• Title/Summary/Keyword: 로마 I

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The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.487-538
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    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

Pharmacomkinetics of Roxithromycin after Intravenous Administration in Broilers (록시스로마이신의 정맥주사 후 육계에서의 약물동태학적 분석)

  • Lim Jong-Hwan;Park Byung-Kwon;Kim Myoung-Seok;Hwang Youn-Hwan;Yun Hyo-In
    • Journal of Veterinary Clinics
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    • v.23 no.2
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    • pp.87-90
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    • 2006
  • The aim of the present study was to investigate the disposition pharmacokinetics of roxithromycin in broilers. Roxithromycin was administered at a single dose of 20 mg/kg body weight by intravenous (i.v.) routes. Plasma concentrations of roxithromycin were determined by liquid chromatography/mass spectrometry. After a single i.v. dose plasma concentrations were best fitted to a two-compartment open model. The values of the pharmacokinetic parameters after i.v. administration were: elimination half-life = $5.83{\pm}1.79h$, mean residence time = $6.33{\pm}0.32h$, total body clearance = $0.55{\pm}0.15L/h/kg$, and volume of distribution at steady state = $3.47{\pm}0.84L/kg$. The pharmacokinetic interpretation of roxithromycin after i.v. administration revealed that the drug was well distributed throughout the body in broilers and slowly eliminated. More studies for the application of roxithromycin against poultry disease are needed to establish a suitable pharmaceutical formulation, propose optimum dosage regimens, investigate clinical efficacy and study the tolerability of repeated doses.

Analysis of Genotype and Phenotype of Erythromycin Resistance in Enterococci spp. Isolated from Raw Milk Samples (원유시료에서 분리한 장구균의 에리스로마이신 내성 유전자형 및 표현형 분석)

  • Lee, Hye-In;Jung, Jae-Hyuk;Lee, Sang-Jin;Choi, Sung-Sook
    • Korean Journal of Microbiology
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    • v.46 no.2
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    • pp.148-151
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    • 2010
  • The aim of this study was to investigate the erythromycin resistance patterns of Enterococci sp. present in cow milk. A total 110 erythromycin resistant Enterococci were isolated from milk samples; E. faecalis (n=101), E. avium (n=7), and E. durans (n=2). The minimum inhibitory concentration of erythromycin against 110 Enterococci were determined. The 66.3% of Entercocci (n=73) showed high level resistance (${\geq}64$ mg/ml). Among 110 isolates, 86.3% (n=95) showed $cMLS_B$ phenotype and 13.6% (n=15) showed $iMLS_B$ The aim of this study was to investigate the erythromycin resistance patterns of Enterococci sp. present in cow milk. A total 110 erythromycin resistant Enterococci were isolated from milk samples; E. faecalis (n=101), E. avium (n=7), and E. durans (n=2). The minimum inhibitory concentration of erythromycin against 110 Enterococci were determined. The 66.3% of Entercocci (n=73) showed high level resistance (${\geq}64$ mg/ml). Among 110 isolates, 86.3% (n=95) showed $cMLS_B$ phenotype and 13.6% (n=15) showed $iMLS_B$ phenotype. All of isolates have erm(B) determinant, 75.45% (n=83) have mef(A) an efflux system determinant. The majority of Enetrcococci isolated from raw milk samples in northern area of Gyeonggi-Do showed high level of resistance to erythromycin.

Ecophysiology of Photosynthesis 1: Effects of Light Intensity and Intercellular $CO_2$ Pressure on Photosynthesis (광합성의 생리생태(1) - 광도와 엽육내 $CO_2$분압 변화에 대한 광합성 반응 -)

  • 김판기;이은주
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.3 no.2
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    • pp.126-133
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    • 2001
  • 녹색식물과 같이 독립영양생물이 빛에너지를 이용하여 $CO_2$와 물로 탄수화물을 만드는 일련의 반응을 광합성이라 한다. 그 일련의 반응 중에서(그림 1) 반응 I과 II는 틸라코이드(thylakoid)에서, 반응 III은 스트로마(stroma)에서, 반응 IV는 엽록체내와 세포질에서 일어나는 반응의 상호작용에 의하여 나타난다. 과거에는 반응 I과 II를 명반응, 반응 III과 IV를 암반응이라 부르기도 하였다.(중략)

