buyer terminals 15 for use in buying the intellectual property right, wherein the seller and buyer terminals are connected to the intellectual property right auction server 11 via the Internet, as shown in Fig. 1. [41] In the auction system 10 according to the embodiment of the present invention, the intellectual property right auction server 11 comprises a control unit 110 including a member management module 111, a bid processing module 112 and a payment processing module 113 to control overall bid execution, such as member management, bid, successful bid, and payment, in association with an auction process using the intel lectual property right seller terminal 13 and buyer terminals 15; and a storing unit 120 including a member information database 121, a bid information database 122 and a payment information database 123 to sort and store data generated and processed during the intellectual property right auction process by the control unit 110.
[42] The member management module 111 performs member subscription of sellers and buyers wishing to transact intellectual property rights using the auction system lOaccording to the embodiment of the present invention, modification of contents input during the member subscription, and member authentication upon logging in via the Internet on the intellectual property right seller terminal 13 and the buyer terminal 15.
[43] The bid processing module 112 makes a bid based on bid contents from the intellectual property right seller terminal 13, which has been subscribed and authenticated through the member management module 111.
[44] To sell intellectual property rights through auction, the bid processing module 112 provides bid information such as an auction objector summary, a lowest bid price, and working (use) scope including a region, a period and a form so that the intellectual property right buyer terminal 15 confirms the bid information, and designates as a successful bidder a buyer who suggests the highest bid using the intellectual property right buyer terminal 15.
[45] In the auction system 10 according to the embodiment of the present invention, a number of persons can simultaneously exercise an intellectual property right in various forms since the right, which is an auction object, is intangible unlike an object transacted through a general auction system.
[46] Accordingly, in a case where the intellectual property right buyer terminal 15 suggesting the highest price under bid conditions suggested by a seller is determined as a successful bidder, right confliction may occur between auction objects, for example, the right itself and an exclusive license all of which are real rights resulting from the intangible feature of the intellectual property right.
[47] Right confliction does not occur between the right itself and an exclusive license but there may be a case where the scope of an exclusive license and the scope of a nonexclusive license overlap with each other.
[48] To adjust a case where there is confliction or scope overlap between rights or licenses, if there is no agreement even though bid conditions are satisfied, re-auction for determining a successful bidder is performed on the premise that negotiations will be made.
[49] Specifically, if it is assumed that right assignment, exclusive license agreement, and non-exclusive license agreement are broader in this order in view of their scope, it is confirmed whether a buyer selecting an auction object with a broader right agrees that a buyer selecting an auction object with a narrower right becomes a successful bidder.
[50] If an agreement is made, the successful bidder is determined according to the bid contents. Otherwise, the re-auction is conducted between the buyer selecting the auction object with the broader right and the buyer selecting the auction object with the narrower right if the buyer selecting the auction object with the narrower right wishes the re-auction.
[51] In this case, prior to the re-auction, negotiations may be conducted between the buyer selecting the auction object with the narrower right and the buyer selecting the auction object with the broader right.
[52] In the auction system 10 according to the embodiment of the present invention, when buyers participate in auction for right assignment, exclusive license agreement and non-exclusive license agreement of an intellectual property right, which are auction objects, and one of them becomes a successful bidder, the payment processing module 113 performs a process of paying money according to bid details processed by the bid processing module 112. In this case, the remainder of the money paid by the buyer excluding a commission is provided to the seller and the auction is terminated.
[53] The member information database 121 stores information on sellers or buyers subscribing to the use of the auction system 10, such as IDs, names (corporate names), sexes, resident registration numbers (business registration numbers), addresses, telephone numbers, E-mail accounts, homepage addresses, and passwords, as shown in Figs. 6 and 7.
[54] The member information database 121 stores seller-related information on an intellectual property right, such as an applicant, inventor(s), a registration number, application date, a category, a registration country; and buyer-related information on industry such as an industry category and an industrial field of interest.
[55] The bid information database 122 stores information on an object for which auction is being executed or expected. When an intellectual property right to be sold is brought up for auction, bid information including an auction object and summary, a lowest bid price, a bid time limit, and scope options such as a region, a time limit and an execution aspect is stored in the bid information database 122, as shown in Fig. 8.
