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Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

The Historic and Mythical Meaning of the Korean Dynasty Cheoyong-ga(處容歌)'s Unclarified Passages (고려 <처용가> 미석명(未釋明) 구절의 역사·신화적 의미)

  • Park, Il-yong
    • Journal of Korean Classical Literature and Education
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    • no.35
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    • pp.87-122
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    • 2017
  • 1) The passage "Sila seongdae so-seongdae cheonha daepyeong nahu-deog (新羅盛(聖)代 昭盛代 天下大平 羅侯德)" of the Korean Dynasty , corresponds to the primary passage of Cheonyong Rang Manghaesa(처용랑 망해사)>. These passages are ironic expressions of King Heongang's reign. This passage can therefore be interpreted as having the meaning of "People talk about King Heongang who ruined the kingdom. The bright politics of Silla's loyalty is the virtue of King Heongang." 2) "Cheoyong aba isi insaeng-ae sangbuleo hasilandae isi insaeng-ae samjaepalnan-i ilsi somyeol hasyatda (處容 아바 以是人生애 相(常)不語시란 以是人生애 相(常)不語시란 三災八難이 一時消滅샷다)." This was said by Cheoyong(처용), who was unable to reveal his anger while witnessing his wife being raped by Yuk-sin(疫神). This passage means, "Father Cheoyong(처용), in this world if a man does not express anger about the absurdity of the world, he can escape from catastrophe," or, "Father Cheoyong (처용), because in this world you had not expressed anger about the absurdity of world, you could escape from catastrophe." 3) In "maa-man maa-man haniyeo sibi jegug-i moda jiseo syeon aeu cheoyongbi-hal maa-man haniyeo (마아만 마아만 니여 十二諸國이 모다 지 셰온 아으 處容아비 마아만 니여)," the most likely interpretation of Maa is "마아(麻兒)," which means "scarecrow." In this way, this passage emphasizes that Cheyong(처용) is not a scarecrow, but a representative of the eyes of all people in all kingdoms. 4) In "meoja oeyaja logliya ppallina nae singohal maeyara (머자외야자 綠李야 리나 내 신고 야라", meoja (머자) is the double arranging shape of meotda(멎다), and oeyaja(외야자) is the double arranging shape of oeda(외다); those characters mean "ugly" and "wrong for each other." Additionally, Rokri(綠李) can be regarded as an administrator in blue or black clothes who is performing an errand of the yuksin(疫神).

Effects of streambed geomorphology on nitrous oxide flux are influenced by carbon availability (하상 미지형에 따른 N2O 발생량 변화 효과에 대한 탄소 가용성의 영향)

  • Ko, Jongmin;Kim, Youngsun;Ji, Un;Kang, Hojeong
    • Journal of Korea Water Resources Association
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    • v.52 no.11
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    • pp.917-929
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    • 2019
  • Denitrification in streams is of great importance because it is essential for amelioration of water quality and accurate estimation of $N_2O$ budgets. Denitrification is a major biological source or sink of $N_2O$, an important greenhouse gas, which is a multi-step respiratory process that converts nitrate ($NO_3{^-}$) to gaseous forms of nitrogen ($N_2$ or $N_2O$). In aquatic ecosystems, the complex interactions of water flooding condition, substrate supply, hydrodynamic and biogeochemical properties modulate the extent of multi-step reactions required for $N_2O$ flux. Although water flow in streambed and residence time affect reaction output, effects of a complex interaction of hydrodynamic, geomorphology and biogeochemical controls on the magnitude of denitrification in streams are still illusive. In this work, we built a two-dimensional water flow channel and measured $N_2O$ flux from channel sediment with different bed geomorphology by using static closed chambers. Two independent experiments were conducted with identical flume and geomorphology but sediment with differences in dissolved organic carbon (DOC). The experiment flume was a circulation channel through which the effluent flows back, and the size of it was $37m{\times}1.2m{\times}1m$. Five days before the experiment began, urea fertilizer (46% N) was added to sediment with the rate of $0.5kg\;N/m^2$. A sand dune (1 m length and 0.15 m height) was made at the middle of channel to simulate variations in microtopography. In high- DOC experiment, $N_2O$ flux increases in the direction of flow, while the highest flux ($14.6{\pm}8.40{\mu}g\;N_2O-N/m^2\;hr$) was measured in the slope on the back side of the sand dune. followed by decreases afterward. In contrast, low DOC sediment did not show the geomorphological variations. We found that even though topographic variation influenced $N_2O$ flux and chemical properties, this effect is highly constrained by carbon availability.

