• Title/Summary/Keyword: Applicant

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A Study on the Trademark Registration and Nullity in China - Focused on 'Michael Jordan' Case - (중국 상표법상 등록과 무효에 관한 연구 - '마이클 조단' 행정판결을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.699-720
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    • 2016
  • In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

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Case Studies on Application of Injunction to the stand-by Credit Transactions (보증신용장거래에세 지급금지명령의 적용에 관한 분쟁사례연구)

  • Kang Won-Jin;Lee Sang-Hun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.29-60
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    • 2004
  • Recently stand-by credits are using as surety devices in various global business transactions including sale of goods. Stand-by credits have lots of merits but simultaneously have high possibility of improper demand by the beneficiary due to the characteristics of the documents required. So so-called fraud rule has developed as a solution to the improper demand in letter of credit transactions. And the actual way of the fraud rule is the injunction by the competent court. The purpose of this article is to examine the applicability of the injunction in stand-by credit transactions by means of case studies. For this purpose, the author examined the concept of the injunction, necessity of the injunction in stand-by credit transactions and the cases of injunction granted and injunction denied. Firstly, the courts have legal standard of the application of injunction due to the legislation of the relative articles in the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and the Uniform Commercial Code. Secondly, the courts have taken a negative attitude granting injunction in order to observe the independence principle. Thirdly, the courts have a tendency to grant injunction when the demand has no conceivable basis and the applicant will suffer irreparable injury without injunction. Finally, like the saying 'prevention is the best cure', the applicant always pays attention with reasonable care before improper demand by the beneficiary.

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Development of Standard Process for Private Information Protection of Medical Imaging Issuance (개인정보 보호를 위한 의료영상 발급 표준 업무절차 개발연구)

  • Park, Bum-Jin;Yoo, Beong-Gyu;Lee, Jong-Seok;Jeong, Jae-Ho;Son, Gi-Gyeong;Kang, Hee-Doo
    • Journal of radiological science and technology
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    • v.32 no.3
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    • pp.335-341
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    • 2009
  • Purpose : The medical imaging issuance is changed from conventional film method to Digital Compact Disk solution because of development on IT technology. However other medical record department's are undergoing identification check through and through whereas medical imaging department cannot afford to do that. So, we examine present applicant's recognition of private intelligence safeguard, and medical imaging issuance condition by CD & DVD medium toward various medical facility and then perform comparative analysis associated with domestic and foreign law & recommendation, lastly suggest standard for medical imaging issuance and process relate with internal environment. Materials and methods : First, we surveyed issuance process & required documents when situation of medical image issuance in the metropolitan medical facility by wire telephone between 2008.6.1$\sim$2008.7.1. in accordance with the medical law Article 21$\sim$clause 2, suggested standard through applicant's required documents occasionally - (1) in the event of oneself $\rightarrow$ verifying identification, (2) in the event of family $\rightarrow$ verifying applicant identification & family relations document (health insurance card, attested copy, and so on), (3) third person or representative $\rightarrow$ verifying applicant identification & letter of attorney & certificate of one's seal impression. Second, also checked required documents of applicant in accordance with upper standard when situation of medical image issuance in Kyung-hee university medical center during 3 month 2008.5.1$\sim$2008.7.31. Third, developed a work process by triangular position of issuance procedure for situation when verifying required documents & management of unpreparedness. Result : Look all over the our manufactured output in the hospital - satisfy the all conditions $\rightarrow$ 4 place(12%), possibly request everyone $\rightarrow$ 4 place(12%), and apply in the clinic section $\rightarrow$ 9 place(27%) that does not medical imaging issuance office, so we don't know about required documents condition. and look into whether meet or not the applicant's required documents on upper 3month survey - satisfy the all conditions $\rightarrow$ 629 case(49%), prepare a one part $\rightarrow$ 416 case(33%), insufficiency of all document $\rightarrow$ 226case(18%). On the authority of upper research result, we are establishing the service model mapping for objective reception when image export situation through triangular position of issuance procedure and reduce of friction with patient and promote the patient convenience. Conclusion : The PACS is classified under medical machinery that mean indicates about higher importance of medical information therefore medical information administrator's who already received professional education & mind, are performer about issuance process only and also have to provide under ID checking process exhaustively.

