• Title/Summary/Keyword: intellectual framework

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Study on the legal system alignment of Invention Promotion Act and Its Relationship with the Framework Act on Intellectual Property (발명진흥법 법체계 정비와 지식재산 기본법의 관계에 관한 연구)

  • Lee, Kyung-Ho;Kim, Si-Yeol;Kim, Hwa-Rye
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.8
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    • pp.280-291
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    • 2016
  • The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

Factors Affecting the Distribution of Intellectual Potential and Returns in Kazakhstan

  • KIREYEVA, Anel A.;KANGALAKOVA, Dana M.;AINAKUL, Nazym;TSOY, Alexander
    • Journal of Distribution Science
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    • v.20 no.2
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    • pp.55-64
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    • 2022
  • Purpose: This research is aimed to study the level of the intellectual potential distribution, as well as the correlation between economic growth and key indicators of intellectual potential in each region of Kazakhstan. A review of the conceptual framework shows that there is a large body of research evaluating the level of intellectual potential in different ways based on different factors. Research design, data, and methodology: The research methodology is divided into two groups the integral index method using the normalization of indicators, weighting, and ranking; the method of correlation analysis. By the proposed methodological approaches, were calculated a set of factors affect the distribution of the intellectual potential. Statistics are taken for indicators of development of the intellectual potential for 2011-2020 from the Bureau of National Statistics. Results: Ranking results showed gaps between regions in Kazakhstan by the level of intellectual potential. Correlation analysis results revealed a statistically significant relationship on expenditures on R&D, computer literacy, innovative products, number of PhD students, and cultural and leisure indicators. Conclusions: Based on the obtained results of the intellectual potential level development there were given recommendations for the reproduction and regulation of the intellectual potential in the future.

A study of Chinese fashion design copyright protection cases - Highlighting infringement cases involving the intellectual property rights of Bai Yi Bei in 2023 - (중국 패션디자인 저작권 보호 판례 고찰 - 2023년 백일배(百一杯) 지식재산권 판례를 중심으로 -)

  • Yueding Zhou;Hyunzin Ko
    • The Research Journal of the Costume Culture
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    • v.32 no.2
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    • pp.287-298
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    • 2024
  • Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.

Measurement Indicators for Intellectual Capital in Public Research Institute (정부출연 연구기관의 지적자본 측정지표 개발 : E연구원의 사례를 중심으로)

  • Lee, Chan-Gu;Kim, Dong-Yeong;Park, Sang-Gyu;Hwang, Yeong-Ha;Han, Gyeong-Hui;Kim, Yong-Gu
    • Journal of Korea Technology Innovation Society
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    • v.8 no.1
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    • pp.51-76
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    • 2005
  • This paper aims to develop the intellectual capital (IC) indicators which are the most available for the E institution, a typical type of public research institute in Korea. In this paper, we basically adopted the "Intangible Assets Monitor" proposed by Sveiby and comprising three kinds of intellectual capital, namely human capital, internal structure capital and relationship capital, as a research framework. For this work, we firstly identified 12 categories and 27 components of intellectual capital for E institution. Next, we extracted 37 main indicators and 94 sub ones from these categories and components as a whole. As a result, it may be the first time in Korea for E institution of develop its own IC indicators which are slightly, or sometimes totally, different from ones for private companies in the perspective of their organizational attributes and characteristics.

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Measurement of Intellectual Capital in Public Research Institute (공공 연구기관의 지적자본 측정)

  • Yi Chan-Goo;Kim Myung-Soon;Kim Dong-Young;Park Sang-Gyu;Lee Seung-Koog;Kim Yong-Koo
    • Journal of Korea Technology Innovation Society
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    • v.8 no.2
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    • pp.757-782
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    • 2005
  • This paper aims to measure the intellectual capital (IC) of the E institute, a typical type of public research institute and to analyse the measurement results. Regarding the research framework, we basically adopted the 'Intangible Assets Monitor' proposed by Sveiby and comprising human capital, structural capital and relational capital. For this work, we firstly identified 37 intellectual capital indicators which are slightly, or sometimes totally, different from ones for private companies in the perspective of their organisational attributes and characteristics. Then, based on these 37 indicators, we measured a current state of the intellectual capital in 2003 and 2004 respectively and identified the range of variation between two years. Through this work, we try to show that the core competitiveness of the public research institute came from not tangible assets such as land, building and facilities, but intellectual capital including human competences, the rational organisational system and the stakeholder's satisfaction. As a result, it may constitute the first time in Korea for the E institute to measure its own intellectual capital for two years as well as to publish the findings of measurement.

