• Title/Summary/Keyword: Infringement Case

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Patent Infringement under Japanese Patent law: Comparative Study with Chinese Patent Law

  • Cai, Wanli
    • Asian Journal of Innovation and Policy
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    • v.7 no.3
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    • pp.606-624
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    • 2018
  • Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

Analysis of Information Security Issues and Classification through Metaverse Infringement Cases

  • Mi-Na, Shim
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.13-22
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    • 2023
  • In the age of Web 3.0, the metaverse is emerging as a new innovative element to replace the Internet. Leading major ICT companies, it is striving to become a metaverse platform or infrastructure-oriented company. Along with the expansion of the VR and AR market, governments of each country are investing large budgets in this field. However, security concerns about metaverse are also growing. In addition to potential damage to infrastructure, platform and services, personal information leakage and privacy damage are expected to increase further. In this study, we investigated and closely analyzed cases of infringement on the infrastructure, platform, and service of Metaverse. We have clearly identified the current state of metaverse security and the characteristics of the risks of greatest concern. The research procedure is composed of a method of determining the metaverse security area for case analysis first and deriving the type of threat by area through the type of infringement. In particular, the results were mapped into Domain, Case, and Threat, and the implications of the results were analyzed. Through these results, researchers want to contribute to finding the right direction of research by clearly understanding the latest metaverse security status.

A study of service control strategies against infringement accidents (침해사고 대응을 위한 서비스 제어전략에 관한 연구)

  • Shin, Young-Sun;Park, Jin-Sub;Park, Jung-Jin;Lee, Hee-Sung
    • Journal of the Korea Society of Computer and Information
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    • v.12 no.4
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    • pp.127-136
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    • 2007
  • With the construction of vast networks, Internet based services such as online games and Internet banking are steadily increasing. As dysfunctions of the trend, various threats from worms/viruses to hacking are proliferating and new types and variations of worms/viruses are emerging. In response to the problems, telecommunication carriers and the government we establishing systems to cope with infringement accidents and resultant damages. However, in case of nationwide emergencies like the 1.25 Accident, infringement may spread rapidly while analyzing what kind of infringement it is and that may result in enormous losses. Thus, the paper purposed to analyze the states of infringement accidents occurring at each network and coping methods and checklist, based on the results. and to propose strategies for controlling services in case of large scale infringement accidents.

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A Study on the Improvement of Patent Agent's Role in Patent Infringement Litigation (특허침해소송에서 변리사의 역할 개선 방안에 대한 연구)

  • Cho, Myunggeun;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.4
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    • pp.35-44
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    • 2018
  • Unlike other lawsuits, patent infringement litigation is a very difficult case to grasp without expert knowledge of the patented technology. The Patent Agent Act seems to recognize the legal representation of patent agent in Article 8, but the Constitutional Court and the Court have refused to recognize patent agent's legal representation right in the patent infringement suit. In this regard, constant controversy is taking place among patent agents and lawyers. This study examines the measures to enhance the effectiveness and professionalism of patent litigation in patent infringement litigation. This study analyzes the role of patent attorneys in patent infringement lawsuits in major countries and derive rational alternatives. As a result, it is inappropriate to restrict the attorneys' automatic acquisition of patent attorneys' qualifications or revise the patent attorneys' law in relation to the patent attorney's right of proxy. In the case of litigation parties, it is a desirable alternative to introduce a revised patent attorney system for the fundamental problem solving and to allow the litigants to reasonably choose the litigation agent.

A Study of Copyright Infringement in Video Works (영상저작물의 저작권 침해에 관한 연구)

  • Pyun, Seog-Hoan
    • The Journal of the Korea Contents Association
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    • v.7 no.6
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    • pp.107-118
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    • 2007
  • This study examined the standard how to deal with infringement of copyright legally, by looking at several examples of the infringement of copyright in local video works. When we look at precedents relating to copyrighted motion pictures, there are many times when two works seem quite similar but don't get conformed to the infringement of copyright by deliberating the similarities feebly. Although the Idea seems same, the creative expression is admitted and the substantial similarity is denied. For example, in the case of the soap opera, 'Kareiski', the court presented a standard of judgment by organizing the facts, based on the subjective element, dependence on proof and the objective element, the substantial similarity In the case of 'Fox and the Cotton Candy', the dependence on proof and the substantial similarity were examined as usual but when examining the substantial similarity, it was examined in more specific details. This case is a good reference for solving such a case in the future.

