• Title/Summary/Keyword: protection of the rights

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A study of Chinese fashion design copyright protection cases - Highlighting infringement cases involving the intellectual property rights of Bai Yi Bei in 2023 - (중국 패션디자인 저작권 보호 판례 고찰 - 2023년 백일배(百一杯) 지식재산권 판례를 중심으로 -)

  • Yueding Zhou;Hyunzin Ko
    • The Research Journal of the Costume Culture
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    • v.32 no.2
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    • pp.287-298
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    • 2024
  • Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.

Digital Rights Management and Rights Language (디지털 저작권관리와 Rights Language)

  • 박정희;성평식;이기동
    • Journal of Korea Society of Industrial Information Systems
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    • v.8 no.2
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    • pp.7-13
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    • 2003
  • The Internet presents a unique platform for disseminating digital content such as music, video, games, software, text, business and proprietary corporate information. It promises ubiquitous access, while at the same time fundamentally challenging the traditional rules of ownership and distribution of content. In such environment, safe protection and proper delivery of digital content would be a crucial requirement toward a new e-business model. Research on the Digital Rights Management (DRM) focuses on filling this functional vacancy of the market transition by providing a more viable business model based. XrML(eXtensible Rights Markup Language) provides a universal tool for specification of rights, fees, and issuing conditions(licenses) associated with the use and protection of digital content. ContentGuard has developed XrML to unify the Digital Rights Management(DRM) specifications and encourage interoperability. It seems that all working groups of DRM agree to use XrMl for their right description language.

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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 comparative study on child rights through the application of a child rights index ('아동권리지수' 적용을 통한 아동권리 비교 연구)

  • Lee, Bong Joo;Shin, Won Young
    • Journal of the Korean Society of Child Welfare
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    • no.58
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    • pp.171-203
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    • 2017
  • There has been a growing number of research about children's development indicators and child well-being indicators. After the Convention on the Rights of the Child (CRC) and concluding observations on the second report of Korea, the effort to monitor and measure children's rights and the use of child rights indicators has increased within policy and academic research. However, few indicators provide a realization of children's rights. The purpose of this paper was to analyze children's own perceptions of their rights and to develop a children's rights index to measure children's rights. In this study, a children's rights index was developed from 38 indicators categorized into nine components and four domains (survival rights, development rights, protection rights, and participation rights) to measure children's rights. Data were gathered from 17,000 elementary and middle school children and their parents in 16 cities. The survey revealed significant differences in the children's rights index by region and age group. There was also a correlation between the economic circumstances of both households and communities and the children's rights index. In the light of the findings, it is suggested that there is a need to increase public investment on children and to raise awareness of children's rights in order to improve children's rights and to decrease disparity.

A Study on the Legal Protection of Fashion Designs and its Possibility under the Korean Design Protection Act - Based on the Review of Cases Related to the Requirements for a Design Definition and Acquisition of Design Rights and the Judgment of Design Identity & Similarity - (패션디자인의 디자인보호법상 보호와 보호 가능성에 관한 고찰 - 디자인 성립 및 등록요건과 동일·유사 판단 기준 관련 판례 검토를 중심으로 -)

  • Cho, KyeongSook;Jung, Seok Won
    • Journal of the Korean Society of Costume
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    • v.66 no.1
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    • pp.28-41
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    • 2016
  • This paper is aimed at intensively examining the scope of legal protection for fashion designs under the Design Protection Act of Korea. For this purpose, this looked into how the Act defines the concept of design, its requirements, and the prerequisites for acquiring design rights. The study also reviewed statutory interpretations over the judgment of the identity and similarity of designs. For more practical and substantial discussions, this research utilized cases and precedents, which had relevant legal principles. This study also figured out how both the requirements for a design definition - such as merchantability, configuration, visibility, and aesthetics - and the prerequisites for acquiring design rights - like industrial applicability, novelty, and creativity - are interpreted and utilized in actual circumstances. The authors expressed their opinions regarding the criteria of judging the identity and similarity of designs, based on a study of previous cases. Previous rulings show that aesthetics of the exterior design is used as the criteria for determining whether a design is same or similar. So, two designs, which have different specific details, are deemed same or similar, if both designs show similarity in the dominant elements. This is because both designs will produce similar aesthetic qualities. However, if the dominant elements of a design are part of the public domain, and the specific details characterize the design, the latter has to be evaluated in the process. This paper examined scope of legal protection for fashion designs using relevant precedents. The study may serve as academic materials that lead to the establishment of rightful ownership in creative activities.

