• Title/Summary/Keyword: Code of Conduct

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Unresolved Issues in Patent Dispute Evidence in Australia: Considering Arbitration as an Alternative to Litigation

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.26 no.3
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    • pp.121-147
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    • 2016
  • Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

Novel Adaptive Blanking Regulation Scheme for Constant Current and Constant Voltage Primary-side Controlled Flyback Converter

  • Bai, Yongjiang;Chen, Wenjie;Yang, Xiaoyu;Yang, Xu
    • Journal of Power Electronics
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    • v.17 no.6
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    • pp.1469-1479
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    • 2017
  • Primary-side regulation (PSR) scheme is widely applied in low power applications, such as cell phone chargers, network adapters, and LED drivers. However, the efficiency and standby power requirements have been improved to a high standard due to the new trends of DOE (Department Of Energy) Level VI and COC (Code Of Conduct specifications) V5. The major drawbacks of PSR include poor regulation due to inaccurate feedback and difficulty in acquiring acceptable regulation. A novel adaptive blanking strategy for constant current and constant voltage regulation is proposed in this paper. An accurate model for the sample blanking time related to transformer leakage inductance and the metal-oxide-semiconductor field-effect transistor (MOSFET) parasitic capacitance is established. The proposed strategy can achieve accurate detection for ultra-low standby power. In addition, numerous control factors are analyzed in detail to eliminate the influence of leakage inductance on the loop stability. A dedicated controller integrated circuit (IC) with a power MOSFET is fabricated to verify the effectiveness of the proposed control strategy. Experimental results demonstrated that the prototype based on the proposed IC has excellent performance.

A study on Merchant Ship′s Security System for the Correspondence of Maritime Security Threats (해양보안위협 대응을 위한 선박보안시스템에 관한 연구)

  • 이은방
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.9 no.1
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    • pp.17-23
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    • 2003
  • With the terrorist attacks on 11 September 2001, the ships and their crew' safety and security have become a major issue in the maritime industries, In high-risk terrorism, not only ship owners and port authorities but also crew members on board should take precautions in the conduct of their business. In this paper, the vulnerability and essential elements in overall security of merchant ship are analyzed with a discussion in depth of the concept and principles of maritime security of merchant ship are analyzed with a discussion in depth of the concept and principles of maritime security management. And then, ship's security model and security system to reduce security rish and to minimize damage are proposed.

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A study on the effects and repeal of the block exemption for liner conferences (EU의 정기선 해운동맹 포괄면제 폐지와 그 영향에 관한 연구)

  • Choi, Byoung-Kwon;Shin, Gun-Hoon;Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.165-188
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    • 2010
  • The repeal of the block exemption for liner conferences and the abolition of any "special EC antitrust regime" for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far to the shipping industry and explains the causes of this historical change. Moreover, based on the precedents which have appeared so far, a general assessment is offered under this new EC regime on agreements restricting competition in the liner shipping industry, in particular horizontal ones: conference and tariff/freight arrangements will be doomed, whereas the legitimacy of consortia agreements should not be cast in doubt; a case-by-case analysis will be the approach as regards exchange or dissemination of information by shipowners in the market, and the relevant case law which emerges on these matters in other industries will be the criterion for their evaluation. Finally, a few remarks are made in respect of the international dimension of the decision to outlaw liner conferences and hence carve out EU Member States from the UN Code of Conduct regime.

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A Global Trend on the Accreditation for Mediators - Focused on the U.S. and European Countries - (조정인 인증제에 관한 국제적 동향 - 미국 및 유럽 국가들을 중심으로 -)

  • YI, LORI
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.121-142
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    • 2017
  • A study on the global trend of accreditation for mediators implies many important aspects of controlling of the quality of mediation. Firstly, whether or not having an accreditation system, most European countries and the U.S. have a common understanding on the fact that mediators need to be trained to mediate disputes, apart from their own expertise on the subject matters. Secondly, private-led accreditation has been utilized in countries having a Anglo-American law system such as the United Kingdom and the U.S. a while nation-managed one has been operated in the countries having a continental law system such as Austria, Belgium, Italy and Germany. Thirdly, private mediation service providers (usually institutions or companies) play an active role in the training and accreditation of mediators and further make them act as mediators in the disputes referred to them. Fourthly, the countries having a nation-managed accreditation system usually stipulate a certain mediation training and accreditation requirement by law. Fifthly, there is no uniform trend on the minimum hours of training required for accrediting the mediators. Sixthly, mediation training generally focuses on the practical mediation capacity-building, including mediation theory and role-playing, mediation simulations, peer review and supervision. And finally, the mediation theory mainly includes the role of mediator, mediation procedures, mediation communication, negotiation and communication skills, mediation ethics and mediator's code of conduct, etc.

