• Title/Summary/Keyword: 수용적 침해

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Recast of the EU patent law system and its Lessons (유럽연합 특허시스템의 대대적 변혁과 그 교훈)

  • Kim, Yong-Jin
    • Journal of Legislation Research
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    • no.54
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    • pp.303-343
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    • 2018
  • In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

A Development Technique for Application Software Based on Intrusion Tolerant Requirements (침입감내 요구사항을 수용한 응용 소프트웨어 개발)

  • Kim Chul Jin;Lee Sook Hee;Cho Eun Sook
    • Journal of Korea Multimedia Society
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    • v.8 no.2
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    • pp.233-248
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    • 2005
  • An intrusion tolerant technology has been introduced as a solution to prevent intrusion accident for unknown fragility or attack. However, a systematic modeling technique is not applied into a system design and development based on intrusion tolerant technology. Especially, elements such as availability, integrity, reliability, confidentiality, and so on are important requirements in intrusion tolerant system. Nevertheless, current most of UML-based modeling techniques pass over or don't provide design techniques reflecting those requirements. Therefore, we know these weaknesses and propose both profile and design technique reflecting and applying intrusion tolerant requirements systematically in the development of application software based on intrusion tolerance. We expect that proposed technique can extend not only current UML's limitations but also can improve the quality of application software based on intrusion tolerance.

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An analysis on the possession and infringement of copyright on the contents-related contest exhibit (콘텐츠 관련 공모전의 저작권 소유와 저작권 침해 분석)

  • Park, Keong-Cheol;Jung, Sun-Mee
    • Cartoon and Animation Studies
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    • s.29
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    • pp.243-266
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    • 2012
  • As contest exhibits have been activated, a variety of organizations are holding contest with various purposes. Analysis on the guidelines prepared by various sponsoring bodies ranging from public organizations to privately owned businesses shows that sponsoring bodies tend to possess copyrights of entries. Parts of guidelines of contest exhibit are the contract. While sponsoring body shows its opinion on copyright through guidelines, individual participant tends to consider it simply as a form to submit for contest exhibit rather than a contract. Now is the time to bring out a question in respect of the copyright on the contest exhibit. The important fact is that copyright on corporate contents is important, but copyright on individual contents is equally important and it must be protected and respected. This study aims to bring out a question on copyright by analyzing possession and infringement of copyright that stands forth in the guidelines of contest exhibit. Provisions on copyright of contest exhibit play a role as a contract. Provisions on copyright of contest exhibit shall be the ones which can be understood and accepted by both sponsoring body and winner who are the A and B of a contract. For this, change in perception of sponsoring bodies ranging from public organizations to privately owned businesses with prominent position is strongly required. For the foregoing, First, Indication of Copyright: Clear and concrete terms must be used. Second, Scope of Interpretation: Concrete and detailed indication must be made for preventing indication that allows comprehensive interpretation. Third, Cost for Author's Property Right: In case sponsoring body needs to possess or use the author's property right of prize-winning work, proper rights on use considering prize money corresponding to possession or use of author's property right must be indicated. Fourth, Term of Use: The term for using author's property right must be indicated. Fifth, Scope of Rights: The scope of author's property right that sponsoring body requires must be limited and indicated. Sixth, Mutual Respect: Items related to copyright must be indicated on the basis of the concept of bilateral contract founded on mutual consideration and respect, not on the concept of unilateral contract.

A Study on Service Models for the Building of Open Educational Resource Service System (교육정보 자유이용체제 구축을 위한 서비스 모델에 관한 연구)

  • Park, Jung-Ho;Kang, Jang-Mook
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.11 no.2
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    • pp.73-81
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    • 2011
  • In this paper, we studied on the building models of open educational resource service system for download or upload their own educational content to be shared with the others without worrying about copyright infringement. We first analyzed the building models of the international OER(Open Educational Resource) service sites. And then, based on these results, we present the new service models suitable to be built the open educational resource service system in phases. The proposed models have the flexibility to accommodate the needs of users and have the advantage that the copyright-related issues of the existing 'National Educational Information Sharing System' could be solved step by step.

Inverse Agonists at $A_1$ Adenosine Receptors in Rat Cerebral Cortex (흰쥐의 뇌의$A_1$ 아데노신 수용체에 작용하는 역효현제에 관한 연구)

