• Title/Summary/Keyword: object of property right

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A Study on Practical Implications in the Contract for International Transfer of Technology -Focused on Character of the Technology compared with Goods- (국제기술이전계약 체결시 실무상 유의점에 관한 연구 - 물품과 비교하여 기술이 가지는 성격을 중심으로 -)

  • Jeong, Hee-Jin
    • Korea Trade Review
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    • v.42 no.1
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    • pp.27-45
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    • 2017
  • A new phenomenon in recent trade is the rising interest in the trade of product production and manufacturing methods themselves, unlike in the past, when the interest was focused on the trade of tangible goods. That is, technology is considered as the object of trade instead of a simple element of production as "technology itself is commercialized". The broad meaning of technology encompasses all the property of knowledge with economic value. Its narrow meaning refers to technology used to produce and manufacture goods. Technologies have features such as no forms, heterogeneity, accumulation of value and extinction of right. The trade of technology commands different styles and content from that of tangible goods due to their unique characteristics; and accordingly, has various risk factors. In other words, technology can be traded in various ways according to commercial objectives including licensing, technical partnership, and joint investment in addition to general trading. The specific forms of technology transfer strategies depend on the purposes and situations between corporations. In case of technical trade with any form, the parties should be cautious about the following practical aspects: First, the contract should clearly define the scope and transfer method of technology. It is a very important matter how the provider of technology will provide the user of technology with abstract technology with no substantiality. Second, a monopoly on technology recognized as intellectual property rights is granted to their inventors for some periods of time, but anyone can have access to that technology after the term of existence. Thus, it is important to check the terms of existence of a patent as well as the terms of contract. Third, the user of technology should fulfill his confidentiality obligation to prevent the technology of the provider from being leaked to a third party unjustly. Fourth, the provider of technology should make a contribution to the successful implementation of the technology by the user as well as provide the licensed technology. Finally, a model contract is recommended to minimizing the legal hiatus of complex technology transfer trade when concluding a contract.

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A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
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    • no.41
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    • pp.261-302
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    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

Material Transfer Agreement for Human Material (인체 유래 물질과 관련된 계약)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.9-34
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    • 2007
  • Human material is considered as an independent object after departing from human body. But unlike other materials, that is not allowed for the trading because of the nature of personality. According to the present legal system, the human material is only permitted to donate to the researcher or biobank for scientific study. Bur after the collection, the human materials are regarded as a valuable assets and the collectors want to get more economic gains. If the neutral modulators serve for the justifiable circulation. The economic motivations could be prevented within material transfer processes. In real life, the neutral modulator is hard to find and most of partipants are involved in the economic interests. In this situation, it may be justifiable to permit the person who donate his body material to pursue reach through right on his material. The problem is how to measure the value of human material and how to treat the informed consent. If the essential portion of human personality is contributed to the value of human material and if only his material can be served for the invention, the tissue donator can get economic interests on his body material as his property. That is based on the rule of processing of human efforts on civil law.

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The Characteristics of the Copyright Management for Korean Journals (국내 학술지의 저작권 관리 특성 분석)

  • Joung, Kyoung Hee;Kim, Gyuhwan
    • Journal of the Korean Society for information Management
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    • v.33 no.4
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    • pp.269-291
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    • 2016
  • This study analyzed 1,890 KRF journals to understand the current situation and problems related to copyright management by journal publishers. The results of the study are as follows: 32.6% of journals did not provide any copyright notice, 77.1% of 1,141 journals which gave copyright information with regulation documents did not specify the type of author's property right to be transferred and most of the journals which owned copyright transferred from the author did not specify the permission needed to use their article. This study suggested that journal publishers establish the object and method for distribution of journal articles and then develop and publish their copyright policy suited to their own objective.

