• 한국통신학회논문지
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• 제26권7A호
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• pp.1284-1289
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• 2001

The characteristics of the intellectual property right(IPR) conflict with standardization. This is because standardization aims to achieve the common use of technology while IPRs aim to protect the proprietary right on technology. The license to use IPR should be granted so that standards can be used without an infringement. IPR policies have common characteristics in most parts of their contents and also different application methodologies. The ultimate object of IPR policy is to receive license grant. In this paper, significant typical IPR policies of main standardization organizations are comparatively analyzed. The overall objective of the IPR policy is to make strategic environment for license grant. IPR disclosure becomes the best practice to acquire license grant. With this practice, the action to licensing refusal becomes one of the main strategic factors of IPR policies.

• Ocean and Polar Research
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• 제29권1호
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• pp.43-53
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• 2007

Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.

• 기술사
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• 제29권3호
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• pp.34-41
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• 1996

• International journal of advanced smart convergence
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• 제10권3호
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• pp.181-186
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• 2021

Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

• 무역상무연구
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• 제17권
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• pp.227-250
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• 2002

This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

• International Journal of Knowledge Content Development & Technology
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• 제10권1호
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• pp.71-82
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• 2020

Nigeria Copyright Commission is saddled with the responsibility of ensuring adherence to the copyright law in Nigeria. However, it has been observed in the last decade that copyright right issue is still rampant in Nigeria. Therefore, this study analyzed cases that the Commission in involved in between years 2008 to 2018. The study adopted citation analysis. The study collected data from three selected law reports, which include Intellectual Property Law Reports, Nigerian Weekly Law Reports and Nigeria Law Intellectual Property Watch. It was found that Nigerian Law Intellectual Property Watch has the highest number of reports of cases involving Nigerian Copyright Commission while none was reported by Nigerian Weekly Law Reports. It was also found that most of the cases handled by the Commission were on copyright infringement. The study concludes that Nigerian Copyright Commission has been paying credible attention to issue that surrounds software infringement but there has been little attention paid to book piracy. Moreover, it was established that the poor attention given to book piracy may entrench the publication of pirated copy and would subsequently lead to poor library service provision at the long run.

• 통상정보연구
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• 제13권3호
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• pp.489-510
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• 2011

한국과 EU는 2007년 5월에 FTA 협상을 시작하여 2011년 7월 1일 자로 한 EU FTA가 잠정 발효되었다. EU는 2007년 1월에 루마니아, 불가리아의 추가 가입으로 27개 국으로 확대 개편되어 세계최대의 선진화된 단일 경제권으로 등장하였으며, 한국에게는 중국에 이어 제 2위의 교역파트너가 되었다. 일반적으로 FTA가 포함하고 있는 분야는 체약상대국들이 어떤 나라인가에 따라 상당히 다른 양상을 보인다. 오랜 역사적 전통에 따른 문화적, 학문적 자산과 상대적으로 오랜 기간 동안 축적해온 경제적, 산업적 기반을 가진 EU는 여러 가지 부문 중에서 지적재산은 단순한 보유자산의 의미를 넘어 보다 능동적으로 사용할 수 있는 자산이라는 인식이 확산되면서 이를 통해 구체적 이익을 창출하고자 노력하고 있다. 한 EU FTA에 포함된 지적재산권은 저작권 및 저작인접권, 상표, 지리적 표시, 디자인, 특허 등이다. 전체적으로 지리적 표시를 제외하면 한국에 유리한 면이 있지만, EU의 지적재산권 보호에 대한 관심이 높기 때문에 향후에도 많은 요구가 있을 것으로 판단된다. 따라서 협정에 나타난 지적재산권의 보호와 특정에 대해 살펴보는 것은 꼭 필요한 일이 될 것이다.

• 한국중재학회지:중재연구
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• 제31권3호
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.77-98
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• 2021

International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

• International Journal of Computer Science & Network Security
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• 제22권2호
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• pp.424-435
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• 2022

When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.