• Title/Summary/Keyword: infringement

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Identifying Effective Dispute Resolution Mechanisms for Intellectual Property Disputes in the International Context

  • Lee, Ju-Yeon
    • Journal of Arbitration Studies
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    • v.25 no.3
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    • pp.155-184
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    • 2015
  • This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

IPR Issues in World contents Industry - Japanese countermeasures and Its Lessons to Korea - (세계 컨텐츠산업의 지적재산권 문제 - 일본의 대책과 한국에의 시사점 -)

  • Chung, Su-Won
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.229-243
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    • 2009
  • The content industries environment has been undergoing significant changes due to rapid technological innovation and content market expansion. Interest in the industry is growing fast both in Asia and Europe. However, in Japan content industries are showing almost zero growth with no increase in overseas expansion. Until now, Japanese content industries have been able to grow based on domestic demands. Many different factors contributed to today's zero growth in Japanese content industries. Two main reasons are: 1) Their lack of interest in overseas expansion and 2) Insufficient investment in domestic human resources development. Considerable amounts of Japanese contents including films, music, games, and animations have been distributed in many Asian countries and today piracy problems in the region are at a serious level. According to 2004 records pirated editions accounted for 85%, 16%, 19%, and 36% in China, Korea, Hong Kong, and Taiwan respectively. Pirated editions bring economic losses to Japanese copyright profits. Making it worse, they weaken the motivation to create content and make it hard to activate cultural exchanges. Losses from copyright violations in Japanese content industries are expected to keep increasing in the future. In order to make Japan competitive and grow it is crucial to take proper measures to protect copyright infringements. This study considers the current situation of the Japanese content market, infringement issues in content which is causing many problems in Asian countries, including China, and facts about losses caused by this problem.

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Investigating the Privacy Paradox in Facebook Based on Dual Factor Theory (페이스북에서의 프라이버시 패러독스 현상 연구 : 듀얼팩터이론을 중심으로)

  • Yu, Jae Ho;Lee, Ae Ri;Kim, Kyung Kyu
    • Knowledge Management Research
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    • v.17 no.1
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    • pp.17-47
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    • 2016
  • People use social network services (SNSs) for various purposes, for example, to share information, to express themselves, and to strengthen social relationships with others. Meanwhile, problems of personal information leakage and privacy infringement become a social issue and thus information privacy concerns about inappropriate collection and use of personal information increase in SNSs (e.g., Facebook). Although people have privacy concerns in SNSs, they behave in a contradictory way, voluntarily presenting themselves and disclosing personal information. This phenomenon is called 'privacy paradox'. Using dual factor theory, this study investigates the phenomenon of privacy paradox by looking into enablers (e.g., self-presentation) and inhibitors (e.g., information privacy concern) for continuous use of Facebook that can co-exist independently of each other. It also includes antecedents of self-presentation (i.e., narcissism, need for affiliation, involvement, and self-efficacy) and those of information privacy concern (i.e., previous experience of privacy infringement, privacy awareness, and privacy control). The results show that most hypothesized relationships were supported. These findings provide strategic implications for SNS providers who want to promote continuous use of SNS. Under the current circumstances in which enhanced privacy policies are required, this study would be a useful reference for future research on information privacy issues in SNSs.

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Development of a Copyright Protection System for Computer Forensics (컴퓨터 포렌식을 위한 디지털 저작권 보호시스템 개발)

  • Lee, Wol-Young;Hwang, Chul
    • Journal of Korea Multimedia Society
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    • v.10 no.3
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    • pp.365-372
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    • 2007
  • The information of world is most likely to be created as digital data. These digital productions need some legal protection mechanisms or techniques because users can illegally use them. Thus many researchers are developing various techniques. Currently most techniques are focusing on the physical and chemical methods like disk inspection for taking legal evidence about production infringement. This paper has developed a computer forensics-based copyrights protection system capable of detecting and notifying disobedience facts when user uses illegally a production. Furthermore if the user infringes continually the production the system stores the infringement facts to take the legal evidence by mapping to law for intellectual property right. The technique can protect data from digital evidence manipulation or destruction.

