• Title/Summary/Keyword: Ownership Property

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Alternative Dispute Resolution in Genetic Resources and Traditional Knowledge: Settlement at the World Intellectual Property Arbitration and Mediation Center

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.75-97
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    • 2019
  • The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

Discrimination of Private Property Right Protection in the U.S. Urban Regeneration Projects: A Perspective of Legal Geography (미국 도시재생사업과 사유재산권 보호의 차별 - 법제지리학의 관점 -)

  • Kim, Yong-Chang
    • Journal of the Korean Geographical Society
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    • v.47 no.2
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    • pp.245-267
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    • 2012
  • This paper analyzes the discrimination of private property right protection in urban regeneration projects that is implemented by eminent domain based on public use in the United States. In spite of urban regeneration projects which depends on property condemnation for public use as a coercive power, it is executed on the discrimination of property right and sacrifice of the social disadvantages that transfer property from these private party to another big capitals and private developers. At first this paper investigates research trends in urban regeneration within the framework of multidisciplinary approach and suggests legal geographical perspective as a new research field. Next I figure out current state, types and numbers of brownfields site with the EPA and GAO data, and define these sites as results of deindustrialization and suburbanization process. Finally this paper uncover that the discrimination process of private property right is due to complex actions of expansion of public use concept in the U.S. Supreme Court from public ownership to economic public use, privatization of eminent domain, growth coalition regime and business friendly policy focused on economic development, class and racial bias, neoliberal movements of property right reform.

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A Study on the Plan Establishing Process Data System for the Process Plan of Construction Works (건설공사의 공정계획을 위한 공정정보 시스템 구축에 관한 연구)

  • 안효수;권춘안
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2001.11a
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    • pp.142-147
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    • 2001
  • Recently, as the field of construction industrial is enlarged and the blanket control system is formed, the process plan considered from initial process formation to construction cost must be systematic and rational. So we have to propose and compose the new process formation system that divides the intention decisive property of construction data, its relationship and the data property according to process definitely and can express and control easily the public ownership of construction data and network process under the peculation control. So this study decides the field formation and construction data of the work according to the ordering and contract way to establish the process data system for the process plan, shows that the lot theory is necessary to form the economical construction field and proposes that the integrated formation system of construction data that is made by code system must be established.

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A Study on Competition Limitation Clause of International License Contract (국제라이선스계약상 경쟁제한조항에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin;Kim, Jong Kwon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.39-64
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    • 2014
  • The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

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Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • v.22 no.2
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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.

The Effect of Venture Capital Investment on Corporate Innovation Performance (벤처캐피탈 투자가 벤처기업 혁신성과에 미치는 영향)

  • Park, Jiyoung;Shin, Hyun-Han
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.15 no.1
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    • pp.1-15
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    • 2020
  • This study analyzes the innovation performance of venture firms according to existence of venture capital investment, and according to type and ownership of venture capital. Venture firms are IPO firms that are registered on KOSDAQ between the year 2000 and 2016. They are categorized as corporate venture capital-backed firms (CVC) and independent venture capital-backed firms (IVC). Using patent data from KIPO (Korean Intellectual Property Office), we employ the number of patents and the citations per patent as the measurement of the innovation output. We find the positive association between the venture capital-backed firms and the number of patents before going public. Corporate venture capital-backed firms are positively associated with the number of patents before and after IPO. However, we do not find strong evidence between the number of citations and the existence of venture capital investment or the type of venture capital. Lastly, we provide an inverse U-shaped relationship between the innovation performance and venture capital's ownership. In other words, the innovation output, both the number of patents and the number of citations, gradually increases as the venture capitalist's ownership increases, but also shows a decrease pattern, suggesting that the venture capitalist's ownership does not only spur the innovation but also gives a negative effect on venture firm's innovation output such as excessive intervention. Overall, we reveal that the most important factor for the innovation performance is not the existence of venture capital investment or the type of venture capital, but the ownership of the venture capitalist.

A Study on Digital Image Watermarking for Embedding Audio Logo (음성로고 삽입을 위한 디지털 영상 워터마킹에 관한 연구)

  • Cho, Gang-Seok;Koh, Sung-Shik
    • Journal of the Institute of Electronics Engineers of Korea TE
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    • v.39 no.3
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    • pp.21-27
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    • 2002
  • The digital watermarking methods have been proposed as a solution for solving the illegal copying and proof of ownership problems in the context of multimedia data. But it is still difficult to have been overcame the problem of the protection of property to multimedia data, such as digital images, digital video, and digital audio. This paper describes a watermarking algorithm that embeds non-linearly audio logo watermark data which is converted from audio signal of the ownership in the components of pixel intensities in an original image and that insists of ownership by hearing the audio signal transformed from the extracted audio logo through the speaker. Experimental results show that our algorithm using audio logo proposed in this paper is robust against attacks such as particularly lossy JPEG image compression. 

A study on legal regime relating to ownership of excavated treasure ship (발굴된 보물선의 소유권과 관련한 법제에 관한 연구)

  • 이창우;강신영;이상집;김영구
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2002.11a
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    • pp.27-32
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    • 2002
  • Cultural property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located int eh southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery int eh world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulation. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

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A study on legal regime relating to ownership of excavated treasure ship (발굴된 보물선의 소유권과 관련한 법제에 관한 연구)

  • Lee, Chang-Woo;Kang, Sin-Young;Lee, Sang-Jip;Kim, Young-Gu
    • Journal of Navigation and Port Research
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    • v.26 no.5
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    • pp.511-516
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    • 2002
  • Cultural Property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located in the southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery in the world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and Yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulations. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

Secure and Efficient Storage of Video Data in a CCTV Environment

  • Kim, Won-Bin;Lee, Im-Yeong
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.13 no.6
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    • pp.3238-3257
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    • 2019
  • Closed-circuit television (CCTV) technology continuously captures and stores video streams. Users are typically required by policy to store all the captured video for a certain period. Accordingly, increasing the number of CCTV operation cycles and photographing positions expands the amount of data to be stored. However, expanding the available storage space for video data incurs increased costs. In recent years, this problem has been addressed with cloud storage solutions, which enable multiple users and devices to access and store data simultaneously. However, because of the large amount of data to be stored, a vast storage space is required. Consequently, cloud storage administrators need a way to store data more efficiently. To save storage space, deduplication technology has been proposed to prevent duplicate storage of the same data. However, because cloud storage is hosted on remote servers, data encryption technology must be applied to address data exposure issues. Although deduplication techniques for encrypted data have been studied, there have been various security vulnerabilities. We attempted to solve this problem by addressing various issues such as poison attacks, property forgery, and ownership management while removing the redundant data and handling the data more securely.