Grand Circulation Process of Beach Cusp and its Seasonal Variation at the Mang-Bang Beach from the Perspective of Trapped Mode Edge Waves as the Driving Mechanism of Beach Cusp Formation (맹방해안에서 관측되는 Beach Cusp의 일 년에 걸친 대순환 과정과 계절별 특성 - 여러 생성기작 중 포획모드 Edge Waves를 중심으로)

  • Cho, Yong Jun
    • Journal of Korean Society of Coastal and Ocean Engineers
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    • v.31 no.5
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    • pp.265-277
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    • 2019
  • Using the measured data of waves and shore-line, we reviewed the grand circulation process and seasonal variation of beach cusp at the Mang-Bang beach from the perspective of trapped mode Edge waves known as the driving mechanism of beach cusp. In order to track the temporal and spatial variation trends of beach cusp, we quantify the beach cusp in terms of its wave length and amplitude detected by threshold crossing method. In doing so, we also utilize the spectral analysis method and its associated spectral mean sand wave number. From repeated period of convergence and ensuing splitting of sand waves detected from the yearly time series of spectral mean sand wave number of beach cusp, it is shown that the grand circulation process of beach cusp at Mang-Bang beach are occurring twice from 2017. 4. 26 to 2018. 4. 20. For the case of beach area, it increased by $14,142m^2$ during this period, and the shore-line advanced by 18 m at the northen and southern parts of the Mang-Bang beach whereas the shore-line advanced by 2.4 m at the central parts of Mang-Bang beach. It is also worthy of note that the beach area rapidly increased by $30,345m^2$ from 2017.11.26. to 2017.12.22. which can be attributed to the nature of coming waves. During this period, mild swells of long period were prevailing, and their angle of attack were next to zero. These characteristics of waves imply that the main transport mode of sediment would be the cross-shore. Considering the facts that self-healing capacity of natural beaches is realized via the cross-shore sediment once temporarily eroded. it can be easily deduced that the sediment carried by the boundary layer streaming toward the shore under mild swells which normally incident toward the Mang-Bang beach makes the beach area rapidly increase from 2017.11.26. to 2017.12.22.

Method Development for Determination of Chlorogenic Acid and Arbutin Contents in Fruits by UHPLC-MS/MS (UHPLC-MS/MS를 이용한 과일류 중 클로로젠산 및 알부틴 동시분석법 개발)

  • Choi, Young-Ju;Jeon, Jong-Sup;Kim, Woon-Ho;Jung, You-Jung;Ryu, Ji-Eun;Choi, Jong-Chul;Chae, Kyung-Suk;Lee, Jin-Hee;Do, Young-Sook;Park, Young-Bae;Yoon, Mi-Hye
    • Journal of Food Hygiene and Safety
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    • v.34 no.5
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    • pp.413-420
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    • 2019
  • In this study, a sample preparation method and a simultaneous determination method by ultra-high performance liquid chromatography coupled with tandem mass spectrometry for 9 isomers of chlorogenic acid and arbutin in fruits were developed. The samples were extracted using 90% methanol (pH 3.0), with the solutions being shaken and then sonicated for 10 min each. After centrifugation at 4,000 rpm for 10 min, the extraction was concentrated under a vacuum at $40^{\circ}C$ using a vacuum evaporator. The residue was dissolved in 5 mL of 5% methanol and filtered through a $0.45{\mu}m$ membrane before UHPLC-MS/MS analysis. The separations were performed on a C18 column with gradient elution of water (containing 0.1% formic acid) and methanol (containing 0.1% formic acid). The specificity, linearity, limit of detection, limit of quantification, accuracy, and precision of the proposed methods were also evaluated.

Optimization of DME Reforming using Steam Plasma (수증기 플라즈마를 이용한 DME 개질의 최적화 방안 연구)

