• 제목/요약/키워드: fair use

검색결과 363건 처리시간 0.024초

A Study on the Propensity to Purchase Babies' Cosmetics (베이비화장품의 구매행태에 관한 연구 - 대구, 경북 지역을 중심으로 -)

  • Lee Kyung-Hwa;Kim Ju-Duck
    • Journal of the Society of Cosmetic Scientists of Korea
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    • 제31권2호
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    • pp.169-177
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    • 2005
  • The propensity to purchase babies' cosmetics is investigated and analysed for this research. The synopsis of this research paper is as follows. The first, the $68\%$ of all respondents do not how a manufacturer or brand name in the reality of variously emerging domestic and import cosmetics for babies. The second, in case of a child haying a fair, sensitive skin or atopy (atopic dermatitis), the respondents are careful in choosing babies cosmetics but in case of a child having a normal skin the older a child grows from a stage of a new-born, a baby and an infant to a primary-school child, the older its mother is, the more respondents use adults' cosmetics in common rather than use cosmetics only for babies. $7.6\%$ of respondents do not use babies' cosmetirs at ail. Especially, in using bathing goods such as a shampoo or a body cleanser, they frequently use adults' cosmetics in common. The third, the qualify is taken into the utmost consideration in purchasing babies' cosmetics. The Quality of imports is trusted and preferred better than that of domestic goods. The cost of purchasing babies cosmetics is less than 10,000 Won. consumers recognize that the price or cosmetics is rather high. The last, the improvement or babies cosmetics is 'the safety of goods', answered by $56.5\%$ of respondents. The respondents are generally not satisfied with babies' cosmetics. So, a baby's skin is threatened by a newly-built house syndrome, the increase of atopic dermatitis, etc., caused by an environmental pollutions, a change of diet and a change of residential life. Under these actual conditions, babies' cosmetics which can protect a delicate and sensitive skin of a baby should be developed immediately. Consumers should have a correct choice with precise recognition and information on a baby's skin and cosmetics and continually use the efficacious and excellent babies' cosmetics to prevent a baby from a skin irritation, and need to show a keen interest in a healthy skin of a baby.

Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • 제44호
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

Operative Challenges in Releasing Administrative Information and Records (행정정보 및 보존기록물 공개의 운영과제)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • 제12호
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    • pp.81-135
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    • 2005
  • The release of administrative information has been the challenge of our age following the maturation of democratic ideology in our society. However, differences of opinion and conflict still exist between the government and private sectors regarding the issue, and it seems that the technical and policy-related insufficiencies of information and record management that actually operate the release of information are the main causes. From the perspective of records management, records or information are variable in their nature, value, and influence during their life span. The most controversial issue is the records and information in the current stage of carrying out business activities. This is because the records and information pertaining to finished business are but evidence to ascertain the past, and have only a limited relationship to the ideal of the 'democratic participation' by citizens in activities of the public sector. The current information release policies are helpless against the 'absence of information,' or incomplete records, but such weakness can be supplemented by enforcing record management policies that make obligatory the recording of all details of business activities. In addition, it is understood that the installation of 'document offices("Jaryogwan")' that can manage each organization's information and records will be an important starting point to integrate the release, management, and preservation of information and records. Nevertheless, it seems that the concept of 'release' in information release policies refers not to free use by all citizens but is limited to the 'provision' of records according to public requests, and the concept of 'confidential' refers not to treating documents with total secrecy but varies according to the particulars of each situation, making the actual practice of information release difficult. To solve such problems, it is absolutely necessary to collect the opinions of various constituents associated with the recorded information in question, and to effectively mediate the collective opinions and the information release requests coming from applicants, to carry out the business more practically. Especially crucial is the management of the process by which the nature and influence of recorded information changes, so that information which has to be confidential at first may become available for inquiry and use over time through appropriate procedures. Such processes are also part of the duties that record management, which is in charge of the entire life span of documents, must perform. All created records will be captured within a record management system, and the record creation data thus collected will be used as a guide for inquiry and usage. With 'document offices(Jaryogwan)' and 'archives' controlling the entire life span of records, the release of information will become simpler and more widespread. It is undesirable to try to control only through information release policies those records the nature of which has changed because, unlike the ones still in the early stages of their life span and can directly influence business activities, their work has finished, and they have become historical records or evidences pointing to the truth of past events. Even in the past, when there existed no formal policy regarding the release of administrative information, the access and use of archival records were permitted. A more active and expanded approach must be taken regarding the 'usage' of archival records. If the key factor regarding 'release' lies in the provision of information, the key factor regarding 'usage' lies in the quality and level of the service provided. The full-scale usage of archival records must be preceded by the release of such records, and accordingly, a thorough analysis of the nature, content, and value of the records and their changes must be implemented to guarantee the release of information before their use is requested. That must become a central task of document offices and "Today's information" will soon become "yesterday's records," and the "reality" of today will become "history" of the past. The policies of information release and record management share information records as their common objective. As they have a mutual relationship that is supplementary and leads toward perfection, the two policies must both be differentiated and integrated with each another. It is hoped that the policies and business activities of record management will soon become normalized and reformed for effective and fair release of information.