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The Impact of Intellectual Capital Disclosure on Firm Performance: Empirical Evidence from Pharmaceutical and Chemical Industry of Bangladesh

  • RAHMAN, Md. Musfiqur;SOBHAN, Raihan;ISLAM, Md. Shafiqul
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.2
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    • pp.119-129
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    • 2020
  • The main purpose of this study is to examine the impact of intellectual capital disclosure (ICD) on firm performance in the pharmaceutical and chemical industry of Bangladesh. In this study, 21 listed pharmaceutical and chemical companies have been selected as sample for 2016 and 2017. This study used the intellectual capital disclosure index developed by Rahman, Sobhan, and Islam. Return on assets and return on equity have been used as the proxy variable of firm performance. In this study, content analysis is performed to assess the level of disclosure regarding intellectual capital and pooled cross-sectional analysis is used to assess the relationship between ICD and firm performance. The study has found a positive and significant relationship between ICD and firm performance. Besides, an in-depth analysis of this study shows that all the components of ICD namely internal capital disclosure, external capital disclosure, and human capital disclosure are also positively and significantly associated with firm performance. The study suggests the development of an intellectual capital disclosure framework by the regulatory authority for mandatory compliance. This will improve the quality and quantity of ICD in the annual reports. Besides, firms should more emphasize on ICD which will help to improve their performance.

Arbitrability of Patent Disputes in Korea: Focusing on Comparisons with U.S. legislation and case

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.31 no.3
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    • pp.69-89
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    • 2021
  • General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

Recent Trends and Use of International Commercial Mediation in The Area of Intellectual Property Rights - Focused on the WIPO Mediation (지식재산권 분야의 국제상사조정제도와 활용 - WIPO조정을 중심으로)

  • YI, LORI
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.77-98
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    • 2021
  • International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

Next Generation Convergence Security Framework for Advanced Persistent Threat (지능형 지속 위협에 대한 차세대 융합 보안 프레임워크)

  • Lee, Moongoo;Bae, Chunsock
    • Journal of the Institute of Electronics and Information Engineers
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    • v.50 no.9
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    • pp.92-99
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    • 2013
  • As a recent cyber attack has a characteristic that is intellectual, advanced, and complicated attack against precise purpose and specified object, it becomes extremely hard to recognize or respond when accidents happen. Since a scale of damage is very large, a corresponding system about this situation is urgent in national aspect. Existing data center or integration security framework of computer lab is evaluated to be a behind system when it corresponds to cyber attack. Therefore, this study suggests a better sophisticated next generation convergence security framework in order to prevent from attacks based on advanced persistent threat. Suggested next generation convergence security framework is designed to have preemptive responses possibly against APT attack consisting of five hierarchical steps in domain security layer, domain connection layer, action visibility layer, action control layer and convergence correspondence layer. In domain connection layer suggests security instruction and direction in domain of administration, physical and technical security. Domain security layer have consistency of status information among security domain. A visibility layer of Intellectual attack action consists of data gathering, comparison, decision, lifespan cycle. Action visibility layer is a layer to control visibility action. Lastly, convergence correspond layer suggests a corresponding system of before and after APT attack. An introduction of suggested next generation convergence security framework will execute a better improved security control about continuous, intellectual security threat.

A CASE STUDY OF TAIWAN'S FRAMEWORK TO EVALUATE UNSOLICITED PUBLIC/PRIVATE PARTNERSHIP PROPOSALS

  • Ying-Yi Chih;Yaw-Kuang Chen
    • International conference on construction engineering and project management
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    • 2007.03a
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    • pp.218-228
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    • 2007
  • The acceptance of unsolicited proposals (a private-initiated process) has been viewed by several governments as a means of encouraging innovative initiatives. However, the ramifications of this mechanism are still poorly understood. This paper analyzes a framework used by the Taiwanese government to evaluate unsolicited proposals. Taiwan's experience demonstrates the need for an improved framework in which key issues such as building consensus, maintaining a transparent procurement process, ensuring sufficient competition, and protecting intellectual property rights shall be addressed. In addition, the case study suggests that the roles of participants, the relationships and interfaces of activities, information flows, and decision making points should all be well defined. Some fundamental differences between solicited and unsolicited proposals are also discussed.

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