  • Park, Kyung-Sun;Yang, Wan-Suk;Kim, Kyung-Hwan
    • The Korean Journal of Pharmacology
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    • v.32 no.1
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    • pp.23-29
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    • 1996
  • According to the traditional receptor model, competitive antagonists share with agonists the ability to bind to a common site on receptors, but they are different from agonist in that they cannot trigger the biological response-i.e., they lack intrinsic efficacy. Recent findings extend the model by indicating that not all antagonists display an intrinsic efficacy of zero but that some display 'inverse agonism'. In the present study we studied the inverse agonism at $A_1$ adenosine receptors in membranes prepared from rat cerebral cortex. Eight commercially available $A_1$ adenosine receptor antagonists (CGS-15943, ADPX, CPT, DPCPX, DPX, N-0840, PACPX and 8-PT) were screened for inverse agonism by measuring the extent of $[^{35}S]guanosine-5'-({\gamma}-thio)$ triphosphate $([^{35}S]GTP_{\gamma}S)$ binding to G proteins. The agonist-induced stimulation of $[^{35}S]GTP_{\gamma}S$ bindings was completely blocked in the presence of $A_1$ adenosine receptor antagonists. Under optimal conditions, two types of antagonists could be distinguished. Seven antagonists including DPCPX decreased the basal $[^{35}S]GTP_{\gamma}S$ binding in the absence of agonist, displaying inverse agonist activity. One (CGS-15943) had no effect on the basal bindings. N-ethylmaleimide treatment reduced the basal bindings as well as agonist-mediated stimulation of $[^{35}S]GTP_{\gamma}S$ bindings, indicating that a substantial amount of this binding reflects an activated state of the C proteins. In good agreement with these findings, 0.1 mM GTP decreased the apparent affinity of the receptors for the agonist PIA, increased that for DPCPX, and had no effect on that for CGS-15943.

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The Influence of State on the Structure of PSB and Broadcasting Regulatory Body Survey on Political Independence of Broadcasting (방송의 정치적 독립성 확보를 위한 미디어 정책 방향 연구)

  • Choi, Young-Mook;Park, Seung-Dae
    • Korean journal of communication and information
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    • v.46
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    • pp.590-626
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    • 2009
  • The limitation and scarcity of broadcasting waves provide important rationale behind the idea of public ownership of broadcasting waves which can facilitate communications among people with diverse backgrounds and values in the society. Independence of broadcasting industry from the regulatory organization is imperative for the broadcasting industry to serve the public interest that has been historically defined by each county. For the Korean broadcasting industry, history of modern Korea taught us that the broadcasting regulatory organizations such as Korea Communications Commission(KCC) should be kept from any political influence for the industry to best serve the public. Recent controversies on the role of the CEO of KBS and the appointment of the CEO of YTN by the president of the country provide evidence that the independence of broadcasting in Korean society is a critical topic. This study examined the corporate structures of broadcasting industry and the political independence of the industry in relation to the changes in the concept of public interest and the role of broadcasting. It is critically important to investigate the political independence of broadcasting in Korea because the core argument of independence of broadcasting which is about the freedom of expression protected by the constitution is still contested in the country. For the purpose of collecting diverse perspectives on broadcasting, survey method was adopted in this study. Three groups Abstracts 697 of participants were recruited: reporters, experts in the field, and regular citizens. The result indicated that the independence of broadcasting was in the process of deterioration. Also, the participants of the study understood that it was impossible for the broadcasting to serve the public interest when the broadcasting was not free from the influence of regulatory institutions such as KCC.

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Legal Issues of Urban Parks as a Reservation Area in the Initial Legislation on Urban Parks in Korea and the Implementation of the Park Act (1967~1980) (우리나라 도시공원 관련 초기 법률 입안과 「공원법(1967~1980년)」 시행과정에서 나타난 유보지로서 도시공원에 관한 제도의 문제)

  • Oh, Chang-Song
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.3
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    • pp.103-116
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    • 2018
  • The Park Act (1967~1980) was the first law to define urban parks in Korea. The urban parks of that time were similar to a reservation area used for other purposes after giving regulation. Because 'the urban park as a reservation area' in the past is a repeated park issue in the present, it is necessary to consider the issues of the original law system that created the cause. From this perspective, this study analyzed the legislation to reserve an urban park by collecting bills and information about the factual relationship between 1960 70s park issues and the Park Act. Analysis showed that the reason for the adoption of different kinds of urban parks in the law of a nature park is that a negative list separated from the Urban Planning Act is required to curb private usage. Inherent in the Park Act, however, was the problem of allowing the encroachment of urban parks by governmental power. (1) The Park Act sets out a wide range of cases to abolish urban park. (2) Unclear setting of governmental power could abuse the urban park. (3) Insufficient standards were able to erode the urban park with large for-profit facilities. (4) The inactivity of the Urban Public Park Committee had reduced democratic decision-making and professional judgement on park issues. Therefore, the Park Act was characterized as infringing on the environment and right to urban parks and took a passive attitude in creating parks and in citizen usage thereof. The Park Act had limitations as a progenitor for establishing the characteristics and concepts of urban parks.