  • Jung, Kyeongsoo;Chae, U-Ri;Chae, Ho Keun;Chung, Myeong-Sug;Lee, Joo-Yeoun
    • Journal of Korea Society of Industrial Information Systems
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    • v.24 no.5
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    • pp.9-16
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    • 2019
  • In today's global energy market, the importance of green energy is emerging. Hydrogen energy is the future clean energy source and one of the pollution-free energy sources. In particular, the fuel cell method using hydrogen enhances the flexibility of renewable energy and enables energy storage and conversion for a long time. Therefore, it is considered to be a solution that can solve environmental problems caused by the use of fossil resources and energy problems caused by exhaustion of resources simultaneously. The purpose of this study is to efficiently produce hydrogen using plasma, and to study the optimization of DME reforming by checking the reforming reaction and yield according to temperature. The research method uses a 2.45 GHz electromagnetic plasma torch to produce hydrogen by reforming DME(Di Methyl Ether), a clean fuel. Gasification analysis was performed under low temperature conditions ($T3=1100^{\circ}C$), low temperature peroxygen conditions ($T3=1100^{\circ}C$), and high temperature conditions ($T3=1376^{\circ}C$). The low temperature gasification analysis showed that methane is generated due to unstable reforming reaction near $1100^{\circ}C$. The low temperature peroxygen gasification analysis showed less hydrogen but more carbon dioxide than the low temperature gasification analysis. Gasification analysis at high temperature indicated that methane was generated from about $1150^{\circ}C$, but it was not generated above $1200^{\circ}C$. In conclusion, the higher the temperature during the reforming reaction, the higher the proportion of hydrogen, but the higher the proportion of CO. However, it was confirmed that the problem of heat loss and reforming occurred due to the structural problem of the gasifier. In future developments, there is a need to reduce incomplete combustion by improving gasifiers to obtain high yields of hydrogen and to reduce the generation of gases such as carbon monoxide and methane. The optimization plan to produce hydrogen by steam plasma reforming of DME proposed in this study is expected to make a meaningful contribution to producing eco-friendly and renewable energy in the future.

Analysis of Antioxidant Activity and Serotonin Derivatives in Safflower (Carthamus tinctorius L.) Germplasm Collected from Five Countries (국외 수집 홍화 유전자원의 항산화 활성 및 세로토닌 유도체 함량 분석)

  • Jung, Yi Jin;Assefa, Awraris Derbie;Lee, Jae Eun;Lee, Ho Sun;Rhee, Ju Hee;Sung, Jung Sook
    • Korean Journal of Plant Resources
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    • v.32 no.5
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    • pp.423-432
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    • 2019
  • In order to select potential plant resources as functional materials and natural antioxidants, we evaluated antioxidant activity and serotonin derivatives of safflower germplasm collected from five countries. N-(p-Coumaroyl) serotonin (CS) and N-feruloylserotonin (FS) were analyzed by using Ultra Performance Liquid Chromatography (UPLC). Total polyphenol content (TPC) was determined by Folin-Ciocalteu method and antioxidant activities were estimated by 2,2-diphenyl-1-picryl-hydrazil (DPPH), 2,2'-azino-bis(3-ethylbenzothiazoline-6-sulphonic acid) diammonium salt (ABTS), Ferric reducing antioxidant power (FRAP) and Reducing power (RP) assays. The TPC showed a range of 28.25 to $90.53{\mu}g$ gallic acid equivalent (GAE)/mg dried extract (DE). DPPH, ABTS, FRAP and RP assay were in the range of 18.76 to 93.98, 48.91 to 163.73, 3.80 to 132.29 and 26.32 to $80.08{\mu}g$ ascorbic acid equivalent (ASCE)/mg DE, respectively. Among the five countries, safflower seed collected from Iran had the highest levels of serotonin derivatives and antioxidant activities than other countries (p<0.05). CS showed high correlation with TPC, ABTS and DPPH (r=0.673,0.727,0.820), and FS showed high correlation with DPPH (r=0.740). Accessions IT321214 and IT321215 could be useful for development of new functional materials and could be used as a source of valuable natural antioxidant materials.

Anti-inflammatory Activity of Antimicrobial Peptide Protaetiamycine 2 Derived from the Protaetia brevitarsis seulensis (흰점박이꽃무지 유래 항균 펩타이드 프로테티아마이신 2의 항염증활성)

  • Lee, Joon Ha;Baek, Minhee;Lee, Hwa Jeong;Kim, In-Woo;Kim, Sun Young;Seo, Minchul;Kim, Mi-Ae;Kim, Seong Hyun;Hwang, Jae Sam
    • Journal of Life Science
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    • v.29 no.11
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    • pp.1218-1226
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    • 2019
  • The white-spotted flower chafer Protaetia brevitarsis seulensis is a medicinally beneficial and important edible insect species. We previously performed an in silico analysis of the Protaetia brevitarsis seulensis transcriptome to identify putative antimicrobial peptides and then tested their antimicrobial and hemolytic activities. These peptides had potent antimicrobial activities against bacteria and yeast without inducing hemolysis. In the present study, the cationic antimicrobial peptide, protaetiamycine 2, was selected for further assessment of its anti-inflammatory properties in mouse macrophage Raw264.7 cells. Protaetiamycine 2 treatment of Raw264.7 cells suppressed LPS-induced nitric oxide production and reduced the expression of inducible nitric oxide synthase and cyclooxygenase-2, as determined by real-time PCR and western blotting. The expression of proinflammatory cytokines ($TNF-{\alpha}$, IL-6, and $IL-1{\beta}$) was also attenuated through the MAPKs and $NF-{\kappa}B$ signaling. We also confirmed that protaetiamycine 2 bound to bacterial cell membranes by a specific interaction with LPS. Collectively, these data obtained from LPS-induced Raw264.7 cells indicated that protaetiamycine 2 could have both antimicrobial and anti-inflammatory properties.

