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Intellectual Property Disputes in the Era of the Metaverse: Complexities of Cross-Border Justice and Arbitration Consideration

  • Kye Hwan Ryu;Choong Mok Kwak
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.147-175
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    • 2023
  • The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association's Guidelines and WIPO's guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.

Study on Economic Analysis of Offshore and Ground-mounted Solar Photovoltaics (해상과 지상 태양광 발전 경제성 비교에 관한 연구)

  • Kyu-Won Hwang;Moon Suk Lee;Chul-Yong Lee
    • New & Renewable Energy
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    • v.20 no.1
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    • pp.38-51
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    • 2024
  • The rapid expansion of industrialization and population growth worldwide has led to a significant surge in energy demand, perpetuating heavy reliance on finite fossil fuel reserves. Although prevailing policies primarily target ground-mounted solar photovoltaics, there is a noticeable increase in the adoption of floating solar power generation systems on water surfaces. Nonetheless, adequate studies and legislative reviews on offshore solar photovoltaics in Korea are lacking. The absence of well-defined criteria for the economic analysis of floating solar photovoltaics presents hurdles to their economic feasibility. This study conducted a comprehensive cost-benefit analysis of offshore photovoltaics to evaluate their economic viability and compared four types of solar photovoltaics based on the operating area and technology: ground-mounted, floating on inland water, pontoon-based offshore, and flexible system offshore. Perspectives from both central and local government entities, emphasizing social aspects, as well as inputs from private companies with a financial focus were considered. The findings revealed variations in economic viability depending on the operating area and technology employed. This study aims to contribute to the advancement of market maturity and technology within the realm of offshore solar photovoltaics.

The Korean Development Strategy: Trajectories of the Korean Economic Development, 1961~2010 (한국의 발전 전략: 한국 경제발전 궤적(1961~2010))

  • Jung, Sung-Hoon
    • Journal of the Economic Geographical Society of Korea
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    • v.14 no.4
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    • pp.453-466
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    • 2011
  • The main aim of this paper is to explore the Korean development strategy in the context of trajectories of the economic development from 1961 to 2010. The fast and high growth in the period of 1961 and 2010 resulted from the 'export-oriented industrialization' through a combination of 'mass production-mass exports' and '(relatively) high productivity-low wages' up to the late 1980s, a mixture of 'mass production-mass exports' and '(relatively) high productivity-high wages' to the late 1990s, and a combination of the reformation of public and private sectors for overcoming the Korean financial crisis and the gradual improvement of the marketization and social safety net since 2000. With respect to this model of development, the global and national modes of regulation were established. Along with the formation of endogenous forces (as the national mode of regulation), that of exogenous forces (as the global mode of regulation) are the important rules of the game at the global level, which lead and stabilize the process of accumulation by the export-led industrialization in Korea. In this respect, the establishment of global modes of regulation is led by exogenous forces such as trade regulations, exchange rates, global-Korean industrial relations, and global regulations of loans to developing countries. On the other hand, the national modes of regulation are formed by endogenous forces such as the triangular relationship of the state, capital and labor.

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A Case Study on the Effectiveness of the Cooperative Management by Leading of Forest Owners and Its Extension System - A demonstrational cooperative management in the private forest guided by the Korean German Forest Management Project - (산주주도형(山主主導型) 협업경영사업(協業經營事業)과 그 지도체계(指導體系)의 효과(效果)에 대한 사례연구(事例硏究) -한독기구(韓獨機構) 사유림협업경영(私有林協業經營) 시범사업(示範事業)을 중심(中心)으로-)

  • Kim, Jong Kwan
    • Journal of Korean Society of Forest Science
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    • v.67 no.1
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    • pp.17-27
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    • 1984
  • The Yangsan Forest Management Station (YFMS) of Korean German Forest Management Project (KGFMP), working with the 6 legal villages of Uljugun, Kyongnam, led the forest owners in the area to organize the Forest Management Cooperative (FMC) voluntairily for improvement of private forest management and fostered it as a model from May 1975 to Apr. 1984. YFMS sent out FMC a forest manager as a forestry expert carrying out the leading extension program at the equal position with forest owners and gave FMC financial, administrative and technical assitances. During the 6 years from 1977 to 1982, 4 FMC were founded and are being operated democratically. 228 forest owners have taken the membership of their own free will and the forestland of the members covers 2,567 ha equivalent to 57% of the total private forest in the area. During the period the total area of the planting and tending is 4,185 ha, this means that a member executed 3.1 ha of forest operations per year in average, showing the high willingness on forest operations. In addition the joint works have resulted in the joint properties equivalent to 27 million Won and it will be an important foundation for operation of FMC which is a forest owners's cooperative organization for improvement of private forest management in this area. The total expenditure spent for the fostering of FMC amounted to 497,587 thousand Won and 58% of them were charged from KGFMP funds, 27% from the forest owners and 15% from public funds. The expenditure for investment was 273,104 thousand Won and 59% of the sum were appropriated as subsidies at the national level. The forest owners charged 43% of that and this means that each member invested approximately 100 thousand Won to his forestland per year in average. For the extension program 169,503 thousand Won were spent and it can be explained that 5,885 Won were spent per ha a year. The organization of FMC operated autonomously in a democratic way and the horizontal and leading extension system, which aspects the human rights, were very much effective in fostering the cooperative organization of forest owners for improvement of private forest management.

