• Title/Summary/Keyword: Intellectual Property Rights Disputes

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Preliminary research on esports of Northeast Asia part 1: Downfall of affect, 10 years history of Korean e-sports (동북아시아 e스포츠 현황에 대한 기초연구 1: 정동(affect)의 실각, 한국 e스포츠 10년사)

  • Lee, Yongbeom
    • Journal of Korea Game Society
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    • v.20 no.2
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    • pp.61-74
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    • 2020
  • Northeast Asia accounts for half of the world game market, worth $ 152.1 billion, and has abundant growth potential. Early e-sports in Korea could be formed through the distribution of affects of active participation of gamers and fans. Since then, the establishment of a corporate team has continued, securing stability as an industry. However, mediation rights, intellectual property disputes, and game manipulations continue, leading to a massive escaped of early fandom and the collapse of StarCraft-based ecosystems.

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.

Plagiarism dispute Cases of Fashion Design and Undergraduate Students' Perceptions Regarding Plagiarism of Fashion Design (패션디자인의 표절 분쟁 사례와 대학생들의 패션디자인 표절에 대한 인식)

  • Kim, Jang-Hyeon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.10
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    • pp.480-489
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    • 2020
  • Controversy and legal disputes over counterfeit fashion designs have recently arisen in the fashion industry. The purpose of this study is to examine cases of counterfeiting disputes over fashion designs, and how the perception of counterfeit fashion designs is fostered from the learner's point of view, suggesting implications for the counterfeiting problem. As a result of this study, first, counterfeiting disputes over fashion design started from a lack of utilization of the Design Protection Act and the ambiguity in counterfeit design criteria. Second, the negative perceptions of counterfeit designs were mainly about unethical behavior, inhibiting the growth of the fashion industry, and reducing consumers' willingness to buy the genuine article. Positive perceptions were mainly about the process of creation, the promotion of a developmental environment for the fashion industry, and the expansion of opportunities to promote new designs. The most common perception was the absence of clear criteria for judgments about counterfeiting. Third, the implications of the counterfeiting problem in fashion design require effective institutional improvement in the fashion industry, the establishment of standards to deal with counterfeiting, the development and practical introduction of education proposals regarding intellectual property rights, and changing the perception of counterfeiting in the fashion industry.

A Study on Patent Dispute Countermeasures of Chinese Companies (중국 기업의 특허분쟁 대응 방안에 대한 연구)

  • Park, Eun-Mi;Shim, Yun-Soo;Seo, Joung-Hae
    • Journal of Convergence for Information Technology
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    • v.11 no.1
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    • pp.102-108
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    • 2021
  • In this research, we would like to understand the measures to be taken in the event of a patent dispute by Chinese companies that are growing rapidly and competing with Korean companies in the global market, at a time when the fusion and compounding technology are accelerating. For this reason, the patent dispute countermeasures shown in the previous research were derived through deep interviews with experts, and a questionnaire survey was conducted with patent practitioners of Chinese companies. As a result of the analysis, the importance of cross licensing, patent invalidation proceedings, proceedings through collaboration with other companies, royalty payments, and patent invalidation proceedings in the case of a patent dispute in the Chinese industry is high. Shown. The results of this study provide practical guidelines to help corporate patent practitioners understand the best course of action in the event of a patent dispute, respond in a timely manner, and save time and money. It seems that it can be done.

A Study on the Legal System in the Inter-Governmental Agreement on the International Space Station (국제우주정거장협정의 법제도에 관한 고찰방안)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.9-27
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    • 2007
  • The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

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A Study on the Legal System in the Inter-Governmental Agreement on the International Space Station (국제우주정거장협정의 법제도에 관한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.17-34
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    • 2007
  • The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

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A Study on the Protection for Original Technology and Improved Patent when Research Institutes or Universities Transfer their Research Outputs (출연연 및 대학에서 연구성과물의 기술이전 시 개량특허와 원천기술의 보호에 관한 검토 : H대학교와 D제약사의 신약후보물질 관련 개량특허 탈취논쟁여부를 중심으로 (대상판결: 서울중앙지방법원 2014.12.24. 선고 2013가합85597 판결))