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Information Literacy Instructions in the Context of IB Extended Essay: Focusing on the application of I-LEARN Model (IB 확장 에세이 맥락에서의 정보활용교육 - I-LEARN 모형 적용을 중심으로 -)

  • Chung, Jin Soo
    • Journal of the Korean Society for Library and Information Science
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    • v.56 no.1
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    • pp.201-220
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    • 2022
  • This study suggests a theoretical model of information literacy instructions in the context of the Extended Essay included in IB(International Baccalaureate) Diploma Program Core. The study particularly analyzed I-LEARN model as a model to teach and learn with information for inquiry-based learning since the model was developed for the purpose of learning with information. Some school districts in Korea adapted IB programs to address the need for better education. Findings indicate the followings. First, students can achieve deep understanding by applying a model of information literacy instructions that provides scaffolding. Second, the expected roles of school librarians in information literacy instructions for Extended Essay are process specialists, teachers, and instructional partners. Third, I-LEARN model is appropriate as a framework to teach information literacy skills for inquiry needed for Extended Essay. Fourth, I-LEARN assessment rubric is useful in assessing the process and outcomes of students' information seeking and use. Implications include that school librarians should develop themselves as experts in information literacy instructions for inquiry-based learning such as Extended Essay, and that Korean schools recognize the crucial role of school librarians in teaching information literacy skills for inquiry-based learinng.

Applicability of Overriding Mandatory Rules in International Arbitration (국제중재에서 국제적 강행법규의 적용가능성)

  • Chung, Hong-Sik
    • Journal of Arbitration Studies
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    • v.23 no.4
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    • pp.3-27
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    • 2013
  • Overriding Mandatory rules are laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations. This article examines their role and applicability in international arbitration. The overriding mandatory rules pose a complex and continuing problem for arbitrators because they put the interests of states and parties in direct competition. When a law says that arbitrators must apply it, yet the parties' contract excludes it, what should the arbitrators do? Where should their allegiance lie? The answer depends on the underlying nature of arbitration - and since that can be legitimately conceptualized in different ways, a principled approach to overriding mandatory rules seems to be impossible to provide. Nevertheless, a practical solution is required, because there were European cases in which courts voided valid arbitration agreements made, reasoning that arbitrators certainly would not apply and/or take into account its overriding mandatory rules of indemnity right granted to commercial agent and distributor in Europe. Therefore, this paper first examines status of overriding mandatory rules of another law in international litigation and then explores any possibility of application of overriding mandatory rules of another law in international commercial arbitration. With this analysis, the author reaches into a conclusion that the arbitrator should and/or take into account overriding mandatory rules of another law, yet should limit to them of the country where characteristic performance is made under the contract.

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The Facade Decoration of Julio Romano's House in Mantua: Ideas on Painting Expressed through Mercury (줄리오 로마노의 만토바 저택: 메르쿠리우스로 표현된 화가의식)

  • Lee, Hansoon
    • The Journal of Art Theory & Practice
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    • no.14
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    • pp.159-186
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    • 2012
  • Julio Romano decorated the facade of his house in Mantua with a statue of Mercury to give expressions to his ideas on painting. Hereby the painter from Rome could show his home to the world as that of a painter. To be concrete, Mercury was the planet god to which visual artists belonged, and so was basically related to visual arts. In his role to deliver diverse features of art works Mercury could also convey concepts and emotions expressed in a picture to the viewer. The power of a painting to arouse certain emotions or move the mind of the viewer was further connected to the role of Mercury as the guide of the human soul. This function again related the Roman god to the characteristic of a portrait to present absent persons to the viewer. Above the statue of Mercury, a Lucian head of the god is seen, so that they together form the central axis of the facade. This seems to emphasize that the theme of the facade decoration was the powerful persuasive forces of eloquence. The two masks on the left could then refer to sources of eloquence, I.e. various beautiful expressions of a language and its generative process. On the other hand, the masks on the right could represent consequences of eloquence, for instance, prudence, evil effects which come about to imprudent listeners, and other influences on listeners. Finally, it would be useful to remind us of a line from On Architecture by Leon Battista Alberti. According to the humanist architect parts of a building which are seen from the outside, like a facade, should be appropriately designed, since the decoration of a house could play a significant role to enhance the fame and honor of the family and its fatherland. This theory of Alberti could have provided the foundation to the facade decoration of the Casa Pippi which proudly presented the profession of painting to the public in visual form.

