• Journal of Information Management
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• v.37 no.4
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• pp.141-159
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• 2006

This paper presents the response strategy taken by the both parties who possess and infringe the patent rights in the case of patent litigation occurring in local companies. It is common that many entrepreneurs suffer from patent judgment litigation related to the intellectual property rights. Response strategy on the standpoints of patentees and trespassers are discussed in several cases such as infringement and abuse of patent rights, divulgence of trade secret and invention during employment in small & medium sized enterprises.

• Women's Health Nursing
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• v.6 no.1
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• pp.5-17
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• 2000

The purpose of this study is to identify the type of attitude toward the sexual violence and to analyze the structure of subjectivity about the sexual violence. Q-methodological method was used. The Q concourse for this study was formed through literature review, open question and in-depth interview, 171 Q statements were obtained and finally 33 statements were selected. The subjects for Q classifications were 20 persons. The Quanl PC program was used for analysis. The results of the study were as follows : The first type, blaming offenders consisted of 10 subjects has the recognition that victims must not be blamed ; offenders are responsible for any circumstances ; and sexual violence is an infringement of human rights. the second type, blaming victims consisted of 3 subjects has the recognition that victims carelessness is causal factor of sexual violence. They recognized the sexual violence as an identical concept with sexual intercourse. The third type, blaming social moral consisted of 7 subjects has the recognition that the collapse of social ethics and moral gives rise to sexual violence. They recognized the sexual violence as both sexual intercourse and the infringement of human rights. In conclusion, the result leads to understand the type of attitude toward sexual violence in Korean sociocultural reality. Consequently, the results will be conductive to provide guidelines for nursing intervention and education program for preventing sexual violence.

• Journal of Information Technology Applications and Management
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• v.26 no.1
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• pp.39-51
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• 2019

As data grows rapidly, the provision of appropriate information needed by individuals has become an area of new services, and customized services which is enabling the analysis of optimal services through collecting, storing, and analyzing personal data are emerging in many fields. However, due to the characteristics of customized services based on various information collected by customers during the use of the service, the problem of privacy infringement is raised at the same time, and many studies are being actively conducted to solve this problem. This study seeks to explore how the customer's in-depth and customized services has an impact on their customers, which has not been derived from quantitative research using the grounded theory methodology. Through this, 84 concepts, 33 subcategories, 13 Categories and paradigm models were derived. In addition, 'Understanding and acceptance of online behavioral advertising (OBA)' was derived as a core category, and finally, acceptance types of OBA were classified into 'positive acceptance type', 'indifferent type', 'calculating type', and 'active resistance type' based on the key categories. This study divides the acceptance types of online behavioral advertising through the emotions and behaviors of the consumers throughout the procedure of online behavioral advertising experiences. In addition to the statistical and quantitative information currently used for providing behavioral advertising, it provides new criteria to reflect the refinement of behavioral advertising and personal tendencies or characteristics.

• Journal of Navigation and Port Research
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• v.46 no.2
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

• International journal of advanced smart convergence
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• v.12 no.4
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• pp.44-54
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• 2023

This paper provides a comprehensive analysis of the implications of the metaverse on the music industry, focusing on copyright issues and potential solutions. It delves into the concept and characteristics of metaverse platforms, describing them as environments that immerse users in a variety of virtual experiences. A significant portion of the paper is dedicated to exploring music use and copyright infringement in the metaverse. It examines how users incorporate existing music into their content, often leading to legal challenges due to copyright infringement. The paper discusses the role of online service providers (OSPs) in this context and the legal implications of their actions. The paper also addresses the 'safe harbor' provisions for OSPs and examines the balance between protecting rights holders and limiting OSP liability. It highlights the challenges and limitations of copyright enforcement in the metaverse, especially given the unique nature of content on platforms such as Roblox. Finally, the article proposes solutions to simplify music licensing in the metaverse, suggesting a shift from property rules to liability rules and the establishment of Collective Management Organizations (CMOs) to streamline the licensing process and better protect copyright holders' interests.

