• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.1013-1032
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• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

• 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.

• Journal of Distribution Science
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• v.13 no.10
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• pp.15-21
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• 2015

Purpose - This study examines a bundling effect on production and distribution in a patent-protected industry. Despite the heavy use of bundling strategies in the information and technology industry, literature has paid scant attention to bundling of intellectual property rights. This study examines a theoretical exploration of the bundling effect on licensing behavior. Research design, data, and methodology - To address this behavior, we build a simplified model consisting of three stages: 1) bundling decision, 2) licensing agreement, and 3) competition. The subgame perfect Nash equilibrium is applied to the model. Results - A single-patent holder with superior technology grants its own license to the multiple-patent firm, thereby leaving the market. Anticipating the single right holder's licensing strategy, the multiple-patent firm offers a bundle, making the single-right holder's bargaining position weaker. Conclusions - Bundling is an effective business strategy, resulting in multiple products for a firm as it faces other firms with single-product lines in each market. Taking advantage of the multi-patent or multi-product lines, the firm utilizes the bundling strategy obtaining better technology from the standalone single-patent firms.

• The Journal of the Korea Contents Association
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• v.5 no.6
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• pp.368-377
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• 2005

The Internet technologies allows anybody who has connect a network to access various multimedia information. But, it brings new issues about the violation of intellectual property and copyright of multimedia contents. Digital right managements have been actively studied as approaches to solve them. In this paper, we propose license-based schemes for the protection of contents and its rights on digital right management. The proposed schemes provide limited distribution and superdistribution of contents, and guarantee to securely use contents by usage rules.

• 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.

• Knowledge Management Research
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• v.11 no.1
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• pp.65-81
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• 2010

This paper explores the determinants of the economic value of patents using a survival time analysis. The analysis is based on renewal information of about 250,000 patents filed from 1984 to 2005 in the Korea Intellectual Property Office. A patent right is valid only when its owner pays yearly maintenance fees. Failure to pay causes patent rights to be lapsed. We use the fact that more valued patents live longer and the lengths of their renewals can be closely related to their value. The value can be affected not only by its own technological aspects such as quality and breadth, but also by characteristics of its owners such as innovativeness and age. This paper presents patent-specific and firm-specific characteristics which influence patent value. The result of analysis implies that patent value depends on both the technological contents of the patent and general capabilities of a firm.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.21-49
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• 2015

This study primarily concerns the various franchisor's duties provided under the Draft Common Frame of Reference (here-in-after DCFR) in comparison with those under Korean law. It particularly focuses on the followings. First, it scrutinizes the rules on the scope of application in a comparative way, focusing on the following questions; what is the definition of a franchise contract and what are the essential elements of such contract. Second, it investigates in a comparative way the provisons as to the franchisor's contractual duties as follows; 1) a duty to collaborate actively and loyally and coordinate their respective efforts, 2) a duty to provide the franchisee with adequate and timely information before the contract is concluded, 3) a duty to grant the franchisee a right to use the intellectual property rights, 4) a duty to provide the franchisee with the know-how, 5) a duty to render the franchisee with assistance, 6) a duty to ensure the products ordered by the franchisee are supplied, 7) a duty to provide information during the performance, 8) a duty to warn the franchisee decreased supply capacity, 9) a duty to make reasonable efforts to promote and maintain the reputation of the franchise network. Its emphasis is particularly put on the rationals, the contents and the nature of such duties. Third, this study provides legal and practical advice to the contracting parties when they intend to insert either the DCFR or Korean law in their contract as a governing law.

• 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.

• Korean Institute of Interior Design Journal
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• v.23 no.3
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• pp.134-143
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• 2014

The protection of Design is very important issues in these days. Even though Interior Design is also one of important design sections, it is relatively unprotected by formal intellectual property laws, yet creativity and innovation flourish. The needs for protection of Interior Design have been creased. The aim of this study is to suggest the weakness of the system for protection of Interior Design. The proposed research is comprised of two themes. One is to research Acts related to protection of Interior Design. The second is to study the registered cases under the Design Protection Acts. These two theme is generated by the comparative review between ROK and U.S.A. Through these comparative results, this study propose some considerations for an effective protection for Interior Design. Design need to be registered in the hole image of the space not a partial element. The concept needs to be protected because it is more effective way to respond the copying. Exterior for facade and Interior Design need to be registered in one registration to use the protection system actively.