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A Study on Arbitration Qualification of Intellectual Property Right Dispute - Focus on Korea and China - (지적재산권분쟁의 중재적격에 관한 연구 -한국과 중국을 중심으로-)

  • Choi, Song-Za
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.27-46
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    • 2011
  • In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

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CHARACTERIZATION OF GLOBALLY-UNIQUELY-SOLVABLE PROPERTY OF A CONE-PRESERVING Z-TRANSFORMATION ON EUCLIDEAN JORDAN ALGEBRAS

  • SONG, YOON J.
    • Journal of applied mathematics & informatics
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    • v.34 no.3_4
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    • pp.309-317
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    • 2016
  • Let V be a Euclidean Jordan algebra with a symmetric cone K. We show that for a Z-transformation L with the additional property L(K) ⊆ K (which we will call ’cone-preserving’), GUS ⇔ strictly copositive on K ⇔ monotone + P. Specializing the result to the Stein transformation SA(X) := X - AXAT on the space of real symmetric matrices with the property $S_A(S^n_+){\subseteq}S^n_+$, we deduce that SA GUS ⇔ I ± A positive definite.

Weyl Type Theorems for Unbounded Hyponormal Operators

  • GUPTA, ANURADHA;MAMTANI, KARUNA
    • Kyungpook Mathematical Journal
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    • v.55 no.3
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    • pp.531-540
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    • 2015
  • If T is an unbounded hyponormal operator on an infinite dimensional complex Hilbert space H with ${\rho}(T){\neq}{\phi}$, then it is shown that T satisfies Weyl's theorem, generalized Weyl's theorem, Browder's theorem and generalized Browder's theorem. The equivalence of generalized Weyl's theorem with generalized Browder's theorem, property (gw) with property (gb) and property (w) with property (b) have also been established. It is also shown that a-Browder's theorem holds for T as well as its adjoint $T^*$.

WEYL TYPE-THEOREMS FOR DIRECT SUMS

  • Berkani, Mohammed;Zariouh, Hassan
    • Bulletin of the Korean Mathematical Society
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    • v.49 no.5
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    • pp.1027-1040
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    • 2012
  • The aim of this paper is to study the Weyl type-theorems for the orthogonal direct sum $S{\oplus}T$, where S and T are bounded linear operators acting on a Banach space X. Among other results, we prove that if both T and S possesses property ($gb$) and if ${\Pi}(T){\subset}{\sigma}_a(S)$, ${\PI}(S){\subset}{\sigma}_a(T)$, then $S{\oplus}T$ possesses property ($gb$) if and only if ${\sigma}_{SBF^-_+}(S{\oplus}T)={\sigma}_{SBF^-_+}(S){\cup}{\sigma}_{SBF^-_+}(T)$. Moreover, we prove that if T and S both satisfies generalized Browder's theorem, then $S{\oplus}T$ satis es generalized Browder's theorem if and only if ${\sigma}_{BW}(S{\oplus}T)={\sigma}_{BW}(S){\cup}{\sigma}_{BW}(T)$.

A Study on the Seller's Liability regarding Property in Goods on the International Sale of Goods

  • Oh, Won-Suk;Min, Joo-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.52
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    • pp.3-22
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    • 2011
  • This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

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ON LOCAL SPECTRAL PROPERTIES OF RIESZ OPERATORS

  • JONG-KWANG YOO
    • Journal of applied mathematics & informatics
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    • v.41 no.2
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    • pp.273-286
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    • 2023
  • In this paper we show that if T ∈ L(X) and S ∈ L(X) is a Riesz operator commuting with T and XS(F) ∈ Lat(S), where F = {0} or F ⊆ ℂ ⧵ {0} is closed then T|XS(F) and T|XT(F) + S|XS(F) share the local spectral properties such as SVEP, Dunford's property (C), Bishop's property (𝛽), decomopsition property (𝛿) and decomposability. As a corollary, if T ∈ L(X) and Q ∈ L(X) is a quasinilpotent operator commuting with T then T is Riesz if and only if T + Q is Riesz. We also study some spectral properties of Riesz operators acting on Banach spaces. We show that if T, S ∈ L(X) such that TS = ST, and Y ∈ Lat(S) is a hyperinvarinat subspace of X for which 𝜎(S|Y ) = {0} then 𝜎*(T|Y + S|Y ) = 𝜎*(T|Y ) for 𝜎* ∈ {𝜎, 𝜎loc, 𝜎sur, 𝜎ap}. Finally, we show that if T ∈ L(X) and S ∈ L(Y ) on the Banach spaces X and Y and T is similar to S then T is Riesz if and only if S is Riesz.

Cultural Property in the territory of the North Korea considered from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property' (「문화유물보호법」을 통해 본 북한의 문화유산)

  • JI, Byong-Mok
    • Korean Journal of Heritage: History & Science
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    • v.36
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    • pp.39-67
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    • 2003
  • In this paper we examine cultural properties of the North Korea from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property". This law was adopted the Resolution of the Standing Committee of the Supreme People's Assembly of DPR of Korea in 1994. For our study, some other laws or rules established after the end of Japanese colonial occupation (1910-1945) in North Korea were examined. The policy on protection and conservation of cultural property in North Korea seems to have taken place a relatively rapid. The purpose of this law is to carry out the policy with a view to contributing to establishment of strict system and order for protection and management of cultural property, to their preservation in original state, to their proper inheritance and development, and to enhancement of national pride and confidence among the people. This law consists of 6 chapters (52 articles): (1) Fundamentals of the law on protection of cultural property, (2) Archaeological excavation and collection of cultural relics, (3) Evaluation and registration of cultural property, (4) Preservation and management of cultural property, (5) Restoration of cultural property, and (6) Guidance and control of cultural property protection. Nevertheless, it is difficult to find the evidence of efforts to exploit the cultural properties from an academic point of view in North Korea since the late 1980s.

Comparative Analysis on Author's Property Right Limitation in North & South Korea (남북한 저작재산권 권리제한에 관한 비교 분석)

  • Lee, Chan-Do
    • The Journal of the Korea Contents Association
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    • v.17 no.3
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    • pp.138-149
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    • 2017
  • The objective of this study was to investigate and analyze the problems on 'System for Author's Property Right Limitation' in the North Korean Copyright Law. The NK Copyright Law had applied the international standards superficially, it may not be considered to get out of the grand frame of NK system. Especially, it is different that there is lack or short of contents on transfer, disposition, succession, trust, and so on for Author's Property Right. For example, free usages of Literary Works upon the NK law of Author's Property Right were described as 9 cases including copy and translation for personal purpose; copy in the library, etc. However, there are many insufficient items in view of international standards among the cases, showing omissions of critical terminology such as publications of literary works, purpose of usage, scope of usage, etc. Therefore, the NK law of Author's Property Right is interpreted not to be satisfied with the requirements for the law of Author's Property Right but to be legalized in terms of external announcement, and it seems not to be considered as the Author's Property Right Law with general standards enough to demonstrate the creativity freely.