• Title/Summary/Keyword: the intellectual property

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A Study on the Mobile Commerce Technology Trend and Analysis of Advanced Patents (무선 전자상거래 기술동향 및 선진 특허분석)

  • 김윤기;강치원;정회경
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.6 no.6
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    • pp.805-811
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    • 2002
  • According to progressing the If(Information Technology), Mobile Commerce have been activated. Hut all kind of theses information is limited in thesis and report. Recently importance of Intellectual Property Right is emphasized and it's very demanded to study for it. Therefore, this thesis will investigate a tendency about Mobile Commerce and Intellectual property Right which is related it. Then it will be presented the way for ensuring the Intellectual Property Right in next generation through seeking a way for guaranteeing Intellectual Property Right of Domestic.

A Study Of Effective Operation and Learning Methods Of Intellectual Property Courses (Apply Core Competency Assessment)

  • Ju Hyun Jeon
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.4
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    • pp.233-238
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    • 2023
  • In the Fourth Industrial Revolution era, creative ideas are creating enormous value. This study conducted a case study on curriculum management plans aimed at protecting ideas and their results, recognizing the importance of intellectual property (IP), and cultivating basic knowledge about intellectual property. In particular, this study looked at ways to quickly learn related issues regarding new intellectual property rights related to computer software and artificial intelligence. In addition, research was conducted on ways to learn about efficient protection and utilization of inventions through actual examples. This study checked the importance and necessity of the interaction and communication between instructors and learners through the status of distance learning in domestic universities and a case study of distance learning of convergence subjects. We aim to continuously research effective class management methods and contribute to academic development through case studies of convergence subjects.

Grope for a summary program about intellectual property protection of traditional knowledge(TK) etc. discussed in WIPO (WIPO의 전통지식 등의 지재권 설정 논의에 관한 개략적 방안 모색)

  • Lee, Je-Hyun;Kim, Yong-Jin;Choi, Hwan-Soo
    • Journal of Haehwa Medicine
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    • v.12 no.2
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    • pp.227-234
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    • 2004
  • The international government committee is progressing their agreements about intellectual property protection of traditional knowledge(TK), gene resource(GR), folklore(FL) in WIPO. It is in the course of selection with precedence of TK, GR, FL in WIPO, focused on discussions about listing of TK documents, standardization of DB construction, sharing and profit distribution of GR. There are disagreements between developed countries and developing countries about intellectual property protection agreements of TK, GR. The developed countries insist on using the existing intellectual property protection, but the developing countries ask new ones on character of TK, GR. It causes intangible assets to be valuable trade properties in future world trade. This research Groped for a summary program about intellectual property protection of traditional knowledge(TK) etc. debating in WIPO. This program confirms that such as TK, GR etc. not only to be the cultural property accumulated in human history, but also to be the original resource may be using at present. Therefore, we suggest that the focus of discussion should transfer to UNESCO instead of WIPO which only deal with the intellectual property protection. Besides, the main body which protecting and supporting TK should become its holding organization so as to achieve more effective management about it. In order to protect and support TK, the government should have firstly the recognition that TK is the property belongs to the country. By this viewpoint, it needs to setup DB through overall excavation of the unofficial knowledges in order to protect and support these TK, GR. Because the positive dealing with those WIPO's discussion means to support our TK, GR, so there should have some reorganization about existing related ones, and also needs systemic supporting policies & management' system.

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R&D Investment in Intermediate Goods Industry by Intellectual Property Rights Protection Policies and Policy Implications (지식재산권 보호정책에 의한 중간재 산업 R&D 투자 결정 모형 및 정책 함의)

  • Mee-Kyung Jung
    • Korea Trade Review
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    • v.46 no.4
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    • pp.205-217
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    • 2021
  • This paper examines the effects of intellectual property protection policies on upstream firms' R&D investments in order to derive policy implications in relation to the fostering of the intermediate goods industry. To that end, the dependence on import of intermediate goods and the degree of protection of intellectual property rights are introduced into the model to analyze the effects of R&D investments on the dependence on imports and the effects of intellectual property rights protection policies on the level of R&D investments in order and the social welfare effects are also checked. The policy implications derived in this paper, which used an oligopolistic market model with a vertical specialization structure, are as follows. As R&D investments expand, upstream firm begins to have price competitiveness, the dependence on import of intermediate goods by downstream firm decreases, and social welfare increases. That is, in order to strengthen the independence of the intermediate goods industry, R&D investments by upstream firm should be expanded, and to promote this, the government should strengthen the protection of intellectual property rights.

