• Korean Institute of Interior Design Journal
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• v.23 no.3
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• pp.134-143
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• 2014

The protection of Design is very important issues in these days. Even though Interior Design is also one of important design sections, it is relatively unprotected by formal intellectual property laws, yet creativity and innovation flourish. The needs for protection of Interior Design have been creased. The aim of this study is to suggest the weakness of the system for protection of Interior Design. The proposed research is comprised of two themes. One is to research Acts related to protection of Interior Design. The second is to study the registered cases under the Design Protection Acts. These two theme is generated by the comparative review between ROK and U.S.A. Through these comparative results, this study propose some considerations for an effective protection for Interior Design. Design need to be registered in the hole image of the space not a partial element. The concept needs to be protected because it is more effective way to respond the copying. Exterior for facade and Interior Design need to be registered in one registration to use the protection system actively.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• Journal of Integrative Natural Science
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• v.15 no.1
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• pp.27-36
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• 2022

Metabus, currently represented by Second Life on the Internet, is the next-generation 3DCG Internet world in which the 2D Internet world has evolved, and has grown as a new ICT culture of mankind that can replace real society with virtual society. As such, the reason why the world of metabus has rapidly expanded is that the era of 3D Internet has arrived due to the evolution of the Internet, which only used information, and the spread of 5G communication in user-participating WEB. However, there are many situations in which laws do not exist in this virtual world and various illegal acts occur. As the Internet culture developed earlier, illegal activities by users began to appear, and as the legal responsibility of Internet providers was discussed, mankind quickly passed the Millennium Copyright Act or introduced new copyright protection measures such as technical protection, transmission rights, and rights management information. Therefore, this paper reviews and studies how to accept and further grow this new metabus culture, including the viewpoint of intellectual property.

• Archives of design research
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• v.17 no.4
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• pp.27-36
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• 2004

The protection of intellectual property right in international conventions are worldwide or regional areas already exists a century. Therefore, our country is positive affiliated with international conventions. After that time, such as a violation of international convention and an example of imitations are continually that we prognosticate the international trade market activities was difficult not only became an issue of country credit risk. At this point, the major purpose of this study make an analysis of both paralleled with the case study follow an example and the comprehension with concerned about recognition of intellectual property right. In additionally, it stands a plan of package design protections under the WTO systems. This study have carried out a theoretical and practical analysis of intellectual property right and statistical analysis through the inside and outside of the country packaging design study and a case study of troubles with intellectual property. Besides, it is accomplish the purpose of the study that established exploratory study survey about inside and outside of the country packaging design infringement case study and relative package design industry employees with consumptions real research. I hoped that this study will be a foundation on which packaging, design industry protections to intellectual property right.

• The Journal of the Korea Contents Association
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• v.17 no.8
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• pp.406-413
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• 2017

The purpose of this study is to identify the limits of law on intellectual property generated from dance performance creation. It is based on literature research. It focus the way of dance works protection through current intellectual property laws after 21th century and the limits of them. First, it summarized copyright law, patent, trademark right, and trade secret. Second, it study the choreography of meaning and the process on field of the convergence. At last it summarized the limits of the intellectual property mentioned above. As a result, it is hard to fully protect the right by law whereas performing art create new form of style to communicate with audiences as develop convergence contents. There are significance on this study that summarize the intellectual property law and their limits when they applied to intellectual property from choreography, as a process of dance creation of today.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.167-187
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• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.5
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• pp.49-65
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• 2019

This study was carried out to investigate the domestic and international development of a new cultivar of the Rose of Sharon (Hibiscus syriacus L.), the Korean national flower, and the protection of the new plant variety. In addition, it will be used as basic data for the expansion of domestic distribution, promoting oversea export, and expanding the range of landscape architectural use. A total of 97 varieties received plant variety protection rights from the Korea Seed & Variety Service from 2004 to 2018. The selection criteria were plants having unique flowers, growth habits, and variegated leaves. Some cultivars with unique features, such as flower size, shape, and red eyes were available for focus planting. Plant varieties with tall and strong growth patterns have been highly valuable for street and focus planting. Cultivars with dwarf stems and compact branches are utilized for pot planting and bonsai. The protected cultivars were mostly single flower varieties, with two semi-double flowers. There were 57 cultivars of pink flowers with red eyes and 21 cultivars of white flowers with red eyes. There were 61 cultivars developed by crossing, 23 cultivars through interspecific hybridization and 7 cultivars developed through radiation treatment and mutation. The Hibiscus cultivars registered to the United States Patent and Trademark Office (USPTO) consisted of seven cultivars each from the United States, the United Kingdom, and the Netherlands, four from South Korea, and three from Belgium. The Hibiscus cultivars registered to the European Community Plant Variety Office (CPVO) consisted of 16 cultivars from France, 9 from the Netherlands, 5 from the UK and 1 from Belgium. The cultivars that received both plant patent and plant breeder rights in the United States and Canada were 'America Irene Scott', 'Antong Two', 'CARPA', 'DVPazurri', 'Gandini Santiago', 'Gandini van Aart', 'ILVO347', 'ILVOPS', 'JWNWOOD 4', 'Notwood3', 'RWOODS5', 'SHIMCR1', 'SHIMRR38', 'SHIMRV24', and 'THEISSHSSTL'. 'SHIMCR1' and 'SHIMRV24' acquired both domestic plant protection rights and overseas plant patents. The 14 cultivars that received both US plant patents and European protection rights were 'America Irene Scott', 'Bricutts', 'DVPAZURRI', 'Gandini Santiago', 'Gandini van Aart', 'JWNWOOD4', 'MINDOUB1', 'MINDOUR1', 'MINDOUV5', 'NOTWOOD3', 'RWOODS5', 'RWOODS6', 'Summer Holiday', and 'Summer Night'. The cultivars that obtained US patents consisted of 18 cultivars (52.9%) with double flowers, 4 cultivars (11.8%) with semi-double flowers, and 12 cultivars (35.3%) with single flowers. The cultivars that obtained European new variety protection rights, consisted of 11 cultivars (34.3%) with double flowers, 12 cultivars (21.9%) with semi-double flowers, and 14 cultivars (43.8%) with single flowers. In the future, new cultivars of H. syriacus need to be developed in order to expand domestic distribution and export abroad. In addition, when developing new cultivars, it is required to develop cultivars with shorter branches for use in flower beds, borders, hedges, and pot planting.