• Title/Summary/Keyword: object of property right

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Virtual Assets as the Newest Object of Property Rights

  • Davydova, Iryna;Zhurylo, Serhii;Tserkovna, Olena;Herasymchuk, Lidiia;Tokareva, Vira
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.115-120
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    • 2022
  • New realities of social relations are changing the understanding of certain phenomena, including the emergence of new concepts among the objects of property rights, such as: virtual assets, and the circulation of virtual assets. The rapid development of the virtual assets market involves the legislative consolidation of the status of such assets, changes in taxation, their circulation, and so on. These circumstances increase the interest in the study of virtual assets as the latest object of property rights and necessitate the study of this topic. The work aims to explore the theoretical developments and regulations on virtual assets in the modern world, as well as to summarize the conclusions about virtual assets as the latest object of property rights. The object of research is the content of the concept of "virtual asset" and its legal status. The methodology of work is represented by a set of methods and techniques that were used to achieve this goal, namely: hermeneutic, historical, extrapolation, comparative law, generalization, analysis, synthesis, and deduction. The study analyzed different approaches to understanding virtual assets, analyzed the characteristics of virtual assets, and concluded that in today's conditions there is no single unified legal regulation of virtual assets, although many countries are moving towards consolidating the status of virtual assets.

A Study on Competition Limitation Clause of International License Contract (국제라이선스계약상 경쟁제한조항에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin;Kim, Jong Kwon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.39-64
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    • 2014
  • The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

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Comparative Analysis on the Intellectual Property Right Policies of Standardization Organizations

  • Lee, Sang-mu;Park, Ki-shik
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.26 no.7A
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    • pp.1284-1289
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    • 2001
  • The characteristics of the intellectual property right(IPR) conflict with standardization. This is because standardization aims to achieve the common use of technology while IPRs aim to protect the proprietary right on technology. The license to use IPR should be granted so that standards can be used without an infringement. IPR policies have common characteristics in most parts of their contents and also different application methodologies. The ultimate object of IPR policy is to receive license grant. In this paper, significant typical IPR policies of main standardization organizations are comparatively analyzed. The overall objective of the IPR policy is to make strategic environment for license grant. IPR disclosure becomes the best practice to acquire license grant. With this practice, the action to licensing refusal becomes one of the main strategic factors of IPR policies.

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Developing Tool of Distributed Application Program Based on Distributed Object Group Framework (분산객체그룹 프레임워크 기반 분산응용 프로그램 개발 도구)

  • Lim Jeong-Taek;Shin Chang-Sun;Joo Su-Chong
    • Journal of Internet Computing and Services
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    • v.6 no.6
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    • pp.71-83
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    • 2005
  • In this paper, we developed the Distributed Programming Developing Tool(DPDT) which can make distributed application program efficiency based on the distributed object group framework supporting group management and dynamic binding for object resources requested from clients on distributed systems. The distributed object group framework we constructed provides not only the group register/withdraw, the access right and the name/property services for server objects from a point of view of group management services, but also dynamic binding, replicated object supporting, load balance, and federation among the object groups from a point of view of the supporting services of distributed application, When developing distributed application, by using our tool, server programming developer implements objects in each server system, next registers the properties to need for service provision to the object group. Client programming developer can also develop client program easily by obtaining the access right for the object or the object group and using the properties of objects with the access right permitted to the client. For providing above application developing environment in this paper. we described the definition of object group, the architecture of the distributed object group framework which our tool supports, and its functionalities, then specified the 3 GUI environments of DPDT implemented for providing efficient interfaces between the distributed object group and distributed applications. Finally, by using the DPDT, we showed the group register/withdraw and the access right grant procedure of objects which are server programs, the developing process of client program, and the executing results of the distributed application developed.

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A Comparative Study of the Co management of Fishery Right by Fisheries Cooperatives - Centered on the Management of Fishing Ground through Eochon-gye - (수산업협동조합의 어업권관리기능에 대한 비교 연구 -어촌계의 어장관리활동을 중심으로-)

  • 최정윤
    • The Journal of Fisheries Business Administration
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    • v.29 no.2
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    • pp.21-46
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    • 1998
  • The government is largely responsible for preventing “the tragedy of the common property”, but fisherman's effort fer an autonomous fishery control is equally required. Especially in these days of EEZ such self- regulated fishery management system should be developed and cared for as well. This study aimed to explore a proper management system for coastal fishing ground that now requires the responsible fisheries management by investigating and analysing more drastically the managerial functions of fishery right by Eochon-Gye(the smallest unit of fisheries cooperative based on a fishing village), a typical fishery producer's organization in Korea. This study also included such contents as (1) an understanding of fishery producer's organization, (2) the utilization and management system of coastal fishing ground, (3) the actual condition of fishing right distribution in Korea, (4) the fishery right management and activity of Eochon-Gye, (5) the operation and distinctive feature of fishery right in Japan, (6) the intervention and limit of fishery producer's organization for fishing ground management function, and (7) summary and proposal. We made all Eochon-Gye of the whole country an object of this study and carried out an investigation into Eochon-Gye through a questionnaire. We extracted 359 Eochon-Gye, 20% of the total 1,719 Eochon-Gye as a random sample and investigated these regions through a questionnaire by mail. The contents of the questions consist of 40 items, including six categories about the organization of eochon-gye, and fishing ground management and activities.

