• Title/Summary/Keyword: property rights

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R&D Investment in Intermediate Goods Industry by Intellectual Property Rights Protection Policies and Policy Implications (지식재산권 보호정책에 의한 중간재 산업 R&D 투자 결정 모형 및 정책 함의)

  • Mee-Kyung Jung
    • Korea Trade Review
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    • v.46 no.4
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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.

A Study on the Intellectual Property Rights Protection and Features of Korea.EU FTA (한.EU FTA의 지적재산권 보호와 특징)

  • Kim, Chang-Mo
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.489-510
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    • 2011
  • Free Trade Agreement (FTA) between the Korea, of the one part, and the EU and its member states, of the other part, has been effective, as of 1 Jul 2011. EU enlarged its members up to 27 countries including Romania and Bulgaria in 2007, and stood up as the second largest trading partner to the Korea right after the China. FTA, generally, shows the several different figures according to the countries concerned on the agreement The EU has long history and cultural, educational assets. In addition to that, the EU also has economical, industrial bases. Therefore, the EU seeks fruitful profits utilizing its intellectual property rights. There are copyrights and related rights, trade marks, geographical indications, designs, and patents, etc. on the Chapter 10. intellectual property rights of the Korea EU FTA. Among them, the others except geographical indications seem to be somewhat the terms advantageous to the Korea. It is possible to ask further requirements to the Korea in the years to come because the EU member countries are very much interested in the practical profits of intellectual property rights. Thus, it would be essential tasks for us to review the intellectual property rights protection and features of the Korea EU FTA.

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A Study of Patentability on the paper in Traditional Korea Medicine by using technology information search to detect all existing similar patents (선행기술 조사를 통한 한의학 논문의 특허성 연구)

  • Song, Mi-Young;Lee, Joung-Hwa;Ahn, Sang-Woo
    • Korean Journal of Oriental Medicine
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    • v.11 no.2
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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.

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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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Spillover Effects of Patents and strengthening of Intellectual Property Rights on Productivity and Innovation: Intra- and Inter-industry Spillovers of IT Industry (특허권 강화와 특허출원 변화의 기술혁신 및 생산성 파급효과: 산업내 및 IT산업의 산업간 파급효과를 중심으로)

  • Kim, Jeong-Eon;Kang, Sung-Jin
    • Journal of Technology Innovation
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    • v.15 no.1
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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.

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A Comparison of Three Theories of Firm Boundaries (기업경계에 관한 세 이론의 비교)

  • Chung, Hoe-Sang
    • Asia-Pacific Journal of Business
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    • v.12 no.3
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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.

Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • v.22 no.2
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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.

Desirable Legal Structure and Policy for the Promotion of Technology Transfer of Inventions at the Universities (대학연구성과의 기술이전 촉진을 위한 입법.정책적 개선방안)

  • 정상기
    • Journal of Korea Technology Innovation Society
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    • v.2 no.1
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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.

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Hybrid Qualitative Reasoning Approach to Predicting the Expected Performance of the Intellectual Property Rights Management System- KIPONet Case (전자정부 홍보를 위한 ARP(Academic Research Paper) 사례(특허, 조달) 소개)

  • Lee, Kun-Chang
    • 한국IT서비스학회:학술대회논문집
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    • 2007.11a
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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.

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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.