• Title/Summary/Keyword: an intellectual property right

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The Status of Intellectual Property Rights and Developmental Direction for Brands of Special Rural Products in Korea (지역특산물의 지식재산권 현황 및 브랜드화 발전 방향)

  • Jun, Young-Mi;Ahn, Yoon-Soo;Kim, Mi-Heui;An, Ok-Sun
    • The Korean Journal of Community Living Science
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    • v.17 no.4
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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%).

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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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Development of Low Carbon Hydrogen Production Technology Evaluation Model Using Delphi-AHP Method (Delphi-AHP 방법을 이용한 저탄소수소 생산 기술 가치평가 모델 개발)

  • HO SEOK WHANG;UISIK KIM;YOUNGSHIN JANG;JUNGHWAN KIM;KWANG JUN KIM
    • Journal of Hydrogen and New Energy
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    • v.34 no.2
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    • pp.113-121
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    • 2023
  • Recently, low hydrogen carbon production technology is drawing interest due to lower production costs. Although the pace of research in this field has been accelerating, there is no well-established criteria for evaluation. The most of current evaluation methods needs information related to technology. However the technology is not enough to provide effective evaluation criteria because the technology is not fully developed. In this study, we propose an integrated Delphi-analytic hierarchy process (AHP) method and low carbon hydrogen production technology evaluation model. Experts opinion is used to provide evaluation criteria for the technology. In this study, integrated Delphi-AHP method are utilized for determining factors and calculating their numerical importance based on experts opinion. Then, sensitivity analysis is performed to verify the robustness of the analysis and scenarios of potential changes. As many as 11 factors are identified by Delphi method. Then, numerical importance of the factors are calculated by AHP. Sensitivity analysis is performed. It shows that intellectual property right (IPR) is always more important than other factors. This study proposes the numerical standard for the low carbon hydrogen production technology evaluation. The proposed model can be used for technology evaluation or commercialization.

Effective Patent Strategies for the Protection of Research Results

  • Na, Dong Kyu
    • Journal of the Ergonomics Society of Korea
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    • v.34 no.5
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    • pp.473-485
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    • 2015
  • Objective: This study provides strategies of how to effectively convert an invention, created at universities or government-funded research institutes, into a strong patent with the clear understanding of its unique technological characteristics. Background: Regardless of the amount of research funds available in our country and the decent number of intellectual property rights created using the funds, there was a deficit of more than KRW 6 trillion in the technology trade balance related with intellectual property rights in the year of 2014. One of the reasons was that the vast number of patents that were being produced by universities or by government-funded research institutes were merely performance-based patents, namely, so called "patents for patents". Another reason is that developed technology from research and development could not be transformed into a strong patent right properly due to the lack of related knowledge. Method: After reviewing various references mentioned on the patent strategies, the definition of a strong patent and the strategies of producing a strong patent for an invention drawn out from research performance will be supplied. Results: To produce a strong patent right at universities or government funded research institutes, one should use strategies for strong specifications, strategies of product patents and method patents, strategies of patent portfolios, strategies of know-how, strategies of inventions defined by numerical limitation and strategies of parameter inventions for a more strategic approach. Conclusion: Strong patent rights will be produced with the use of effective patent strategies provided in this study. Application: It is estimated that the results of this study will aid the establishment of strong patents for inventions developed by research performance at universities or government-funded research institutions.

International R&D Contest with IPR Coordination and Cost Externality

  • Lee, Sanghack;Nam, Bo-Ra
    • Journal of Korea Trade
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    • v.23 no.5
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    • pp.118-128
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    • 2019
  • Purpose - This paper examines the international R&D contest in which the extent of intellectual property right (IPR) affects both the size of prize for the winning firm and the extent of positive spillover through cost of firms. Recognizing the possibility of incomplete protection of IPR, the present paper analyzes the effect of changes in the extent of IPR on payoffs to firms and social welfare. Design/methodology - This paper examines coordination of IPRs by countries in economic integration. The paper then develops a general model of international R&D contest with incomplete protection of IPR. An increase in the extent of IPR augments the share of the prize the winning firm can appropriate, while decreasing the positive cost externality. To derive sharper results, the paper considers the cases of linear and fixed spillovers. Findings - Under plausible assumptions, an increase in the IPR augments the payoff to each firm and the aggregate payoffs as well. The paper also shows that the number of firms participating in the R&D contest can be endogenously determined in the two-stage R&D contest. The higher the extent of cost spillover, and the larger the effective prize, the more firms participate in the international R&D contest. Originality/value - Existing studies assume that firms winning the R&D contest enjoy perfect IPR to the output of their R&D activities. This is a very restrictive assumption in that other firms can copy the new products or processes. By allowing for the incompleteness of the IPR, the present paper develops a more realistic model of R&D contest. The novelty of the present paper is to allow for the possibility that the higher extent of IPR increases the prize and decreases positive cost externality at the same time. The findings of the present paper can serve as a basis for government policy toward R&D activities of firms and protection of IPRs.

