• Title/Summary/Keyword: genuine goods

Search Result 17, Processing Time 0.02 seconds

The Law and Case Study on the Domain Name Protection (도메인네임의 보호(保護)에 관한 법리(法理) 및 사례연구(事例硏究))

  • Kim, Yeon-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.15
    • /
    • pp.169-209
    • /
    • 2001
  • As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

  • PDF

The Relationship Between Islamic Leadership on Employee Engagement Distribution in FMCG Industry: Anthropology Business Review

  • MEIYANI, Eliza;PUTRA, Aditya Halim Perdana Kusuma
    • Journal of Distribution Science
    • /
    • v.17 no.5
    • /
    • pp.19-28
    • /
    • 2019
  • Purpose - This study aims to analyze the causality relationship between Islamic leadership style on employee engagement through empirical testing and anthropology economics approach. Research design, data, and methodology - The sample of this study 117 respondents who are employees of various levels of management in one of the FCMG industry in South Sulawesi Province, Indonesia. Data collection with surveys. Data analysis through three steps, i.e., Pearson Correlation, The Second order modeling and also regression using SPSS. Results - Islamic leadership style has a positive and significant effect on employee engagement. The Islamic leadership that we developed in this study can be an alternative solution for organizations in today's modern business. Apart from those anthropological elements in the viewpoint of contemporary activity in the example in this study illustrate that to realize employee engagement, the role of organizational atmosphere and leadership, as well as management and team support has a genuine impact on accomplishing the company's goals and sustainability. Conclusions - The Islamic leadership that we developed in this study can be an alternative solution for organizations in today's modern business. The critical elements in embodying employee engagement are mainly in the skills, reliability, and level of trust of a leader in the organization.

Effects of China Online Market Counterfeit Products Message on Purchase Intention (중국 온라인 시장에서 위조품에 관한 정보 제시 여부가 구매의도에 미치는 영향)

  • Shuge, Cui;Kim, Myung-Jin
    • The Journal of the Korea Contents Association
    • /
    • v.18 no.2
    • /
    • pp.81-91
    • /
    • 2018
  • A counterfeit product is a product that pretends to be a genuine product by pretending to be false. It can also be called a counterfeit product. This study attempts to investigate how such illegal floods of counterfeit goods affect online shopping consumers. In addition, the accessibility of various product reviews on the internet is increasing, and the product reviews are divided into positive and negative reviews, affecting the information that the customer has already, and the influence of the information acceptance on the purchase intention depending on the product involvement Respectively. Therefore, the focus of this study was to examine whether the information presentation about counterfeit products affects consumers' purchase intention, review direction (positive / negative), and involvement (high / low) control the information about counterfeit products. Therefore, this study has shown that it provides a marketing strategy to increase the intention to purchase products and products in online companies and stores in a situation where information about counterfeits is exposed to online consumers in China market.

A Study on the Legal Status of Fishing Vessels (실정법상(實定法上) 어선(漁船)의 지위(地位)에 관한 고찰(考察))

  • Choe, Jong-Hwa;Kim, Jin-Kun;Lee, Byoung-Gee
    • Journal of Fisheries and Marine Sciences Education
    • /
    • v.3 no.1
    • /
    • pp.35-43
    • /
    • 1991
  • The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.

  • PDF

A Case Study of FTA Utilization on the Violation of Determining the Country of Origin (FTA 원산지결정기준 위반의 유형별 사례분석 및 대응방안)

  • Yun, Jun Ung;Lee, Chun Su
    • International Commerce and Information Review
    • /
    • v.17 no.2
    • /
    • pp.201-223
    • /
    • 2015
  • Concerning post-verification which is after the application of FTA preferential tariffs, in cases such as Korea-EFTA and Korea-ASEAN, the growing trend of post-verifications was restricted and there was no active research concerning this; whereas with Korea-EU FTA which adopted indirect verification for post-verification, the demand for post-verification has been rising constantly each year; and for Korea-US FTA which has adopted direct verification, a new approach to post-verification research is needed as it began genuine post-verification regarding many national enterprises only after a year and a half since the agreement. This study will consider the counter measures that can be taken for post-verification, through case of studies on the factors influencing violation of determining the country of origin for export company regarding verification of FTA. Result of this case study regarding the determining a violation of origin, The main cause of the violation factors on the essential & general principles(goods wholly obtained, value added criteria) are lack of understanding agreement & manpower. but Violation of the parties to a transaction & the origin certification are lack of advanced preparation and effected violation of principle of good faith. Finally, In this study help countermeasures of export company through the Detailed analysis of the type & implications deriving from verification of origin.

