• Title/Summary/Keyword: property rights

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A Study on Legal Protection, Inspection and Delivery of the Copies of Health & Medical Data (보건의료정보의 법적 보호와 열람.교부)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.359-395
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    • 2012
  • In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

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An analysis on the possession and infringement of copyright on the contents-related contest exhibit (콘텐츠 관련 공모전의 저작권 소유와 저작권 침해 분석)

  • Park, Keong-Cheol;Jung, Sun-Mee
    • Cartoon and Animation Studies
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    • s.29
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    • pp.243-266
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    • 2012
  • As contest exhibits have been activated, a variety of organizations are holding contest with various purposes. Analysis on the guidelines prepared by various sponsoring bodies ranging from public organizations to privately owned businesses shows that sponsoring bodies tend to possess copyrights of entries. Parts of guidelines of contest exhibit are the contract. While sponsoring body shows its opinion on copyright through guidelines, individual participant tends to consider it simply as a form to submit for contest exhibit rather than a contract. Now is the time to bring out a question in respect of the copyright on the contest exhibit. The important fact is that copyright on corporate contents is important, but copyright on individual contents is equally important and it must be protected and respected. This study aims to bring out a question on copyright by analyzing possession and infringement of copyright that stands forth in the guidelines of contest exhibit. Provisions on copyright of contest exhibit play a role as a contract. Provisions on copyright of contest exhibit shall be the ones which can be understood and accepted by both sponsoring body and winner who are the A and B of a contract. For this, change in perception of sponsoring bodies ranging from public organizations to privately owned businesses with prominent position is strongly required. For the foregoing, First, Indication of Copyright: Clear and concrete terms must be used. Second, Scope of Interpretation: Concrete and detailed indication must be made for preventing indication that allows comprehensive interpretation. Third, Cost for Author's Property Right: In case sponsoring body needs to possess or use the author's property right of prize-winning work, proper rights on use considering prize money corresponding to possession or use of author's property right must be indicated. Fourth, Term of Use: The term for using author's property right must be indicated. Fifth, Scope of Rights: The scope of author's property right that sponsoring body requires must be limited and indicated. Sixth, Mutual Respect: Items related to copyright must be indicated on the basis of the concept of bilateral contract founded on mutual consideration and respect, not on the concept of unilateral contract.

Analysis on the Patent Portfolio for Hidden Champion Companies: Focusing on the "Hidden Champion" companies introduced in Herman Simon's book (히든 챔피언 기업의 특허 포트폴리오 연구: 헤르만 지몬의 저서에 소개된 "히든 챔피언" 기업들을 중심으로)

  • Lee, Haeng-Byoung;Yang, Dong-Won
    • Journal of the Korea Convergence Society
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    • v.11 no.7
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    • pp.259-272
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    • 2020
  • In fostering dynamic, innovative SMEs, hidden champion companies can be an appropriate model for SMEs to learn the success factors. On the other hand, the need for intellectual property management is becoming important as the value of a company is changing from a financial asset to an intellectual property. Therefore, in this study, the patent portfolio analysis of the hidden champion companies mentioned in Herman Simmon's book "Hidden Champion" was performed. As a result of the analysis, it was confirmed that patents are not possessed or patent activities are actively carried out and a differentiated intellectual property management strategy is implemented to improve patent quality depending on the characteristics of the technology possessed. The results of these studies can be used as basic data to prepare an intellectual property management strategy for companies that want to create opportunities to acquire monopoly rights and reduce patent maintenance and management costs. In addition, in this study, the patent IPC analysis verified that Herman Simmon's claim that "Hidden champions have the ability to focus on core competencies and focus on one technology" is valid.

A Study on the Main Features and Problems of SGA Amendment (개정(改正) SGA의 특징(特徵)과 문제점(問題點)에 관한 연구(硏究))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.16
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    • pp.83-114
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    • 2001
  • This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

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Bad Faith Intent in Internet Address Resources Act (인터넷주소자원에 관한 법률 제12조에 규정된 부정한 목적의 해석 : 대법원 2013. 4. 26. 선고 2011다64836 판결을 중심으로)

  • Park, Young-Gyu
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.129-148
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    • 2014
  • Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet "cybersquatting", a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, (1) the trademark or other intellectual property rights of the person, if any, in the domain name, (2) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, (3) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, (4) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name, (5) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, (6) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct.

A Study on the Cases of Merchandising and Suggestions for Improving Competitive Power of Traditional Liquor (전통주류 상품화 사례 및 경쟁력 제고 방안 연구)

  • Jun Young-Mi;Ahn Yoon-Su;Kim Mi-Hee
    • The Korean Journal of Community Living Science
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    • v.17 no.2
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    • pp.3-14
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    • 2006
  • This study intends to offer suggestions for improving the security and competitive power of traditional liquors by investing in the status of intellectual property rights. Merchandising and the marketing strategies of traditional liquor are also addressed. The data was collected through a questionnaire survey given to 101 CEOs of traditional liquor manufacturers. The major results of this study were as follows: The management types of traditional liquor manufacturers were classified as the company 57 (56.4%), the corporation or the union 29 (28.7%), domestic industry 10 (9.9%), and marketing community or technology center 5 (5.0%). The competitive power degree of traditional liquor products was classified as strength 30 (31.6%), usual 30 (31.6%), weakness 35 (36.8%). The elements of strong competitive power were taste, functional (wellbeing) character, and attractiveness of the brand name. On the other side, reasons for weakness in competitive power were the marketing system, price competitiveness, and advertisement. The trademark registration of the traditional liquor appeared with 53%. The reasons not to pursue a trademark registration included the complicated and unnecessary process of registration acquisition, high registration expenses, etc. The perceptions of CEOs about the consumer's brand awareness for their product were low with an average 2.97. Explanations included insufficient advertisement and public relations, unrefined trademark design, and the meaninglessness of brand names. The marketing strategy of traditional liquor manufacturers according to annual sales were as follows: Manufacturers with high sales emphasized marketing strategies that focused on functional character, traditional image, high quality in image and package materials and design, high price strategies based on quality, and various sale promotions.

