• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.237-242
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• 2021

The article deals with the problematic issues of defining information as an object of private relations. Definitions that they are intangible and non-consumable by nature, are inextricably linked to a specific material carrier are/or secured by the subject that transmits them, messages, and information that have quantitative and qualitative characteristics, and are capable of having a freight or another value, and in case of its illegal usage causing damage and moral harm.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.52
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• pp.3-22
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• 2011

This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

• The KIPS Transactions:PartC
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• v.11C no.1
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• pp.55-62
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• 2004

The web-based technology allows anybody who has access to the Internet to get all kinds of information from the World Wide Web. It brings about issues regarding intellectual property and copyright threats. After content is downloaded, no further protection is provided on the content that has been accessed. DRM (Digital Right Management) technologies came out to ensure the protection of copyrighted content and information. In this paper, we propose architecture of license-based digital rights management system for protection of contents and principles' rights such as contents creators, providers, distributors, and uses in contents distribution value-chain over Internet. This system makes on-line processing of all value-chain from creator to purchaser possible, compared with existing DRM products only supporting only limited distribution between distributor and purchaser.

• The Korean Journal of Community Living Science
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• v.17 no.4
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• pp.15-27
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• 2006

Most countries recognize traditional knowledge as an economical resource in recent years, and so are actively participating in WIPO discussions for making sure of their intellectual property rights. In this study, the definition of traditional knowledge was discussed for making clear its categories and relative subjects. A tool for Korean Traditional Knowledge Resource Classification(KTKRC) was developed for putting the data of the resources in order, and was indispensable for searching for and examining cultural artifacts within the system of international intellectual property rights. KTKRC covers comprehensively our various traditional knowledge resources and has a similar structure to IPC for international searching, examining, and information exchange. KTKRC consists of a section of traditional knowledge(A), and three subsections: production technology(A0), living technology(A2) and creative technology(A4). The subsections include 8 classes, 28 subclasses, 105 groups, and a great number of subgroups.

• Journal of Fisheries and Marine Sciences Education
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• v.17 no.3
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• pp.340-360
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• 2005

Fishery resource rents(i.e. windfall gains or excess profit), which tend to lead a variety of important economic, social, political problems, have been a fundamental cause of unbalance between fishery resource use and management. Thus, there may exist several sorts of optimal level of resource utilization such as economic maximum sustainable yield, biological maximum sustainable yield, social optimum production, socio-political optimum yield, etc. The fishery resource use level seems to a large extent to be determined by the characteristics of fishermen's rent seeking structure. As well known, fishery resources as common properties have a characteristic of being difficult to establish private property rights. Therefore, their use rights are controlled by the permit and/or the license system. As a result, absolute or differential rents are formed by the changes in institutional arrangements. Rent problems are often transformed into serious socio-political issues when the rent in a given industry is much higher to a socially unacceptable extent than the average of other industries. However, individual fishermen or fishermen's groups tend to behave aggressively to change the existing fishery institutions towards maximizing fishery rents. These rent-seeking behaviors often tend to nullify fishery management schemes. The larger is the relative rent difference between fisheries and other industries, the more aggressive tend to be the rent-seeking behaviors in fisheries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• Journal of Soil and Groundwater Environment
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• v.28 no.6
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• pp.1-8
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• 2023

In order to efficiently manage groundwater resources, it is necessary to establish clear definition about the rights to use groundwater because it directly governs the interests of various stakeholders, from users to policy makers. In this paper, we examined the characteristics of Korea's rights to use groundwater through legal precedents, public recognition, laws, and institutional stipulaton. Inclarity about the scope and definition of the right, and the absence of legal basis ruling the exclusion and duration of groundwater use have entailed numerous cases of legal disputes between the parties with incompetible interests. In the perception survey, various responses were obtained from the surveyee regarding the scope of rights perceived by groundwater users, how to respond to groundwater shortages, and opinions about expanding public uses of groundwater. In Korea, the legal authority to use groundwater is governed by different laws while considering groundwater as both private and public property. In foreign countires, the right to use water is separated from property ownership, and it limits the volume and pumping rate of groundwater during a specified period. In order to better manage groundwater resources, it is necessary to come up with a public consensus on the right to use groundwater by considering the opinions of various stakeholders and accomodating them in adminstrative effort in directing groundwater management.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• Journal of Communications and Networks
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• v.8 no.2
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• pp.144-150
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• 2006

A serious problem with traditional 'command & control' spectrum management techniques is that they do not easily accommodate new technologies and new services. This paper describes the necessary principles of flexible-use spectrum rights which may allow a wide variety of spectrum uses in a single general-purpose band. Based on the electrospace description of the radio spectrum, these principles allow general aggregation or division of licensed electrospace regions via secondary markets, providing rules for how regulatory limits change under aggregation or division. These flexible-use principles limit transmitter behaviors that tend to create a more difficult operating environment for receivers, while making receivers responsible for handling any remaining interference. The author shows how flexible-use principles could provide a basis for real-world flexible-use frequency bands.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.71-89
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• 2008

International technology transfer(ITT) or technology trade is a very comprehensive term covering various mechanisms and channels for shifting technologies across borders. Thus, it refers to numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation. It includes technology, trade, and investment. Markets for exchanging technologies are inherently subject to failure due to appropriability problems, spillovers, asymmetric information, and market power. Thus, there is strong justification for public intervention. Technology developers are interested in reducing the costs and uncertainty of making transfers, along with protecting their rights to profit from such transfers. On the other hand, technology importers are interested in acquiring knowledge at minimal costs, asking for restricting sharply the exclusive rights of foreign firms to exploit technology. The purpose of this paper is to review the characteristics, risks, legal issues and contractual check points of ITT, focusing on the avoidance of commercial disputes during the very complex processes of ITT.