[56] Specifically, according to the features of theauction system 10 of this embodiment of the present invention, an auction object may become right assignment, exclusive license agreement or non-exclusive license agreement for the entire or a portion of an intellectual property right selected according to the situation of a seller or with limited scope, so that a an auction object can be more clearly specified and a buyer can participate in a selective bid as desired, thereby significantly reducing efforts and time needed for possible negotiation.
[57] Further, bid information on an object for which auction is being executed, such as auction execution information including a current price, a remaining period and bid details, and advantages and features of the auction object are stored, as shown in Figs. 9 to 11. A bid value and bid details of the auction object, a successful bidder, a successful bid value, and the like are stored after the bid is terminated.
[58] The payment information database 124 stores payment information on an object that is knocked down in the auction, which is money payment-related information after bid success of a buyer, such as a buyer, a buying object, payment details, and the like.
[59] The Internet-based auction system 10 for intellectual property rights according to the embodiment of the present invention constructed as above performs auction in processes shown in Figs. 2 to 5.
[60] A seller of an intellectual property right subscribes as a member throughthe auction server 11 using theintellectual property right seller terminal 13 as shown in Fig. 6, classifies one intellectual property right as anauction object into right assignment, exclusive license agreement, and non-exclusive license agreement in the auction server 11, and simultaneously applies a bid through the auction server 11 with options such as the entire or a portion of the right, and thescope of the right, as shown in Fig. 8.
[61] For example, the seller may specify a period of time during which the seller will not exercise or use the right at present and in the near future time or a business-unfriendly region due to business preparation or the like, and working aspects that cannot be executed (used), and may also specify particular matters such as interests assignment in the right assignment, thereby helping a buyer to select an auction object, conducting rapid transactions, and preventing the occurrence of troubles.
[62] Meanwhile, a buyer wishing to purchase an intellectual property right subscribes as a member through the auction server 11 using the intellectual property right buyer terminal 15, participates in a bid in the auction server 11 according to his/her predetermined schedule, as shown in Fig. 7, and confirms bid contents of a desired intellectual property right onthe seller terminal 13 provided by the auction server 11, for example, intellectual property right information such as basic information, personal information, an abstract, a representative claim, a representative figure, and a whole document, and auction situation information such as a current price, a remaining period, and a merit of the auction object, as shown in Figs. 9 to 11.
[63] The buyer selects one among right assignment, exclusive license agreement, and non-exclusive license agreement in consideration of scope limitations while asking a question and checking a corresponding answer, and then participates in the bid through the auction server 11.
[64] The auction server 11 performs the bid according to contents applied through the intellectual property right seller terminal 13 and designates a buyer terminal 15 satisfying bid conditions as a successful bidder. If the successful bidder, the buyer terminal 15, pays for right assignment or license agreement, the auction procedure is terminated through a registration procedure in the Patent Office.
[65] A process of determining a successful bidder of an intellectual property right via the
Internet according to the embodiment of the present invention will be specifically described with reference to Figs. 2 to 5.
[66] When the intellectual property right seller terminal 13 connects to the auction server
11 and simultaneously calls for a bid for one of right assignment, exclusive license agreement and non-exclusive license agreement of one intellectual property right with an auction option such as the entire of the right or a portion thereof with limited scope, the auction server 11 (bid processing module 112) performs the bid while storing bid details in the bid information database 122 (S201).
[67] The following description will be made on the assumption that a right assignment bidder is "A," an exclusive license agreement bidder is "B", and a non-exclusive license agreement bidder is "C."
[68] Even when the bid conducted for a predetermined period of time in step S201 is terminated, there may be right confliction or agreement scope overlap between auction objects satisfying bid conditions since a plurality of auction objects are brought up for the bid, unlike a general auction system.
[69] If it is assumed that right assignment, exclusive license agreement, and nonexclusive license agreement are broader in this order in view of their scope, in order to adjust the confliction or scope overlap, among buyers selecting auction objects with broader right scope and buyers selecting auction objects with narrower right scope, it is determined whether there is A who is a right assignment bidder with the broadest right scope suggesting the highest bid within bid details stored in the bid information database 122 (S202)
[70] If it is determined in step S202 that there is A satisfying the bid conditions, it is determined whether there is B who is a bidder for exclusive license agreement and/or C who is a bidder for non-exclusive license agreement with the highest bid within the bid details stored in the bid information database 122 (S203).