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The Development for guideline of raw matrials on technical document of Medical Device (의료기기 허가.기술문서 원자재 작성 가이드라인 개발)

  • Park, Ki-Jung;Ryu, Gyu-Ha;Lee, Sung-Hee;Lee, Chang-Hyung;Jung, Jin-Baek;Lee, Jae-Keun;Hur, Chan-Hoi;Kim, Hyung-Bum;Choi, Min-Yong;Kim, Yong-Woo;Hwang, Sang-Yeon;Jung, Jae-Hoon;Koo, Ja-Jung;Hong, Hye-Kyung;Lim, Kyung-Taek;Kang, Se-Ku;Kwak, Young-Ji
    • Journal of Biomedical Engineering Research
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    • v.31 no.6
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    • pp.434-437
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    • 2010
  • For approval of medical devices manufactured or imported, submission of technical documents as well as the application form is required. The manufacturer (or importer) should properly identify the raw materials the applied product is made of and the manufacturing processes the product undergoes before it is shipped in the application form. In the technical documents, scientific data to evaluate the efficacy, safety, and quality of the applied product that has been described in the application form should be provided. Therefore, identifying the raw materials that were used for the parts of the applied product and describing the physical and chemical characteristics of the raw materials are quite important and essential in ensuring the efficacy, safety, and quality of the applied product. To describe the physical and chemical characteristics of the raw materials correctively, the applicant is required to have broad knowledge in the scientific fields such as chemical, polymer, metal, and ceramic science and engineering. But most of the applicant are not experts in these fields, so that the description in the application form often includes wrong and improper descriptions. Thus, we developed a guideline which explains the raw materials for medical devices, show the their examples. The purpose of this description guideline is to help the applicant properly completing the "Raw materials or constituents and their volumes" part in the application form.

A Comparative Study on The Applicability of Governing Law under Documentary Credits (화환신용장(貨換信用狀)의 준거법선정(準據法選定)과 적용(適用)에 관한 비교연구(比較硏究))

  • Kim, Jong-Chill
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.461-494
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    • 1999
  • This study is to analyse the applicability of governing law in multi-party contractual relationship of letter of credit. And this study is also to suggest the limits of the possibility of applicable law in multi-party contract. The contract of letter of credit constitutes complex relationship, i.e., applicant -beneficiary, applicant-issuing bank, issuing bank-intermediary bank ect. The law applicable to letter of credit should not use a singular governing law in all credit transaction as sales contract. To solve these problems, the author analysed the law applicable to the credit under multi-party contractual relationship as follow : (1) the principle of party autonomy (2) In the absence of express agreement with regard to the law applicable to the contract, lex loci contractus, lex loci solutionis, the law intended by the parties, the law with which contract is most closely connected. Accordingly, when attempting to ascertain the law governing the credit, it should be borne in mind that the credit involves several contractual relationships. I would like to conclude as follows: 1. The contract between the applicant and the Issuing bank is to be governed by the law of the country where the contract is made, and in which the bank carries on business and has issued the credit. 2. When it comes to the beneficiary-Intermediary bank relationship the following rule is given : The liability of an intermediary bank to the seller is governed by the law the country where the intermediary bank is operating if it is acting as principal. If, however, it is acting as agent(advising bank), it will be the law of the country where his principal is situate. 3. The contract between the beneficiary and the Issuing bank is governed by the law of the country where the payment is to be performed. 4. The contract between the Issuing bank and Intermediary bank is governed by 1) the law of the issuing bank is applicable if the intermediary bank only advises the credit, 2) the law of the issuing bank is applicable but if the intermediary bank makes payment, accepts or negotiates drafts against the tender of the documents, i.e., act as the bank dffecting the payment., 3) the law of the confirming bank is applicable if the irrevocable letter of credit is confirmed by the intermediary bank

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Flight Test Method to Show Compliance to Fuel System Airworthiness Requirements of Small Aircraf (소형 비행기 연료 계통 적합성 입증을 위한 비행시험에 관한 고찰)

  • Kim, Seungkyem
    • Journal of Aerospace System Engineering
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    • v.6 no.3
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    • pp.34-39
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    • 2012
  • In this paper, analysis of airworthiness requirements which require flight test to show compliance and flight test method as means of compliance to those requirements are provided. For unusable fuel test, sufficient discussion between certification authority and applicant is required to select test conditions. For hot weather fuel system operation test, preservation and heating of test fuel should be done carefully not to adversely affect to test result.