Protection of Intellectual Properties Rights in Korean Fashion Industries (한국패션기업의 지적재산권 보호실태에 관한 연구)

  • 김용주
    • Journal of the Korea Fashion and Costume Design Association
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    • v.3 no.2
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    • pp.5-21
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    • 2001
  • The intellectual properties right are becoming very critical issues in domestic fashion industries and also international trade. Although it is true that intellectual properties rights are commonly infringed in fashion industry, none of researches has been done for this matter. The present study is to analyze the patterns of infringement by case analysis, which was limited to trademark and trade dress. As a result, in case of trademarks, counterfeiting was relatively clear case, but it is generally investigated by prosecutes whereas the judgement of similar trademark has been taken by legal lawsuit. In case of industrial design(trade dress) most of disputes were related to textile design and modified Korean tradition dress. Reflecting the short history of protection of intellectual properties rights many informations and legal regulations should be established by te government and by the association of fashion related industry.

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The Design of a Multimedia Data Management and Monitoring System for using License Agent (라이센스 에이젼트를 이용한 멀티미디어 데이터관리 및 감시 시스템 설계)

  • Cho, Hyun-Seob;Ryu, In-Ho
    • Proceedings of the KIEE Conference
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    • 2007.07a
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    • pp.1662-1664
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    • 2007
  • As the logistic environment of digital contents is rapidly changing, the protection of the digital rights for digital content has been recognized as one of critical issues. Digital Right Management(DRM) has taken much interest Internet Service Provider(ISP), authors and publishers of digital content as an interested approach to create a trusted environment for access and use of digital resources. This paper propose an interested digital rights protection scheme using license agent to address problems facing contemporary DRM approached : static digital rights management, and limited application to on-line environment. We introduce a dynamic mission control technology to realize dynamic digital rights management. And we incorporate license agent to on- and off-line monitoring and tracking. The proposed system prevent illegal access and use by using PKI security method, real time action monitoring for user, data security for itself.

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A Study on the Mitigation pf Market Power using Contingent Transmission Rights in Competitive Electricity Markets (경쟁적 전력시장에서 Contingent Transmission Right을 이용한 지역적 시장지배력 완화방안)

  • Park, J.S.;Kim, K.M.;Chung, K.H.;Han, S.M.;Kim, B.H.
    • Proceedings of the KIEE Conference
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    • 2005.11b
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    • pp.159-161
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    • 2005
  • Transmission congestion is one of the key factors to local market power in competitive electricity markets. Financial transmission rights provide the financial protection to their holders by paying back the congestion cost. However, the market participants who have market power can exacerbate their market power. Due to the exacerbated market power, this paper analyzes the mitigation of local market power using Contingent transmission rights on the market price. Contingent transmission rights provide not only the financial protection but also regulative penalty. The proposed methodology was demonstrated with the Optimal Power Flow(OPF).

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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.

The Design of a Multimedia Data Management and Monitoring System for Digital Rights Protection (디지털 저작권 보호를 위한 멀티미디어 데이터 관리 및 감시 시스템의 설계)

  • Cho, Hyun-Seob;Oh, Myoung-Kwan;Jun, Ho-Ik
    • Proceedings of the KAIS Fall Conference
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    • 2012.05b
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    • pp.817-819
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    • 2012
  • This paper propose an interested digital rights protection scheme to address problems facing contemporary DRM approached : static digital rights management, and limited application to on-line environment. We introduce a dynamic mission control technology to realize dynamic digital rights management. And we incorporate license agent to on- and off-line monitoring and tracking. The proposed system prevent illegal access and use by using PKI security method, real time action monitoring for user, data security for itself.

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