A Comparative Study on Post-Occupancy-Evaluation (POE) of Apartment and Officetel Based on Habitability Indicators (거주성지표에 따른 아파트와 오피스텔 거주자의 거주후 평가 비교연구)

  • Jung, Seung-Woo;Park, Ji-Yeon;Kang, Bu-Sung
    • Journal of the Korean housing association
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    • v.24 no.2
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    • pp.53-60
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    • 2013
  • Recently, in Korea, single- or two-person households (50.5%) are becoming the primary family type due to increasing divorce rates, population aging, personal code of values and so on. Hence, small families will lead to a sudden increase of single- or two-person households. People searching for small houses are increasing because of the provision of officetels, one room and urban-life housing as well as economic recession. However, this has led to habitability problems, such as parking, storage space and decline in safety. In this study, we obtain the proper contents from LQI indicators of advanced research and use the indicators to evaluate the residential environment quality. We conduct a post-occupancy-evaluation (POE) survey and compare the habitability satisfaction level of apartment and officetel residents. According to the survey, officetel residents' satisfaction levels are low for the following factors in the order listed: ventilation, storage space, management expenses and facilities for children and the elderly.

Analysis of Blockchain Software Vulnerability against OS Command Injection Attack (블록체인 소프트웨어의 취약점을 이용한 OS 커맨드 인젝션 공격에 대한 연구)

  • Kim, Byoungkuk;Hur, Junbeom
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.29 no.2
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    • pp.309-320
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    • 2019
  • Blockchain has been developed as a key technology for many cryptocurrency systems such as Bitcoin. These days, blockchain technology attracts many people to adopt it to various fields beyond cryptocurrency systems for their information sharing and processing. However, with the development and increasing adoption of the blockchain, security incidents frequently happen in the blockchain systems due to their implementation flaws. In order to solve this problem, in this paper, we analyze the software vulnerabilities of Bitcoin and Ethereum, which are the most widely used blockchain applications in real world. For that purpose, we conduct an in-depth analysis of source code of them to detect software vulnerabilities, and examine an OS command injection attack exploiting the detected ones.

Modeling of Fracture Toughness Test Procedures for Metal and Rock Materials using LS-DYNA (LS-DYNA를 이용한 금속 및 암석 재료의 파괴인성시험 모델링)

  • Choi, Byung-Hee;Ryu, Chang-Ha
    • Explosives and Blasting
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    • v.35 no.1
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    • pp.27-33
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    • 2017
  • In this study, two fracture toughness test procedures are modelled for selected metal and rock on LS-DYNA, which is a commercial finite element code. The tests are conducted by using the 3-point bend test procedure for rectangular bar specimen. Because it takes a relatively long time to conduct the test, the implicit solver based on the Newmark method is adopted for the analyses. The values of stress intensity factor obtained from the analyses are 73 and $0.3MPa.m^{0.5}$ for the metal and rock material, respectively. It can be thought that the resulting small value of the fracture toughness of the rock material model well represents the brittleness of rock material.

The Principle of Good Faith under Uniform Commercial Code (미국 통일상법전상 신의성실의 원칙)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.135-178
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    • 2014
  • The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

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Evaluation method for interoperability of weapon systems applying natural language processing techniques (자연어처리 기법을 적용한 무기체계의 상호운용성 평가방법)

  • Yong-Gyun Kim;Dong-Hyen Lee
    • Journal of The Korean Institute of Defense Technology
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    • v.5 no.3
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    • pp.8-17
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    • 2023
  • The current weapon system is operated as a complex weapon system with various standards and protocols applied, so there is a risk of failure in smooth information exchange during combined and joint operations on the battlefield. The interoperability of weapon systems to carry out precise strikes on key targets through rapid situational judgment between weapon systems is a key element in the conduct of war. Since the Korean military went into service, there has been a need to change the configuration and improve performance of a large number of software and hardware, but there is no verification system for the impact on interoperability, and there are no related test tools and facilities. In addition, during combined and joint training, errors frequently occur during use after arbitrarily changing the detailed operation method and software of the weapon/power support system. Therefore, periodic verification of interoperability between weapon systems is necessary. To solve this problem, rather than having people schedule an evaluation period and conduct the evaluation once, AI should continuously evaluate the interoperability between weapons and power support systems 24 hours a day to advance warfighting capabilities. To solve these problems, To this end, preliminary research was conducted to improve defense interoperability capabilities by applying natural language processing techniques (①Word2Vec model, ②FastText model, ③Swivel model) (using published algorithms and source code). Based on the results of this experiment, we would like to present a methodology (automated evaluation of interoperability requirements evaluation / level measurement through natural language processing model) to implement an automated defense interoperability evaluation tool without relying on humans.

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