[71] If it is determined in step S203 that there are B and/or C satisfying the bid conditions, priority is given to A with the broadest right to allow A to determine whether to agree the bid conditions of B and/or C as they are (S204). Here, giving the priority to A is to provide maximum benefits of the intellectual property right to A as a future rightful person. [72] If A accepts the bid conditions of B and/or C as they are in step S204, the auction objects are knocked down according to the bid conditions of A, B and/or C as they are (S205). This leads to the same results as general auction.
[73] If A does not accept the bid conditions of B and/or C as they are in step S204, B and/or C are allowed to negotiate everything including right interests and license scope with A since negligence of the bid conditions of B and/or C is a harsh behavior to B and/or C, and giving a chance to all buyers wishing to exercise or use the intellectual property right contributes to industry development (S206).
[74] If the negotiation of the right interests or the license scope between A and B and/or
C is successful in step S206, the bid is successfully made according to the contents of the negotiation (S207). In this case, new license scope will be set so that A and B and/ or C can share right interests or do not conflict each other.
[75] If the negotiation of the right interests or the license scope between A and B and/or
C is not successfully made in step S206, it is confirmed whether at least one buyer of A and B and/or C desires re-auction (S208), and the re-auction is conducted between buyers whishing the re-auction to determine a successful bidder (S209). Even when only one of A, B and C accepts the re-auction, the re-auction is conducted to determine a successful bidder.
[76] In this case, although top priority is given to A with the broadest right, a burden of possible re-auction is imparted to A so that A makes a prudent decision, thereby inducing reasonable adjustment. Further, an additional chance is given to B and/or C to maximally protect the positions of bidders satisfying the bid conditions. This is intended to provide the seller with maximum benefits through vigorous competition.
[77] If C acquires the previous right of A through the re-auction, there may be a case where relationships with B need to be adjusted. Even in this case, the adjustment follows the aforementioned steps.
[78] On the other hand, if the negotiation between A and B and/or C is not successfully madeand the re-auction is not wanted, the auction objects are not knocked down (S210).
[79] If there are not B and/or C satisfying the bid conditions in step 203, the bid is knocked down to A (S211).
[80] The process returns back to step S202, where if there is not A satisfying the bid conditions, it is determined whether there is B who is an exclusive license agreement bidder with the highest bid within the bid details stored in the bid information database 122 (S212).
[81] If there is B satisfying the bid conditions in step S212, it is determined whether there is C who is an non-exclusive license agreement bidder with the highest bid within the bid details stored in the bid information database 122 (S213). [82] If there is C satisfying the bid conditions, it is determined whether agreement scopes of B and C overlap with each other (S214).
[83] If the agreement scopes of B and C overlap with each other, priority is given to B with a broader right next to A with the broadest right and B is then allowed to determine whether to accept the bid conditions of C (S215). Here, giving the priority to B is also intended to provide maximum benefits to the seller, in the same manner as the case where priority is given to A.
[84] If B accepts the bid conditions of C as they are in step S215, the objects are knocked down to B and C according to the bid conditions (S216).
[85] If B does not accept the bid conditions of Cas they are in step S215, C is allowed to negotiate everything including right interests and license scope with B since negligence of the bid conditions of C is a harsh behavior to C and giving a chance to all buyers wishing to exercise (use) the intellectual property right contributes to industry development (S217).
[86] When negotiation of right interests or license scope is successfully made between B and C in step S217, the objects are knocked down as they are according to the contents of the negotiation (S218). In this case, new license scope will be set between B and C so that the rights are shared or not conflicted with each other.
[87] When the negotiation of right interests or license scope is not successfully made between B and C, it is confirmed whether B or C wants to conduct re-auction (S219) and re-auction is conducted between the buyers expecting the re-auction is conducted among only buyers wishing the re-auction to determine a successful bidder (S220). Even when only one of B and C accepts the re-auction, the re-auction is conduced to determine a successful bidder.
[88] In this case, although top priority is given to B with the broader right, a burden of possible re-auction is imparted to B so that B makes a prudent decision, thereby inducing reasonable adjustment. Further, an additional chance is given to C to maximally protect the position of a bidder satisfying the bid conditions. This is intended to provide the seller with maximum benefits through vigorous competition.
