• Journal of Arbitration Studies
• /
• v.26 no.3
• /
• pp.51-66
• /
• 2016

This paper considers how various types of patent disputes can be more efficiently resolved through arbitration, rather than litigation. For this analysis, it takes three types of patent disputes as a control sample - contractual disputes, infringement disputes and FRAND disputes - and assess how these disputes can be better resolved through arbitration in terms of several criteria, namely, the suitability of the decision-makers, the number of forums in which disputes have to separately decided and enforced, procedural flexibility and confidentiality. The paper takes into consideration that certain types of patent disputes, such as infringement disputes and FRAND disputes are unlikely to be subject to pre-existing arbitration agreements. In these types of disputes, parties may make the decision between arbitration and litigation based on strategic and tactical concerns, rather than legal ones. The paper concludes that, given this limitation, it is not possible to categorically state whether arbitration is more suitable than litigation for resolving patent disputes. The most sensible course to follow in adopting arbitration for patent disputes is for legal advisors to be familiar with the intricate benefits and pitfalls of arbitration in patent disputes, and to actively consider referring a dispute to arbitration over litigation after a dispute has arisen.

• Management & Information Systems Review
• /
• v.31 no.4
• /
• pp.363-376
• /
• 2012

In Korea, religious bodies are being given tax benefits like tax exemption and reduction in accordance with the Local Tax Law. By the way, there's no difference between tax benefits given to religious bodies and other kinds of non-profit corporations. In other words, tax exemption and reduction for religious bodies are being made without considering the very nature of the bodies. This is causing lots of problems. Currently, tax supports to religious bodies are mostly focusing on tax items related to their property, considerably diverting from the ultimate purpose and objectives of tax exemption and reduction for religious organizations. This is not also weakening local finance, but also diverting from the basic intent of so-called the induction system that if necessary, tax supports are given, but they have to be minimized. To solve these problems, comprehensive actions need to be taken, for example, reducing tax benefits given to religious bodies' property and motivating the bodies to make a variety of donations like in developed countries. Now, religious bodies should change their consciousness of tax liability that is imposed by the Local Tax Law. And the government should be more systematic in the collection and management of data that are necessary to levy taxes on religious bodies. If required, the government show the data to religious bodies, convincing them to positively fulfil their tax liability without complaint. This study discusses the current state and problems of existing local tax systems in relation to religious bodies and then propose how to improve the systems. If the systems of tax exemption and reduction for religious bodies under the Local Tax Law can be improved, it would contribute to improve the finance of local autonomous bodies.

• Journal of Korea Water Resources Association
• /
• v.56 no.5
• /
• pp.357-362
• /
• 2023

The conflict between upstream and downstream regions is a representative social conflict in Korea. It is important issues in the economic and environmental aspects related to interests of property rights and water quality conservation. however, it is insufficient for studies on the economic damage and benefits between upstream and downstream by policy. We studied validity for drinking water protect zone, one of the major water conflict in Korea, by comparison between social loss by property rights restriction in the upstream and social benefits in the downstream and we proposed integrated water management policy in basin level.

• East Asian Journal of Business Economics (EAJBE)
• /
• v.7 no.4
• /
• pp.1-13
• /
• 2019

Purpose - Based on transaction cost perspective and institution-based perspective, this research attempts to investigate the effect of outsourcing on a firm's performance and how it interacts with institutional context in which the firms operate. Research design, data, and methodology -With a sample of 164 manufacturing firms form South Korea, we examine the direct effects of outsourcing on the a firm's level of product innovation and internationalization and the moderating effects of competitive pressure and property right protection as important external factors that could affect the effectiveness of outsourcing decision. Result - The findings show that outsourcing not only enhance a firm's capability to concentrate on its core competencies, but also to increase a firm's combinative capacity to acquire external knowledge. Furthermore, we finds that in a highly competitive environment, potential knowledge spillovers to other competitors may attenuate the potential benefits of outsourcing. Conclusion - Outsourcing can enhance a firm's innovation activities by providing valuable access to external knowledge and also to complementary resources from the external partners, which in turn enables firms to focus on core competences.