  • Kang, Sun Joon;Kim, Min Ji;Won, Yoo Hyung;Oh, Keon Taek
    • Journal of Korea Technology Innovation Society
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    • v.20 no.2
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    • pp.313-333
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    • 2017
  • As science and technology advanced, specialized and massive, development through mutual cooperation or research based on patent licensing such as material transfer contract, technology transfer contract etc are actively taking place to minimize or separate the cost and risk of R&D. In R&D, such mutual work can enjoy the merit of division of labor by effectively allocating resources and manpower to accomplish its goal. Inevitably, however, there are also many possibilities of disputes regarding the ownership and use of intellectual property rights resulting from such mutual/post-studies, or inventions upgraded by using prior patents. The case reviewed by this paper is noticeable regarding the recent trend of upgraded inventions. In the case, a pharmaceutical company conducted tests/assessments on the complete technology of patent owned by a university on the premise of transferring the technology, and then terminated the technology transfer contract due to reasons of toxicity. The university then filed a damage claim suit against the company for infringing the contract. This is a dispute case betw een a university which developed a potential ingredient for new medicine and a pharmaceutical company which agreed to transfer and receive the technological later on. Regarding the upgraded inventions of source patents, this case has many implications on the protection of prior patents, research contract, and research security to protect the accomplishment of research. This paper reviews the subject ruling and the protection of upgraded patents and source technologies. As critical notes, the paper also summarizes the major issues of case ruling to observe the standard of ruling patent infringement related to the extortion of upgraded patents. Then, through the ruling of the case above, the paper suggests implications and future strategies.

Construction of DNA Profile Data Base of Strawberry Cultivars Using Microsatellite Markers (Microsatellite 마커를 이용한 딸기 품종의 DNA Profile Database 구축)

  • Hong, Jee-Hwa;Choi, Keun-Jin;Kwon, Yong-Sham
    • Horticultural Science & Technology
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    • v.32 no.6
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    • pp.853-863
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    • 2014
  • This study was carried out to construct a DNA profile database of 100 strawberry cultivars using microsatellite markers. Two hundred seventy four microsatellite primer pairs were screened with a set of 21 strawberry cultivars with different morphological traits. Twenty five primer pairs were selected because they produced reliable and reproducible fingerprints. These primer pairs were used to develop DNA profiles of 100 strawberry cultivars. Three to thirteen alleles were detected by each marker with an average of 7.50. The average polymorphism information content varied from 0.331 to 841 (average 0.706). Cluster analysis showed that the 100 cultivars were divided into 7 major groups reflecting geographic origin and pedigree information. Moreover, most of the cultivars could be discriminated by marker genotypes. These markers will be useful as a tool for the protection of plant breeders' intellectual property rights in addition to providing the means to intervene seed disputes relating to variety authentication.

A Study on the Relationship between Branding and Business Strategies of Korean Start-ups (한국 벤처창업기업의 상표와 비즈니스 전략간 연관성 분석)

  • Hyukjoon Kim;Yoo-Jin Han
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.19 no.2
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    • pp.27-43
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    • 2024
  • Recently, the importance of trademarks as a core resource of corporate competitiveness to protect and differentiate products and services is increasing. Global companies are focusing hard to secure trademark rights to manage brands that reflect their core values and to respond to increasingly frequent trademark disputes, while start-ups and individuals are working hard to secure trademark to run stable businesses and attract investment funds. Meanwhile, this study conducts an empirical analysis to identify the relationship between the brand and business strategy of domestic venture startups. The analysis data used was the response data of 2,230 corporate companies from the 2021 Venture Business Precision Survey, and the propensity score matching method, structural equation model analysis, and binomial logit analysis were used as analysis methods. As a result of the analysis, it was confirmed that domestic venture startups' trademark ownership does not make a significant difference in terms of the level of business strategy. This was confirmed to be because the brands of domestic venture start-ups mainly advance their business strategies only through the internal competency process, while the advancement of business strategies through the external competency process is very minimal. Meanwhile, it was confirmed that the level of cost advantage strategy among the business strategy levels of venture start-ups strengthens the tendency to hold trademarks, indicating that the higher the completeness of the cost advantage level, the more likely it is to expand trademark ownership for stable sales and supply of products and services through trademark ownership and to convert to high value-added in the future.

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