• 제목/요약/키워드: trademark

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A Study on the Judgment Criteria for the Trademark Dilution of Famous Marks

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • 한국컴퓨터정보학회논문지
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    • 제24권10호
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    • pp.225-232
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    • 2019
  • 2001.2.3.자 부정경쟁방지법의 개정으로 신설된 제2조 제1호 (다)목에서는 부정경쟁행위의 한 종류로서 저명상표 희석행위에 대해 정의하고 이를 규제하고 있다. 저명상표는 세계 각국에서 보편적으로 보호되고 있는데 우리나라도 이와 같은 국제적인 조류에 맞추어 부정경쟁방지법에서 저명상표를 보호하고 있다. 저명상표 희석범죄가 성립하기 위해서는 (1)표지의 저명성 (2)표장의 동일 유사 (3)식별력 약화 또는 명성 손상을 요건으로 하는데, 특히 저명상표 희석범죄의 구성요건적 결과인 '식별력 약화 또는 명성손상'의 입증정도와 관련하여 저명상표 희석범죄는 침해범이나 추상적 위험범이 아닌 구체적 위험범이라고 해석함이 타당한 바, 식별력 약화 또는 명성 손상의 구체적 현실적 위험이 발생하면 본 죄가 성립하는 것으로 보아야 한다. 나아가 '식별력 약화 또는 명성 손상'의 구체적 판단 기준과 관련하여, 일반 대중의 사회 심리적 관점뿐만 아니라 구체적 사안에서의 개별 행위태양의 반(反) 가치정도를 규범적 요소로서 고려하여 종합적으로 판단함이 상당하다.

한국 의류산업의 의장(디자인) 등록 추세와 의장제도에 관한 연구 - 의복류(의장분류 B1)의 의장 등록을 중심으로 - (The Analysis of Registration of Design Rights in Korean Apparel Industry - Design Rights Registered in Apparel (Classification B1) -)

  • 김용주
    • 복식
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    • 제54권1호
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    • pp.125-139
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    • 2004
  • The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

전통주류 상품화 사례 및 경쟁력 제고 방안 연구 (A Study on the Cases of Merchandising and Suggestions for Improving Competitive Power of Traditional Liquor)

  • 전영미;안윤수;김미희
    • 한국지역사회생활과학회지
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    • 제17권2호
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    • pp.3-14
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    • 2006
  • This study intends to offer suggestions for improving the security and competitive power of traditional liquors by investing in the status of intellectual property rights. Merchandising and the marketing strategies of traditional liquor are also addressed. The data was collected through a questionnaire survey given to 101 CEOs of traditional liquor manufacturers. The major results of this study were as follows: The management types of traditional liquor manufacturers were classified as the company 57 (56.4%), the corporation or the union 29 (28.7%), domestic industry 10 (9.9%), and marketing community or technology center 5 (5.0%). The competitive power degree of traditional liquor products was classified as strength 30 (31.6%), usual 30 (31.6%), weakness 35 (36.8%). The elements of strong competitive power were taste, functional (wellbeing) character, and attractiveness of the brand name. On the other side, reasons for weakness in competitive power were the marketing system, price competitiveness, and advertisement. The trademark registration of the traditional liquor appeared with 53%. The reasons not to pursue a trademark registration included the complicated and unnecessary process of registration acquisition, high registration expenses, etc. The perceptions of CEOs about the consumer's brand awareness for their product were low with an average 2.97. Explanations included insufficient advertisement and public relations, unrefined trademark design, and the meaninglessness of brand names. The marketing strategy of traditional liquor manufacturers according to annual sales were as follows: Manufacturers with high sales emphasized marketing strategies that focused on functional character, traditional image, high quality in image and package materials and design, high price strategies based on quality, and various sale promotions.