IPMP information editing system of MPEG-4 authorizing tool base for digital contents management and protection (디지털 콘텐츠 보호 및 관리를 위한 MPEG-4 저작도구 기반의 IPMP 정보 편집 시스템)

  • 박철민;최종근;김광용;홍진우;정회경
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2004.05b
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    • pp.225-228
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    • 2004
  • Digital contents is used already in near place with us. Contents of MPEG-4 standard is used to process multimedia data in field of communication, computer, broadcasting mobile etc. However, absence of copyright management and protection system and interoperability problem of right system between each corporation happened. Because MPEG establish IPMP(Intellectual Property Management and Protection) system standard in agreement with MPEG-4 system standard, proposed cooperation method to manage and protect copyright. Accordingly, in this paper, put in copyright of authorized contents management and protection extension system implementation adding MPEG-4 IPMP system like plug-in into existing MPEG-4 authorizing tool. Therefore, author edits IPMP information to protect contents or object, and process the information in system and authorize MPEG-4 digital contents that have management and protection sign according to IPMP standard. This system designed and implemented to divided into IPMP information save processor, IPMP information creation processor, media IPPM processor, XMT-A to MP4 converter IPMP extension.

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ABS(Attribute Based Surface) Modeling based on the Chordlength Domain (코드랭스 도메인 기법을 이용한 ABS 모델링)

  • Kim Jeong-Hwa;Park Hwa-Jin
    • Journal of the Korea Society of Computer and Information
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    • v.11 no.4 s.42
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    • pp.189-196
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    • 2006
  • The ABS method which is modeling the shape-design helps designers concentrate upon the design intuitively, using the modeling method based on the geometrical characteristics, the property information (a point. a curve. slopes. etc.). For the multi-sided patches, the ABS Modeling attempts the modeling with the uniform domain like a right triangle and a regular square. The mentioned method can reduce the speed of modeling but it can cause the difference from a designer's intention in the process of interpolation between the attributes for object modeling. Therefore, in this paper. we propose ABS modeling based on the Chordlength domain method to minimize such differences. The Chordlength, one of the methods generating irregular domain. is the technique transforming the domain in accordance with the length and form of attributes which a shape consists of. The Chordlength domain method is performed using MEL.

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Design and Implementation of Service Model for Tailored Residential Space based on 3D Cadastral Information (3차원 지적정보 기반 맞춤형 주거 공간정보 서비스 모델 개발)

  • Bae, Sang Keun;Shin, Yun Ho;Lee, Seong Gyu;Joo, Yong Jin
    • Spatial Information Research
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    • v.23 no.2
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    • pp.49-57
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    • 2015
  • Recently, Through the linkage and opening, the fusion of the spatial information, it is necessary for productive ecosystem to provide a variety of information and to increase the civil use. Depending on the economic growth, demand for quality of life and well-being has been on the increase. Spatial information service contents for the public convenience has emerged to solve the problem such as health, safety, welfare and discomfort of daily life This study aims to implement search services for a tailored residence space through the three-dimensional data modeling on cadastral information. To achieve this goal, we established the requirements for deriving a registered object by investigating recent trend with respect to existing cadastral data model and defined property and relationship. Focusing on Songpa-gu, Jamsil station in Seoul, we implemented search services for a tailored residence space for three-dimensional right analysis in conjunction with residential and commercial complex building. As a result, we derived a way to supply 3D cadastre information through open platforms (VWorld) and to represent efficiently, which is able to improve the quality of spatial information service contents for the public convenience as well as to widen utilization of information.

Essay on Form and Function Design (디자인의 형태와 기능에 관한 연구)

