• The Journal of the Korea Contents Association
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• v.17 no.3
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• pp.138-149
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• 2017

The objective of this study was to investigate and analyze the problems on 'System for Author's Property Right Limitation' in the North Korean Copyright Law. The NK Copyright Law had applied the international standards superficially, it may not be considered to get out of the grand frame of NK system. Especially, it is different that there is lack or short of contents on transfer, disposition, succession, trust, and so on for Author's Property Right. For example, free usages of Literary Works upon the NK law of Author's Property Right were described as 9 cases including copy and translation for personal purpose; copy in the library, etc. However, there are many insufficient items in view of international standards among the cases, showing omissions of critical terminology such as publications of literary works, purpose of usage, scope of usage, etc. Therefore, the NK law of Author's Property Right is interpreted not to be satisfied with the requirements for the law of Author's Property Right but to be legalized in terms of external announcement, and it seems not to be considered as the Author's Property Right Law with general standards enough to demonstrate the creativity freely.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• Journal of the Korean Society for information Management
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• v.18 no.4
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• pp.127-142
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• 2001

It has been criticized that the right of reproduction and right of communication to the public in the Copyrigt Act of Korea, which was amended in the year of 2000 in line with new environments around digital networks, limited the limitation to author’s property right in private use and library exemption too much. Solving the problem above, this study analyzes comparatively WCT, Amended Proposal for a Directive on Copyright and Related Rights in the Information Society, Copyright Law of the United States of America, Copyright Amendment(Digital Agenda), and Copyright Act of Korea. Based on the results from related case analyses and a survey on how stakeholders view copyright issue, in addition, this study presents a reasonable way of limiting rights of reproduction and rights of communication to the public.