Standards of Protection in Investment Arbitration for Upcoming Climate Change Cases (기후변화 관련 사건에 적용되는 국제투자중재의 투자자 보호 기준)

  • Kim, Dae-Jung
    • Journal of Arbitration Studies
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    • 제24권2호
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    • pp.33-52
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    • 2014
  • Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

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A Study about The Impact of Music Recommender Systems on Online Digital Music Rankings (음원 추천시스템이 온라인 디지털 음원차트에 미치는 파급효과에 대한 연구)

  • Kim, HyunMo;Kim, MinYong;Park, JaeHong
    • Information Systems Review
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    • 제16권3호
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    • pp.49-68
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    • 2014
  • These days, consumers have increasingly preferred to digital real-time streamlining and downloading to listen to music because this is convenient and affordable for the consumers. Accordingly, sales of music in compact disk formats have steadily declined. In this regards, online digital music has become a new communication channel to listen musics, where digital files can be delivered over various online networks to people's computing devices. The majority of online digital music distributors has Music Recommender Systems for sales of digital music on their websites. Music Recommender Systems are parts of information filtering systems that provide the ratings or preferences that users give to music. Korean online digital music distributors have Music Recommender Systems. But those online music distributors didn't provide any rules or clear procedures that recommend music. Therefore, we raise important questions as follows: "Is Music Recommender Systems Fair?", "What is the impact of Music Recommender Systems on online music rankings and sales?" While previous studies have focused on usefulness of Music Recommender Systems, this study investigates not only fairness of Current Music Recommender Systems but also Relationship between Music Recommender Systems and online Music Charts. This study examines these issues based on Bandwagon effect, ranking effect, Slot effect theories. For our empirical analysis, we selected the most famous five online digital music distributors in terms of market shares. We found that all recommended music is exposed to the top of 'daily music charts' in online digital music distributors' websites. We collected music ranking data and recommended music data from 'daily music chart' during a one month. The result shows that online music recommender systems are not fair, since they mainly recommend particular music that supported by a specific music production company. In addition, the recommended music are always exposed to the top of music ranking charts. We also find that recommended music usually appear at the top 20 ranking charts within one or two days. Also, the most music in the top 50 or 100 ranks are the recommended music. Moreover, recommended music usually remain the ranking charts more than one month while non-recommended music often disappear at the ranking charts within two week. Our study provides an important implication to online music industry. Because music recommender systems and music ranking charts are closely related, music distributors may improperly use their recommender systems to boost the sales of music that related to their own companies. Therefore, online digital music distributor must clearly announce the rules and procedures about music recommender systems for the better music industry.

A Study on Antecedents of Ethical Leadership of Power Retailers, : Focusing on the Relationship between Discount Stores and Their Suppliers (대형 유통업체 윤리적 리더십의 선행변수에 관한 연구 : 할인점과 공급업체 간 관계를 중심으로)

