• Journal of Korea Technology Innovation Society
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• v.1 no.2
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• pp.153-164
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• 1998

This study attempts to provide policy makers and other interested parties with policy implications throughout an economic analysis of software sector. Chapter 2 is designed to provide an overview of market characteristics in the software sector. Chapter 3 reviews an overview of the evolution stage of the software industry and the effects these trends have on firm strategies. Chapter 4 reviews the relationships between software economic characteristics and intellectual property rights. Some suggestions are offered in the conclusion, with special attention given to an examination of market characteristics, firm strategies, government policies, and some economic factors.

• Journal of Korea Technology Innovation Society
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• v.6 no.3
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• pp.298-305
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• 2003

본 연구는 전 세계적으로 1990년에서 1999년 사이에 발생한 기술 라이센스 거래에 관한 자료를 바탕으로, 기업들이 속한 국가의 지적 재산권 보호정도를 포함한 국가별 고유 특성들이 기업들의 라이센스 거래 상대 선택에 어떻게 영향을 미치는 가를 살펴본다. 연구 결과, 기술 보유 기업들은 지적 재산권이 잘 보호되는 나라의 기업들에게 더 많은 라이센스를 주었다. 또한 경제적 자유가 많은 나라로의 기술 라이센스 이전이 보다 활발하다.

• 사회경제평론
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• v.31 no.3
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• pp.165-201
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• 2018

According to F. Nietzsche and A. N. Whitehead, the fatal error of the modern Western ontology is to mistakenly assume that the structure of reality is the same as the structure of language, and to misplace the fictional linguistic subject as a realistic subject. This fictional concept of the subject is the concept of person. This paper will analyze how this fictional concept of person forms the basis for the development of modern finance. The historical period and place of analysis of the paper is England in the late 17th century. At this time and place, the modern form of banking began, and the concept of person was developed philosophically by English intellectuals, especially by John Locke. And at the same time, joint-stock companies and the English nation state acquired their independent abstract personhood. The fictional concept of person has reduced social relations to "exclusive property rights" and "creditor-debtor relations," and this reduction forms the ontological basis of modern finance. In modern finance where property rights and creditors' rights are mixed, property owners excercise exclusive property rights but avoid responsibility for the exercise by being transformed to creditors. Furthermore, property owners' privilege were extended when the modern groups-joint-stock companies and the nation state-who are endowed with eternal and independent personhood are reduced to debtors for the property owners.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.125-167
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• 2003

ADR program is designed to solve the problem such as the increase of suits and decision delayed. ADR program has the several significances, decreasing inappropriate cost as time and burden of courts, providing an approachable measure of relief and more efficient tool for settlement of dispute. Particularly ADR program satisfies the needs Intellectual property disputes need specialists that are versed in the subjected problem and, need to be souled quickly in confidence. And parties concerned are not good at the strict judicial procedure in courts, At this point, ADR program holds some advantages over court proceeding for intellectual property disputes. Specialists can be selected as arbitrators or mediator; Cofidentiality may be preserved; Flexibility allows settlement based on mutual commercial interests; Single solution is possible for multiple disputes involving parties from different countries. However, ADR program has not been properly used in. Korea, which is due to not only the lack of understanding the ADR program, but the poor number of filings and settlements. Intermediaries are not professional and also they do not take active hands in disputes. Sometimes, their fairness is asked as peacemakers. Eventually, it is said that this program is not enough to settle international disputes. To activate the ADR program, we can propose the ADR program annexed to court for example. And we can introduce the conciliation and arbitration to disputes in intellectual property. Traditionally arbitration has been a crucial issue in intellectual property disputes. In that intellectual property rights are granted by the local sovereign power, many legal systems in the past maintained the position that the existence, extent, meaning and application of such rights could only be definitively decided by the granting authority or the courts of that country. There is wide recognition that the arbitration of intellectual property is desirable. The law in most of the major countries has been changed in recent years in favor of arbitrability of intellectual property rights. We can also propose ADR on-line.

• Korean Management Science Review
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• v.31 no.4
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• pp.29-42
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• 2014

As society proceeds rapidly toward a knowledge-oriented stage, knowledge as an intangible asset has gained increasing importance. Companies increase their competitiveness and generate extra value through continuous investments in the management of intellectual property (IP). Thus, the prime concerns of companies have been protection of their technological innovation output through filing for IP rights, and maximization of their interests through utilization of intangible assets. Despite the importance of technological innovation in the management of a company, few studies have analyzed the key factors in the management of IP and activities for technological innovation. This study aims to derive policy implications for managing IP and effective capacity building for technological innovation. For this purpose, the author has employed empirical tests to identify the major factors influencing the direction of technological innovations in a company.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.215-232
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• 2005

China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.85-114
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• 2022

When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.

• The Korea Journal of Herbology
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• v.27 no.5
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• pp.45-53
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• 2012

Objectives : In recent years, the Chinese Government has been providing full support aimed at promoting the excellence of Chinese culture, including Traditional Chinese Medicine (TCM), to the world after recognizing Chinese culture and medicine as elements that can generate national wealth. Methods : In investigating China's awareness of the issues surrounding the intellectual property rights of TCM, as well as its implementation of protective measures, this study analyzed the law and platform policies of the Chinese Government, as well as the designation status of China's intangible cultural heritages and the recent research trend in the TCM field. Results : First, China is taking various protective measures based on laws and institutional devices, including the Patent Act. Second, China is protecting the intellectual property rights of traditional Chinese medicines by registering them as Chinese intangible cultural heritages or UNESCO world heritages. Third, China is seeking to promote TCM throughout the wider world through various research and academic conferences, and by strengthening ties between nations. Conclusions : With the adoption of the international regimes of the WIPO and CBD, and particularly the Nagoya Protocol in 2010, China is seeking to implement measures aimed at maximizing the national interest based on the intellectual property rights of TCM. China began to implement a system of protection of medicinal resources and the related traditional knowledge after recognizing the potential crisis that could occur if Chinese medicine-related patents were taken over by foreign countries. As such, the system now takes various forms.

• The Journal of Korean Medicine
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• v.25 no.3
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• pp.20-31
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• 2004

The 21/sup st/ century is a society based on knowledge, so in economic activities, it has emphasized the importance of information such as intellectual property or intangible asserts. Especially, according to the agreement on trade related as parts of intellectual property rights in WTO, it is used as the method of commercial entente and monopoly for intellectual property in an advanced nation. For this reason, WIPO and UNESCO discussed a complement for intellectual property on the foundation of traditional knowledge such as traditional knowledge (TK), genetic resources (GR) and traditional cultural expressions (TCE, folklore). Korea has a lot of knowledge falling under TK, GR, and TCE because of the long history of the country. In the case of traditional medical care, it has been used in the public health system. It is hard to apply these rights to traditional medical care of Korea because the laws of intellectual property have been established under the ideas of western culture. It is necessary to improve the classification system of traditional knowledge and patents. In the patent classified system of IPC, it needs to be related to the research between the classified system for massive technology and the classified system for traditional clinic technology.

• Proceedings of the Korea Society of Design Studies Conference
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• 2004.05a
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• pp.268-269
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• 2004