• Title/Summary/Keyword: The Attorney

Search Result 73, Processing Time 0.032 seconds

A Study on the Improvement of Patent Agent's Role in Patent Infringement Litigation (특허침해소송에서 변리사의 역할 개선 방안에 대한 연구)

  • Cho, Myunggeun;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
    • /
    • v.8 no.4
    • /
    • pp.35-44
    • /
    • 2018
  • Unlike other lawsuits, patent infringement litigation is a very difficult case to grasp without expert knowledge of the patented technology. The Patent Agent Act seems to recognize the legal representation of patent agent in Article 8, but the Constitutional Court and the Court have refused to recognize patent agent's legal representation right in the patent infringement suit. In this regard, constant controversy is taking place among patent agents and lawyers. This study examines the measures to enhance the effectiveness and professionalism of patent litigation in patent infringement litigation. This study analyzes the role of patent attorneys in patent infringement lawsuits in major countries and derive rational alternatives. As a result, it is inappropriate to restrict the attorneys' automatic acquisition of patent attorneys' qualifications or revise the patent attorneys' law in relation to the patent attorney's right of proxy. In the case of litigation parties, it is a desirable alternative to introduce a revised patent attorney system for the fundamental problem solving and to allow the litigants to reasonably choose the litigation agent.

Social Significance of Recent Korean Courtroom Films : A Case Study of Silenced, Unbowed, The Attorney and New Trial (한국 법정영화의 사회적 의미연구)

  • Kim, Bo-Kyong
    • Journal of Internet of Things and Convergence
    • /
    • v.7 no.3
    • /
    • pp.55-61
    • /
    • 2021
  • This study explores four Korean films: Silenced (2011), Unbowed (2012), The Attorney (2014), and New Trial (2017). Based on these films, this study explores the features of courtroom films and their social significance on society. The ability of Korean courtroom films to have such a profound impact on Korean society is something that is not usually witnessed in other countries. Also, the fact that they are low-budget works, not action/thrillers within the 'guaranteed star' system, and the fact that they present opportunities for netizens to call for change is a defining feature of Korean courtroom films. All four films have sparked controversy over the level of realism in Korean courtroom films, but what is more important is the way in which they portray contemporary social change. In summary, these four Korean courtroom films highlight the characteristics of social action and the means of mobilization required to effect it.

Convergence Methodology in Film Education (영화교육의 통섭방법론)

  • Yook, Jung-Hak
    • The Journal of the Korea Contents Association
    • /
    • v.14 no.12
    • /
    • pp.607-617
    • /
    • 2014
  • This article aims to explain some academic subjects based on the film, and accordingly investigate how they are to be converged and then educate individuals. The reasons why should be chosen as a text are as follows: this film is said to be fictional, but based on historical fact. Then, it attracts national attention. Third, it induces the spectators to judge the value of conscience, law, and morals, through the trial process, for themselves and leads them to raise the awareness of the historical, and political conditions at the time. Last, but not least, it contributes to the discourse on various type of men in contemporary days, by dint of analysis on the main characters. The results of the research are listed below: most of all, literature education(Korean language) could be proceeded with the help of epic analysis on . Secondly, considering the film develops the story using political allegory as discussion, along with the historic situation in those days, learning on history and politics could be made possible. Third, the film could be undoubtedly used to conduct the education of law and morality, forming the argument on required law and morals corresponding with ideological circumstance. Finally, education on film analysis could be conducted, by means of examination of the main characters. The analysis on the major characters helps to teach what it would be like for people to become the right ones, by both representing the members of society and determining the quality of life and relationship.

Film and the Politics of Post-memory in Chile's No and Korea's The Attorney (칠레의 와 한국의 <변호인>, 영화와 포스트메모리의 정치)

  • Park, Jungwon
    • Cross-Cultural Studies
    • /
    • v.44
    • /
    • pp.29-58
    • /
    • 2016
  • 'Post-memory' is the act of remembering traumatic events in history by subsequent generations who have not had direct experiences or relations with them. For this reason, the narratives of 'post-memory' are considered as re-interpretations of the past deeply influenced by current perspectives and concerns. The Chilean film NO goes back to the Referendum of 1988 in order to examine the "NO campaign" which was opposed to another eight years of continuation of the Pinochet regime. Although this campaign contributed significantly to the Chilean democratization, the filmmaker does not just celebrate it: rather he attempts to cast a critical reflection on its strategies that eventually turned democracy into a "commodity" by deploying commercial language and marketing tools for characterizing and describing it. On the other hand, the Korean movie The Attorney sheds light on the story of an attorney who, during the military regime in the 1980's, became a human rights lawyer when he tried to advocate for university students accused of violating national security law. This film reconstitutes the meaning of democracy built upon the logic of "common-sense" that privileges freedom and fundamental human rights over Statism. Despite the different historical contexts between Chile and South Korea, these two movies retell the history of a dictatorship that ended a couple of decades ago. In doing so, they raise questions about history, memory and democracy in order to deepen the understanding of current social and political circumstances while placing an emphasis on the roles and responsibilities of intellectuals during the transition to democracy and democratic consolidation.

Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
    • /
    • v.23 no.2
    • /
    • pp.55-79
    • /
    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

  • PDF

Evaluation of Amendments to the Act on Promotion of e-Sports (Electronic Sports) (「이스포츠(전자스포츠) 진흥에 관한 법률」 개정안 평가 및 개선 방안 제언)

  • Rhee, Jin-Woo;Kim, Ho-Chul
    • Journal of Korea Game Society
    • /
    • v.21 no.4
    • /
    • pp.13-24
    • /
    • 2021
  • Recently, amendments to the e-Sports Act have been proposed in the Korea National Assembly. To evaluate the amendments, this study provided five factors of the e-sports industry: the high accessibility, the instability of the game, the difficulty of professional e-sports players, the fierce competition, and the lack of government policy. Based on these factors, this study suggested improvement in which the e-Sports Act should proceed for professional e-sports players, e-sports teams, and e-sports establishments.

The intellectual property factors affecting R&D outcome (연구개발성과에 영향을 미치는 지식재산요인)

  • Lee, Jae-Heon;Cho, Keun-Tae;Lee, Seong-Sang
    • Journal of Digital Convergence
    • /
    • v.12 no.6
    • /
    • pp.203-213
    • /
    • 2014
  • The purpose of this research is to deduce the effects factor of R&D output and outcome in the aspect of the researcher's intellectual property capacity, and conduct an empirical analysis to see if there is intermediated effect between cooperation of a patent attorney and output. I applied three step, input (researcher's intellectual property capacity and intellectual property environment), output (number of patent and SCI paper), outcome (number of technology transfer, profit), and analyzed the effects of researcher's intellectual property factors on output and outcome through structural equation model. The results are as follows. First, there's no cooperation between a researcher and patent attorney, the researcher's knowledge on patent specification had direct effect on the output. Second, a researcher and an patent attorney cooperate, the cooperative activities have complete mediation effect on the output, and the researcher's will to commercialize the technology has direct effects on the output. Third, the intellectual property environment of the research organization gives direct effects on the researcher's intellectual property capacity, and gives indirect effects on the outcome. this study suggest that it is important to cooperate with external experts in order to excellent R&D outcome.

The Viability of the Malaysian Penal Code in Handling Physical Damage Caused by Malware

  • Rahman, Rizal;Zakaria, Mohd Sophian
    • International Journal of Computer Science & Network Security
    • /
    • v.21 no.5
    • /
    • pp.52-56
    • /
    • 2021
  • There is no assurance that malware could only cause virtual damage to computer programs and data as its potential is endless. However, legal provisions were earlier developed to cater to either a physical damage caused by a physical action or a virtual damage caused by a virtual action. When crossovers occur, it becomes quite uncertain as to how viable the current laws are in handling this matter. The author seeks to address the issue from the perspective of the laws of Malaysia.

A Study for the system of attorney participation in the process of interrogation (피의자신문시 변호인 참여제도 활성화 방안)

  • Jeong, byeong-gon
    • Proceedings of the Korea Contents Association Conference
    • /
    • 2012.05a
    • /
    • pp.89-90
    • /
    • 2012
  • 피의자신문시 변호인이 참여할 수 있도록 명문 규정을 둔 2007년 형사소송법 개정은 진일보한 개정이라 할 수 있다. 그러나, 피의자신문시 변호인 참여 제도는 현재까지도 제대로 활성화되지 못하고 있는 실정이다. 이 제도를 활성화하기 위해서는 첫째, 피의자에게 국선변호권이 확대되어야 할 것이다. 둘째, '검사의 사법경찰관리에 대한 수사지휘 및 사법경찰관리의 수사준칙에 관한 규정'의 문제점이 개정되어야 할 것이다. 셋째, 수사기관에 대한 교육이 강화되고 변호인에게 수사 일정 등 통지가 제도화 되어야 할 것이다. 이러한 대책을 통해 피의자신문시 변호인 참여 제도가 활겅화되어야 피의자의 인권이 제대로 보장될 것이다.

  • PDF

Balance between Point of Parity and Point of Difference for Positioning Improving (포지셔닝 향상을 위한 동일성과 차별성의 조화)

  • Jo, Huck-Geun
    • Proceedings of the KAIS Fall Conference
    • /
    • 2012.05a
    • /
    • pp.166-168
    • /
    • 2012
  • 브랜딩(branding) 또는 브랜드 마케팅이란 브랜드를 타사의 것과 차별화하는 과정으로 이해하는 경우가 많다. 포지셔닝(Positioning)의 두 가지 축은 동일성(Point of parity)과 차별성(Point of difference)이다. 동일성에 대한 연상을 소비자에게 심어주고 그 바탕위에서 차별성을 심어주어야 하는 것이다. 차별화와 동일성 양자는 모두 중요하며, 이것은 적절하게 조화를 이루어야 하는 것이다.

  • PDF