  • 이재국
    • Archives of design research
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    • v.2 no.1
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    • pp.63-97
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    • 1989
  • There is nothing more important than the form and function in design, because every design product can be done on the basis of them. Form and Function are already existed before the word of design has been appeared and all the natural and man-made things' basic organization is based on their organic relations. The organic relations is the source of vitality which identifies the subsistance of all the objects and the evolution of living creatures has been changed their appearances by the natural law and order. Design is no exception. Design is a man-made organic thing which is developed its own way according to the purposed aim and given situations. If so, what is the ultimate goal of design. It is without saying that the goal is to make every effort to contribute to the -human beings most desirable life by the designer who is devoting himself to their convenience and well-being. Therefore, the designer can be called the man of rich life practitioner. This word implies a lot of meanings since the essence of design is improving the guality of life by the man-made things which are created by the designer. Also, the things are existed through the relations between form and function, and the things can keep their value when they are answered to the right purpose. In design, thus, it is to be a main concern how to create valuable things and to use them in the right way, and the subject of study is focused on the designer's outlook of value and uk relations between form and function. Christopher Alexander mentioned the importance of form as follows. The ultimate object of design is form. Every design problem begins with an effort to achieve fittness between the form and its context. The form is the solution to the problem: the context defmes the problem. In other words, when we speak of design, the real object of discussion is not form alone, but the ensemble comprising the form and its context. Good fit is a desirable property of this ensemble which relates to some particular division of the ensemble into form and context. Max Bill mainatined how important form is in design. Form represents a self-contained concept, and its embodiment in an object results in that object becoming a work of art. Futhermore, this explains why we use form so freguently in a comparative sense for determining whether one thing is less or more beautiful than another, and why the ideal of absolute beauty is always the standard by which we appraise form, and through form, art itself. Hence form has became synonymous with beauty. On the other hand, Laszlo Moholy-Nagy stated the importance of function as follows. Function means the task an object is designed to fulfill the task instrument is shaping the form. Unfortunately, this principle was not appreciated at the same time but through the endeavors of Frank Lloyd Wright and of the Bauhaus group and its many collegues in Europe, the idea of functionalism became the keynote of the twenites. Functionalism soon became a cheap slogan, however, and its original meaning blurred. It is neccessary to reexamine it in the light of present circumstances. Charles William Eliot expressed his idea on the relations between function and beauty. Beauty often results chiefly from fittness: indeed it is easy to manitain that nothing is fair except what is fit its uses or functions. If the function of the product of a machine be useful and valuable, an the machine be eminently fit for its function, it conspicuously has the beauty of fittness. A locomotive or a steamship has the same sort of beauty, derived from the supreme fittness for its function. As functions vary, so will those beauty..vary. However, it is impossible to study form and function in separate beings. Function can't be existed without form, and without function, form is nothing. In other words, form is a function's container, and function is content in form. It can be said that, therefore, the form and function are indispensable and commensal individuals which have coetemal relations. From the different point of view, sometimes, one is more emphasized than the other, but in this case, the logic is only accepted on the assumption of recognizing the importance of the other's entity. The fact can be proved what Frank Hoyd wright said that form and function are one. In spite of that, the form and function should be considered as independent indivisuals, because they are too important to be treated just as the simple single one. Form and function have flexible properties to the context. In other words, the context plays a role as the barometer to define the form and function, also which implies every meaning of surroun'||'&'||'not;dings. Thus, design is formed under the influence of situations. Situations are dynamic, like the design process itself, in which fixed focus can be cripping. Moreover, situations control over making the good design. Judging from the respect, I defined the good design in my thesis An Analytic Research on Desigh Ethic, "good design is to solve the problem by the most proper way in the situations." Situations are changeable, and so is design. There is no progress without change, but change is not neccessarily progress. It is highly desirable that there changes be beneficial to mankind. Our main problem is to be able to discriminate between that which should be discarded and that which should be kept, built upon, and improved. Form and Function are no exception. The practical function gives birth to the inevitable form and the $$\mu$ti-classified function is delivered to the varieties of form. All of these are depended upon changeable situations. That is precisely the situations of "situation de'||'&'||'not;sign", the concept of moving from the design of things to the design of the circumstances in which things are used. From this point of view, the core of form and function is depended upon how the designer can manage it efficiently in given situations. That is to say that the creativity designer plays an important role to fulfill the purpose. Generally speaking, creativity is the organization of a concept in response to a human need-a solution that is both satisfying and innovative. In order to meet human needs, creative design activities require a special intuitive insight which is set into motion by purposeful imagination. Therefore, creativity is the most essential quality of every designer. In addition, designers share with other creative people a compulsive ingenuity and a passion for imaginative solutions which will meet their criteria for excellence. Ultimately, it is said that the form and function is the matter which belongs to the desire of creative designers who constantly try to bring new thing into being to create new things. In accordance with that the main puppose of this thesis is to catch every meaning of the form and function and to close analyze their relations for the promotion of understanding and devising practical application to gradual progression in design. The thesis is composed of four parts: Introduction, Form, Function and Conclusion. Introduction, the purpose and background of the research are presented. In Chapter I, orgin of form, perception of form, and classification of form are studied. In Chapter II, generation of function, development of function, and diversification of function are considered. Conclusion, some concluding words are mentioned.ioned.

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An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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