A Study on Competition Limitation Clause of International License Contract (국제라이선스계약상 경쟁제한조항에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin;Kim, Jong Kwon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.39-64
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    • 2014
  • The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

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Research on Management Strategies for Intellectual Property Activities to Improve Corporate Performance (기업의 성과 제고를 위한 지식재산활동의 경영전략 연구)

  • Sangho Lee;Kwangmoon Cho
    • Journal of Internet of Things and Convergence
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    • v.9 no.6
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    • pp.83-92
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    • 2023
  • The purpose of this study is to provide a rational management strategy to improve the management performance of companies through intellectual property activities. Through this study, we aim to explore countermeasures to strengthen competitiveness in a changing global environment. A survey of 200 companies was conducted from September 1 to October 30, 2023. Statistical analysis was conducted using frequency analysis, exploratory factor analysis, reliability analysis, correlation analysis, multiple regression analysis, and difference analysis. The conclusions are as follows. First, the impact of intellectual property activities on management performance was found to be creation and utilization. Second, the impact of management strategies on management performance was found to be differentiation strategy, cost advantage strategy, and concentration strategy. Third, cost advantage strategy has a partial mediation effect on the relationship between creation activities and managerial performance of intellectual property activities. Fourth, the differentiation strategy has a partial mediating effect on the relationship between the creation of intellectual property activities and managerial performance. In addition, differentiation strategy has a full mediating effect on the relationship between the utilization of intellectual property activities and performance. Fifth, concentration strategy has a partial mediating effect on the relationship between intellectual property activity utilization and management performance. Sixth, there is a difference between creation activities, protection activities, utilization activities, cost advantage strategy, differentiation strategy, financial performance, and non-financial performance based on venture certification status. As the importance of intellectual property is increasing in the era of technological hegemony, IoT companies will need to improve their management performance through venture certification and strategies utilizing intellectual property in order to secure future competitiveness. Based on this study, we hope that IoT companies will maximize their performance by implementing efficient strategies that consider IP activities.

Arbitration of International Intellectual Property Disputes (국제지적재산분쟁의 중재)

  • Sohn, Kyung-Han
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.71-100
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    • 2007
  • To promote the way of resolving the increasing disputes regarding international intellectual property by arbitration, we should overcome uncertainty thwarting the dispute resolution; i.e., whether a dispute regarding intellectual property would be an arbitrable subject, whether the arbitration agreement would be valid and enforceable, and whether the arbitral award could be recognized and enforced in a foreign country. This article is intended to seek how to promote and facilitate the resolution of international disputes regarding intellectual property by arbitration. This article in Chapter II will examine the characteristics of the IP disputes first. Chapter III of this article will study arbitrability of IP disputes. Then, Chapter IV will discuss the requirements, validity, and effectiveness of arbitration agreement of international IP disputes. The author will discuss the procedure of arbitration of the international IP disputes in Chapter V, and finally the recognition and enforcement of foreign arbitral awards thereon in Chapter VI. Due to the so called 'territoriality principle' in intellectual property, the international disputes thereof confront numerous procedural setback, e.g., jurisdiction, conflict of laws, the recognition and enforcement of foreign judgments or awards. To overcome such setbacks, I propose resolution of international IP disputes by one-step arbitration procedure through widely recognizing the arbitrability of IP disputes, and utilizing unnational nature of arbitration. In addition, I propose to set up the principles as to arbitration of the international IP disputes as the American Law Institute has formulated the principles for International Intellectual Property Litigations. By setting up these principles, I am certain it will be helpful to just and prompt resolution of international IP disputes which occur more frequently these days.

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ADR in IP Dispute (ADR에서의 지적재산권분쟁 - 중재$\cdot$조정중심으로 -)

  • Yun Sun-Hee
    • 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.

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The Limits of Intellectual Property Law for Dance Performance (국내 무용공연을 위한 현행지식재산권법 적용의 한계)

  • Cho, Sung Hee;Kim, Eun Jung
    • 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.

The Commercialization of Academic Research in the Context of Shifting Intellectual Property Regimes in the Twentieth Century (20세기 대학연구의 상업화와 지적재산권 제도의 변화)

  • Yi, Doogab
    • Korean Journal of Environmental Biology
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    • v.32 no.4
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    • pp.403-412
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    • 2014
  • This article chronicles key shifts in intellectual property regimes in the twentieth century as they related to the commercialization of academic research. The institutionalization and growth of scientific research in the research university in the twentieth century and the increasing awareness of its potential to promote technology innovation and economic growth posited an important question of the ownership of knowledge created in the academic setting, where knowledge was traditionally regarded as a common property among academic researchers. This paper shows the ownership of academic knowledge emerged as a key public policy and legal issue in the latter half of the twentieth century for academic researchers and government officials who pursue the commercialization of academic knowledge for private gain and public benefit. The resulting institutionalization of patent management in the research university and shifts in federal patent policy in turn opened a new legal avenue for the establishment of the private ownership of academic knowledge and the expansion of intellectual property rights in academia, especially in the area of biological and biomedical research. Reflecting upon historical shifts in intellectual property regimes in the twentieth century, this paper suggests recent controversies regarding ownership of biological knowledge and profit sharing in developing counties are linked to critical issues pertinent to the welfare of indigenous population, utilization of new natural resources, and sustainable development for humanity.