The impact of Obama's veto regarding the Frand Agreement on Apple.inc and Samsung Electronics co., Ltd Patent infringement case towards the economic bilateral cooperation between U.S. and South Korea

Julian, Rendi (2014) The impact of Obama's veto regarding the Frand Agreement on Apple.inc and Samsung Electronics co., Ltd Patent infringement case towards the economic bilateral cooperation between U.S. and South Korea. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Technology has helped human species to understand what is going on in life, including problem-solving, controlling human behavior, handling a relation between one another, and managing/organizing something to reach the goals. The roles of smartphone industry becomes important because of the strong competitiveness to and related to the protection of patent, innovation, and copyrights which are very crucial to attract the consumers. One of the smartphone brands that really concerns with its intellectual property rights protection is Samsung, which is known well as one of the best Android smartphone. Besides that, Samsung faced a patent dispute with Apple.Inc, which is also well-known as the best smartphone with iOS feature, that infringed the patent right of Samsung related to the patent number 377 about the multi-touch sensor feature and a sensor for headphone jacks. The ITC had ordered a ban on Apple older models; iPhone 3GS and iPad 2 which infringed Samsung Galaxy S3 on April 2013. After that, on August 2013, the previous ITC's decision was overturned by Obama's veto. According to the FRAND agreement, the decision of ITC was right that Apple has been guilty for infringing Samsung devices and Samsung is still able to sue Apple in the ITC, but it was failed because of the veto. This patent infringement case will lead to the impact of veto that affects the economic bilateral cooperation between U.S and South Korea. This research method is more focusing on collecting many details as possible, from forming the research question, data collection, and report the findings. The data is collected through literature reviews (books and journals), and trusted Internet sources (official websites and online newspaper). In this thesis, the researcher used two different perspectives (International Relations and International Law) to analyze the case deeper. The research already concluded that FRAND agreement should be reviewed in the future and there is no significant impact to economic bilateral cooperation between U.S and South Korea.

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