• Title/Summary/Keyword: Intellectual Property Right

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Bad Faith Intent in Internet Address Resources Act (인터넷주소자원에 관한 법률 제12조에 규정된 부정한 목적의 해석 : 대법원 2013. 4. 26. 선고 2011다64836 판결을 중심으로)

  • Park, Young-Gyu
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.129-148
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    • 2014
  • Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet "cybersquatting", a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, (1) the trademark or other intellectual property rights of the person, if any, in the domain name, (2) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, (3) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, (4) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name, (5) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, (6) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct.

A Study on the Cases of Merchandising and Suggestions for Improving Competitive Power of Traditional Liquor (전통주류 상품화 사례 및 경쟁력 제고 방안 연구)

  • Jun Young-Mi;Ahn Yoon-Su;Kim Mi-Hee
    • The Korean Journal of Community Living Science
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    • v.17 no.2
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    • pp.3-14
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    • 2006
  • This study intends to offer suggestions for improving the security and competitive power of traditional liquors by investing in the status of intellectual property rights. Merchandising and the marketing strategies of traditional liquor are also addressed. The data was collected through a questionnaire survey given to 101 CEOs of traditional liquor manufacturers. The major results of this study were as follows: The management types of traditional liquor manufacturers were classified as the company 57 (56.4%), the corporation or the union 29 (28.7%), domestic industry 10 (9.9%), and marketing community or technology center 5 (5.0%). The competitive power degree of traditional liquor products was classified as strength 30 (31.6%), usual 30 (31.6%), weakness 35 (36.8%). The elements of strong competitive power were taste, functional (wellbeing) character, and attractiveness of the brand name. On the other side, reasons for weakness in competitive power were the marketing system, price competitiveness, and advertisement. The trademark registration of the traditional liquor appeared with 53%. The reasons not to pursue a trademark registration included the complicated and unnecessary process of registration acquisition, high registration expenses, etc. The perceptions of CEOs about the consumer's brand awareness for their product were low with an average 2.97. Explanations included insufficient advertisement and public relations, unrefined trademark design, and the meaninglessness of brand names. The marketing strategy of traditional liquor manufacturers according to annual sales were as follows: Manufacturers with high sales emphasized marketing strategies that focused on functional character, traditional image, high quality in image and package materials and design, high price strategies based on quality, and various sale promotions.

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A Study on the Registration of Patent and Utility Models by Fashion Firms in Korea -Focus on IPC A41B and A41D- (패션기업의 특허.실용신안 등록현황에 관한 연구 -IPC분류코드 A41B와 A41D를 중심으로-)

  • Kim, Yong-Ju
    • Journal of the Korean Society of Clothing and Textiles
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    • v.35 no.2
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    • pp.192-205
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    • 2011
  • This study analyzed the registration of patent and utility models by fashion firms in Korea. A total of 2,291 registration cases of IPC A41B-H from the period of 1996 to 2009 were collected by KIPRIS of the Korean Intellectual Property Organization (KIPO). All cases were analyzed by year to review the longitudinal trend and 481 cases of IPC A41B (shirts, underwear, baby linen, and handkerchiefs) and 1088 cases of IPC A41D (outerwear, protective garments, and accessories) were analyzed by content (provided benefit type and developing method), by detailed product items and the characteristics of the applicant. The results of this study were as follows: 1) Registration of IPC 41 increased steeply by the year (especially since 2006) and the patent registrations increased more than those in the utility model. 2) Analyzing the application content of A41B on the basis of benefit showed that 75% were to provide new functions and the rest were for health. In terms of the developing method, 83% of benefit provided by the application were by design development, 11.2% were by material, and the rest was by process, In the cases of IPC A41D, 23.6% were for safety and protection. In terms of the developing method, the process and material development were more frequently adopted than in the cases of A41B. 3) The major product types of A41B were socks, underwear, and infant wear, whereas gloves and parts of clothing were major items in A41D. 4) In terms of the characteristics of the applicant, registration by firms was greater for patents than for utility models and registration by foreigners increased in 2006 due to the complete opening of the retail market. 5) Fifteen universities registered for a total 57 cases and major applications were for IT related clothing or high-tech protective items.

Study on Procedure for Escrow Account to Resolve Controversy of Intellectual Property Right of Software for Rolling Stock (철도차량 Software 지적 재산권 분쟁 해결을 위한 Escrow Account 적용 절차에 대한 연구)

  • Park, Jun-Hyung;Cho, Chi-Hwan;Kang, Chan-Yong
    • Proceedings of the KSR Conference
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    • 2008.06a
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    • pp.1479-1485
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    • 2008
  • This paper shows the result of study on the detailed applicable procedure of software Escrow account applied for rolling stock. The customer as end-user requires software source code, related critical technical documents etc. about software based system of train for maintenance purpose through software modification and enhancement after completion of warranty period. Otherwise, it is not easy to keep up with the customer's requirement of demanding supplier's exclusive information because it is considered as intellectual property rights of supplier as software developer. Therefore, the main contractor(normally called as Car-builder) need to introduce software Escrow service in order to coordinate the different a standpoint between software developer and end-user. Software Escrow is a legal arrangement in which an software Escrow packages (software source code, software development tool, build process, proprietary information, copyright and etc.) is deposited into and Escrow account under the trust of a reliable third party (Escrow agent) depending on mutual agreement on Escrow contract condition as signing off Escrow agreement document. This paper deals with the study on the detailed procedure about the following general category of Escrow procedure and purpose to apply this specific procedure of Escrow into the future project onward.