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A Study on the Forest Land System in the YI Dynasty (이조시대(李朝時代)의 임지제도(林地制度)에 관(關)한 연구(硏究))

  • Lee, Mahn Woo
    • Journal of Korean Society of Forest Science
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    • v.22 no.1
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    • pp.19-48
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    • 1974
  • Land was originally communized by a community in the primitive society of Korea, and in the age of the ancient society SAM KUK-SILLA, KOKURYOE and PAEK JE-it was distributed under the principle of land-nationalization. But by the occupation of the lands which were permitted to transmit from generation to generation as Royal Grant Lands and newly cleared lands, the private occupation had already begun to be formed. Thus the private ownership of land originated by chiefs of the tribes had a trend to be gradually pervaded to the communal members. After the, SILLA Kingdom unified SAM KUK in 668 A.D., JEONG JEON System and KWAN RYO JEON System, which were the distribution systems of farmlands originated from the TANG Dynasty in China, were enforced to established the basis of an absolute monarchy. Even in this age the forest area was jointly controlled and commonly used by village communities because of the abundance of area and stocked volume, and the private ownership of the forest land was prohibited by law under the influence of the TANG Dynasty system. Toward the end of the SILLA Dynasty, however, as its centralism become weak, the tendency of the private occupancy of farmland by influential persons was expanded, and at the same time the occupancy of the forest land by the aristocrats and Buddhist temples began to come out. In the ensuing KORYO Dynasty (519 to 1391 A.D.) JEON SI KWA System under the principle of land-nationalization was strengthened and the privilege of tax collection was transferred to the bureaucrats and the aristocrats as a means of material compensation for them. Taking this opportunity the influential persons began to expand their lands for the tax collection on a large scale. Therefore, about in the middle of 11th century the farmlands and the forest lands were annexed not only around the vicinity of the capital but also in the border area by influential persons. Toward the end of the KORYO Dynasty the royal families, the bureaucrats and the local lords all possessed manors and occupied the forest lands on a large scale as a part of their farmlands. In the KORYO Dynasty, where national economic foundation was based upon the lands, the disorder of the land system threatened the fall of the Dynasty and so the land reform carried out by General YI SEONG-GYE had led to the creation of ensuing YI Dynasty. All systems of the YI Dynasty were substantially adopted from those of the KORYO Dynasty and thereby KWA JEON System was enforced under the principle of land-nationalization, while the occupancy or the forest land was strictly prohibited, except the national or royal uses, by the forbidden item in KYEONG JE YUK JEON SOK JEON, one of codes provided by the successive kings in the YI Dynasty. Thus the basis of the forest land system through the YI Dynasty had been established, while the private forest area possessed by influential persons since the previous KORYO Dynasty was preserved continuously under the influence of their authorities. Therefore, this principle of the prohibition was nothing but a legal fiction for the security of sovereign powers. Consequently the private occupancy of the forest area was gradually enlarged and finally toward the end of YI Dynasty the privately possessed forest lands were to be officially authorized. The forest administration systems in the YI Dynasty are summarized as follows: a) KEUM SAN and BONG SAN. Under the principle of land-nationalization by a powerful centralism KWA JEON System was established at the beginning of the YI Dynasty and its government expropriated all the forests and prohibited strictly the private occupation. In order to maintain the dignity of the royal capital, the forests surounding capital areas were instituted as KEUM SAN (the reserved forests) and the well-stocked natural forest lands were chosen throughout the nation by the government as BONG SAN(national forests for timber production), where the government nominated SAN JIK(forest rangers) and gave them duties to protect and afforest the forests. This forest reservation system exacted statute labors from the people of mountainious districts and yet their commons of the forest were restricted rigidly. This consequently aroused their strong aversion against such forest reservation, therefore those forest lands were radically spoiled by them. To settle this difficult problem successive kings emphasized the preservation of the forests repeatedly, and in KYEONG KUK DAI JOEN, the written constitution of the YI Dynasty, a regulation for the forest preservation was provided but the desired results could not be obtained. Subsequently the split of bureaucrats with incessant feuds among politicians and scholars weakened the centralism and moreover, the foreign invasions since 1592 made the national land devasted and the rural communities impoverished. It happned that many wandering peasants from rural areas moved into the deep forest lands, where they cultivated burnt fields recklessly in the reserved forest resulting in the severe damage of the national forests. And it was inevitable for the government to increase the number of BONG SAN in order to solve the problem of the timber shortage. The increase of its number accelerated illegal and reckless cutting inevitably by the people living mountainuos districts and so the government issued excessive laws and ordinances to reserve the forests. In the middle of the 18th century the severe feuds among the politicians being brought under control, the excessive laws and ordinances were put in good order and the political situation became temporarily stabilized. But in spite of those endeavors evil habitudes of forest devastation, which had been inveterate since the KORYO Dynasty, continued to become greater in degree. After the conclusion of "the Treaty of KANG WHA with Japan" in 1876 western administration system began to be adopted, and thereafter through the promulgation of the Forest Law in 1908 the Imperial Forests were separated from the National Forests and the modern forest ownership system was fixed. b) KANG MU JANG. After the reorganization of the military system, attaching importance to the Royal Guard Corps, the founder of the YI Dynasty, TAI JO (1392 to 1398 A.D.) instituted the royal preserves-KANG MU JANG-to attain the purposes for military training and royal hunting, prohibiting strictly private hunting, felling and clearing by the rural inhabitants. Moreover, the tyrant, YEON SAN (1495 to 1506 A.D.), expanded widely the preserves at random and strengthened its prohibition, so KANG MU JANG had become the focus of the public antipathy. Since the invasion of Japanese in 1592, however, the innovation of military training methods had to be made because of the changes of arms and tactics, and the royal preserves were laid aside consequently and finally they had become the private forests of influential persons since 17th century. c) Forests for official use. All