• Title/Summary/Keyword: The Right of the Name

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A Study on the Right of the Name for Foreigners to advance to China (중국진출에 따른 중국의 외국인 성명권에 관한 연구)

  • Song, Soo-Ryun
    • Korea Trade Review
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    • v.42 no.3
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    • pp.123-142
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    • 2017
  • This study is to investigate Right to Chinese Name for Foreigners under Trademark Law of the People's Republic of China. The basketball star Michael Jordan sued Qiaodan Sports in 2012, saying the company had built its business around his Chinese name read as Qiaodan in Chinese without his permission. The Chinese supreme court ruled that the trademark for Jordan's Chinese name should be returned to China's State Administration for Industry and Commerce to be re-awarded, and it means Qiaodan Sports Co. must stop using the Chinese characters for Qiaodan on its merchandise. However, the court rejected Jordan's claim to the romanized or pinyin form of the name "Qiaodan," saying in its judgment that this version may not be closely linked with him. People who want to claim the right to Chinese name, he/she must prove the specific name has linked with him/her. Furthermore, he/she must prove the Chinese firm's actions had displayed "malicious intent" by registering trademarks for his/her Chinese name. The courts approve infringement by Chinese firm and stop to use his/her name in the country.

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A Study on The Protection of Intellectual Property Right about The Electronic Commerce - Focusing on the Domain Name And the Trademark Infringement - (전자상거래상(電子商去來上) 지식재산권(知識財産權)의 보호문제(保護問題)에 관한 연구(硏究) - Domain Name과 상표권(商標權) 침해여부(侵害與否)를 중심(中心)으로 -)

  • Lee, Han-Sang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.1013-1032
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    • 2000
  • At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

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Research on Gender Specification and Their Visual Preferences at Department Store Display Space - Target Department Store Space - (백화점 매장공간의 성별 탐색 특성과 주시경향에 관한 연구 - 백화점 매장 공간을 대상으로 -)

  • Choi, Gae-Young
    • Korean Institute of Interior Design Journal
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    • v.25 no.6
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    • pp.52-60
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    • 2016
  • Observation about space is looked steady in an instant, but in continuous movement, one's observation unconsciously stays at different points. In department store, customer actually observes around the store for buying, not focusing on certain point. By studying customer's movement and observation feature, buying desire and interest can be found. For analysis of the different searching-features according to the continuous-observation depending on sex, the study is set up to record movements of customers at women in Department store. The following are the findings. First, Men observed 0.2-0.4 units more in I-II section which are assumed as predominant. The result shows that men can focus on more section (around +0.4%) and longer (around +5.7%) than women do. Second, the same feature of observation depending on sex is that both men and women observe left and right section while keep focusing on middle section. Third, according to the fact that right-focused observation magnificently occurred in the image curved to right, the Space-composition has influenced on the observation of both men and women on the space. Forth, excessive number of display can cause avoidance of observation. Moreover, observation does not stay on the coverage due to wall or post, but is attracted to the brand name. As brand name causes right-focused observation in the image [(8)], brand name can be one of the reasons to attract observation in women apparel store. To sum up, this study is noticeable as it researches about continuous-observation. Furthermore, verifying the result that the composition of space and the placement of products can cause big differences in the observation feature is meaningful outcome.

The Antinociceptive Effect of Intraperitoneally Administered Nonselective Nitric Oxide Synthase Inhibitor on the Rat Formalin Test (흰쥐의 포르말린시험에서 복강 내로 투여한 비선택적 산화질소합성효소 억제제의 항통각효과)

  • Oh, Minhye;Lee, Wonhyung;Go, Youngkwon
    • The Korean Journal of Pain
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    • v.19 no.2
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    • pp.142-145
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    • 2006
  • Background: Nitric oxide (NO) is involved in the transmission and modulation of nociceptive information at the peripheral, spinal cord and supraspinal levels. We conducted this experiment to assess the antinociceptive effects of a nonselective nitric oxide synthase (NOS) inhibitor, N-nitro-L-arginine methyl ester (L-NAME), on the modulation of pain in rats subjected to the formalin test. Methods: Formalin 5% was injected in the right hind paw after intraperitoneal (IP) injection of various doses of L-NAME (0.5 mg/kg, 1.5 mg/kg with and without L-arginine 100 mg/kg, 5.0 mg/kg). The number of flinches was measured. Results: Formalin injected into the rat hind paw induced a biphasic nociceptive behavior. IP injected L-NAME diminished the nociceptive behaviors in a dose-dependent manner during phases 1 and 2. The concomitant injection of L-arginine reversed the antinocipetive effect of L-NAME. Conclusions: The data demonstrates that a nonselective NOS inhibitor, L-NAME, possesses antinociceptive properties in rats subjected to the formalin test, and the antinociceptive effect of L-NAME is reversed by the concomitant administration of L-arginine.

