• Title/Summary/Keyword: infringement

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The Possibility of Arbitration of Patent In Japan -focusing on Kilby case(Japanese Patent Act Article 104-3)- (일본에서 특허의 유효성에 대한 중재가능성 -킬비 판결(일본 특허법 제104조의3)을 중심으로-)

  • Yun, Sun-Hee
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.57-72
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    • 2011
  • According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

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Legal Problem on the Clipping of the Photographic Works in the Social Media (소셜미디어에서의 사진저작물 스크랩에 관한 법률문제)

  • Jang, Yeon-Yi;Kim, Hee-Kweon
    • The Journal of the Korea Contents Association
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    • v.11 no.10
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    • pp.242-256
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    • 2011
  • The activity to share personal daily life through social media is becoming more common. In this case, photographs as well as text are used a lot; it has been as easy as winking to clip others' photographs just as it's very easy to take and post pictures. If the picture is the photographic work protected by the copyright law, however, the clipping should be paid close attention. If you use others' photographic works without authorization, you infringe their copyright; if you post them on your social media such as blog, you infringe the right of reproduction, interactive transmission and exhibition. Even though the clipping is permitted, if you'd like to use the photographic works for a profit-making purpose, you should get additional authorization. Others' photographic works are occasionally altered and used for the purpose of avoiding the argument in relation to the infringement of copyright; this act means that it's the infringement of the right of reproduction, the right to preserve the integrity and the right of the production of derivative works for degrees of alteration. We can download others' photographic works with a few mouse clicks thanks to the technology of capturing the screen; we have to recognize that all the acts technically possible are not always legal.

A Classification Method for Executable Files based on Comparison of Undocumented Information in the PE Header (실행파일 헤더내 문서화되지 않은 정보의 비교를 통한 실행파일 분류 방법)

  • Kim, Jung-Sun;Kang, Jung-Min;Kim, Kang-San;Shin, Wook
    • KIPS Transactions on Computer and Communication Systems
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    • v.2 no.1
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    • pp.43-50
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    • 2013
  • File identification and analysis is an important process of computer forensics, since the process determines which subjects are necessary to be collected and analyzed as digital evidence. An efficient file classification aids in the file identification, especially in case of copyright infringement where we often have huge amounts of files. A lot of file classification methods have been proposed by far, but they have mostly focused on classifying malicious behaviors based on known information. In copyright infringement cases, we need a different approach since our subject includes not only malicious codes, but also vast number of normal files. In this paper, we propose an efficient file classification method that relies on undocumented information in the header of the PE format files. Out method is useful in copyright infringement cases, being applied to any sort of PE format executable file whether the file is malicious, packed, mutated, transformed, virtualized, obfuscated, or not.

A Study of Information Leakage Prevention through Certified Authentication in Phishing, Vishing, SMiShing Attacks (Phishing, Vishing, SMiShing 공격에서 공인인증을 통한 정보침해 방지 연구)

  • Park, Dea-Woo;Seo, Jeong-Man
    • Journal of the Korea Society of Computer and Information
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    • v.12 no.2 s.46
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    • pp.171-180
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    • 2007
  • The financial crime that used morale anger Phishing, Pharming, Vishing, SMiSing etc. will gain during recent cyber crimes. We are study systematically whether or not leakage of information and infringement can how easily occur to Phishing, Vishing, SMiSing using a social engineering technique and VoIP at these papers through experiment. A hacker makes Phishing, Vishing site, and test an information infringement process of a user through PiSing mail and a virus, a nasty code, Vishing, a SMiSing character, disarmament of Keylogger prevention S/W etc. as establish server. Information by Phishing, Vishing, SMiSing is infringed with leakage in the experiment results, and confirm, and test certified certificate and White List and a certified authentication mark, plug-in program installation etc. to prevention, and security becomes, and demonstrate. Technical experiment and prevention regarding Phishing of this paper and Vishing attack reduce the damage of information infringement, and be education for Ubiquitous information security will contribute in technical development.

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A Study on the Threat Review to use Secure Smartphone Applications (안전한 스마트폰 앱 사용을 위한 위협 요소 검토 연구)

  • Choi, Heesik;Cho, Yanghyun
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.16 no.1
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    • pp.41-54
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    • 2020
  • In this paper, it will study various problems such as personal information infringement from when using various useful Apps in the Smartphone environment. It also researched the vulnerabilities Mobile Apps and the risks of personal information leakage when using Smartphone information to decrease threat and find solution. In the second chapter, it will check the existing Mobile App related Apps. In the third chapter, it will check the threats and major factors that caused by the leakage of personal information which related to the app. Then it will suggest solution and end with conclusion. This paper also looked at various problems that caused by illegal adverse effect from illegal personal information collection. Then it researched and made suggestion to make consideration on safety of personal information and privacy infringement that threat to personal information For safety of mobile banking, it proposed a safety method to separate and manage the code which has the core logic which required to run the App. For safety of direction App, when running the direction App, even if the information is collected, location information for unauthorized accessed will encrypt and store in DB, so that access to personal information is difficult. For delivery App environment, by using the national deliver order call center's representative phone to receive a telephone order then, the customer information is delivered to the branch office when it receive order and it will automatically delete information from the server when the delivery is completed by improving DB server of order. For the smart work app environment, the security solution operates automatically by separating and make independent private and work areas. Then it will suggest initialization for company's confidential business information and personal information to safe from danger even if loss.