  • Kim, Sang-Deok
    • Journal of Distribution Research
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    • 제17권3호
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    • pp.59-92
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    • 2012
  • With accumulated research evidence, there is little doubt that leadership behavior is related to a wide variety of positive individual and organizational outcomes. Indeed, leadership behavior has been empirically linked to increased employee satisfaction, organizational commitment, extra effort, turnover intention, organizational citizenship behavior, and overall employee performance. Although leadership behavior has been linked to a number of positive organizational outcomes, research regarding the antecedents of such behavior is limited. Especially there is little research dealing with the antecedents of inter-organizational leadership behavior. This study interests in inter-organizational ethical leadership among marketing channel members. In both the mass media and the academic association, there has been a surge in interest in the ethical and unethical behavior of leaders. Although the corporate scandals in recent years may explain much of the mass media and popular focus, academics' interest has been limited by evidence that ethical leadership behavior is associated with both positive and negative inter-organizational processes and performances. This study tried to contribute to this body of knowledge by examining antecedents of ethical leadership. Ethical leadership is defined "the demonstration of normatively appropriate conduct through personal actions and interpersonal relationships, and the promotion of such conduct to followers through two-way communication, reinforcement, and decision-making." Ethical leaders not only inform individuals of the behefits of ethical behavior and the cost of inappropriate behavior, such leaders also set clear standards and use rewards and fair and balanced punishment to hold followers accountable for their ethical conduct. Despite the assume importance and prominence of ethical leadership among organizations, there are still many questions relating to its antecedents and consequences. One is whether the likelihood of an leading organization being perceived as an ethical leader among other following organizations in marketing channels can be predicted using its characteristics and inter-organizational relationship maintenance skills. Identifying trait and skill antecedents will aid in the development of strategies for selecting and developing ethical leaders and determining the best means to reinforce ethical behaviors. The purpose of this study is to investigate the effects of three categorized variables on ethical leadership of channel leader. To be concrete, this study develops a model of the antecedents of three conceptually distinct forms of channel leader characteristics, such as organizational traits, inter-organizational relationship maintenance strategies, and supplier management strategies, and tests the hypothesized differential effects on ethical leadership of marketing channel leaders. The reason why this study deals with discount store channel is that there is very strong inter-dependence between a discount store and its suppliers. Their strong inter-dependence makes their relationship as the relationship between a leader and suppliers and creates an atmosphere that leadership occur without difficulty. The research model is as follows. For the purpose of empirical testing, 295 respondents of suppliers of discount store channel in Korea were surveyed. The procedures included scale reliability, and discriminant and convergent validity were used to validate measures. Also, the reliability measurements traditionally employed, such as the Cronbach's alpha, were used. All the reliabilities were greater than .70. This study conducted confirmatory factor analyses to assess the validity of our measurements. All items loaded significantly on their respective constructs(with the lowest t-value being 15.2), providing support for convergent validity. We then examined composite reliability and average variance extracted(AVE). The composite reliability of each construct was greater than .70. The AVE of each construct was greater than .50. This study tested research model using Partial Least Square(PLS). The estimation of the structural equation model revealed an acceptable fit of the model to the data($r^2$=.851). Thus, This study concluded that the model fit was considered acceptable. The results of PLS are as follows. The results indicated that conscientiousness, openness, conflict management, social networks, training, fair reward had positive effects on ethical leadership of channel leaders. On the other hand, emotional insecure had negative effect and agreeableness, assurance, and inter-organizational communication had no significant effect on supply chain leadership.

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Present Status of Rooftop Gardening in Sylhet City Corporation of Bangladesh: an Assessment Based on Ecological and Economic Perspectives

  • Rahman, Md. Habibur;Rahman, Mizanur;Kamal, Md. Mostafa;Uddin, Md. Jasim;Fardusi, Most. Jannatul;Roy, Bishwajit
    • Journal of Forest and Environmental Science
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    • 제29권1호
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    • pp.71-80
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    • 2013
  • Present study analyzes the rooftop gardening status, floristic composition and cost and return of the rooftop garden in Sylhet City Corporation of northeastern Bangladesh. Data was collected from 450 rooftop gardeners randomly during July-September 2010. Study reveal that rooftop gardening is generally for mental satisfaction (95.3%) followed by leisure time activity (87.8%) in the study area and almost all the family members of gardeners' were involved; while collection of planting materials, sites preparation and marketing of products were reported to be carried out by males only (male 71.33%). Middle income classes were most interested in rooftop gardening (43.78%). The survey recorded 53 plant species (35 families) of which Cucurbitaceae family represented highest eight species. Shrubs (28%) were highest followed by herbs (26%) among agri-crops (36%) and flower species (30%). About 89% of the rooftop gardeners procured planting materials from nursery, market, fair, neighbor, relative and friends and they mostly prefer to use seedlings (48%) for roof gardening followed by direct seed sowing (21%). Gardeners sell products sporadically in different local markets, directly or through intermediaries, with no uniform pricing for system. Rooftop gardening improves the food security and meet nutritional deficiency to the gardeners. Survey revealed that generally very few people consider rooftop gardening commercially to get profit and from the cost-return analysis this gardening system can be economically viable if proper and scientifically managed. The study conclude that active government and NGOs could play vital role to increasing this activities by providing training and motivate people with technical aspects of rooftop gardening.

