• Title/Summary/Keyword: trademark rights

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Bad Faith Intent in Internet Address Resources Act (인터넷주소자원에 관한 법률 제12조에 규정된 부정한 목적의 해석 : 대법원 2013. 4. 26. 선고 2011다64836 판결을 중심으로)

  • Park, Young-Gyu
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.129-148
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    • 2014
  • Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet "cybersquatting", a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, (1) the trademark or other intellectual property rights of the person, if any, in the domain name, (2) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, (3) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, (4) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name, (5) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, (6) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct.

Contents Development of Web Services for Artificial Intelligence-based Stock Photos (인공지능 기반의 스톡사진 웹 서비스 콘텐츠 개발)

  • Lee, Ah Lim;Lim, Chan
    • The Journal of the Korea Contents Association
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    • v.19 no.2
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    • pp.1-10
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    • 2019
  • The present research aims to identify the issues that occurred when uploading stock photos to the internet-based stock image agencies and to develop technical solutions based on web service technologies. We identify the issues by examination of previous studies and stock photo uploading systems of major three agencies currently in service. As such, we develop web service technology by focusing on the following matters. First, we apply an automatic tag system to ensure convenience. Second, to ensure safety, we apply a technology that easily enables prevention of portrait rights violations and trademark infringements. We also prepare for measures against possible harmfulness. Third, to ensure completeness, we apply a method which resolves upload failure issues that frequently occurred in the past. In particular, the present research is significant as it applies an automatic image analysis system based on Google Cloud Vision API as the artificial intelligence-based image processing technology. In addition, we develop a web service program which improves user access by using SNS-type screen composition.

The Anticommons: BRCA Gene Patenting Controversy in the United States (유전자와 생명의 사유화, 그리고 반공유재의 비극: 미국의 BRCA 인간유전자 특허 논쟁)

  • Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.12 no.1
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    • pp.1-43
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    • 2012
  • This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

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Expanded Uses and Trend of Domestic and International Research of Rose of Sharon(Hibiscus syriacus L.) as Korean National Flower since the Protection of New Plant Variety (식물신품종보호제도 이후 나라꽃 무궁화의 국내외 연구동향 및 확대 이용 방안)

  • Kang, Ho Chul;Kim, Dong Yeob;Wang, Yae Ga;Ha, Yoo Mi
    • 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.

Framework for Technology Valuation of Early Stage Technologies (초기단계 기술의 가치평가 방법론 적용 프레임워크)

  • Park, Hyun-Woo;Lee, Jong-Taik
    • Journal of Korea Technology Innovation Society
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    • v.15 no.2
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    • pp.242-261
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    • 2012
  • Early stages of technology valuation have been often overlooked or under-represented. The early stage technologies are even riskier due to their inadequacy of commercial development and market applicability. More than 95% of patents fail to earn any revenues so that the majority of patents were valueless. Technology transfers from laboratories at universities and research institutes to industrial firms have increased to acquire value from invented technologies. Technology transfer, a process of transferring discoveries and innovations resulted from research to commercial sectors, typically comprises several steps: disclosing the discoveries and innovations, i.e., intellectual property (IP), evaluating the IP's economic prospects, securing a patent, copyright or trademark for the IP, commercializing the technology through licensing, forming a joint venture, or selling. At each of those stages in the research and development of technology, the value of technology would play a very important role of making decision on the movement toward the next step, however, the financial value of technology is not easy to determine due to a great amount of uncertainty in the course of research and development, and commercialization. This paper refers to technology embodied as devices, equipment, software or processes primarily developed at public research institutions such as universities. Sometimes it is also as the result of externally financed projects contracted with industry. Nearly always technology developed at public research entities results in laboratory prototypes. When it is required to define the technology transfer contract terms for the license of the university patrimonial rights to external funding companies or other interested parties, a question arises: what is the monetary value? In this paper, we present a method for technology valuation based on the identification of specific value points related to its development. The final technology value must be within previously defined value limits. This paper consists of the review of issues related to technology transfer and commercialization, the identification of characteristics of technologies in the early stage of technology development, the formulation of framework of methods to value the early stage technologies, and the conclusion and implication of the previous review.

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