Effective Defense Mechanism Against New Vulnerability Attacks (신규 취약점 공격에 대한 효율적인 방어 메커니즘)

  • Kwak, Young-Ok;Jo, In-June
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.499-506
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    • 2021
  • Hackers' cyber attack techniques are becoming more sophisticated and diversified, with a form of attack that has never been seen before. In terms of information security vulnerability standard code (CVE), about 90,000 new codes were registered from 2015 to 2020. This indicates that security threats are increasing rapidly. When new security vulnerabilities occur, damage should be minimized by preparing countermeasures for them, but in many cases, companies are insufficient to cover the security management level and response system with a limited security IT budget. The reason is that it takes about a month for analysts to discover vulnerabilities through manual analysis, prepare countermeasures through security equipment, and patch security vulnerabilities. In the case of the public sector, the National Cyber Safety Center distributes and manages security operation policies in a batch. However, it is not easy to accept the security policy according to the characteristics of the manufacturer, and it takes about 3 weeks or more to verify the traffic for each section. In addition, when abnormal traffic inflow occurs, countermeasures such as detection and detection of infringement attacks through vulnerability analysis must be prepared, but there are limitations in response due to the absence of specialized security experts. In this paper, we proposed a method of using the security policy information sharing site "snort.org" to prepare effective countermeasures against new security vulnerability attacks.

Legal and Technical Issues of Using Location Information for Police Rescue (경찰 위치추적권 활용의 법적·기술적 문제와 개선방안)

  • Park, Kwang-Ju;Jang, Yun-Sik;Park, Ro-Seop
    • Korean Security Journal
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    • no.53
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    • pp.211-228
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    • 2017
  • In May 2012, the police was empowered to electronically obtain location information of mobile devices from the telecommunication service provides for the purpose of rescue by the Act on the Protection, Use, ETC. of Location Information, after years of pressure with repeated serious violent crime outbreaks and controversy concerning the risk of breaching privacy. This study examines the environmental, legal, and technological challenges related to location tracking at the time of five years after the amendment of the law. The bottom line of police's locating power is to secure the lives of people in deadly emergent circumstance. Therefore, location tracking using given information should be swiftly proceeded after consideration and judgment of justification in timely manner to electronically request information to mobile carriers, and it is necessary to have somewhat flexibility of interpretation to be applied to diverse situation. In addition, location tracking technology should be continuously updated through cooperation with the stake-holders. Recognizing substantial problems in practice, we identified and explored the issues including obtaining prior consent for tracking the user's location in case of emergency, confirmation of emergency situation requiring police presence, qualification of legitimate requester, and limited applicability in various circumstances, which are required to reconsidered in conjunction with the personal information protection laws. Additional practical issues may include the expenses for information provision and other incentives to promote active cooperation by the telecom companies.

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The Aesthetics of Conviction in Novel and Film Mephisto (소설과 영화 속 '메피스토'의 사상성 미학)

  • Shin, Sa-Bin
    • Journal of Popular Narrative
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    • v.25 no.1
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    • pp.217-247
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    • 2019
  • This research paper intends to examine the intertextuality of Klaus Mann's novel Mephisto (1936) and István Szabó's film Mephisto (1981) and how the derivative contents (i.e., film) accepted and improved the schematic aesthetics of conviction in original contents (i.e., novel). In general, the aesthetics of conviction is applied to criticize the state socialism of the artists of the Third Reich or the ideology of the artists of East Germany from a biased ethical perspective. Mephisto is also based on the aesthetics of conviction. Thus, it would be meaningful to examine the characteristic similarity and difference between Klaus Mann's real antagonist (i.e., Gustaf Gründgens) and fictional antagonist (i.e., Hendrik Höfgen) from a historical critical perspective. In this process, an aesthetic distance between the real and fictional antagonists would be secured through the internal criticism in terms of intertextuality. In this respect, the film aesthetics of István Szabó are deemed to overcome the schematic limit of the original novel. The conviction in both the novel and film of Mephisto pertains to the belief and stance of a person who compromised with the state socialism of Nazi Germany, i.e., succumbed to the irresistible history. Klaus Mann denounced Mephisto's character Höfgen (i.e., Gründgens in reality) as an "Mephisto with evil spirits" from the perspective of exile literature. For such denunciation, Klaus Mann used various means such as satire, caricature, sarcasm, parody and irony. However, his novel is devoid of introspection and "utopianism", and thus could be considered to allow personal rights to be disregarded by the freedom of art. On the contrary, István Szabó employed the two different types of evil (evil of Mephisto and evil of Faust) from a dualistic perspective (instead of a dichotomous perspective of good and evil) by expressing the character of Höfgen like both Mephisto and Hamlet (i.e., "Faust with both good and evil spirits). However, Szabó did not present the mixed character of "Mephisto and Hamlet (Faust)" only as an object of pity. Rather, Szabó called for social responsibility by showing a much more tragic end. As such, the novel Mephisto is more like the biography of an individual, and the film Mephisto is more like the biography of a generation. The aesthetics of conviction of Mephisto appears to overcome biased historical and textual perspectives through the irony of intertextuality between the novel and the film. Even if history is an irresistible "fate" to an individual, human dignity cannot be denied because it is the "value of life". The issue of conviction is not only limited to the times of Nazi Germany. It can also be raised with the ideology of the modern and contemporary history of Korea. History is so deeply rooted that it should not be criticized merely from a dichotomous perspective. When it comes to the relationship between history and individual life, a neutral point of view is required. Hopefully, this research paper will provide readers with a significant opportunity for finding out their "inner Mephisto" and "inner Hamlet."