The Impact of K-IFRS Adoption on Accounting Conservatism: Focus on Distribution Companies (한국채택국제회계기준(K-IFRS)의 도입이 보수주의에 미치는 영향: 유통기업들을 중심으로 (초기 일시적 적응 현상))

  • Noh, Gil-Kwan;Kim, Dong-Il
    • Journal of Distribution Science
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    • 제13권9호
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    • pp.95-101
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    • 2015
  • Purpose - This study provides evidence of the impact of the mandatory adoption of Korean equivalents to International Financial Reporting Standards (K-IFRS) on accounting quality. K-IFRS uses fair value as a basis of measurement and is characterized by principle-based standards. These characteristics can lead to a decrease in conservatism. Therefore, this study aims to examine whether or not there is a change in the level of conservatism before and after the enforcement of K-IFRS (2007~2014). By comparing 2007 through 2008 and 2013 through 2014 (excluding 2009 to 2012), we test "the temporary adjustment phenomenon" and document an overall decline in the degree of conservatism after the adoption of K-IFRS. Research design, data, and methodology - Our sample is comprised of data of all listed Korea Composite Stock Price Index (KOSPI) manufacturing distribution companies in Korea from 2007 to 2014, which yields the pooled sample of 4,412 (panel A) and 1,915 (panel B) firm-year observations for hypotheses 1 and 2. In line with recent literature, we adopt the Givoly and Hayn (2000) model, which recomputes the non-operating accruals, excluding two components that are most likely to capture the effect of restructuring activities: special items and gains or losses from discontinued operations. In addition, we also use these variables: SIZE, LEV, INV_CYCLE, ROA, OWN, and FOR. Results - Our sample period spans 2007 to 2014. This offers evidence on the effect of the mandatory adoption of IFRS on conservatism. Our findings can be summarized as follows. First, in panel A, for mandatory K-IFRS adoption (2011), we do not find any significant evidence of conservatism. We can guess that the "temporary adjustment phenomenon" is the reason that we do not find significant evidence of conservatism. Second, we investigate panel B from 2009 to 2012. We document an overall decline in the degree of conservatism after the adoption of K-IFRS. We can assume that these results are due to "the temporary adjustment phenomenon." Conclusions - This study finds that conservatism significantly decreased after IFRS adoption. In particular, this study makes the initial effort to elucidate "the temporary adjustment phenomenon" to analyze the effect of K-IFRS on conservative accounting. We argue that K-IFRS are conceptually conservative but that inappropriate application of the conservatism principles is likely to prevent financial reporting from reaching the level of conservatism targeted by the IASB. Overall, this paper contributes to the literature on IFRS and can be useful to capital market supervisors who are monitoring the trends of the firms implementing K-IFRS. Additionally, our results inform stakeholders of the potentially negative effect of the greater flexibility permitted by IFRS and/or lack of appropriate enforcement on key dimensions of accounting quality. This has important implications for Korean regulators and standard setters as they review the cost and benefits of IFRS. Our study also sheds light on the importance of the institutional environment in achieving the targeted objectives for improving financial reporting quality.

Characteristics of Patients' Self-Perceived Health in Traditional Korean Medical Facilities - Based on the Ministry of Health and Welfares Report on Usage and Consumption of Korean Medicine in 2011 - (주관적 건강인식수준에 따른 한방의료기관 이용환자의 특성 비교 - 2011년 한방의료이용 및 한약소비실태조사(보건복지부)를 중심으로 -)