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A Proposal for the Application of Multi-Platform Convergence for Intellectual Property-Based Games (지식재산권 기반 게임의 융복합 멀티 플랫폼 활용 방안 제안)

  • Lee, Hyun-Ku;Kim, Tae-Gyu
    • Journal of Digital Convergence
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    • v.18 no.2
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    • pp.421-426
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    • 2020
  • The global game market is growing evenly across a variety of platforms, but in the Korean game market is a decline in growth rates on PC and mobile platforms, which account for more than 80% of the total Korean game market, which requires an alternative. In this study, propose a multi-platform launch of IP-based games as a way to increase the growth rate of the Korean game market. It has been analyzed that multi-platform launch methods can be divided into Stand-alone Multi-platform method, Interlocking multi-platform method, and Upgrade-interlinking Multi-platform method, respectively, and the effect of expanding, providing more satisfactory game play environment and preventing them from escaping to competitive games. Given the limited case analysis in this study, further studies are needed to propose more effective multi-platform utilization measures.

Digital License Prototype for Copyright Management of Software Source Code (소프트웨어 소스 코드의 저작권 관리를 위한 디지털 라이센스 프로토타입)

  • Cha, Byung-Rae;Jeong, Jong-Geun;Oh, Soo-Lyul
    • Journal of Internet Computing and Services
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    • v.7 no.5
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    • pp.95-108
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    • 2006
  • The digital contents expand into software source code and maintenance of technology and IPR about source code have a very important meaning to international competition, The recognition about software security is very low specially among these Intellectual Property Rights. On occurring disputation property, we have to prove the fact, there is a problem to discriminate the original source code, Also, it is hard to accurate decision that is correct to complexity and the lack of read and understand ability even if software is reproduced. In this paper, we don't enforce distinction about software reproduction by one individual code unit. And we developed digital license prototype of XML that can distinguish reproduction based on structural conformability of whole source codes. Software has Context Free Grammar in structure and presents BNF notation type, it is apt to present hierarchical structure. Then, we can express architecture of software source code by hierarchical structure to discriminate structural conformability. In this paper, we make a study of the digital licence prototype for discriminate the original source code. Reserved words of software source code by parsing express to XML file that have hierarchical structure. Then, we can express architecture of software source code by tree structure form instead of complex source code.

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Characteristics of perovskite-structure Sr(Ti1-xFex)O3 thick film gas sensors (페롭스카이트 구조 Sr(Ti1-xFex)O3 후막 가스센서의 특성)

  • Jin, Guang-Hu;Lee, Woon-Young;Lee, Hyun-Gyu;Park, Jin-Seong
    • Journal of Sensor Science and Technology
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    • v.18 no.6
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    • pp.456-461
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    • 2009
  • Perovskite-structure $Sr(Ti_{1-x}Fe_x)O_3$ thick films, in which x is 0.4 or 0.6, were prepared by normal ceramic process on alumina substrate. Electrical resistance was measured as a function of thermal treatment condition including atmosphere, time, and temperature. The resistance of $Sr(Ti_{1-x}Fe_x)O_3$ films is lower than those of $SrTiO_3$ or $SrFeO_3$ films. The temperature coefficient of resistance over $550^{\circ}C$ was measured to be 0 for the $Sr(Ti_{1-x}Fe_x)O_3$ films after thermal treatment at $1100^{\circ}C$ in air. The sensing property of the films was also measured as a function of temperature and gas such as $O_2$, CO, $CO_2$, NO and $NO_2$. $Sr(Ti_{1-x}Fe_x)O_3$ films showed a good sensing property for $O_2$, but no sensing signal for CO, $CO_2$, NO and $NO_2$.

A Study on the Spatial Decision Making Support Model for Protected Areas Boundary (re)Design -A Case of Jirisan National Park- (보호지역 경계조정을 위한 공간의사결정지원모델 연구 - 지리산 국립공원을 사례로 -)

  • Sung, Hye-Jung;Kwon, Hyuk-Soo;Seo, Chang-Wan;Park, Chong-Hwa
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.14 no.3
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    • pp.101-113
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    • 2011
  • The purpose of this study are to develop a SDSS (Spatial Decision Support System) that can incorporate diverse opinions of stakeholders related the designation of protected areas (PA), and to employ the model for the readjustment of the boundary line of the Jirisan National Park of Korea. The SDSS would lead to more rational and less controversial decision-making during the expansion or removal of PA in Korea. Research methods are as follows. Firstly, to select evaluation criteria for SDSS for PA designation by using expert interview and literature survey. Secondly, to measure their preferences on the designation of additional PA or the removal of a part of PA based on the opinions of various stakeholders such as local residents, environmental groups, or public officials. Thirdly, to produce conservation priority maps based on a multi-criteria decision making technique. The SDSS would be used to rational decision making for the expansion of PA or the release of a certain part of PA by reflecting diverse preferences on biodiversity conservation and economic interest of residents. The visualization of conservation priority maps would also increase the efficiency of such decision making processes. The evaluation criteria for the expansion of PA for biodiversity conservation includes vegetation conservation value, wildlife conservation value, and the habitats of key species. The evaluation criteria for the removal of PA includes the proximity to roads and the boundary of PA, land use types, and conservation zoning of the PA. Preference weights are based on data collected from the Jirisan National Park. Both the conservation priority and removal priority maps are based on land parcels so that property rights of all parcels would be correctly represented.