• Journal of Korea Technology Innovation Society
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• v.21 no.1
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• pp.265-299
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• 2018

Patent litigation has been considered as a tool to protect and facilitate innovation. Ironically, yet, the misguided uses of patent litigation as a strategic tool for vigilance against competitors are acting as a hindrance for innovation. Previous studies show that the better the quality of a patent, the higher the chance of the patent being litigated. Therefore, it is particularly important for the innovating firms to take strategic precautions to minimize the risk of patent litigation. This study investigates the moderating role of firms' past alliance experiences on the relationship between patent quality and patent litigation from the perspective of a defendant. A unique dataset on patents, infringement lawsuits, and firm performances in the printed electronics industry confirms that firms' previous alliance experiences mitigate the impact of patent quality on infringement litigation. For instance, the results confirm that the presence of past alliance experience reduces the litigation rate by 33% for firms with median-quality patents. This paper makes two major contributions. First, it contributes to the literature on alliance experience by confirming its role as a reputation in mitigating future litigations. Second, this paper contributes to the literature on patent litigation by identifying a unique moderator, i.e., alliance experience, on the linkage between patent quality and litigation. An innovating firm is likely to become an alleged infringer under a false accusation. Therefore, this paper focuses on firms that partake in infringement lawsuits unwillingly. Despite the importance, to the best of our knowledge, this is the first study to investigate patent litigations from the perspective of defendants.

• The Journal of the Korea Contents Association
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• v.20 no.7
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• pp.331-341
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• 2020

Recently the government has succeeded in shutting down the Illegal Copyrighted Websites by cracking down on the operators of the websites. But this only caused 'the Balloon Effect', similar websites were created and users shifted to the new websites. 'Follow the money' is drawing attention as a way to complement the effect of policies. It tracks the commercialization scheme and fund flows of the Illegal Copyrighted Websites and blocks the supply and publication of advertisements, which are the main source of revenue. This approach aims at self-closure of Illegal websites by blocking the revenue source. In this study, we have selected and analyzed overseas cases that adopted these measures. Many countries had different policies and campaigns, but three things are common: non-punishment measures, partnership based on voluntary participation, pursuing a variety of purposes other than protecting the copyright industry. In Korea, the reason public-private Partnerships was not properly established had been caused by the difference of views between them. Advertisers and agencies need to expand their awareness that illegal advertisements can have adverse effects such as brand image damage and enormous economic losses. Also campaigns and conferences related with the policy should be held to prevent copyright infringement through mutual understanding and cooperation.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.47-82
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• 2019

Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.

• The Journal of Society for e-Business Studies
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• v.23 no.1
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• pp.47-63
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• 2018

This study suggested quantitative models to calculate a royalty rate as an important input factor of the relief from royalty method which has the characteristics of income approach method and market approach method that are generally used in the valuation of intangible assets. This study built a royalty rate regression model by referring to the patent infringement damages cases based on royalties, i.e., by using the royalty rates as a dependent variable and the patent indexes of the corresponding patent right as independent variables. Then, a logistic regression model was constructed by referring to inter-partes review cases of patent rights, i.e. by using not-unpatentable results as a dependent variable and the patent indexes of the corresponding patent right as independent variables. A final royalty rate was calculated by matching the royalty rate from the royalty rate regression model with a not-unpatentable probability from the logistic regression model. The suggested royalty rate was compared with the royalty rate obtained by the traditional methods to check its reliability.

• Informatization Policy
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• v.27 no.1
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• pp.72-91
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• 2020

In this study, we classified SNS into open and closed types, and empirically examined in which SNS activity the privacy paradox holds. The idea comes from the argument that privacy paradox may be observed differently in the open SNS, which is more vulnerable to the leakage of personal information due to public profiles, and the closed SNS, which is relatively less vulnerable by limiting the range of acquaintances, The results of the empirical analysis are as follows. First, in case of SNS usage, the privacy paradox holds in the overall SNS activities, but different conclusions are drawn according to open and closed SNS. In particular, it is found that as privacy concerns increase, individuals respond in a reasonable and desirable way to reduce SNS activity in the open SNS, which is more susceptible to infringement. Second, in the case of SNS activity intensity, (i) heavy users are more seriously aware of the probability of privacy infringement than light users, so there is a reasonable response to reducing the intensive margin with increasing privacy concerns, and (ii) this tendency is more clearly observed in open SNS, which is more vulnerable to privacy infringement. Accordingly, insisting that the privacy paradox is empirically established by observing only the overall SNS activities without distinguishing them into open and closed SNS may be interpreted as a "Fallacy of Composition."