Bad Faith Intent in Internet Address Resources Act (인터넷주소자원에 관한 법률 제12조에 규정된 부정한 목적의 해석 : 대법원 2013. 4. 26. 선고 2011다64836 판결을 중심으로)

  • Park, Young-Gyu
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.129-148
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    • 2014
  • Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet "cybersquatting", a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, (1) the trademark or other intellectual property rights of the person, if any, in the domain name, (2) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, (3) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, (4) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name, (5) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, (6) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct.

A Consideration for Intellectual Property Rights under Digital Environments (전자상거래에서의 지적재산권에 관한 문제점과 개선방안)

  • Kwon, Sang-Ro
    • International Commerce and Information Review
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    • v.6 no.1
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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.

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Rethinking the Name and Use of Pythagorean Theorem from the Perspectives of History of Mathematics and Mathematics Education ('피타고라스 정리'의 명칭과 활용에 대한 비판적 고찰)

  • Chang, Hyewon
    • Journal for History of Mathematics
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    • v.34 no.6
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    • pp.205-223
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    • 2021
  • It has been argued that as for the origin of the Pythagorean theorem, the theorem had already been discovered and proved before Pythagoras, and the historical records of ancient mathematics have confirmed various uses of this theorem. The purpose of this study is to examine the relevance of its name caused by Eurocentrism and the weakness of its use in Korean school mathematics and to seek improvements from a critical point of view. To this end, the Pythagorean theorem was reviewed from the perspectives of the history of mathematics and mathematics education. In addition, its name in relation to objective mathematical contents regardless of any specific civilization and its use as a starting point for teaching the theorem in school mathematics were suggested.

First Korean Record of Porcellanopagurus japonicus (Decapoda: Paguroidea), a Hermit Crab Living in Bivalve Shells

  • Jung, Jibom;Lee, Sang-Hui
    • Animal Systematics, Evolution and Diversity
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    • v.36 no.4
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    • pp.391-395
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    • 2020
  • This study reports the pagurid hermit crab Porcellanopagurus japonicus in Korean waters for the first time. This species has a right cheliped larger than the left one, reduced and globular abdomen, and symmetrical uropods. Porcellanopagurus japonicus is similar to P. nihonkaiensis, a previously reported congeneric species in Korea, but also has distinguished morphological and ecological characters. There are currently issues with the Korean scientific name for P. japonicus, we suggest a reasonable Korean scientific name of this organism with its etymology. In addition, this species inhabits bivalve shells, which is not a typical habitat for hermit crabs, and the unique habitats of this and several other Korean hermit crabs are reviewed.

Problems on the FOB Seller's Legal Status under the Rotterdam Rules (로테르담 규칙에서 FOB 계약의 매도인의 법적지위 문제)

  • CHOI, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.51-70
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    • 2015
  • The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

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A Study on the Unreasonableness that China had the Territorial Right of Manzhouguo - Based on Cultural Territory Theory and Territory Cultural Theory - (만주국영토(滿洲國領土)의 중국귀속(中國歸屬) 불당성(不當性)에 관한 연구(硏究) -문화영토론(文化領土論)과 영토문화론(領土文化論)을 중심(中心)으로-)

  • Shin, Yongwoo;Sim, woosop;Oh, Wonkyu
    • Journal of Cadastre & Land InformatiX
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    • v.47 no.1
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    • pp.81-94
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    • 2017
  • This study focuses on evaluating that South Korea has the territorial right of Manzhouguo with disconfirming that China had the territorial right of Manzhouguo after the Second World War. This study also suggests the necessity of territorial cultures with establishing the theory of cultural territories and territorial cultures. The four main territorial cultures of Manzhouguo that are the burial culture, the place name cultural, the cadastral, and the folk culture were analyzed with Classifying territorial cultures. The results shows that territorial cultures of Manzhouguo is the same with territorial cultures of South Korea. Thus, This study suggests that territorial cultures of Manzhouguo should be vest to South Korea and not to China, because of the theory of cultural territories, which is that territorials can be defined with cultures and territorial cultures, which cultures can be defined with territorials.