[Bbanggubneun Tajagi] When Asked About Art Stories, Patents and Intellectual Property Came Up

[Asia Economy Reporter Park Byung-hee] Spanish painter Salvador Dal? (1904?1989) suffered a severe headache one day in 1931. It happened to be the day he had promised to go to the theater with friends. He sent only his wife to the theater and stayed home to rest. Alone at home, he stared blankly as the headache made the clocks appear to melt and distort. Dal?'s famous masterpiece, "The Persistence of Memory" (1931), was born from this experience.

The author of Reading Intellectual Property through Art offers an intriguing explanation of "The Persistence of Memory." "The drooping clocks can be seen as representing Dal?'s own unconscious and suppressed desires. They may symbolize the boredom of time standing still and a longing for eternal life. The clocks covered with ants symbolize death, and the clocks draped over olive branches are interpreted by many critics as a fear of impotence."

Just as one thinks this is an interesting story about an artwork, the article takes a slight detour. Somewhat abruptly, it shifts to the history of clocks. The first clock that announced time with a bell was made in Milan, Italy, in 1335. The first portable clock was created around 1500 by Peter Henlein, a locksmith in Nuremberg, Germany.

The story then moves on to a 2004 patent lawsuit between Swiss watch brand Swatch and the American retailer Target. Swatch claimed that Target infringed on the "trade dress" of its brand watches and sought damages. The author provides a detailed explanation of what "trade dress" means. It becomes clear that the ultimate goal of the article is to explain trade dress. The author used Dal?'s "The Persistence of Memory" as bait before circling back to the somewhat dry topic of trade dress.

The author of Reading Intellectual Property through Art has worked in patent and intellectual property-related roles for over 20 years at companies such as Dongbu HiTek. He currently serves as the head of the intellectual property team at semiconductor company TES and is also an adjunct professor at Dongguk University Graduate School of Intellectual Property.

To explain patents and intellectual property, the author uses his extensive art knowledge as bait. It is like a middle school math teacher who, on a drowsy spring afternoon, tells a long story about his first love to sleepy students before saying, "Now that you're awake, let's start class." Perhaps even this math teacher preferred telling stories to teaching math. The art-related stories used as bait are quite fascinating. The author has personally studied art history for years and lists over 120 art-related reference books at the end of the book.

We now live in an era where innovation based on creativity is required. It has become difficult to succeed without assets in a solidified capitalist system. Yet paradoxically, it is also an era where a single brilliant idea can make a fortune. To succeed with a brilliant idea in a solid capitalist system, one must understand intellectual property.

This is evident in the case of Wayne Fromm, a former employee of a Canadian toy company. He developed the selfie stick and sold it under the trademark "Quick Pod," making a large profit. However, he missed the opportunity to earn more as Chinese knockoffs flooded the market.

Fromm could not claim damages against the Chinese knockoffs due to the "principle of patent independence by country." This principle means that a patent registered in one country is effective only within that country’s jurisdiction. When Fromm filed his patent in 2005, he only applied for patents in the U.S. and Canada due to cost concerns. Therefore, he could not challenge the Chinese products.

The bait the author uses to introduce the selfie stick story is Rembrandt's 1669 self-portrait. Selfies or self-portraits, after all...

(Reading Intellectual Property through Art / Park Byung-wook / Goodplusbook)