the forests for official use occupied by government officies since the KORYO Dynasty were expropriated by the YI Dynasty in 1392, and afterwards the forests were allotted on a fixed standard area to the government officies in need of firewoods, and as the forest resources became exhausted due to the depredated forest yield, each office gradually enlarged the allotted area. In the 17th century the national land had been almost devastated by the Japanese invasion and therefore each office was in the difficulty with severe deficit in revenue, thereafter waste lands and forest lands were allotted to government offices inorder to promote the land clearing and the increase in the collections of taxes. And an abuse of wide occupation of the forests by them was derived and there appeared a cause of disorder in the forest land system. So a provision prohibiting to allot the forests newly official use was enacted in 1672, nevertheless the government offices were trying to enlarge their occupied area by encroaching the boundary and this abuse continued up to the end of the YI Dynasty. d) Private forests. The government, at the bigninning of the YI Dynasty, expropriated the forests all over the country under the principle of prohibition of private occupancy of forest lands except for the national uses, while it could not expropriate completely all of the forest lands privately occupied and inherited successively by bureaucrats, and even local governors could not control them because of their strong influences. Accordingly the King, TAI JONG (1401 to 1418 A.D.), legislated the prohibition of private forest occupancy in his code, KYEONG JE YUK JEON (1413), and furthermore he repeatedly emphasized to observe the law. But The private occupancy of forest lands was not yet ceased up at the age of the King, SE JO (1455 to 1468 A.D.), so he prescribed the provision in KYEONG KUK DAI JEON (1474), an immutable law as a written constitution in the YI Dynasty: "Anyone who privately occupy the forest land shall be inflicted 80 floggings" and he prohibited the private possession of forest area even by princes and princesses. But, it seemed to be almost impossible for only one provsion in a code to obstruct the historical growing tendecy of private forest occupancy, for example, the King, SEONG JONG (1470 to 1494 A.D.), himself granted the forests to his royal families in defiance of the prohibition and thereafter such precedents were successively expanded, and besides, taking advantage of these facts, the influential persons openly acquired their private forest lands. After tyrannical rule of the King, YEON SAN (1945 to 1506 A.D.), the political disorder due to the splits to bureaucrats with successional feuds and the usurpations of thrones accelerated the private forest occupancy in all parts of the country, thus the forbidden clause on the private forest occupancy in the law had become merely a legal fiction since the establishment of the Dynasty. As above mentioned, after the invasion of Japanese in 1592, the courts of princes (KUNG BANGG) fell into the financial difficulties, and successive kings transferred the right of tax collection from fisherys and saltfarms to each KUNG BANG and at the same time they allotted the forest areas in attempt to promote the clearing. Availing themselves of this opportunity, royal families and bureaucrats intended to occupy the forests on large scale. Besides a privilege of free selection of grave yard, which had been conventionalized from the era of the KORYO Dynasty, created an abuse of occuping too wide area for grave yards in any forest at their random, so the King, TAI JONG, restricted the area of grave yard and homestead of each family. Under the policy of suppresion of Buddhism in the YI Dynasty a privilege of taxexemption for Buddhist temples was deprived and temple forests had to follow the same course as private forests did. In the middle of 18th century the King, YEONG JO (1725 to 1776 A.D.), took an impartial policy for political parties and promoted the spirit of observing laws by putting royal orders and regulations in good order excessively issued before, thus the confused political situation was saved, meanwhile the government officially permittd the private forest ownership which substantially had already been permitted tacitly and at the same time the private afforestation areas around the grave yards was authorized as private forests at least within YONG HO (a boundary of grave yard). Consequently by the enforcement of above mentioned policies the forbidden clause of private forest ownership which had been a basic principle of forest system in the YI Dynasty entireely remained as only a historical document. Under the rule of the King, SUN JO (1801 to 1834 A.D.), the political situation again got into confusion and as the result of the exploitation from farmers by bureaucrats, the extremely impoverished rural communities created successively wandering peasants who cleared burnt fields and deforested recklessly. In this way the devastation of forests come to the peak regardless of being private forests or national forests, moreover, the influential persons extorted private forests or reserved forests and their expansion of grave yards became also excessive. In 1894 a regulation was issued that the extorted private forests shall be returned to the initial propriators and besides taking wide area of the grave yards was prohibited. And after a reform of the administrative structure following western style, a modern forest possession system was prepared in 1908 by the forest law including a regulation of the return system of forest land ownership. At this point a forbidden clause of private occupancy of forest land got abolished which had been kept even in fictitious state since the foundation of the YI Dynasty. e) Common forests. As above mentioned, the forest system in the YI Dynasty was on the ground of public ownership principle but there was a high restriction to the forest profits of farmers according to the progressive private possession of forest area. And the farmers realized the necessity of possessing common forest. They organized village associations, SONGE or KEUM SONGE, to take the ownerless forests remained around the village as the common forest in opposition to influential persons and on the other hand, they prepared the self-punishment system for the common management of their forests. They made a contribution to the forest protection by preserving the common forests in the late YI Dynasty. It is generally known that the absolute monarchy expr opriates the widespread common forests all over the country in the process of chainging from thefeudal society to the capitalistic one. At this turning point in Korea, Japanese colonialists made public that the ratio of national and private forest lands was 8 to 2 in the late YI Dynasty, but this was merely a distorted statistics with the intention of rationalizing of their dispossession of forests from Korean owners, and they took advantage of dead forbidden clause on the private occupancy of forests for their colonization. They were pretending as if all forests had been in ownerless state, but, in truth, almost all the forest lands in the late YI Dynasty except national forests were in the state of private ownership or private occupancy regardless of their lawfulness.