  • Sung, Angela Dongmin;Choi, Sungyong;Park, Haemo;Kim, Hyundo;Lee, Sungdong
    • Journal of Society of Preventive Korean Medicine
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    • 제19권3호
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    • pp.29-43
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    • 2015
  • Objective : The purpose of this study was to identify characteristics of patients' self-perceived health in traditional Korean medical facilities. Method : This research was conducted based on the survey on patients whom have visited traditional Korean medical facilities in 2011 by the Ministry of Health and Welfares and Korean Institute for Health and Social Affairs. Using a sample of 3,931 (1,180 male and 2,751 female) outpatients' self-perceived health based on the data from usage and consumption of Korean Medicine. 'Healthy', 'Fair', and 'Poor Health' were used to measure patients' self-perceived health status. The data was analyzed by frequency, t-test, cross correlation analysis and multiple logistics regression analysis using the SPSS program package. Results : Sex(P<0.001), age(P<0.001), marital status(P<0.001), education(P<0.001), employment status(P<0.001), occupation(P<0.001), health insurance(P<0.001) and income level(P<0.0001) showed statistical significance. Main Treatment Facilities(P<0.001), experience of taking Korean medicine(P=0.032), experience of receiving acupuncture treatment(P<0.001), number of visits(P<0.001), medical expense (P=0.005), and subjective health status after the treatments showed statistical significance for Korean herbal medicine(P=0.038), acupuncture (P=0.001), cupping therapy(P=0.006), oriental physiotherapy(P=0.003), and treatment satisfaction(P<0.001). For subjective health status based on suffering disorders in the past three months, the response of poor health was higher in the group suffering recent illnesses. Statistical significance was seen in hypertension (P=0.002), arthritis(P<0.001), lumbar pain(P<0.001), diabetes mellitus(P=0.001), stroke(P<0.001), hwa-byung (P=0.001), gastric disorders(P=0.021), common cold(P<0.001), ankle sprain(P<0.001), muscular injury(P<0.001), lumbar sprain(p=0.009) and fracture(P=0.03). Also the number of diseases during the past three months showed statistical significance(P<0.001). Statistical significance was also seen in Level of knowledge(P<0.001), route of information(P<0.001), reliability of Korean medicine(P=0.003), insurance coverage(P=0.005), medical costs(P<0.001), and future willingness to use Korean medicine(P<0.001). As a result of the multiple logistics regression analysis, risks of subjective poor health statistically increased in female population, elderlies, medicaid beneficiaries, less educated, higher medical expense, and more disorders during the past three months. Conclusion : Patients' self-perceived health status has significant differences with each variables such as sex, age, marital status, education, health insurance, medical expense, number of diseases.

An investigation into the effect of denture adhesives on incisal bite force of complete denture wearers using pressure transducers - a clinical study

  • Kalra, Pawan;Nadiger, Ramesh;Shah, Farhan Khalid
    • The Journal of Advanced Prosthodontics
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    • 제4권2호
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    • pp.97-102
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    • 2012
  • Study was conducted to determine and assess the effect of different type of denture adhesives on the incisal bite force of complete denture wearers until the dislodgement of upper denture, using pressure transducer. MATERIALS AND METHODS. 30 patients out of 100 were included in the study. Based on the Kapur's method of scoring denture retention and stability, these patients were divided into 3 groups-Group A - Clinically good dentures; Group B - Clinically fair dentures; and Group C - Clinically poor dentures. A custom made occlusal force meter was constructed based on the load cell type of pressure transducers. Different adhesives (powder, paste and adhesive strips) were used in the study. Complete denture wearers were asked to bite on the load cell and the readings of incisal bite force were recorded. The readings of incisal bite force were subjected to statistical analysis using Repeated measures ANOVA followed by post-hoc bonferroni test. RESULTS. The result suggests that denture adhesives improved the incisal bite force of complete denture wearers significantly The incisal bite force (in kg) in Group A without using adhesives, with powder adhesive, with paste adhesive and with adhesive strips was found to be 2.48 (${\pm}0.16$), 3.43 (${\pm}0.11$), 6.01 (${\pm}0.11$), 3.22 (${\pm}0.09$) respectively. The incisal bite force (in kg) in Group B without using adhesives, with powder adhesive, with paste adhesive and with adhesive strips was found to be 1.87 (${\pm}0.18$), 3.35 (${\pm}0.14$), 5.34 (${\pm}0.18$), 3.21 (${\pm}0.12$) respectively. The incisal bite force (in kg) in Group C without using adhesives, with powder adhesive, with paste adhesive and with adhesive strips was found to be 1.00 (${\pm}0.17$), 3.07 (${\pm}0.14$), 4.37 (${\pm}0.26$), 2.99 (${\pm}0.14$) respectively. CONCLUSION. Within the limitations of the study, it was concluded that the use of denture adhesive was found to be significantly effective in improving the incisal bite force of complete dentures until the dislodgement of upper denture. Fittydent paste adhesive was found to be more effective than the powder and strips adhesives. The improvement in incisal bite force was found to be higher in Group C in comparison to that of Group A and Group B.