• 무역상무연구
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• 제15권
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• pp.169-209
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• 2001

As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.519-546
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• 2004

On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

• 대한수학회보
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• 제48권6호
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• pp.1137-1146
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• 2011

Let {$X_i$, $i{\geq}1$} be a sequence of i.i.d. nondegenerate random variables which is in the domain of attraction of the normal law with mean zero and possibly infinite variance. Denote $S_n={\sum}_{i=1}^n\;X_i$, $M_n=max_{1{\leq}i{\leq}n}\;{\mid}S_i{\mid}$ and $V_n^2={\sum}_{i=1}^n\;X_i^2$. Then for d > -1, we showed that under some regularity conditions, $$\lim_{{\varepsilon}{\searrow}0}{\varepsilon}^2^{d+1}\sum_{n=1}^{\infty}\frac{(loglogn)^d}{nlogn}I\{M_n/V_n{\geq}\sqrt{2loglogn}({\varepsilon}+{\alpha}_n)\}=\frac{2}{\sqrt{\pi}(1+d)}{\Gamma}(d+3/2)\sum_{k=0}^{\infty}\frac{(-1)^k}{(2k+1)^{2d+2}}\;a.s.$$ holds in this paper, where If g denotes the indicator function.

• 무역상무연구
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• 제13권
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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.

• Ocean Systems Engineering
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• 제12권1호
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• pp.87-142
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• 2022

An analysis for the computation of Fatigue Damage Index (FDI) under the effects of the various combination of the ocean loads like random waves, current, platform motion and VIV (Vortex Induced Vibration) for a certain design water depth is a critically important part of the analysis and design of the marine riser platform integrated system. Herein, a 'Computer Simulation Model (CSM)' is developed to combine the advantages of the frequency domain and time domain. A case study considering a steel catenary riser operating in 1000 m water depth has been conducted with semi-submersible. The riser is subjected to extreme environmental conditions and static and dynamic response analyses are performed and the Response Amplitude Operators (RAOs) of the offshore platform are computed with the frequency domain solution. Later the frequency domain results are integrated with time domain analysis system for the dynamic analysis in time domain. After that an extensive post processing is done to compute the FDI of the marine riser. In the present paper importance is given to the nature of the current profile and the VIV. At the end we have reported the detail results of the FDI comparison with VIV and without VIV under the linear current velocity and the FDI comparison with linear and power law current velocity with and without VIV. We have also reported the design recommendations for the marine riser in the regions where the higher fatigue damage is observed and the proposed CSM is implemented in industrially used standard soft solution systems (i.e., OrcaFlex^*TM and Ansys AQWA^**TM), Ms-Excel^***TM, and C++ programming language using its object oriented features.

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 1993년도 한국자동제어학술회의논문집(국제학술편); Seoul National University, Seoul; 20-22 Oct. 1993
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• pp.88-94
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• 1993

In this paper we analyze the RHLQG/FIRF optimal.contol law presented in [4,5] in order to stabilizes a stochastic linear time varying systems with modeling uncertainty. It is shown by the frequency domain analysis that the RHC is robuster than the LQ control law. Explicit LTR procedures are given to improve the robust performance of RHLQC/FIRF cotrol law. Using the mismatching function technique [8], we propose an LTR method which makes the RHLQG/FIRF controller recover the feedback properties of the R.HC law. Also we compare the LTR performance of the RHLQC/FIRF via simulation with conventional LTR methods.

• Structural Engineering and Mechanics
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• 제85권5호
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• pp.607-620
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• 2023

The classical optimal control (COC) method has been widely used for linear quadratic regulator (LQR) problems of structural control. However, the equation of motion of the structure is incorporated into the optimization model as the constraint condition for the LQR problem, which needs to be solved through the Riccati equation under certain assumptions. In this study, an explicit optimal control (EOC) method is proposed based on the explicit time-domain method (ETDM). By use of the explicit formulation of structural responses, the LQR problem with the constraint of equation of motion can be transformed into an unconstrained optimization problem, and therefore the control law can be derived directly without solving the Riccati equation. To further optimize the weighting parameters adopted in the control law using the gradient-based optimization algorithm, the sensitivities of structural responses and control forces with respect to the weighting parameters are derived analytically based on the explicit expressions of dynamic responses of the controlled structure. Two numerical examples are investigated to demonstrate the feasibility of the EOC method and the optimization scheme for weighting parameters involved in the control law.

• 한국중재학회지:중재연구
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• 제33권3호
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• pp.69-93
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• 2023

For many people, the digital domain is becoming as important as the real world. The virtual environment is no longer just a place for entertainment and leisure. Blockchain transactions are serious business. Digital assets are seen as investments, with as much real value as physical assets. Does the law protect rights in digital assets, such as cryptocurrencies and NFTs? This article discusses recent case law that expands the common law concept of property to digital assets.

• 한국정밀공학회지
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• 제18권11호
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• pp.58-66
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• 2001

GPC has been reported as a useful self-tuning control algorithm for systems with unknown time-delay and parameters. GPC is easy to understand and implement, and thus has won popularity among many practicing engineers. Despite its success, GPC does not guarantee is nominal stability. So, in this paper, GPC is rederived in frequency domain instead of in the time domain to guarantee its nominal stability. Derivation of GPC in frequency domain involves spectral factorization and Diophantine equation. Frequency domain GPC control law is stable because the zeros of characteristic polynomial are strictly Schur. Recursive least square algorithm is used to identify unknown parameters. To see the effectiveness of the proposed controller, the controller is simulated for a numerical problem that changes in dead-time, in order and in parameters.

• 대한수학회지
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• 제45권6호
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• pp.1601-1611
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• 2008

Let X, $X_1$, $X_2$, ... be i.i.d. random variables with zero means, variance one, and set $S_n\;=\;{\sum}^n_{i=1}\;X_i$, $n\;{\geq}\;1$. Gut and $Sp{\check{a}}taru$ [3] established the precise asymptotics in the law of the iterated logarithm and Li, Nguyen and Rosalsky [7] generalized their result under minimal conditions. If P($|S_n|\;{\geq}\;{\varepsilon}{\sqrt{2n\;{\log}\;{\log}\;n}}$) is replaced by E{$|S_n|/{\sqrt{n}}-{\varepsilon}{\sqrt{2\;{\log}\;{\log}\;n}$}+ in their results, the new one is called the moment version of precise asymptotics in the law of the iterated logarithm. We establish such a result for self-normalized sums, when X belongs to the domain of attraction of the normal law.