• Journal of Science and Technology Studies
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• v.12 no.1
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• pp.1-43
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• 2012

This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.121-143
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• 2007

The law of Jus Rerem of China enacted on March 16, 2007 came into force from October 1st, 2007. China has enacted the law of Jus Rerem. This means that all three nations of Northeast Asia have formally and substantially similar legal terms and conceptions. Therefore, they will be reciprocally influenced on the legal matters related Jus Rerem. In the year 1949 when China, as a communist country, was originally established without the private ownership system, the law of Jus Rerem was not introduced. Since the reform and the open-economy policy in the year 1978 came into force, it has become important that newly acknowledged private property has been stipulated by the law of Jus Rerem. Arbitration Law of China is enacted on August 31th, 1994 and came into force from September 1st, 1995. It is a basic law which rules Chinese arbitration system. China has enacted the law of Jus Rerem, "conformed with the 21st century", by solving a lot of issues in dispute. A socialistic idea, a traditional Chinese idea and realistic conditions of the market economy were integrated into the law of Jus Rerem. It would have a very good effect on the growth and prosperity of China.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.5 no.8
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• pp.1472-1491
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• 2011

As used product transactions are currently on the rise, the demand for transactions of secondhand digital content will grow in the future; thus, learning to make secure transactions while avoiding cyber attacks becomes an important issue. In this paper, we combine the new buyer's secret key, the new buyer's watermark to embed in resold digital content, and the reseller's encrypted watermark, which can prove legal ownership of the reseller. Using the privacy homomorphism property of RSA and exponential calculus, the original seller of digital content can verify the legality of the reseller and the new buyer. We also reduced the load of encryption/decryption digital content using a partial encryption/decryption algorithm to make our protocol more efficient and practical. In the proposed protocol, the seller is not able to conduct piracy and easily frame any other innocent secondhand buyer when a case of piracy is found. In fact, piracy can be clearly traced using the privacy homomorphism property of RSA and the embedded watermark mechanism. Further, in the proposed protocol, the seller himself can trace the piracy using exponential calculus. Since it is unnecessary to trust third party participation, the conspiracy problem is resolved and the new buyer is not required to participate in the dispute. Moreover, the seller, reseller and new buyer can simultaneously benefit from the secondhand transaction.

• Proceedings of the Korea Information Processing Society Conference
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• 2021.05a
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• pp.151-154
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• 2021

Rust is a promising system programming language that made its debut in 2010. It was developed to address the security problems in C/C++. It features a property called ownership, on which it relies to mitigate memory attacks. For this and its many other features, the language has consistently gained popularity and many companies have begun to seriously consider it for production uses. However, Rust also supports safe and unsafe regions under which the foreign function interface (FFI), used to port to other languages, falls. In the unsafety region, Rust surrenders most of its safety features, allowing programmers to perform operations without check. In this study, we analyze the security issues that arise due to Rust's safety/unsafety property, especially those introduced by Rust FFI.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.57-64
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• 2022

This scientific article is devoted to the study of the legal significance of such a category of legal status of the purchaser of another's thing, as its good faith. The essence of this phenomenon has been studied, it has been established that the criterion of good faith attaches significant importance to the claims of the participants of these relations for the acquisition or preservation of private property rights. The paper emphasizes that, in addition to the importance of good conscience at the time of possession of another's thing, which gives legal certainty the possibility of registration of the title and is part of the actual composition for the acquisition of property or the right of ancient possession, bona fides also characterizes the behavior of the occupier. In this case, good conscience only has some legal consequences when it is opposed to subjective law. Under such conditions, it acquires direct legal significance, including as a condition for the acquisition and protection of rights. Good faith possession of another's property is an internal indicator of the subject's awareness of a certain property status. This sense, the article assesses this status from the standpoint of the scientific concept of the visibility of law. According to this theory, prescription is also considered as a consequence of the appearance of law, however, because it arises and lasts against the will of the parties and despite their awareness of this fact. Therefore, bona fide continuous and open possession of property as one's own, during the acquisition period, was most significantly associated with the appearance of property. Therefore, the concept of good faith, in the sense of personal perception of real values, is closely related to the principle of protection of the appearance of law, as it is aimed at understanding it by third parties. The paper notes certain differences in the application of the theory of the appearance of the right in the acquisition of property by a bona fide purchaser from an unauthorized alienator and the acquisitive prescription. It is emphasized that such a mechanism must be used in presuming the attitude to the thing as its own, by the holder of movable property. But there should be exceptions to the rule, in particular, if the owner has grounds for vindication of the thing.

• Journal of the Korea Institute of Building Construction
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• v.8 no.2
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• pp.53-61
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• 2008

It is expected that the market of residential facility for retired seniors will be a new investment field for construction firms. This study describes the questionnaire survey analysis results of potential customers' demand for the facility. For comparison purpose, direct construction cost was estimated by estimation experts. In addition, a case analysis was conducted to compare direct cost and indirect project cost with the experts' estimation. According to the questionnaire survey analysis, it is observed that there were significant differences in demand between groups which are classified by the regions, living expenditures, the level of property ownership and the scales of residence. From an investor's perspective, investment decision on residential facility for retired seniors should be made considering bothe the level of returns which can be generated from the investment and the customers' needs.

• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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• 2006.04a
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• pp.513-519
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• 2006

South Korea is currently promoting cadastral computerization to modernize the field. Problems of cadastral mismatches are mostly resolved through cadastral mismatch organization projects. Three-dimensional cadastral drafting Is also on its way to wide adoption. In order to safeguard the property ownership rights of people and deliver accurate cadastral information quickly by constructing a three-dimensional cadastral information system, this study intends to provide solutions to survey real-time kinematic GPS (RTK-GPS) in mobile environments and to produce three-dimensional cadastral maps real-time using digital plane tables.

• Asian Journal of Innovation and Policy
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• v.8 no.3
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• pp.362-377
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• 2019

Commercializing universities' R&D outputs is a major management challenge and there are limited studies to describe this phenomenon from the perspective of companies' management. Experiences of six small and medium size and four large companies' management's respondents are gathered through semi-structured face-toface interviews. Twelve critical success factors revealed by the respondents, namely R&D product and market readiness, good partnership with university, researcher's motivationand commitment, availability of resources, government support and motivation, control and ownership of intellectual property rights, university's management support, entrepreneurial culture in the university, an open communication and trusting relationship, researchers' skills, a risk taking attitude, and existence of performance measures as important to commercialize the universities' R&D outputs in Malaysia. The different views from the management of small and medium size, and large companies are also discussed in this study.

• Korean Institute of Interior Design Journal
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• no.17
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• pp.73-79
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• 1998

This study aims to show the present status of the expressions in the contemporary architecture in Kore under its pluralistic and equivocal situation. Non-residential buildings constructed since 1960 till 1997 have been analyzed focused on the rationality romantic property and koreanity which are the expressional aspects and its expressional characteristics in contermporary architecture in Korea such as the properties of the quasi-thematic approach limitary subsistence unexisting common ownership mixed copy and normative diversity have been grasped. These results prove that the common features after Modernism such as the restoration of humanity search for the architectural forms of plural meaning the pursuit for the regionality are also applied for the expressions of the contemporary architecture in Korea, Also this study can be the attempt to clarity the identity of the contemporary architecture in Korea and where it is now.