• 발명특허
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• v.17 no.2 s.192
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• pp.30-33
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• 1992

대법원은 지난 연말 특허청의 항고심결에 불복하는 자가 대법원에 상고할 수 있도록 규정한 특허법 제186조 제1항이 헌법 제101조 제1항 및 제27조 제1항에 위배된다는 주장에 대하여 이를 헌법 재판소에서 심판하여 달라는 취지의 위헌제청 결정을 내렸다. 위헌제청 신천인의 주장을 보면, 행정부인 특허청 항고심판소에서 특허심판을 수행하고 있는 것은 법관에 의한 재판 받을 권리를 규정한 헌법에 배치되며, 도한 사실심에 관해 항고심판이 최종심이 되므로 사법권은

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.14 no.5
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• pp.27-33
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• 2014

As UCI (Universal Content Identifier) identification system becomes a national standard for content distribution, many digital contents are distributed through UCI identification system. However, problems associated with copyright infringement and copyright contracts occur due to lack of copyright information. ICN (Integrated Copyright Number), a code system developed for copyright management, includes copyright-related information for the purposes of usage settlement and accounting, illegal usage monitoring, and content filtering. ICN, however, has no information about distribution and content properties. Therefore, the linkage and integration between UCI and ICN can be a basis for the transparent and effective distribution of digital contents. In this paper, we propose a model for linking and integrating UCI and ICN, developing the efficiency in the value chain of each identified system by analyzing political factors and key technical elements between the two identification systems.

• Journal of the Korea Convergence Society
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• v.9 no.4
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• pp.31-45
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• 2018

Recent dramatical development of computer technology related to internet technology intensifies the dispute over software of computer or smart device. Research on software has been flourished with political issuing of fierce competition among nations for software development. Particularly industrial growth in ethernet based big data and IoT (Internet of Things) has promoted to build and develop open source programs based on java, xcode and C. On these circumstances, issue on software piracy has been confronted despite the basic security policy protecting intellectual property rights of software and thus it is of substantial importance to protect the rights of originality of source program license. However, the other issue on source technology protection of developer is the possibility of hindrance to advancement in industry and culture by developing programs. This study discuss the way of enhancing legal stability of IoT application program development and reinforcing precision in inspection of program plagiarism by analyzing the source programs with newly introducing text mining technique, thus suggests an alternative protective way of infringement of personal information due to duplicating program.

• Journal of the Korean Society for information Management
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• v.29 no.3
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• pp.187-214
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• 2012

Libraries are founded to ensure the intellectual freedom of citizens, and citizens have the right to confidentiality regarding their needs, information access, and information use. Protecting users' privacy is critical to safeguarding their freedom of speech, freedom of thought, and freedom of assembly. Libraries and librarians should seriously concern themselves with their users' privacy because protecting this privacy is part of their most important mission, and, in doing so, users can truly enjoy their intellectual freedom. This study extensively investigated and analyzed the possibility of privacy invasion that may occur in libraries. As a result, cases of potential invasion of privacy in libraries were summarized in the following three categories: violations occurring in the process of national or law agencies' enforcement operations; violations occurring in the process of routine library services such as circulation, reference, online searching etc.; and violations occurring by outsourcing library services.

• Journal of Korea Technology Innovation Society
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• v.20 no.1
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• pp.127-152
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• 2017

China's utility model as a supplement to the invention patent, has short application duration, fast authorized speed, and has the same exclusive rights with patents, so companies can quickly dominate the market. But the utility model does not need to carry out substantive examination, so has lower stability, high frequency of invalid to accepted, so compare with the invention patent, difficult to be protected. In order to actively encourage the small and medium-sized enterprises to promote their inventions, and protect domestic patents, China established a protection policy of patent evaluation report for the utility model rights, especially the patent evaluation report can be used as evidence in a patent infringement trial, to provide judicial remedies for utility model patentee and the party of patent disputes. Many experts believe that the establishment of patent evaluation report system can improve the stability of the utility model patent right, and when the defendant request for invalidation of the patent right in the defense period, if there is no novelty, creativity lost or no other reason has not led to the stability of patent right given in a patent evaluation report of the utility model patents, the court may not suspend the trial, without having to wait for the Patent Reexamination Board makes the patent invalid declaration decisions, can improve the efficiency of the judicial process, accelerate the patentee's time. However, in practical patent infringement, the patent evaluation report system and invalidation system are in conflict. In this paper, through the analysis of the current China utility model system and compared with the South Korean utility model system, review the role and character of the patent evaluation report system, and through the actual cases of the utility model patent infringement litigation, analysis possible variates from the decision of patent evaluation report, to find out the reason of the patent evaluation report system being in conflict with the invalidation system, and research on the effectiveness for protecting Utility Model with China's Patent Evaluation Report.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.4 no.2
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• pp.71-75
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• 2003

The distribution model of multimedia content is proposed, This solves the problems which are occurred by various multimedia content and the complex distribution structure. The online distribution processes in wireless environments contain many different, companent from the of offline and wire networks. The multimedia content can be very easily propagated illegally. Under these environments the seneme to protect the copyrights of multimedia content and rights of distribution entities is needed. In this paper a distribution framework of content in wireless environment based on MPFG-21 framework if proposed. This model can be adapted to DRM(digital rights management) and utilized to protect the rights of distribution entities.

• Proceedings of the Korea Contents Association Conference
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• 2005.11a
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• pp.627-632
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• 2005

The online distribution systems under the wireless environment include many different factors from the conventional offline and wired networks. Furthermore, the multimedia content may be propagated more easily and illegally. The scheme to protect the rights and profits of people related to the copyrights of digital content Is needed. In this paper a framework for content distribution under the wireless environment based on MPEG-21 and UCI application process are proposed. This model can be applied to the digital rights management system and utilized to protect the rights of trading entities in online distribution of electronic commerce.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.5 no.4
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• pp.298-302
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• 2004

An electronic commerce model is proposed which distributes digital content in mobile environment. This model resolves the problems caused by various digital content and complex distribution structure. The online distribution systems under the wireless environment include many different factors from the conventional offline and wired networks. Furthermore, the multimedia content may be propagated more easily and illegally. The scheme to protect the rights and profits of people related to the copyrights of digital content is needed. In this paper a framework for electronic commerce of content distribution under the wireless environment based on MPEG-21 is proposed. This model can be applied to the digital rights management system and utilized to protect the rights of trading entities in online distribution of electronic commerce.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.22 no.2
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• pp.317-326
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• 2012

Internet service provider is able to collect personal information to prevent the violations of the rights of service providers and customers using internet. But there are still many debates going on between a personal privacy and a regulation. Proxy servers are used in various technical purposes include bypass access. Although the proxy server users are increasing but there are not any proper institutional mechanisms and regulations to protect users. In this study, we discuss the two sides of a proxy service includes its privacy protection function and the cyber-crime threat and propose supplementary measures to mediate between the interests of public and private.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.20 no.6
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• pp.271-288
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• 2010

In this paper, we study the dysfunctions of cryptography as dual-use goods and national domestic encryption control policies like key recovery system and decryption order. And we examine risks of the breach of the peoples' constitutional rights like the right to privacy in these policies and analyze these policies by applying the principle of the ban on the over-restriction. Finally, we propose the direction and requirements of our national domestic encryption control policy that maintains the balance of peoples' constitutional rights and investigatory powers.