• Title/Summary/Keyword: infringement

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Countermeasure by Cyber Infringement Accident Present Condition Analysis of Public and Private Section (공공 및 민간부문의 사이버침해사고 현황분석에 따른 대응방안)

  • Cho, Ho-Dae;Shin, Dong-Il
    • The Journal of the Korea Contents Association
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    • v.9 no.1
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    • pp.331-338
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    • 2009
  • We live was operates the life which is the Internet and became infra is very important. In order minimizes like this disfunction from will be applied the new order must take a position in cyber space. The cyber infringement most the information society brings about is serious concern middle one. The biggest thing is anonymous characteristic with cause of cyber crime. Also well cannot know becomes the cause where commits a crime that about cyber crime. Cyber crime the guilty conscience is thin. And the criminal who commits a cyber crime sense of insecurity is few. This paper which sees cyber infringement accident dividing came in public section, and analyzed presented a present condition and a confrontation plan.

Some Methods Determining Reasonable Royalty Rates for Patent Valuation - An Infringement Damages Model (특허가치평가를 위한 합리적 로열티율 산정 방안 - 손해액산정모형을 중심으로)

  • Yang, Donghong;Kim, Sung-Chul;Kang, Gunseog
    • Journal of Korea Technology Innovation Society
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    • v.15 no.3
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    • pp.700-721
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    • 2012
  • This paper deals with methods for determining the reasonable royalty rates in the valuation of patents. To calculate the reliable reasonable royalty rate of a patent, we review pros and cons of the 25% rule royalty calculating method and the recent trend of this method. We also review the game theory of Nash Bargaining equation and review the Investment of Rate of Return Method according to the financial analysis. Next, we refer to the reasonable royalty damage cases among the recent patent infringement cases in USA and analyze the corresponding patents. We extract the patent indicators from the patent bibliographic information. Finally, we obtain a regression model for calculating a reasonable royalty rate using the patent indicators and the reasonable royalty rates in the recent patent infringement cases.

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The Trend of Precedents about Calculation of Damage Compensation for Last Decade (손해배상액 산정에 관한 최근 10년간 판례의 동향 (상)(上))

  • Park, Young-Ho
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.11-36
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    • 2009
  • This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

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A Consideration for Intellectual Property Rights under Digital Environments (전자상거래에서의 지적재산권에 관한 문제점과 개선방안)

  • Kwon, Sang-Ro
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.249-265
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    • 2004
  • In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

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Risk Analysis for Protecting Personal Information in IoT Environments (사물인터넷(IoT) 환경에서의 개인정보 위험 분석 프레임워크)

  • Lee, Ae Ri;Kim, Beomsoo;Jang, Jaeyoung
    • Journal of Information Technology Services
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    • v.15 no.4
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    • pp.41-62
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    • 2016
  • In Internet of Things (IoT) era, more diverse types of information are collected and the environment of information usage, distribution, and processing is changing. Recently, there have been a growing number of cases involving breach and infringement of personal information in IoT services, for examples, including data breach incidents of Web cam service or drone and hacking cases of smart connected car or individual monitoring service. With the evolution of IoT, concerns on personal information protection has become a crucial issue and thus the risk analysis and management method of personal information should be systematically prepared. This study shows risk factors in IoT regarding possible breach of personal information and infringement of privacy. We propose "a risk analysis framework of protecting personal information in IoT environments" consisting of asset (personal information-type and sensitivity) subject to risk, threats of infringement (device, network, and server points), and social impact caused from the privacy incident. To verify this proposed framework, we conducted risk analysis of IoT services (smart communication device, connected car, smart healthcare, smart home, and smart infra) using this framework. Based on the analysis results, we identified the level of risk to personal information in IoT services and suggested measures to protect personal information and appropriately use it.

Analysis of Information Security Issues and Classification through Metaverse Infringement Cases

  • Mi-Na, Shim
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.13-22
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    • 2023
  • In the age of Web 3.0, the metaverse is emerging as a new innovative element to replace the Internet. Leading major ICT companies, it is striving to become a metaverse platform or infrastructure-oriented company. Along with the expansion of the VR and AR market, governments of each country are investing large budgets in this field. However, security concerns about metaverse are also growing. In addition to potential damage to infrastructure, platform and services, personal information leakage and privacy damage are expected to increase further. In this study, we investigated and closely analyzed cases of infringement on the infrastructure, platform, and service of Metaverse. We have clearly identified the current state of metaverse security and the characteristics of the risks of greatest concern. The research procedure is composed of a method of determining the metaverse security area for case analysis first and deriving the type of threat by area through the type of infringement. In particular, the results were mapped into Domain, Case, and Threat, and the implications of the results were analyzed. Through these results, researchers want to contribute to finding the right direction of research by clearly understanding the latest metaverse security status.

System Implement to Identify Copyright Infringement Based on the Text Reference Point (텍스트 기준점 기반의 저작권 침해 판단 시스템 구현)

  • Choi, Kyung-Ung;Park, Soon-Cheol;Yang, Seung-Won
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.77-84
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    • 2015
  • Most of the existing methods make the index key with every 6 words in every sentence in a document in order to identify copyright infringement between two documents. However, these methods has the disadvantage to take a long time to inspect the copyright infringement because of the long indexing time for the large-scale document. In this paper, we propose a method to select the longest word (called a feature bock) as an index key in the predetermined-sized window which scans a document character by character. This method can be characterized by removing duplicate blocks in the process of scanning a document, dramatically reducing the number of the index keys. The system with this method can find the copyright infringement positions of two documents very accurately and quickly since relatively small number of blocks are compared.

A Comparison of Knowledge, Affectivity and Behavior between Before and After Internet Ethics Education (Focusing on the Copyright Infringement) (대학 인터넷윤리 교육 전후의 인지.정의.행동 영역별 비교(저작권 침해 중심으로))

  • Kang, Sunghee
    • The Journal of Korean Association of Computer Education
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    • v.16 no.1
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    • pp.43-50
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    • 2013
  • This study was conducted to examine the effects of Internet ethics education. To do so, I compared the knowledge, affectivity and behavior of students on the copyright infringement between before and after Internet ethics education. The subjects of study were 150 students who had taken Internet ethics course in university. Upon comparing their knowledge and affectivity on the copyright infringement between before and after Internet ethics education, they scored higher after education than before, which was statistically significant. The subjects' behavior on the copyright infringement had a tendency to increase after education, but there were not significantly increased. This result showed that the current Internet ethics education has some limitation in making the students practice what they know. To resolve this problem, it is important to do early-childhood Internet ethics education. And more research on diverse teaching and learning methods in Internet ethics education is needed to produce educative results.

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A Study on the Property Values of News Articles and Copyright Infringement (보도기사의 재산권적 가치와 무단전재를 통한 저작권 침해에 관한 연구)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.39
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    • pp.324-354
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    • 2007
  • Facts, which constitute news, are as free as air. When they are transformed into news via labor and capital investment of a news organization, the news is deemed to have property values, and the media can claim exclusive rights over the news. The copyright law protects the originality of a work, the uniqueness of reporter's analysis, the selection of words, the arrangement of materials, and the emphasis given on particular points. The name of the game of copyright infringement lies in the infringement of the similarity of the method of expression, not the infringement of the subject. Even though news articles convey information by specifying factual elements of an event or accident, they still have some originality. The judgement that news articles lack of originality is inconsistent with the purpose of the copyright law. Therefore, the law should be amended to articulate that the unauthorized use of news articles without a proper citation shall be the subject of legal action, and courts should decide related cases accordingly.

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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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