A study of Copyright Infringement Countermeasures for designers (디자이너를 위한 저작권 침해 대응 방안 연구)

  • Lee, Je;Ryu, Seuc-Ho
    • Journal of Digital Convergence
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    • v.14 no.9
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    • pp.447-452
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    • 2016
  • Designers need to manage their copyrights. Designers be placed in both situations. The two situations is sometimes the case that infringes their copyrights and infringes the copyrights of others. But most designers do not know what to do to deal with this situation. Designers have to judge a lot of things for themselves. Designers should inform the user that you have infringed my copyright. And they will have to think about the legal proceedings. This paper was written based on the legal process, conducted from 2012 to 2014. Copyright infringement countermeasures for designers through this case were investigated. And to organize a correspondence course was organized personal correspondence, legal action, ruling process. The study of the processes for copyright holders themselves to respond to the piracy situation is needed.

Access Control Mechanism for Industrial Control System Based Smart Contract (스마트 컨트랙트 기반의 산업제어시스템 접근 제어 메커니즘)

  • Cho, Minjeong;Lee, Changhoon
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.29 no.3
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    • pp.579-588
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    • 2019
  • Industrial control systems consist of various physical devices such as sensors, actuators. Security Infringement such as waterworks facilities Remote Access Infringement and power control systems Infection have been occured by vulnerability of Access Control. Access control to physical devices must be fulfilled with a reliable system. However, Having a single access control system inside company can not guarantee reliability. In addition, when single access control is struggled with error or infringement, access control system is totally unavailable. so system requires a additional access control method or system. In this paper, we proposed access control mechanism for reliable and stable operation using blockchain and smart contract. Proposed Mechanism using trust score to consider resources to be consumed depending on each industrial environment in consideration of the industrial control system where availability is more important than integrity and confidentiality. Unlike other blockchain-based access control system, proposed system is designed for the currently operating industrial control system.

Causes and Effects of Conflict Arising from Public Pedestrian Passages in an Apartment Complex - Based on a Survey of Residents living in an Apartment Complex - (공동주택 단지 내 공공보행통로의 갈등 요인과 영향 - 공동주택 거주민의 인식조사를 바탕으로 -)

  • Lee, Seung-Ji
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.12
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    • pp.95-102
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    • 2018
  • The purpose of this study is to investigate the causes of conflict that arise from public pedestrian passages installed in apartment complexes through a survey of residents' perceptions and to investigate the effects on the satisfaction with and necessity of the public pedestrian passage. This has significance as a preliminary research into determining solutions to conflict related to public pedestrian passages that are open spaces, accessible 24 hours a day to pedestrians including people who live outside of the apartment complex. The result of the residents' perception survey showed that there is conflict due to the public pedestrian passage. The main problem was the noise-related variables. While management and safety variables were also perceived as problems, privacy and ownership infringement variables were not. These problems were reduced to four factors through a factor analysis: unfavorable incidents, environment management, ownership infringement, and safety crimes. Analyzing the effects of the above factors on the satisfaction with the apartment complex, satisfaction with the public pedestrian passage and the necessity of the public pedestrian passage, demonstrated that the unfavorable incidents factor influenced all the variables. The safety crimes factor, which is an extended concept of the unfavorable incidents, affected both the satisfaction and necessity of the public pedestrian passage. The ownership infringement factor was found to affect the satisfaction of the public pedestrian passage only, and the environment management factor did not affect all the variables. In planning and managing public pedestrian passages, avoiding incidents and crimes should be considered as a priority to increase the satisfaction of residents and solve conflicts.

A Discriminating Mechanism of Suspected Copyright Infringement Video with Strong Distortion Resistance (왜곡 저항력이 강한 저작권 침해 영상 저작물 판별 기법)

  • Yu, Ho-jei;Kim, Chan-hee;Chung, A-yun;Oh, Soo-hyun
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.31 no.3
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    • pp.387-400
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    • 2021
  • The increase in number of streaming platforms and contents thereof, owing to an advancement of cloud environment, has triggered the rapid proliferation of illegally replicated contents as well as legal contents. This necessitates the development of technology capable of discriminating the copyright infringement of various contents. The Korea Copyright Protection Agency operates a video content demonstration system using AI, but it has limitations on distortions such as resolution changes. In this paper, we propose the powerful mechanism using skeleton, which is resistant against distorted video contents and capable of discriminating copyright infringement of platforms streaming illegal video contents. The proposed mechanism exploits the calculation of Hamming distance to the original video by converting collected data into binary ones for the efficient calculation. As a result of the experiment, the proposed mechanism have demonstrated the discrimination of illegally replicated video contents with an accuracy of 94.79% and average magnitude of 215KB.

A Study on the Adoption of Discovery in Copyright Litigation (저작권 소송 절차에서 디스커버리 도입에 관한 소고)

  • Kim, Si Yeol
    • Journal of Software Assessment and Valuation
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    • v.16 no.2
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    • pp.25-35
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    • 2020
  • In the Korean litigation system, structural maldistribution of evidence still remains a conundrum. Numerous solutions have been discussed so far and, today, few people deny the need for adopting a system similar to the discovery procedure in the United States. In the intellectual property (IP) domain, a wide range of legislative attempts have been made to improve the litigation system, especially for patent litigation. However, the adoption of discovery in copyright litigation is seldom discussed, despite the fact that copyright infringement lawsuits increasingly involve highly technical issues, especially in case of copyrightable computer programs. The lack of discussion on discovery adoption forms a stark contrast with the active attempts to adapt and adopt discovery procedure for patent litigation. In copyright infringement lawsuits, especially for copyrighted computer programs, securing evidence takes on crucial importance. However, in reality, there are numerous obstacles. Some lawsuits proceed even without properly securing the infringed work. To address this issue, the current litigation system needs to be improved by adopting a procedure similar to discovery. This paper reviews what solutions are being utilized today, and how we should approach the issue.