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Structures and Policies of British Geographic Information Dissemination for Korea National GIS Project (국가지리정보사업 추진을 위한 영국지리정보 유통구조 및 정책 연구 - 영국지리정보원의 역할을 중심으로-)

  • Kim, Bok-Hwan;Kim, Young-Hoon
    • Journal of the Korean Association of Geographic Information Studies
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    • v.9 no.4
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    • pp.22-33
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    • 2006
  • The objective of this paper is to discuss geographic information policies and strategies of British government and suggest effective policies for Korea National GIS project GIS that has been implemented geographic information infrastructures into public sectors and private markets for the last ten years. To obtain the research aim, this paper reviews the main factors of the Britain GIS project such as distribution structure and process of GI markets, government policies and strategies that are led by Ordnance Survey, most leading mapping agency in the UK. In conclusion, some issues have been explored with reference to the experiences of the Britain GIS projects. The first of these is the nature of geographic information and the second concerns the notion of the circulation policies of spatial data, and the last proposes Korea GIS policies and strategies for successful geographic information and spatial data implementation. The findings of the analysis of the Britain GIS development indicate that a shift began to take place from central government coordinate toward more extensive utilization of private and commercial sectors. This reflects both the increasing importance of geospatial data circulation in all levels of GIS stakeholders. Finally these discussions are particularly to be the issues where multi-agency collaboration of Korea government is concerned and can take the form of joint ventures by consortiums of both involving data producers and data users in order to increase commercial participation for value-added geospatial items, and to encourage both research and development sectors with low or free price policies.

