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A Study on Unification plan of field of industrial property right in the North and South Korea (${\cdot}$북한 지적재산권법의 통일화 방안 연구)

  • Yun Sun-Hee
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.139-174
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    • 2005
  • Since a declaration between North and South Korea was adopted, North and South Korea has strengthened the interchange and cooperation between each other in many fields. Especially, the interchange and cooperation in the field of industrial property right, such as patent and trademark, are required to keep up with the age of the knowledge industry. But, until a recent date, there has been little interchange or cooperation in the field of industrial property right, and a few major companies were attempt to apply for the patent in North Korea through the Third country The system of industrial property laws in North and South Korea are very different because of time and political ideology barriers. To unify the system of industrial property laws in North and South Korea, firstly, North and South Korea must try to recognize and understand the dissimilarity between them. In this article, I compared the system of industrial property law of South Korea with that of North Korea to search commonalities and dissimilarities. Furthermore, it is needed to establish systematic devices for understanding of between North and South Korea, for instance, conducting a interdisciplinary seminar or dispatching a judge mutually. Finally, it is necessary to phase in a practical plan for unification. In the short run, mutual application and registration have to be authorized, and in the long view, unifying the practice of industrial property law service is needed. At the conclusion, the industrial property laws in North and South Korea can be unified systematically. In other words , to unify system of industrial property laws in North and South Korea, it is prerequisite that mutual understanding of industrial property laws and performance of the unify plan. The interchange and cooperation in this field will not only promote technical development but also create common interests of North and South Korea by expanding an opportunity for creating and utilizing industrial property.

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Suitability of Alternative Dispute Resolution for the Fashion Industry - Focused on Arbitration for the Fashion Industry - (패션산업의 대체적 분쟁해결제도 적합성 - 패션산업의 중재 제도 도입을 중심으로 -)

  • Lee, Jae-Kyoung
    • 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.

Development of Valuation Model on Trademark Rights for Intellectual Property Revitalization (지식재산권 활성화를 위한 기업상표권 가치평가 모형 개발)

  • Kim, Heung-Su
    • Journal of Digital Convergence
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    • v.14 no.9
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    • pp.89-97
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    • 2016
  • Intellectual property rights play a key role in employment creation and income generation plays an important role, especially in the creative economy. Many companies are ultimately increasing efforts to boost the company's financial performance, such as maximizing profits by building a strong brand assets amid committed to brand management in this paradigm. Reasonable evaluation and commercialization of technology transactions, financial assistance, investment decisions, trademark brand value for the reactivation (revitalizing) for the purposes of M & A, litigation, brand strategy will be said to be very important. In spite of the importance, the awareness of the property and the capabilities to assess are hardly sufficient. Thus, this study, targeting companies with valid trademarks for value assessment, conducted case analysis by cost method and income approach; the analysis presented the result from 2.05 million by the cost method to 2.7 million by the income approach applied to a variable discount rate and adjustment contribution. However, now that the implication was drawn from a single company, further studies covering case study and application plan according to scale and type of diverse company groups should be continued.

PCM Technology Development Trends of Korea and USA by Patent Analysis of Phase Change Material Related to Textile Products (섬유제품 상변화물질 관련 특허통계 분석을 통한 한국과 미국의 기술개발동향 - 특허정보검색 중심으로 -)

  • Yoo, Hwa-Sook;Park, Kwang-Hee;Kim, Moon-Young
    • Fashion & Textile Research Journal
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    • v.9 no.3
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    • pp.295-302
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    • 2007
  • Phase change material-related patents filed at Korea Institute of Patent Information(KIPI) and United States Patent and Trademark Office(USPTO) were analyzed for understanding the PCM's technological level of Korea and providing the information for establishing the research development policy concerned with high technology fibers. Patent data from 1980 to 2005 collected from KIPI and USPTO internet sites were examined using the number of patents and share of assignees in patents. The contents of patent were classified according to IPC(International Patent Classification) and assignees were divided into individual and firm/public body. The results of comparing total number of patents in USA with that in Korea showed USA had as 2.3 times as Korea had. The number of patents of USA had increased steadily since 1980 whereas that of Korea sharply since 2001. The number of patents of Korea from 2001 to 2005 was more than that of USA. USA was specialized in fundamental technology and Korea was specialized in application area with PCM. Assignees who had the most patents were firms and the next were individuals. Assignees who applied for several patents were more in USA than in Korea and patent application numbers per the assignees were higher for USA.

Cybersquatting-related Precedent Tendency (사이버스쿼팅 관련 판례 동향)

  • Oh, Tae-Kon
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.11
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    • pp.221-227
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    • 2013
  • Cybersquatting is a type of conflicts between a trademark and a domain, and refers to "behaviors of registering, retaining, transferring, and using the identical or similar domain name in bad faith for the profit from the mark such as trademark". That is, it is preoccupying behavior to abuse the fact that the domain name in the Internet can be freely registered on a first come, first served basis and can't duplicate. Though this should be prohibited, given the reality that most of our daily lives are based in the Internet, this is creating many problems in IT environment beyond social structure in rule of law. Therefore, this study has the purpose that it provides cybersquatting-related information and suggests legislative implications hereafter through the analysis of cybersquatting-related precedent from the Supreme Court.