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Infringement status of overseas intellectual property right and required strategy (해외지식재산권 침해 현황과 그 대응방안에 관한 연구)

  • Yoon, Byung-Seop;Han, Jung-Hee
    • 한국벤처창업학회:학술대회논문집
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    • 2007.11a
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    • pp.15-43
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    • 2007
  • The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. The number of dispute cases of intellectual property rights in Japan ranks first with 275 cases compared to that of other countries. Among the dispute case, the number of validation trial is 107 cases(38.9%), and correction trial is 83 cases(30.2%). The USA ranks second in dispute of intellectual property rights. Among the dispute of intellectual property rights in the USA, the number of validation trial is 66 cases(64.7%), and correction trial is 21 cases(20.6%). A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, solve jurisdiction problem of patent court system, improve trial system, construct confidence as social capital etc. Enterprises have to maintain No Patent No Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of Patent Pool, strive for specialization regarding technical transfer and license management.

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Infringement Status of Overseas Intellectual Property Right and Required Strategy (해외 지식재산권 분쟁현황과 그 대응방안에 관한 연구)

  • Yoon, Byung-Seop
    • Journal of Korea Technology Innovation Society
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    • v.11 no.1
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    • pp.23-45
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    • 2008
  • The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. There is a high possibility that aggressive patent policy and black box strategy of Japanese enterprise can be a burden to Korean enterprises. Thus, a policy should be established against the technology protectionism. The policy can be based on a strategy about international cooperation policy of KIPO and strategy against infringement of overseas intellectual property rights. Of course, collaboration and cooperation will be activated among the advanced countries including technical cooperation. However, a systematic strategy of intellectual property rights should be focused on international cooperation and countermeasure against infringement of overseas intellectual property rights because national interest takes precedence over any other interest especially in case of strategically owing industry. A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, construct confidence as social capital etc. Enterprises have to maintain no Patent no Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of patent pool, strive for specialization regarding technical transfer and license management.

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A Study on Application for Custody in CIETAC Arbitration Rule (중국 CIETAC 중재규칙상의 보전신청에 관한 연구)

  • 윤진기
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.47-68
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    • 2004
  • The problems on application for custody in CIETAC Arbitration Rule are examined in this paper. First, The issue of jurisdiction for application for custody is arisen from the expansion of material jurisdiction of CIETAC. Until 1998, CIETAC had a jurisdiction only for the cases involving foreigners, but now, it has a jurisdiction not only for the cases involving foreigners but also for domestic cases. In the cases of arbitrating disputes involving foreigners, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an intermediate people's court in the place where the object of the application resides, or where the property is located. But in the cases of arbitrating domestic disputes, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an ground-level people's court in the place where the object of the application resides, or where the property is located. Therefore, "People's court" in article 23 of CIETAC Arbitration Rule includes both intermediate people's court and ground-level people's court in its meaning. Second, in the cases that the party concerned submits arbitration to CIETAC, it is not permitted for the party to ask the people's court for custody of property before submitting an arbitration. But there still can be the urgent cases that interests of the party concerned are at stake, and legitimate rights and interests of the party concerned may be damaged beyond remedy, if no application for custody of property is filed immediately. In that cases, even if the party may apply for custody of property with the people's court after submitting an arbitration, it might be too late to preserve property. Therefore, Chinese laws and rules have to be revised so that the party may ask the people's court for custody of property before submitting an arbitration. When revising laws and rules, according to the today's legislation trends, it must be considered that court and arbitration tribunal both have a right to decide the custody of property. When arbitration tribunal decides it, the procedural provisions executing it must be provided. It is also required that China permit to apply preservation of evidence as well as custody of property before submitting an arbitration. It is also strongly recommended that China permit custody of property or preservation of evidence even in the cases that an arbitration is submitted to the arbitration institute which is located in foreign country, not in China.

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The study of renovating the tourism law of theory (2002년을 위한 관광법리의 제정성에 관한 연구)

  • 이항구
    • Journal of Applied Tourism Food and Beverage Management and Research
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    • v.7
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    • pp.7-39
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    • 1997
  • Many of legislations related to tourism has been made up to now since the year 1961 when modern tourism studies started. In restropect of the year 1988, the year 2002 is expected to be another chance for tourism. In order to take this chance again, new laws and regulations are necessary. Therefore, the object of this study are decided as follows: 1) to put 'the right to go sightseeing' in statutory form at constitution. 2) to realise the private law of tourism 3) to make the environment law of tourism 4) to make the facility law of tourism 5) to make the transportation law of tourism 6) to make the cultural property law of tourism 7) to make the food law of tourism 8) to make the related law of tourism 9) to make the advertising law of tourism, the tax law of tourism, and the economy law of tourism As tourism laws like above exist, tourism industry would be developed more than now.

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Structural Design of Double Hull Tanker in Collision by Rigid Colliding Ship (강체 충돌선의 충돌을 고려한 이중선체 유조선의 구조설계)

  • 이상갑;박수송
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.5 no.2
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    • pp.99-111
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    • 1999
  • The object of this study is to get the superior double hull structure to its crashworthiness against collision comparing absorbed energy capacities of its various types with each other, varying material properties, collision positions and velocities, and structural arrangements such as double hull width, web and stringer spaces, etc. Local absorbed energy capacities, failure behaviors and damage extents of their members are also considered during collision in addition to the estimations of their global ones. This paper describes a series of numerical simulations of collisions between DWT 45,000 oil tanker(struck ship) and DWT 10,500 rigid one(striking ships) using Hydrocode LS/DYNA3D. Collisions are assumed to occur at the middle of struck ship with striking one moving at right angle to its centerline. The following remarks were obtained through this study: More flexible the double hull structure is, much superior its crashworthiness against collision is. The increment of double hull width does not give much influence than other factors do. The exact use of material property such as failure strain is also important on the numerical simulation of collision.

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