• Title/Summary/Keyword: 상표법

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Trademark Protection In The Fashion Industry with ICT Issues (패션산업의 상표권 보호 및 ICT 쟁점 - Louboutin 사건, Levi 사건에 대한 분석을 중심으로 -)

  • Lee, Jae-Kyoung
    • Journal of Legislation Research
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    • no.44
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    • pp.185-209
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    • 2013
  • With the broader range of information and communications technology, of which fashion is a foundational medium, to analyze fashion as an information technology in order to better understand the industry's desire for intellectual property protection, popular resistance to such protection, and the most efficacious balance between them in terms of creative expression. It is, therefore to be focused on cultural and historical reasons for the limited degree of intellectual property protection extended in the past to certain categories of human creativity, including fashion design. So, the question of why some tension still exists between creators and consumers of fashion, how information theory can contribute to an explanation for that tension, and what role law can play in its resolution with Louboutin case and Levi case. Consumers and designers alike are better served by promotion of fair competition, lower litigation costs, and the inventive synergy of the fashion industry. Louboutin shows the comfortable, respectful limits of trademark law, while Levi illustrates the dangerous, overreaching deference that a few circuits have granted to famous marks. The Supreme Court could clarify the standard for dilution claims, requiring that a junior mark be "identical or nearly identical" or even "significantly similar" to a senior mark. Courts should need a deference in making dilution determinations and can choose to make this factor quite subjective with the highest degree of similarity.

A Study on Integrated Anti-counterfeiting Strategy to stop the forgery for Korean cosmetics in China (중국에서 한국 화장품의 위조근절을 위한 통합적 위조방지 전략 연구)

  • Koh, Joong Hyun
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.81-112
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    • 2016
  • About 60 percent of cosmetic products sold in the dominant Taobao internet shopping mall proved recently to be counterfeit products made in China. This paper is to investigate the anti-counterfeiting strategies to clean up fake goods for Korean cosmetics which have been exported to China. Using the scienter rule the paper classified the forgery action for Korean cosmetics into four broad groups - counterfeit, piracy, illegally distributed product, and brand prior register. This paper suggested interior company's anti-counterfeiting strategies for each group, focusing on the construction for an integrated anti-counterfeiting system including consumer's rationality through the government cooperation between Korea and China.

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A Study on the Chinese Parallel Import System: Focused on Law Cases in China (중국 병행수입제도의 법적 문제에 관한 연구: 중국 판례를 중심으로)

  • Zhou, Ling-Ke;Park, Kwang-So
    • Korea Trade Review
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    • v.41 no.1
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    • pp.21-39
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    • 2016
  • The problems of parallel import in China have been becoming hot issues day by day, because the brand name goods' price in China is much higher than in other developed countries. This study researched the parallel import's basic theories and law cases, and analyzed the legal matters of Chinese parallel import system. First of all, China hasn't any law on parallel import so far. So the court judges determined the law cases based on 「patent law」, 「trademark law」 or 「anti-unfair competition law」. Therefore even in the same case, there might be different decisions according to judges or applied laws. This study handled three different law cases on the parallel import. We found some problems of Chinese parallel import system, so our conclusion is that to solve those kinds of problems, China should legislate the new parallel import law as soon as possible.

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A Study on the Relationship between Branding and Business Strategies of Korean Start-ups (한국 벤처창업기업의 상표와 비즈니스 전략간 연관성 분석)

  • Hyukjoon Kim;Yoo-Jin Han
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.19 no.2
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    • pp.27-43
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    • 2024
  • Recently, the importance of trademarks as a core resource of corporate competitiveness to protect and differentiate products and services is increasing. Global companies are focusing hard to secure trademark rights to manage brands that reflect their core values and to respond to increasingly frequent trademark disputes, while start-ups and individuals are working hard to secure trademark to run stable businesses and attract investment funds. Meanwhile, this study conducts an empirical analysis to identify the relationship between the brand and business strategy of domestic venture startups. The analysis data used was the response data of 2,230 corporate companies from the 2021 Venture Business Precision Survey, and the propensity score matching method, structural equation model analysis, and binomial logit analysis were used as analysis methods. As a result of the analysis, it was confirmed that domestic venture startups' trademark ownership does not make a significant difference in terms of the level of business strategy. This was confirmed to be because the brands of domestic venture start-ups mainly advance their business strategies only through the internal competency process, while the advancement of business strategies through the external competency process is very minimal. Meanwhile, it was confirmed that the level of cost advantage strategy among the business strategy levels of venture start-ups strengthens the tendency to hold trademarks, indicating that the higher the completeness of the cost advantage level, the more likely it is to expand trademark ownership for stable sales and supply of products and services through trademark ownership and to convert to high value-added in the future.

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