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A Study on the Market Status and Issues of e-Commerce Insurance (전자상거래 보험의 시장현황 및 쟁점에 관한 고찰)

  • Shin, Gun-Hoon
    • International Commerce and Information Review
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    • v.7 no.3
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    • pp.27-51
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    • 2005
  • Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

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Procedures of Coping with Each Type of Infringement using Live Forensic Technology (활성 포렌식 기술을 활용한 피해 유형별 침해사고 대응 절차 연구)

  • Yoon, Ju Hee;Kim, Mi Sun;Lee, DongHwi
    • Convergence Security Journal
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    • v.16 no.4
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    • pp.69-78
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    • 2016
  • As the development as the IT society accelerates, the frequency of terrorism from malignant codes and other cyber crimes is increasing. Malignant codes show various forms of attack according to the intentions of the attacker, and leaves behind digital evidences, not analog evidences when damages occur. Digital forensic, the procedure of collecting and analyzing digital evidence is one of the main factors that must be carried out when damages from malignant codes arise. However, there are the difficulties of not being able to preserve the integrity and authenticity in the procedure of coping witht infringements, which must be maintained in the digital forensic procedure. To complement such problems, this paper suggests the method of applying forensic by identifying the malignant code infringement incidents according to the type of damages.

Indifference Problems of Personal Information Protection of Social Media Users due to Privacy Paradox (소셜미디어 사용자의 프라이버시 패러독스 현상으로 인한 개인정보 무관심 형태에 대한 연구)

  • Kim, Yeonjong;Park, Sanghyeok
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.15 no.4
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    • pp.213-225
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    • 2019
  • Privacy paradox is a paradoxical behavior that provides personal information even though you are concerned about privacy. Social media users are also often concerned about their personal information exposure. It is even reluctant to describe personal information in profile. However, some users describe their personal information in detail on their profile, provide it freely when others request it, or post their own personal information. The survey was conducted using Google Docs centered on Facebook users. Structural equation model analysis was used for hypothesis testing. As an independent variable, we use personal information infringement experiences. As a mediator, we use privacy indifference, privacy concern, and the relationship with the act of providing personal information. Social media users have become increasingly aware of the fact that they can not distinguish between the real world and online world by strengthening their image and enhancing their image in the process of strengthening ties, sharing lots of information and enjoying themselves through various relationships. Therefore, despite the high degree of privacy indifference and high degree of privacy concern, the phenomenon of privacy paradox is also present in social media.

Unresolved Issues in Patent Dispute Evidence in Australia: Considering Arbitration as an Alternative to Litigation

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.26 no.3
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    • pp.121-147
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    • 2016
  • Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

A Study on the Types and Solves Plan of Popular Complaint by Construction Work Types - Focus on the Gwang-Ju City - (건축공사 공종에 따른 진정민원의 유형과 처리에 관한 연구 - 광주 지역을 중심으로 -)

  • Song, Hyuk;Go, Seong-Seok;Park, Hyeon-Ku
    • Journal of the Korean Society of Safety
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    • v.20 no.4 s.72
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    • pp.97-105
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    • 2005
  • As construction project is becoming larger, construction progress and works are more various and complex according to recent Korean construction tendency. The growth of construction induces much pollution on the progress of construction and the problems due to the construction pollution are raised into social problem strongly, because it is increasing the need on the quality of lift and the desire of clean environment. This study aimed to seek far the effective solving plan of the construction popular complaints by surveying the real condition of construction popular complaints and analyzing the cause and tansaction period of popular complaints. For this study, the laws related and popular complaints were analysed focusing on the documents in low district offices of Gwangju from 2000 to 2004. As a result, the types of construction popular complaints were divided into 17 and the causes were as follows in order: crack and subsidence of ground(14.90%), infringement of private life(11.55%), noise(10.80%), infringement of a right to sunshine(10.07%) and breakdown(6.7%). Consequently, it is considered that these complaints are occurred by physical and environmental causes.

The Study on Software Tamper Resistance for Securing Game Services (게임 서비스 보호를 위한 소프트웨어 위변조 방지기술 연구)

  • Chang, Hang-Bae;Kang, Jong-Gu;Joe, Tae-Hee
    • Journal of Korea Multimedia Society
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    • v.12 no.8
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    • pp.1120-1127
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    • 2009
  • The commensurate number of the attacks and infringement targeting a vulnerability of the game service has been increasing constantly, due to the dramatic growth and expansion of the impact of the game industry. However, there exist no subsequent researches for the differentiated technology, which is to prevent the reverse function of the game service. Therefore, in this study, we examined the current status of infringement toward online game services which are provided in the market currently and designed the proper technical measures for a manipulation of the game service which is the most vulnerable part. We have encrypted an execution file and decrypted it in real time process. Furthermore, we conducted debugging, disassemble, and prevented a its own memory dump, also concealed the information to overcome the module dependency to preclude a manipulation.

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