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Hardware Fault Attack Resistant RSA-CRT with Parallel Support (오류주입 공격에 강건하며 병렬연산이 가능한 RSA-CRT)

  • Eun, Ha-Soo;Oh, Hee-Kuck;Kim, Sang-Jin
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.5
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    • pp.59-70
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    • 2012
  • RSA-CRT is one of the commonly used techniques to speedup RSA operation. Since RSA-CRT performs its operations based on the modulus of two private primes, it is about four times faster than RSA. In RSA, the two primes are normally thrown away after generating the public key pair. However, in RSA-CRT, the two primes are directly used in RSA operations. This led to hardware fault attacks which can be used to factor the public modulus. The most common way to counter these attacks is based on error propagation. In these schemes, all the outputs of RSA are affected by the infected error which makes it difficult for an adversary to use the output to factor the public modulus. However, the error propagation has sequentialized the RSA operation. Moreover, these schemes have been found to be still vulnerable to hardware fault attacks. In this paper, we propose two new RSA-CRT schemes which are both resistant to hardware fault attack and support parallel execution: one uses common modulus and the other one perform operations in each prime modulus. Both proposed schemes takes about a time equal to two exponentiations to complete the RSA operation if parallel execution is fully used and can protect the two private primes from hardware fault attacks.

Improving the Protection and Security System Outside the National Assembly Building (국회 외곽 경호·경비시스템 발전방향에 관한 연구)

  • Choi, O-Ho
    • Korean Security Journal
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    • no.60
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    • pp.113-135
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    • 2019
  • Despite being one of the most important national facilities, the National Assembly building of the Republic of Korea has become increasingly vulnerable to potential terrorist attacks, and the instances of demonstrations occurring around and banned items taken into the building are continuing to rise. In addition, promoting the idea of "open assembly" has led to increased visitors and weakened access control. Furthermore, while there is a significant symbolic value attached to attacking the National Assembly building, the level of security management is relatively very low, making it a suitable target for terrorism. In order to address such vulnerability, an appropriate access control system should be in place from the areas surrounding the building. However, the National Assembly Security Service which oversees security around the building is scheduled to disband in June 2020 following the abolition of the conscripted police force in 2023. Therefore, there needs to be an alternative option to bolster the security system outside the facility. In this research, the perceptions of 114 government officials in charge of security at the National Assembly Secretariat toward the protection and security system of the areas surrounding the National Assembly building were examined. Results showed that the respondents believed it was highly likely that risky situations could occur outside the building, and the use of advanced technologies such as intelligent video surveillance, intrusion detection system, and drones was viewed favorably. Moreover, a mid- to long-term plan of establishing a unified three-layer protection system and designating a department in charge of the security outside the building were perceived positively. Lastly, the participants supported the idea of employing private police to replace the National Assembly Security Service for the short term and introducing parliamentary police for the mid- to long-term.

The Anticommons: BRCA Gene Patenting Controversy in the United States (유전자와 생명의 사유화, 그리고 반공유재의 비극: 미국의 BRCA 인간유전자 특허 논쟁)

  • Yi, Doogab
    • 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.

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A Study of Economic Assessment of Urban Park Management by Using Contingent Valuation Method - The Case of Busan APEC Memorial Park - (가상평가법(CVM)에 의한 도시공원의 관리운영에 대한 경제적 가치평가에 관한 연구 - 부산시 APEC기념공원을 대상으로 -)

  • Kim, Yeong-Ha;Park, Seung-Burm
    • Journal of the Korean Institute of Landscape Architecture
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    • v.42 no.2
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    • pp.19-32
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    • 2014
  • This study evaluated economic value recognized by the residents for the pleasant urban park management using contingent valuation method(CVM) to APEC Memorial Park in Pusan in terms of private fund development for the management of the city park. As a result, the estimated amount payable by each household for the management of APEC Memorial Park in Busan was between 5,673 won and 8,358 won. If such amount is expanded to households in park hosting area, it was 2.2~2.3 times of the park management budget in 2012, which demonstrates the willingness to pay (WTP) of residents for pleasant park was higher than the management budget. Social factors of respondents affecting WTP for city park management operation included age, educational level and income level. Those with high age and high education level had higher WTP. And, WTP was much affected by the use of park and recognition of residents. In particular, those with high frequency in the use of parks had higher WTP, and the users with more than once per week had 1.1 times higher WTP than overall WTP. Then, the satisfaction of park rather than recognition of necessity of park had led to higher WTP. Accordingly, it is necessary to manage park facility management and use program operation to enhance park satisfaction and it is also required to develop a park culture distribution policy to link such recognition to donation.