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Some Consideration on the Study of ICAO for the Rome Convention Amendment and the Necessity of Domestic Legislation (로마조약의 개정과 국내입법의 필요성에 관한 소고)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.3-32
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    • 2008
  • In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

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A Study on the Content of General Compounds, Amino Acid, Vitamins, Catechins, Alkaloids in Green, Oolong and Black Tea (녹차, 우롱차 및 홍차의 일반성분, 아미노산, 비타민류, 카테킨류 및 알카로이드류의 성분분석에 관한 연구)

  • 이영자;안명수;홍기형
    • Journal of Food Hygiene and Safety
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    • v.13 no.4
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    • pp.377-382
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    • 1998
  • This study was carried out to measure the contents of moisture, crude ash, crude fat, total amino acid, with amino acid composition, vitamin C, ${\beta}-carotene$, vitamin E, total catechins, EGCG, EGC, ECG, EC, GA, caffeine, theobromine and theophylline of the green tea I, II, III, oolong, and black tea. The content of crude fat of green tea I, II, III, oolong, and black teas was 1.1, 2.5, 4.9, 0.8 and 1.2% respectively, total amino acid content was 0.87, 0.78, 0.60, 0.63 and 1.05% respectively, and theanine content was 0.52, 0.48, 0.31, 0.41 and 0.61%, respectively. Total amino acid content of green tea increased in the order of green tea I> green tea II> green tea III, and among the teas, the content of theanine was the highest in the amino acids present. The content of vitamin C of green teal, II, III, oolong, and black tea was 101.6, 87.5, 95.9, 99.1 and 108.0 mg%, respectively, ${\beta}-carotene$ content was 270, 268, 481, 80 and 181 ppm, respectively. Among the ${\alpha}-,\;{\beta}-,\;{\gamma}-\;and\;{\delta}-tocopherol$, the content of ${\alpha}-tocopherol$ was the highest in vitamin E present, and ${\beta}-\;and\;{\delta}-tocopherol$ were not detected in the samples of green teal, II, III, oolong, and black teas. The total catechins of green teal, II, III, oolong, and black teas was 10.5, 10.4, 7.2, 8.4 and 1.8% respectively, and among them, EGCG content was the highest. The content of EGC increased in the order of green tea I > green tea III > green tea II > oolong tea> black tea. The contents EGCG and ECG increased in the order of oolong tea> green tea I > green tea II> green tea III> black tea, and the highest contents of EGCG and ECG were observed in the samples of oolong tea. The content of GA was 0.01, 0.02, 0.05, 0.13 and 0.31%, respectively, and the highest contents of GA, caffeine and theobromine were observed in the sample of black tea. The highest content of theophylline, however, was observed in the sample of green tea I.

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Aircraft Crime and the Damage Relief (항공 범죄와 그 피해구제)

  • Kim, Sun-Ihee;Ahn, Jin-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.3-35
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    • 2009
  • A concept of Aircraft crime includes an Air range, unlawful seizure of aircraft and unlawful acts against the safety of civil aviation. There are international treaties and conventions which have mainly been enacted by ICAO. The following treaties and conventions are categorical and unconditional norms that any States are clearly condemned. Convention on Offences and Certain other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, Convention for the suppression of unlawful acts against the safety of civil aviation, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Convention on the Marking of Plastic Explosives for the Purpose of Detection In this essay, I present the meaning of the aircraft crime mentioned on the treaties above and jurisdiction of the crime. Moreover, I explain how to demand reparation for damages onboard or on the surface when an aircraft crime is occurred. Lastly, I indicate legal bases of how to protect the victims of the aircraft crime by mentioning specific cases relating to the crime.

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