Effect of Supplying Volume and Frequency of Nutrient Solution on Growth and Fruit Quality of Blueberry (블루베리 양액재배시 공급량 및 공급횟수가 수체생육 및 과실품질에 미치는 영향)

  • Cheon, Mi Geon;Lee, Young Suk;Chung, Yong Mo;Kim, Hee Dae;Hong, Kwang Pyo;Kumarihami, H.M. Prathibhani C.;Kim, Jin Gook
    • Journal of Bio-Environment Control
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    • v.28 no.4
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    • pp.447-453
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    • 2019
  • In this study, the effect of supplying volume and frequency of a nutrient solution consisted with $NO_3-N$ 4.6, $NH_4-N$ 3.4, $PO_4-P$ 3, K 3, Ca 4.6 and Mg $2.2mmol{\cdot}L^{-1}$ on growth and fruit quality of 'Duke' blueberry was investigated. Three years old 'Duke' blueberry bushes cultivated in containers ($60{\times}80{\times}40cm$) filled with 130L peat moss and 40L pearlite (v/v) were selected for the experiment. The growth containers were mulched with sawdust. Two different volumes (4L and 8L) of nutrient solution was tested at three different supplying frequencies (one time, two times, and three times) per week and the drainage quality of nutrient solution and fruit quality of 'Duke' blueberry was evaluated. The optimal drainage rate for the vegetable cultivation is known to be 20-30%. The results revealed that the average drainage rates of 27% and 29% for the nutrient solution supplied in 'Duke' blueberry growth medium at 4L, 2 times/7 days and 4L, 3 times/7days, respectively. The highest shoot diameter (4.2mm) and shoot length (31cm) of 'Duke' blueberry was recorded with the 8L of nutrient solution supplied at 3 times per 7 days. According to the analysis of inorganic components in the drainage of nutrient solution, there was a tendency of absorbing nitrogen at the early stage of growth. The supplying volume and frequency of nutrient solution was not significantly affected on 'Duke' blueberry fruit weight, soluble solids content, and titratable acidity. The highest yield per bush (2.7kg) was recorded for the nutrient solution supplied with 4L at three times per 7 days, while the 4L nutrient solution supplied at one time per 7 days resulted the lowest yield of 1.4kg per bush. Consequently, the tested nutrient solution can be applied for the 'Duke' blueberry bushes with the volume of 4L at three times per week for the better crop growth.

Growth and Quality of Two Melon Cultivars in Hydroponics Affected by Mixing Ratio of Coir Substrate and Different Irrigation Amount on Spring Season (멜론 봄 재배 시 코이어 배지경에서 배지 혼합 비율과 급액량에 따른 생육 및 품질)

  • Choi, Su hyun;Lim, Mi Yeong;Choi, Gyeong Lee;Kim, So Hui;Jeong, Ho Jeong
    • Journal of Bio-Environment Control
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    • v.28 no.4
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    • pp.376-387
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    • 2019
  • Melons are mostly grown in soil, but it is susceptible to damage due to injury by continuous cropping such as Fusarium wilt and root rot. Hydroponic cultivation system can overcome the disadvantages of soil cultivation with precise nutrition management and a clean environment. When using the coir substrate, the most environmentally friendly organic substrate used for hydroponics, it is analyzed how the growth and fruit quality of the melon depends on the ratio of chips and dust and the amount of irrigation. The purpose of this study was to provide the basic data of melon hydroponics when cultivated in spring. The two types of the coir substrates used in the experiments were chip and dust ratios of 3 :7 and 5 : 5 respectively. The substrate with high dust ratios had excellent physical characteristics, such as container capacity and total porosity, and the drainage EC level showed a high value of $3.0-6.8dS{\cdot}m^{-1}$. When the amount of irrigation is provided based on the drainage rate, the group provided the nutrient solution on the basis of 10% drainage supplied 91 L per plant, which was reduced by about 30% compared to the group with the highest water supply. In addition, the total drainage showed less than 10 L per plant with a minimum water supply and was reduced by 30 - 70% in substrate with a high dust rates. In substrate with high water supply and high dust ratio, leaf growth and fruit enlargement were good, and the soluble solids content varies greatly from cultivar to cultivar. If you provided the amount of irrigation based on 10% drainage rate, the fruit weight will be decreased, but the amount of irrigation can be reduced. Therefore, it is considered that managing the water & nutrient properly taking into account the characteristics of coir substrate and cultivar can produce melon of uniform quality using hydroponics.