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A Study on Licensor's Obligation of Providing Licensed Technology and Licensee's Obligation of Paying Royalty in International Technology Transfer Contract (국제기술이전계약에서 라이선서(Licensor)의 실시권 부여와 라이선시(Licensee)의 실시료 지급의무에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.29-55
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    • 2014
  • Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

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IPMP information editing system of MPEG-4 authorizing tool base for digital contents management and protection (디지털 콘텐츠 보호 및 관리를 위한 MPEG-4 저작도구 기반의 IPMP 정보 편집 시스템)

  • 박철민;최종근;김광용;홍진우;정회경
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2004.05b
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    • pp.225-228
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    • 2004
  • Digital contents is used already in near place with us. Contents of MPEG-4 standard is used to process multimedia data in field of communication, computer, broadcasting mobile etc. However, absence of copyright management and protection system and interoperability problem of right system between each corporation happened. Because MPEG establish IPMP(Intellectual Property Management and Protection) system standard in agreement with MPEG-4 system standard, proposed cooperation method to manage and protect copyright. Accordingly, in this paper, put in copyright of authorized contents management and protection extension system implementation adding MPEG-4 IPMP system like plug-in into existing MPEG-4 authorizing tool. Therefore, author edits IPMP information to protect contents or object, and process the information in system and authorize MPEG-4 digital contents that have management and protection sign according to IPMP standard. This system designed and implemented to divided into IPMP information save processor, IPMP information creation processor, media IPPM processor, XMT-A to MP4 converter IPMP extension.

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Exporting and IPR Creation Use of Firms (기업의 수출활동과 지식재산권 창출활용)

  • Rho, Sung-Ho
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.9 no.7
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    • pp.891-900
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    • 2019
  • In this paper, we investigate the relationship between IPR creation and export activity. And we try to examine the effects of IPR use as innovation on export performance. The dataset used in the empirical analysis are the annual "Survey of Business Activity(2006~2014)" panel data which include total of 6,144 samples of firms. Data set includes the sample characteristic such as employee, industry, export performance, possession/use/development of IPR. According to analysis results, this paper confirms that R&D and export activities of firms make positive effects on IPR creation. In addition, this paper finds that IPR use of firms make positive effects on firm's export performance. Exporting firms achieve higher export performance by developing new products and processes to enter and compete in overseas markets. In addition, exporting firms can achieve higher performance by using intellectual property rights to appropriate innovation outcomes in foreign markets and to exclude the possibility of patent disputes in advance.

Design of License Management Model for super-distribution between DRM Consumers (DRM 사용자간 재배포를 위한 라이센스관리 모델 설계)

  • Lee, Byung-Wook;Liu, Zong-Hua
    • Journal of Internet Computing and Services
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    • v.8 no.3
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    • pp.9-17
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    • 2007
  • Super-distribution is essential for revitalization of digital contents industry in DRM system. Since existing DRM systems emphasize on security for intellectual property rights, it became restrictions to content distribution and the consumer rights. This paper suggests license management mechanism which strengthen super-distribution between consumers. It is to manage distribution history for each content by inserting consumer's identification information in content head. Client can verify security by comparing header and license after issuing license. It classifies the type of distribution and license, and then applies adaptive distribution methods. It can revitalize contents distribution by releasing proper license for super-distribution.

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A Study on Developing the Designs of Handle for Personal Locker (개인사물함 손잡이 디자인개발 연구)

  • Cho, Sook-Kyung
    • Journal of the Korea Furniture Society
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    • v.27 no.2
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    • pp.104-110
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    • 2016
  • The aim of this study is to develop and suggest the handle for lockers according to the design process which are used for keeping of student's personal stuffs such as books, writing implements and gym uniform in elementary, middle and high school and university as well. This includes the design development for ILGUMTUR which is specialized for office furniture, but does not own the intellectual property right yet. The design concept based on the domestic locker market survey is recessed handle at low- to intermediate price and it's material should be plastic what is solid and light. The lock system should be constructed by molding process and the name plate can be exchanged every time the owner of locker changes. Contrary to the right angle of it's external appearance, the handle of the locker is designed to be softly round and the simplicity is pursued for an easy production. On the basis of this design concept the sketch has been drawn and upgraded in full by 3D-rendering. Then the mock-up has been completed by 3D printer and ILGUMTUR has obtained a patent for the locking system based on the rotation of 2 circles.

A Study on Work Sectors of the Private Investigator Service (민간조사제도의 업무영역 연구)

  • Park, Ok-Cheol;Kim, Rag-Ki
    • Journal of the Society of Disaster Information
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    • v.7 no.3
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    • pp.229-239
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    • 2011
  • The private investigator service in Korea is to protect our legal market from personal right, creation of job, legal opening via OECD and FTA as well as the prevention of negative private investigation such as service center and private investigator operated without any control. Therefore, this study compares the civil research systems of advanced countries, reviews the legal process to introduce private investigator service as well as considers the previous studies to suggest the work sectors of private investigator service appropriate to Korea. As a result, it distinguished the private investigation work into corporate, finance, insurance, medical service, Cyber, traffic accidents, intellectual property right, lost and forensic science.