Analysis of Domestic Patent Trends Related to Functional Clothing Products for Daily Wearable Human Body Protection and Correction (일상 착용형 인체 보호 및 교정 기능성 의류제품 관련 국내 특허 동향 분석)

  • Lee, Ah Lam;Han, Hyunjung
    • Journal of the Korean Society of Clothing and Textiles
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    • v.44 no.4
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    • pp.764-775
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    • 2020
  • Lifespans are increasing and many consumers are interested in health issues in these busy modern days, developing functional clothing that can be worn everyday is one of the competitive solutions in the oversaturated clothing market. When developing a new item with a fresh idea, it is important to look into prior art beforehand to avoid unnecessary intellectual property right-related disputes. This study investigates Korean domestic patents and utility models about functional clothing in terms of human body performance and health promotion in order to suggest essential data to relevant developers. We selected 324 patents and utility models and made an analysis according to the year, functions, applied technologies, frequency of claims, target wearers and item types. We found problems in current functional clothing patent application trends and suggested new aspects when developing innovative functional clothing items. Data was limited to Korean domestic patents; however, this study is still meaningful giving references to technology roadmaps and encouraging new intellectual property development.

A study on the Governing Law to Application under the Intellectual Property Right Disputes in Internet (인터넷상에서 지적재산권 분쟁에 따른 준거법 적용에 관한 논점)

  • Park Jong-Sam
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.133-156
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    • 2004
  • The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

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A Strategic Effect of Bundling on Product Distribution

  • Gwon, Jae-Hyun
    • Journal of Distribution Science
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    • v.13 no.10
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    • pp.15-21
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    • 2015
  • Purpose - This study examines a bundling effect on production and distribution in a patent-protected industry. Despite the heavy use of bundling strategies in the information and technology industry, literature has paid scant attention to bundling of intellectual property rights. This study examines a theoretical exploration of the bundling effect on licensing behavior. Research design, data, and methodology - To address this behavior, we build a simplified model consisting of three stages: 1) bundling decision, 2) licensing agreement, and 3) competition. The subgame perfect Nash equilibrium is applied to the model. Results - A single-patent holder with superior technology grants its own license to the multiple-patent firm, thereby leaving the market. Anticipating the single right holder's licensing strategy, the multiple-patent firm offers a bundle, making the single-right holder's bargaining position weaker. Conclusions - Bundling is an effective business strategy, resulting in multiple products for a firm as it faces other firms with single-product lines in each market. Taking advantage of the multi-patent or multi-product lines, the firm utilizes the bundling strategy obtaining better technology from the standalone single-patent firms.

"All This is Indeed Brahman" Rammohun Roy and a 'Global' History of the Rights-Bearing Self

  • Banerjee, Milinda
    • Asian review of World Histories
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    • v.3 no.1
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    • pp.81-112
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    • 2015
  • This essay interrogates the category of the 'global' in the emerging domain of 'global intellectual history'. Through a case study of the Indian social-religious reformer Rammohun Roy (1772/4-1833), I argue that notions of global selfhood and rights-consciousness (which have been preoccupying concerns of recent debates in intellectual history) have multiple conceptual and practical points of origin. Thus in early colonial India a person like Rammohun Roy could invoke centuries-old Indic terms of globality (vishva, jagat, sarva, sarvabhuta, etc.), selfhood (atman/brahman), and notions of right (adhikara) to liberation/salvation (mukti/moksha) as well as late precolonial discourses on 'worldly' rights consciousness (to life, property, religious toleration) and models of participatory governance present in an Indo-Islamic society, and hybridize these with Western-origin notions of rights and liberties. Thereby Rammohun could challenge the racial and confessional assumptions of colonial authority and produce a more deterritorialized and non-sectarian idea of selfhood and governance. However, Rammohun's comparativist world-historical notions excluded other models of selfhood and globality, such as those produced by devotional Vaishnava, Shaiva, and Shakta-Tantric discourses under the influence of non-Brahmanical communities and women. Rammohun's puritan condemnation of non-Brahmanical sexual and gender relations created a homogenized and hierarchical model of globality, obscuring alternate subaltern-inflected notions of selfhood. Class, caste, and gender biases rendered Rammohun supportive of British colonial rule and distanced him from popular anti-colonial revolts and social mobility movements in India. This article argues that today's intellectual historians run the risk of repeating Rammohun's biases (or those of Hegel's Weltgeschichte) if they privilege the historicity and value of certain models of global selfhood and rights-consciousness (such as those derived from a constructed notion of the 'West' or from constructed notions of various 'elite' classicized 'cultures'), to the exclusion of models produced by disenfranchised actors across the world. Instead of operating through hierarchical assumptions about local/global polarity, intellectual historians should remain sensitive to and learn from the universalizable models of selfhood, rights, and justice produced by actors in different spatio-temporal locations and intersections.

A Comparative Study on Parallel Import between Korea and China- Focused on Intellectual Property Rights (한국과 중국의 병행수입제도에 관한 비교연구- 지적재산권을 중심으로)

  • Huang, Yi-Qing;Cho, Hyun-Sook
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.79-102
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    • 2014
  • A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

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