• 통상정보연구
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• 제6권1호
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• pp.249-265
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• 2004

In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

• 한국IT서비스학회지
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• 제15권3호
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• pp.1-14
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• 2016

According to the growing importance of science and technology policy, investment in research and development (R&D) has been increased. In this context, a patent as one of outcome of firm's systematic R&D investment is the way to hold a dominant position in companies' technology competitiveness and also to protect technology right. This study attempts to find the effects of input resources and intellectual property production activity on company value. It conducted empirical analysis based on 238 KOSDAQ-listed and medium-sized firms. Using the previous research, this study configurated research variables about activity of patent production, company value, and input of resources. Through these variables, it aims to know the effect of input of resources and activity of patent production on company value. First, the result of regression analysis shows that R&D cost has the positive effect on a patent production and sales promotion cost positively affects on the registration of the trademark. Second, the output of regression analysis indicates that a patent has the positive effect on company value but a trademark has not. With regard to the input of resources, R&D cost has the influence on company value but sales promotion cost has not. This study attempts to find the effectiveness of company's intellectual property registration on its value and suggests a way that the systematic R&D investment contributes the growth of company value.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.139-174
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• 2005

Since a declaration between North and South Korea was adopted, North and South Korea has strengthened the interchange and cooperation between each other in many fields. Especially, the interchange and cooperation in the field of industrial property right, such as patent and trademark, are required to keep up with the age of the knowledge industry. But, until a recent date, there has been little interchange or cooperation in the field of industrial property right, and a few major companies were attempt to apply for the patent in North Korea through the Third country The system of industrial property laws in North and South Korea are very different because of time and political ideology barriers. To unify the system of industrial property laws in North and South Korea, firstly, North and South Korea must try to recognize and understand the dissimilarity between them. In this article, I compared the system of industrial property law of South Korea with that of North Korea to search commonalities and dissimilarities. Furthermore, it is needed to establish systematic devices for understanding of between North and South Korea, for instance, conducting a interdisciplinary seminar or dispatching a judge mutually. Finally, it is necessary to phase in a practical plan for unification. In the short run, mutual application and registration have to be authorized, and in the long view, unifying the practice of industrial property law service is needed. At the conclusion, the industrial property laws in North and South Korea can be unified systematically. In other words , to unify system of industrial property laws in North and South Korea, it is prerequisite that mutual understanding of industrial property laws and performance of the unify plan. The interchange and cooperation in this field will not only promote technical development but also create common interests of North and South Korea by expanding an opportunity for creating and utilizing industrial property.

• 한국중재학회지:중재연구
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• 제23권1호
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• pp.153-175
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• 2013

The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

• 디지털융복합연구
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• 제10권11호
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• pp.315-321
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• 2012

기술혁신은 기업의 경제성장과 기업의 경쟁력 강화를 좌우하는 중요한 요소이기 때문에 기업들은 기술혁신을 위해 많은 투자와 노력을 경주하고 있다. 이러한 기술혁신의 결과물로써 나타난 특허, 상표권, 저작권 등은 지식재산권이라는 법적인 권리로 인정을 받게 된다. 이러한 지식재산이 활성화되기 위해서는 담보물인 기술 및 지식인 특허를 통한 기업의 자금을 조달하는 금융기법이 필요하다. 그러나 아직까지 국내에서는 IP 관련 금융제도가 보증문제, 관련 규정 등의 미흡으로 인해 활성화 되지 못한 실정이다. 이에 본 연구에서는 IP 금융의 활성화 방안을 위한 전제조건으로 담보 대상인 IP에 대한 객관적이고 신뢰성 있는 가치평가가 중요하다고 판단하였으며, IP 금융에 필요한 특허가치평가의 여러 가지 방식들에 대해서 살펴보고자 한다.

• 복식
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• 제54권1호
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• pp.125-139
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• 2004

The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

• 한국지역사회생활과학회지
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• 제17권4호
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• pp.113-125
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• 2006

The purpose of this study was to analyze the status of intellectual property rights and developmental direction for brands of special rural products in Korea. The data was derived from 166 special rural products in Korea. The major results of this study were as follows: Enterprises having intellectual property rights above one were Traditional soybean sauce 18(56.2%), Hangwa 15(42.9%), Kimchi 18(43.9%), Traditional tea 20(80%) and Crafted products 10(31.3%), respectively. Enterprises acquiring designation and certification due to national and local autonomous entities over one were Traditional soybean sauce 17(56.7%), Hangwa 23(63.9%), Kimchi 33(80.4%), Traditional tea. 13(52%), and Crafted products 20 (62.5%), respectively. The trademark registration of special rural products was invested with total 62 cases(37.3%) as Traditional soybean sauce 14(43.7%), Hangwa 15(41.7%), Kimchi 17(41.5%), Traditional tea. 12(48%) and Crafted products 4(12.5%). And Patent registration 39 cases(23.5%), design registration 32 cases(14.5%), and utility model registration 5 cases (3.01%) were invested respectively. It was shown that, where the origin of brand names was a proper non 107 were things(53%), 39 were materials(19.3%), 17 were the production method(8.41 %) and 55 were a composite trademark(33.1%).

• 무역상무연구
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• 제64권
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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.

• 통상정보연구
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• 제7권3호
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• pp.27-51
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• 무역상무연구
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• 제27권
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• pp.129-161
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.