• The Journal of the Korea Contents Association
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• v.15 no.10
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• pp.447-456
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• 2015

In this paper a new model of storytelling related to patent in the field of business as a sort of Intellectual Property(IP) was proposed. The patent related storytelling is investigated in the view points of variety of customers, purposes and applications which is different from the conventional OSMU, transmedia or crossmedia storytelling. In business there are several stages related to patent such as the initial conceptualization and development of technology, apply for and registration of patent, legal conflict like patent invalidation trial and action for infringement of patent and damages, and the commercialization stage like development of product based on patent, advertisement and marketing. Multiple sources optimized to the purpose in each stage of patent related business as well as to multiple convergence application of a patent. Similarly, multi-use refers to the fact that storytelling can be applied in each stage of patent oriented business. The effectiveness and usefulness of proposed MSMU model is also investigated.

• 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.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.81-88
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• 2014

The patent right is that creators are received the right of monopoly for supporting their creation work perseveringly but sometimes it causes infringement of freedom of creation. In this study, we examine the patent of music game in arcade game field and also examine Konami's, which is a main producer in this field, institutes many lawsuits repeatedly. It brought on diversion of rivals and depression of game market. We examine the abuse of music game patent through the case of Konami. We examine the negative influence through all music game market that creativity blocked by repetitive patent lawsuit institutes from little change of operation device and music game hardware even though it is reasonable for guarantee of new technology patent in game field which is a idea industry. We examine the lawsuit cases of abuse of music game patent in Korea, China and Japan and we analyze market change through the cases. We recommend policy for this industry development.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.11 no.4
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• pp.1458-1467
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• 2010

Recently, imitation and infringement rights of an intellectual property are being recognized as impediments to nation's industrial growth. To prevent the huge loss which comes from theses impediments, many researchers are studying protection and efficient management of an intellectual property in various ways. Especially, the prediction of patent registration is very important part to protect and assert intellectual property rights. In this study, we propose the patent document analysis method by using text mining to predict whether the patent is registered or rejected. In the first instance, the proposed method builds the database by using the word frequencies of the rejected patent documents. And comparing the builded database with another patent documents draws the similarity value between each patent document and the database. In this study, we used k-means which is partitioning clustering algorithm to select criteria value of patent rejection. In result, we found conclusion that some patent which similar to rejected patent have strong possibility of rejection. We used U.S.A patent documents about bluetooth technology, solar battery technology and display technology for experiment data.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.129-161
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• International Commerce and Information Review
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• v.7 no.3
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• pp.27-51
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• Journal of the Korea Society of Computer and Information
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• v.24 no.1
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• pp.217-224
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• 2019

The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

• Journal of the Korean Society of Costume
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• v.54 no.1
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• pp.125-139
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• 2004

The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.