Introduction of Advanced Education in General Dentistry

  • Roh, Byoung-Duck
    • Proceedings of the KACD Conference
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    • 2001.11a
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    • pp.557-557
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    • 2001
  • Even though Korean Dentistry practically have adapted the specialty system, the execution of regulation was tentatively delayed during the past 30 years. Recently a group of dentists advocated that the legislation must be executed. The Korean Dental Association announced the new legislation for specialty program to accommodate the desires of almost of dentists. It is prospected to restrict the specialist as low as 8% or up to 15%. But in fact, during the past 10 year, the applicant to the specialty program increased rapidly and about 40% of graduate are in the specialty programs these days.(omitted)

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A Study on the Management of "the Internship of the Disabled" Using Mobile App (모바일 앱을 이용한 장애학생의 현장실습 관리 연구)

  • Koo, Min-Jeong;Han, Koung-Don;Noh, Dong-Ho
    • Journal of Digital Convergence
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    • v.11 no.2
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    • pp.419-424
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    • 2013
  • A study was performed on the management of working hours, starting time, and the internship journal using mobile app in order to manage the on the job training of the disabled students in the industrial companies. The employer of the disabled verifies if the acceptable standard of the disabled students and the actual information of the applicant matches, before hiring (accepting) the applicant. The company manages the attendance information (working hours and address, etc.) of the trainees using GPS. Judging from the result of the performance of this process, the process has contributed to the on the job training of the disabled, so the program is underway to link the process to the actual employment in the future. To test This app in this research, surveys with 34 students were done on "Results of Usefulness." UI satisfaction about this application showed more than 81.1% of beyond Just OK.

A Qualitative Study on Social Work Applicants' Impression Management Tactics in Job Interviews (사회복지 지원자의 채용면접 인상관리전략에 관한 질적 연구)

  • Jang, Yeon-Jin;Jeong, Sun-Wuk
    • Korean Journal of Social Welfare
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    • v.60 no.1
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    • pp.77-102
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    • 2008
  • The purpose of this study is to know what impression management(IM) tactics social work applicants use in their job interviews and what relation between their IM tactics and interviewers' evaluation exists. To accomplish this purpose, we reviewed the precedent researches about IM and conducted a qualitative study with the applicants in a community welfare center which adopted open approach in recruitment process. We analyzed the applicants' IM tactics through observing video-taped interview sessions and reviewing interviewers' rating paper. The results showed that the social work applicants mainly used self-promotion tactic for emphasizing their strengths and justification tactics for expressing their weaknesses. Some applicants often used fit-with-organization and other-enhancement belonged to ingratiation tactics. According to interviewers' rating results, the applicants with deep eye contact, calm attitude or smiling face gave a good impression to the interviewers. In the final discussion, an applicant who adopted diverse verbal and non-verbal tactics and expressed her point clearly was perceived attractive by the interviewers and accepted as the best choice. Based on this qualitative analysis, we have made several practical suggestions for social work applicants, social work researchers and social work organizations.

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Multidimensional scaling analysis on the images of special purpose academies (다차원 척도법을 이용한 특수 목적대학에 대한 이미지 분석)

  • Bae, Hyun-Wung;Kwon, Ki-Ho;Moon, Mi-Nam;Moon, Ho-Seok
    • Journal of the Korean Data and Information Science Society
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    • v.21 no.1
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    • pp.11-20
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    • 2010
  • The purpose of this study is to analyze the images of the Military Academy, Naval Academy, Air Force Academy, Police Academy, and Armed Forces Nursing Academy using multidimensional scaling method. For this research, we surveyed 363 applicants to special purpose academies including Military Academies and Police College. The study showed that the Military, Naval, and Air Force Academies had stronger image than the Police Academy in the area of physical strength, tradition, and fellowship between senior and junior. On the other hand, the Police Academy had better image in the area of social activity and applicant's academic achievement. The Military Academy had been evaluated the best school among the three Academies in the area of applicant's academic achievement, educational environment, faculty, tradition, and fellowship between senior and junior.