[89] On the other hand, if the negotiation is not successfully made between B and C and the re-auction is not wanted, the auction objects are not knocked down (S221).
[90] Returning back to step S214, if agreement scope does not overlap between B and C, the objects are knocked down to B and C according to the bid conditions of B and C as they are since there is no confliction and interference between B and C, in the same manner as the case where B accepts the bid conditions of C in S215 (S216).
[91] If there is not C satisfying the bid conditions in step S213, B becomes a successful bidder (S222).
[92] Returning back to step S213, if there is C satisfying the bid conditions in step S213, C becomes a successful bidder (S224). Otherwise, the object is not knocked down (S225).
[93] Accordingly, when the successful bidder is ultimately determined and the successful bidder pays money using the buyer terminal 15 through the payment processing module 113, the payment details are stored in the payment information database 123 and the right assignment or the license agreement is registered in the Patent Office, leading to termination of the series of auction processes. Industrial Applicability
[94] In the embodiment of the present invention, an auction object for one intellectual property right is selected among right assignment, exclusive license agreement, and non-exclusive license agreement with an option such as the entire of the right or a portion thereof with limited scope, thereby maximally protecting the situation of a seller, minimizing damage to a buyer, and obtaining relatively advantageous bid conditions from the seller when a portion thereof is the auction object, resulting in motivated auction participation.

Claims

Claims
[1] An Internet-based auction system for intellectual property rights, comprising: an intellectual property right auction server for performing auction for the intellectual property rights and intellectual property right seller terminals for use in selling intellectual property rights, and intellectual property right buyer terminals for use in buying the intellectual property rights, the seller and buyer terminals being connected to thein- tellectual property right auction server over a network, wherein each of the intellectual property right seller terminals classifies an auctio n object for one intellectual property right into right assignment, exclusive license agreement, and non-exclusive license agreement, and simultaneously calls for a bid for the auction object through the intellectual property right auction server, each of the intellectual property right buyer terminals confirms bid conditions made by the intellectual property right seller terminals and selects theauction object to participate in the bid through the intellectual property right auction server, and the intellectual property right auction server designates one of the intellectual property right buyer terminals satisfying the bid conditions made by the intellectual property right seller terminal as a successful bidder.
[2] The system as claimed in claim 1, wherein each of the intellectual property right seller terminals simultaneously calls for a bid for a selected part of the auction object.
[3] The system as claimed in claim 1, wherein each of the intellectual property right seller terminals simultaneously calls for a bid for the remainder excluding the scope to be exercised (used) by a seller from the entire scope of the auction object.
[4] The system as claimed in claim 1, wherein if there is confliction or agreement scope overlap between the auction objects satisfying the bid conditions, and the right assignment, the exclusive license agreement and the non-exclusive license agreement are broader in this order in view of their scope, the intellectual property right auction server confirms whether a buyer terminal selecting an a uction object with a broader right agrees that a buyer terminal selecting an auction object with a narrower right becomes a successful bidder, and performs re- auction for scope negotiation between the buyer terminals if the buyer selecting the auction object with the broader right does not agree.
[5] An Internet-based auction method for intellectual property rights in a system including an intellectual property right auction server for performing auction for the intellectual property rights, intellectual property right seller terminals for use in selling the intellectual property rights, and intellectual property right buyer terminals for use in buying the intellectual property rights, the seller and buyer terminals being connected to the intellectual property right auction server over a network, the method comprising the steps of: classifying, by each of the intellectual property right seller terminals, an auction object for one intellectual property right into right assignment, exclusive license agreement, and non-exclusive license agreement, and simultaneously calling for a bid for the auction object through the intellectual property right auction server confirming, by each of the intellectual property right buyer terminals, bid conditions made by the intellectual property right seller terminals, and selecting the auction object to participate in the bid through the intellectual property right auction server and designating, by the intellectual property right auction server, one of the intellectual property right buyer terminals satisfying the bid conditions made by the intellectual property right seller terminal as a successful bidder.
PCT/KR2005/003107 2004-09-20 2005-09-20 System and method of intellectual property auction on the internet WO2006080618A1 (en)

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