A Case Study on NAC System Implementation for Infringement Prevention of Information Assets (정보자산 침해방지를 위한 NAC 구축 사례 연구)

  • Song, Yung Min;Hong, Soon Goo;Kim, Hyun Jong
    • Journal of Korea Society of Industrial Information Systems
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    • v.19 no.6
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    • pp.107-117
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    • 2014
  • The importance of a network security to protect infringement of corporate assets has been issued due to the increasing various threats such as warm virus, vicious codes, and hacking. Thus, the goal of this research is to discover the procedure and methods for a NAC system implementation. In this case study, we suggest that the critical management issues during the implementing a NAC system as well as measure its performance in qualitative and quantitative perspective. The contribution of this paper is both to lead to the further research in this network security field and to provide a guideline for companies willing to introduce a NAC system.

Classification of NFT Security Issues and Threats through Case Analysis

  • Mi-Na, Shim
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.23-32
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    • 2023
  • Since NFTs can be used like certificates due to the nature of blockchain, their use in various digital asset trading markets is expanding. This is because NFTs are expected to be actively used as a core technology of the metaverse virtual economy as non-transferable NFTs are developed. However, concerns about NFT security threats are also growing. Therefore, the purpose of this study is to investigate and analyze NFT-related infringement cases and to clearly understand the current security status and risks. As a research method, we determined NFT security areas based on previous studies and analyzed infringement cases and threat types for each area. The analysis results were systematically mapped in the form of domain, case, and threat, and the meaning of the comprehensive results was presented. As a result of the research, we want to help researchers clearly understand the current state of NFT security and seek the right research direction.

A Feasibility Study on the Aid and Abet of Providers of Revenue for Copyright Infringement - Focusing on Comparing with the US Cases - (온라인 저작권 침해 수익원 제공자인 광고의 책임에 대한 연구 - 미국 사례와의 비교를 중심으로 -)

  • Kim, Chang-Hwa
    • Journal of Korea Technology Innovation Society
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    • v.20 no.4
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    • pp.1288-1308
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    • 2017
  • When looking at the online copyright infringement, the advertisements have served as a revenue source. Recently, copyright holders and state agencies have requested to stop and withdraw posting the ad. in order to prevent copyright infringement. This way is very easy and efficient. However, the problem is that it is not clear whether the request is appropriate. For the request to be valid, posting the ad. should be a kind of indirect infringement, or if not, it must have a suitable reason. If there is no basis or reason for the two, the request should not be asked recklessly. In the US relevant cases, something more than simple relationship with direct infringers or more material contribution to the direct infringement is required to impose secondary liability for copyright infringement. However, just posting the ad. cannot be considered as the close relationship and moreover, it is not material contribution. Thus, posting the ad. is not secondarily liable for copyright infringement. In addition, the bills which was proposed in 2011, so called SOPA and PIPA, had a provision which can stop and withdraw the ads in the piracy sites. Its opponents raised the following problems: withdrawing the ad. is the censorship, gives the burdensome to the sites, and causes the imbalance due to the overload protection of copyright. Also, under the ad blocker case, to remove the ad. discretionally consists of illegal activity or copyright infringement. As a result, because the request to stop and withdraw posting the ad. is not reasonable, the request should be asked carefully.

The Impact of Patent Infringement Litigation on Customer-Based Brand Equity

  • Chou, Ju Pin;Noh, Jeonpyo;Choi, Jiyeon
    • Asia Marketing Journal
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    • v.18 no.1
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    • pp.55-73
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    • 2016
  • With continuous news headlines related to patents in the public media, awareness of patents' value is spreading, and patents are valuable not only to a firm but also to consumers. Therefore, this study makes an effort to explore the theoretical mechanism of the effects of patent infringement litigation (PIL) on customers. More specifically, this study examines the influence of PIL on customer-based brand equity (CBBE) and brand innovation image (BII). Based on this study's findings, PIL's outcomes directly affect BII, which in turn indirectly affects CBBE. That is, people will evaluate a winning brand as a highly innovative brand, which contributes to higher brand equity. However, in regards to PIL's direct effect on CBBE, there are some differences between Apple and Samsung. In the case of Apple, the winner image positively affects only one dimension of CBBE, brand loyalty, while for Samsung, the plaintiff's image negatively affects brand loyalty.