• 무역학회지
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• 제46권4호
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• pp.205-217
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• 2021

This paper examines the effects of intellectual property protection policies on upstream firms' R&D investments in order to derive policy implications in relation to the fostering of the intermediate goods industry. To that end, the dependence on import of intermediate goods and the degree of protection of intellectual property rights are introduced into the model to analyze the effects of R&D investments on the dependence on imports and the effects of intellectual property rights protection policies on the level of R&D investments in order and the social welfare effects are also checked. The policy implications derived in this paper, which used an oligopolistic market model with a vertical specialization structure, are as follows. As R&D investments expand, upstream firm begins to have price competitiveness, the dependence on import of intermediate goods by downstream firm decreases, and social welfare increases. That is, in order to strengthen the independence of the intermediate goods industry, R&D investments by upstream firm should be expanded, and to promote this, the government should strengthen the protection of intellectual property rights.

• 통상정보연구
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• 제13권3호
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• pp.489-510
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• 2011

한국과 EU는 2007년 5월에 FTA 협상을 시작하여 2011년 7월 1일 자로 한 EU FTA가 잠정 발효되었다. EU는 2007년 1월에 루마니아, 불가리아의 추가 가입으로 27개 국으로 확대 개편되어 세계최대의 선진화된 단일 경제권으로 등장하였으며, 한국에게는 중국에 이어 제 2위의 교역파트너가 되었다. 일반적으로 FTA가 포함하고 있는 분야는 체약상대국들이 어떤 나라인가에 따라 상당히 다른 양상을 보인다. 오랜 역사적 전통에 따른 문화적, 학문적 자산과 상대적으로 오랜 기간 동안 축적해온 경제적, 산업적 기반을 가진 EU는 여러 가지 부문 중에서 지적재산은 단순한 보유자산의 의미를 넘어 보다 능동적으로 사용할 수 있는 자산이라는 인식이 확산되면서 이를 통해 구체적 이익을 창출하고자 노력하고 있다. 한 EU FTA에 포함된 지적재산권은 저작권 및 저작인접권, 상표, 지리적 표시, 디자인, 특허 등이다. 전체적으로 지리적 표시를 제외하면 한국에 유리한 면이 있지만, EU의 지적재산권 보호에 대한 관심이 높기 때문에 향후에도 많은 요구가 있을 것으로 판단된다. 따라서 협정에 나타난 지적재산권의 보호와 특정에 대해 살펴보는 것은 꼭 필요한 일이 될 것이다.

• 한국한의학연구원논문집
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• 제11권2호
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• pp.53-66
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• 2005

This study is concerned with the patentability and protection of intellectual property rights in Traditional Korea Medicine Paper. The results analyzed significance of patentability by investigated for many kinds of Traditional Korea Medicine Paper. It provide extension of intellectual property rights protection and further research region of TKM field by analysing information of patentability. Recently, In the protection of intellectual property rights, the importance of traditional knowledge resource in many country is increased. It will predict the number of apply for the patent increased annually This study will be provide judging guideline and strategy of intellectual property rights protection by search to detect all existing similar patents in Patent Office (Korea, Japan, U.S.A. EPO) about Traditional Korea Medicine Paper. As a result, It can not be investigated about 33% because of paper research or theoretical study or question investigation etc. But the case of 'The Korea Association of Herbology' and 'The Korean Oriental Medical Ophthalmology & Otolaryngology & Dematology Society' have about 10% rate. If it will be constructed DB system, they will be protected by national treatment.

• 무역상무연구
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• 제64권
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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.

• 기술혁신연구
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• 제15권1호
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• pp.145-173
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• 2007

Using patent and firm-level panel data for 1982-2001, this study investigates spillover effects of patents and the strengthening of intellectual property rights on Productivity and Innovation. As well as we consider the effect of intra-industry spillovers, we extend the effect to inter-industry spillovers which implies the effects of IT industries on non-IT industries. The empirical results are summarized as follows. First, allowing for firm-level variables, market competition and technological spillovers, the strengthening of intellectual property rights does not play a significant role on innovative activities. Second, while innovative activities of domestic firms affect significantly firms' innovative activities, those of foreign firms do not. Third, innovative activities of IT industries as inter-industry spillovers play a significant role on innovative activities and labor productivities of domestic firms.

• 아태비즈니스연구
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• 제12권3호
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• pp.87-99
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• 2021

Purpose - In this study, I attempt to clarify three theories of firm boundaries (vertical integration): the principal-agent theory, transaction cost theory, and property rights theory. Although these theories have been widely cited and much discussed, it has been found that understanding the commonalities and distinctions of these seemingly familiar theories is difficult. Design/methodology/approach - I present the three theories about the decisions that firms make concerning their boundaries. Then, I compare elemental versions of the theories of the firm. Findings - Comparing the ingredients of the elemental property rights and principal-agent theories shows that they provide a unified account of the costs and benefits of vertical integration. However, the property rights theory in no sense formalizes the transaction cost theory. Research implications or Originality - Clarifying the three theories of the firm can help to construct empirical models and interpret its results.

• International Journal of Computer Science & Network Security
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• 제22권2호
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• pp.424-435
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• 2022

When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

• 기술혁신학회지
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• 제2권1호
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• pp.90-103
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• 1999

This article is dedicated to present a cornerstone for a desirable legal structure in the area of the administration and utilization of the intellectual property rights of the university research results sponsored by the government, and, in the long run, contribute to the industrial development of our country. In order to achieve that purpose, this article reviews basic theories and current status of the intellectual property regime for the research results sponsored by the government, and presents some suggestions for a desirable legal institution, in particular, including that 'Intellectual Property Rights Administration Center', should be established, an exclusive institution for the systematic administration of the follow-ups of the research results with speciality.

• 한국IT서비스학회:학술대회논문집
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• 한국IT서비스학회 2007년도 추계학술대회
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• pp.145-156
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• 2007

In the previous e-government studies, there was no study in which the ambitious problem of assessing the expected performance of an e-government software when it is adopted in other country. This study was motivated to propose a new method to resolve this research question. With using the KIPONet (Korean Intellectual Property Office Net) as a target e-government software, which has been successfully implemented and operated by the Republic of Korea government since Jan 1999 for the purpose of managing the intellectual property rights (IPRs), we propose a Hybrid Qualitative Reasoning (HQR) approach to predicting the expected performance of the KIPONet. The main recipes of the HQR are that the HQR considers causal relationships existing among both qualitative and quantitative variables of the KIPONet, and that uncertainties embedded in some variables are handled by using Monte Carlo mechanism. The application of the proposed HQR to predicting the expected performance of the KIPONet results in statistically significant outcomes with 95% confidence level.

• International Journal of Computer Science & Network Security
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• 제22권5호
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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.