  • PDF

The History of the History of Religions and Intellectual History : Concerning with the Work of Hans G. Kippenberg (서구 종교학의 역사에 대한 지성사적 재조명: 키펜베르크의 논의를 중심으로)

  • Jo, Hyeon-Beom
    • Journal of the Daesoon Academy of Sciences
    • /
    • v.17
    • /
    • pp.113-134
    • /
    • 2004
  • According to Hans Kippenberg, the foundation of an academic study of religions coincided with the beginnings of modernization. Since the second half of the nineteenth century most European countries were involved in a process of rapid social change. The repercussions that this had for daily life were momentous. Instead of working for their traditional needs, people now had to produce goods for a market. Old customs ceded to private contracts and political laws. The superior knowledge of science replaced the inherited worldview. This deep changed severed societies from their ties to the past. Many educated people in Europe believed in an imminent end of all religions. Had not the scientific progress superseded the religious worldview? Historians had to come to terms with that expectation when they directed their attention to historical religions. Friedrich Max Muller introduced a new science, so-called Religionswissenschaft through the study of the ancient Vedic sources. He thought that genuine religion was a taste for, and sense of, the infinite. From his point of view, the Indian sources confirm that nature is more than mechanical laws. Thus his interpretation sought to contradict the materialist ideology of his day. Edward Burnett Tylor described religions as a kind of natural philosophy. His notion of 'soul' functioned to explain natural events. This legacy of the past cannot be missed even in modern society. Only the concept of the soul may preserve human dignity in an age of materialism. Gerardus van der Leeuw, also tried to perform the same function of the cultural critique for the renewal of the religious imagination in modern, rationalized Europe imprisoned in the iron-cage. In this respect, we could think that the interpretations of the history of the History of Religions in the light of the intellectual history are very suggestive for the korean student of religion. It helps them to describe the early history of the study of religion in Korea. For example, Yi Neung Wha(李能和) is regarded as 'a father of korean religious studies, but no one could present a proper answer for the question of why and through which connection of his intellectual milieu he was interested in the religious history and the study of religion. We would discover its signification in his confrontation of the prevailing social thought, such as social evolutionism.

  • PDF

The Influences of Chinese Interpersonal Culture on Counterfeit Brand (중국인의 타인의식형 집단문화와 위조명품 브랜드 구매행동)

  • Kim, Joo-Ho
    • Asia Marketing Journal
    • /
    • v.13 no.2
    • /
    • pp.27-48
    • /
    • 2011
  • The Chinese counterfeits has begun to gain great attention recently because of the drastic increase in its volume. The consumption of counterfeit harms to manufacturer who spend millions of dollars to create and develop new product. The counterfeits in Chinese can cause international dispute and lower national reputation. The purpose of this study were to examine if the buyers of counterfeits tend to care more about interpersonal relationship than non-buyers among Chinese. Data were gathered by surveying Chinese consumer living in Beijing, Shanghai, and Guangzhou metropolitan area using convenient sampling, and 480 questionnaires were used in the statistical analysis. In analyzing data, descriptive statistics, factor analysis, structural equation modeling with AMOS were conducted. The results of this study were follows, first, attitude toward counterfeits was classified into three factors such as interpersonal relationship, perception, and involvement. It is general belief that attitudes toward counterfeits were correlated with on brand attachment, however this study show that the buyers of counterfeits tended to purchase counterfeit goods as more alternatives of genuine(original) product than non-buyers. Perhaps, the buyers of counterfeits tended to have lower consumer ethics than non-buyers because they value counterfeit high. It is generally accepted that both a producer and a buyer violate the laws, but they are rather generous for buyer. The results of this study suggest consumers' attitude towards counterfeit need to be changed, following consumer education and strict law enforcement. Based on these results, global brand marketing strategies for luxury goods were suggested.

  • PDF