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전통주류 지식재산권 현황 및 상표 유래 분석 (The Analysis of Intellectual Property Right Status and Brand Origin of Tradition Liquor)

  • 전영미;안윤수;김미희;안옥선
    • 농촌지도와개발
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    • 제15권1호
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    • pp.23-47
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    • 2008
  • The purpose of this study was to analyze intellectual property right status and brand origin of traditional liquor. The data were derived from the brand of 385 traditional liquor species in Korea. The major results of this study were as follows: 1) The management types of traditional liquor were classified into three categories, namely; individual 27(0.74)%, stock company 304(78%) and corporation or union 38(9.8%). 2) Among 385 traditional liquor species, 102(26%) got the trademark registrations and 129(34%) were in the process of trademark applications, while 154(40%) were unregistered brands. 3) The origin of 187(48.6%) brands used the material names such as fruits, rices, trees, roots and flowers, while 176(45.6%) brand used proper noun such as mountain, distinction, rivers etc.. 4) The designation certification status of traditional skill possessor according to national and local autonomous entity were; intangible cultural assets 42 people, master craftsman 28 persons, and provincial intellectual property 16 persons.

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전자상거래에서의 지적재산권에 관한 문제점과 개선방안 (A Consideration for Intellectual Property Rights under Digital Environments)

  • 권상로
    • 통상정보연구
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    • 제6권1호
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    • pp.249-265
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    • 2004
  • In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

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효율적인 상표 영상 검색 시스템 (System of Efficient Trademark Image Retrieval)

  • 신성윤;백정욱;이양원
    • 한국정보통신학회:학술대회논문집
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    • 한국해양정보통신학회 2010년도 춘계학술대회
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    • pp.160-161
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    • 2010
  • 본 논문에서는 컬러 정보와 형태 정보를 이용한 상표 영상 검색 시스템을 제안하였다. 컬러 정보는 영역을 분할하여 영역별 컬러 분포 히스토그램 특성에 근거한 컬러 정보를 이용하였고, 형태 정보는 경계면 추출, 무게 중심 추출, angular 샘플링 등의 전처리 과정과 무게 중심으로부터 경계면까지 거리의 합, 표준 편차, 장/단축 비율을 계산을 이용하였다. 특히, 무게중심을 이용한 angular 샘플링을 이용하여 특징을 추출하고 처리 시간을 줄일 수 있었다. 사용자는 컬러와 형태 정보에 의한 검색을 수행하고, 또한 가중치를 부여함으로써 두 방법을 혼합하여 사용할 수 있다.

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국내 패션기업의 위조상품 관리실태 및 대응전략분석 (Analysis of Actual Condition of Counterfeits and Anti-Counterfeiting Strategies of Korean Fashion Firms)

  • 김용주
    • 대한가정학회지
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    • 제42권1호
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    • pp.53-67
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    • 2004
  • The purpose of this study was to analyze anti-counterfeiting strategies of fashion firms in Korea. Data was collected by in-depth interviews for 25 fashion firms and 5 buying offices who had been victims of counterfeiting. The result showed that fashion firms recognized the counterfeiting, especially deceptive counterfeiting, as a serious problem in Korea and seek for stronger protection. Fashion firms adopted diverse strategies for the protection of trademark and for the protection of design; (1) Investigation and Surveillance, (2) Warning, (3) Prosecution, (4) Lawsuit, (5) Consumer education (6) High-tech tabooing, (7) Provide incentives, (8) Penalty, (9) Do nothing. Despite the diverse efforts, they proposed the most desirable strategies to deter the counterfeiting as the changes of consumer attitude and stronger legal protection.

Size, Scale and Rotation Invariant Proposed Feature vectors for Trademark Recognition

  • Faisal zafa, Muhammad;Mohamad, Dzulkifli
    • 대한전자공학회:학술대회논문집
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    • 대한전자공학회 2002년도 ITC-CSCC -3
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    • pp.1420-1423
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    • 2002
  • The classification and recognition of two-dimensional trademark patterns independently of their position, orientation, size and scale by proposing two feature vectors has been discussed. The paper presents experimentation on two feature vectors showing size- invariance and scale-invariance respectively. Both feature vectors are equally invariant to rotation as well. The feature extraction is based on local as well as global statistics of the image. These feature vectors have appealing mathematical simplicity and are versatile. The results so far have shown the best performance of the developed system based on these unique sets of feature. The goal has been achieved by segmenting the image using connected-component (nearest neighbours) algorithm. Second part of this work considers the possibility of using back propagation neural networks (BPN) for the learning and matching tasks, by simply feeding the feature vectosr. The effectiveness of the proposed feature vectors is tested with various trademarks, not used in learning phase.

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