A Study on Brand Definition - Focusing on etymology and institutional perspective - (브랜드의 정의에 관한 고찰 - 어원과 제도적 관점을 중심으로 -)

  • Park, Bo Ram
    • Design Convergence Study
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    • v.16 no.1
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    • pp.203-216
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    • 2017
  • There are many definitions around brand. It complexify academic literature. Thus, this study collected meaningful definitions among many statements about brand and analyzed and classified them by available perspectives. This is especially necessary contents in domestic brand study, which is short of concept research about brand. Various literatures are refereed to brand definition introduction. But to etymological definition, several European linguistic theses are deeply reviewed and to institutional definition, wide range of information such as history, law and society is refereed. Total brand definitions are classified in . It is divided into 2 parts which are non-commercial context (etymological and institutional definition) and commercial context (producer, customer and the relation or interaction between producer and customer). In etymological definition, the word origin is clear word 'brandr' which means 'burning wood' and cattle-brand made this 'brand'. In legal definition, legal and institutional meaning of 'trademark' is examined. Etymological definition and institutional definition are fundamental and lexical definition which show brand history. These are foundation stones in brand studies.

A Study on the Influence of Social Risk Perception due to COVID-19 on Cosmetic Purchase Behavior of University Students (코로나19로 인한 사회적 위험지각이 대학생들의 화장품구매 행동에 미치는 영향연구)

  • Hye-Youn Cho
    • Journal of the Korean Applied Science and Technology
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    • v.40 no.4
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    • pp.631-641
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    • 2023
  • This study conducted an empirical analysis through a survey to analyze the effect of social risk perception caused by COVID-19 on college students' cosmetics purchase behavior. Factors were extracted through factor analysis, and Pearson's correlation analysis and multiple regression analysis were used to analyze the correlation of each factor and the impact of variables. To this end, a statistical analysis was conducted using 320 copies of the questionnaire as a sample. Studies have shown that the higher the fear of COVID-19, the higher the fear of infection, changes in life, and awareness of the economic crisis, and the higher the tendency to buy ostentatiously, habitually, and reasonably. The more changes in life, the higher the awareness of the economic crisis, and the higher the trademark habitual purchase and rational purchase behavior. Fear of infection has been shown to affect trademark habitual purchases, and fear of infection and changes in life have been shown to have a significant impact on rational purchase behavior.

Field Application of Active Power Filter (능동전력필터의 현장적용사례 보고)

  • Park, Ki-Won;Kwon, Byeong-Ki;Park, Chang-Joo;Cho, Eung-Sang
    • Proceedings of the KIEE Conference
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    • 2002.07b
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    • pp.1024-1026
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    • 2002
  • The active power filter(APF) is a good solution for elimination of harmonics, which is produced by the nonlinear loads such as static power converter, computer and so on. Our trademark of APF is a POSAPF-series, which was applied to Samsung Electronics corp, in January 2002, and which lines up from 50A to 500A. This equipment reduces total demanded distortion (TDD) by 2${\sim}$3%, which originally 11${\sim}$13%. This paper discusses the harmonic regulation, measurement and analysis, and describes control theories and design methods of POSAPF-series, and, finally, shows the experimental results of a real system.

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Robust Character Image Retrieval Method Using Bipartite Matching (Bipartite Matching을 이용한 강인한 캐릭터 영상 검색 방법)

  • 이상엽;김회율
    • Journal of Broadcast Engineering
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    • v.7 no.2
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    • pp.136-144
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    • 2002
  • In this paper, a novel approach that makes use of both shape and color information to retrieve character images in terms of similarity distance from a large-capacity image database or from a streaming image database, in particular, character image logo or trademark. In order to combine both features of completely different characteristics bipartite matching has been employed in computing similarity distance, The proposed method turned out to bealso very effective in matching natural object or human-drawn images whose shape varies substantially.

The Globalization Era and Counterfeit Goods in Korea (한국의 경쟁조건관점에서 고찰한 글로벌화와 위조상품에 관한 연구)

  • 권순기;황재민;손상기
    • Journal of the Korean Society of Costume
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    • v.52 no.4
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    • pp.87-95
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    • 2002
  • 본 연구의 목적은 한국의 글로벌에 따른 유명상표와 지적재산권의 관계를 살펴보고, 위조상품을 상표권적 측면과 국제통상문제의 시각에서 조망한 후 이에 따른 대응 방안을 제시하고자 한다. 연구방법은 문헌조사와 전문가 인터뷰를 실시하였다. 문헌 조사는 국내외 각종 문헌과 정부 자료 및 관련 법제에 대해 수집, 분석하였으며, 전문가 인터뷰는 관련 업체, 관련 분야 전문가를 중심으로 진행되었다. 연구 결과 첫째, 우리 정부는 공정한 경쟁 조건과 공통의 규칙 아래서 세계 경쟁을 펼치기 위해서 관련법제를 지속적으로 정비하고 둘째, 위조상품 추방을 위해서 제도의 실효성을 확보할 수 있도록 효율적이고, 강력한 법 집행이 선행되어야 하며 셋째. 유명상표와 관련한 타인의 신용에 편승하거나 부적절한 표현 등을 사용해서 품질과 관련하여 소비자를 현혹함으로써 부당한 이득을 얻으려는 상표 질서 문란 행위자를 견제하여 부정경쟁을 예방, 억제하는 방향으로 상표법이 운영되어야 하며 넷째. 시장에서 위조상품의 폐해가 어떠한 결과를 가져오는지 업계 및 일반인들에게 깊이 인식시켜야 하는 것으로 나타났다