• Journal of Arbitration Studies
• /
• v.21 no.2
• /
• pp.85-112
• /
• 2011

These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

• Journal of Environmental Science International
• /
• v.26 no.3
• /
• pp.281-287
• /
• 2017

The main task of landscape architecture is to create a higher quality of the environment by utilizing resources or to provide effective stewardship for the preserved environment. These outcomes enhance the correlation between humans and the environment. Landscape architect deals with direct use of market economic goods in private property resources such as capital, land, plant, structure. But it also has indirect use of non-market economic goods in public resources like scenic view from the forest, sea, urbanscape, and refreshing atmosphere. At this point, landscaping products should have a role of public goods, and even these attribute to individuals or certain group. From the results of neo-liberalism regime in modern era such as guarantee of private property, deregulation for free market, and reduction of social welfare, minority has getting less opportunity to enjoy the quality life in ecotop and social welfare. With all future, landscape architecture should have the role of social infrastructure through planning concept that ensures public interests first. The virtuous functions of Green Infrastructure is a proper tool in realizing environmental justice in that it efficiently protects environment, and distributes fair benefits to all people.

• CELLMED
• /
• v.10 no.1
• /
• pp.1.1-1.6
• /
• 2020

Since times immemorial, people have been dependant on plants for the various nutritional and pharamacological properties. Folk and traditional medicine recognizes thousands of plant species having miraculous benefits. Fig (Ficus carica Linn.) has been part of folk-lore since centuries. Ficus carica Linn. (Moraceae) is a huge deciduous tree, with more than 800 species. Different parts of Ficus carica like bark, root, leaves, fruit and latex have their own valuable importance and are frequently used for the treatment of various illnesses. Fruit of Ficus carica is commonly called as fig (anjeer) has various medicinal properties used in Unani, Ayurvedic and Chinese traditional system of medicines. Fig fruit is mostly used in gastro intestinal and respiratory disorders. In Unani medicine, fig is used as a diuretic, mild laxative and expectorant. Phytochemical studies on the leaves and fruits of the plant have shown that they are rich in Phenolics, Flavonoids, Vitamin C, Alkaloids, Saponins, Coumarins, tannins, organic acids, and volatile compounds due to which it is having great antioxidant property. Most interesting therapeutic effects include hypoglycemic, hepatoprotective, anticancer, antimicrobial and hypolipidemic activities.

• Journal of the East Asian Society of Dietary Life
• /
• v.22 no.2
• /
• pp.315-321
• /
• 2012

In this study, the product attributes that give customers the estimated benefits and products that can predict the customer's choice conjoint analysis techniques to identify the restaurant affinity markets a new dining concept was to develop. Questionnaire for this study of 400 non-response is negative and insincere characters, except for the final analysis, the questionnaire Part 309 was the target. Conjoint model used in this study Pearson's R is 0.928 ($p$<0.000), Kendall's tau is 0.750 ($p$<0.000) with an orthogonal plan was well suited for profiling attributes are extracted 16. Part of the relative importance of the value of the property to determine the result of analyzing the properties that are most important at the level of the respondents of the induct (38.46%), and followed by price (30.52%), Atmosphere (18.28%), and Exclusive space (12.73%) was followed. Portion of the property value for each analysis among industry preference for the Italian food was highest, a nature-friendly interior atmosphere had the highest affinity Average per price at 10,000 won~30,000 won or less than the amount of affinity was higher location of the restaurant alone, showed that space preferred. Through simulation in a virtual seafood restaurant nature-friendly image, average price per person ranging from 10,000 to 30,000won at an exclusive restaurant was most preferred.

• Journal of Arbitration Studies
• /
• v.29 no.3
• /
• pp.121-140
• /
• 2019

First, the purpose of this research is to review the Online Dispute Resolution (ODR) regulations in Korea to resolve disputes which can arise in international e-commerce in the near future. Second, this research tries to look for alternative solutions to dispute resolutions according to these regulations. Third, this research pursues to enhance the effectiveness of business deals by providing efficient and satisfactory dispute resolution methods for e-commerce business. Furthermore, this study evaluates the definition of global e-commerce by comparing Online Dispute Resolution (ODR) with Alternative Dispute Resolution (ADR). Through analyzing the domestic ODR system and ADR system, this research could boost the employment of settlements in small-sized disputes through easy and convenient consumer access to both ODR and ADR procedures. The enhancement of the competitiveness of Korean companies in the global market is estimated to take place as a result. This research is estimated to provide benefits to our businesses both domestically and internationally by using ODR regulations and ADR methods. Moreover, this research is anticipated to verify usefulness in terms of consumer protection by advancing consumers' access to dispute solution authorities locally and abroad.

• Journal of Forest and Environmental Science
• /
• v.29 no.1
• /
• pp.58-70
• /
• 2013

Iriai an Indigenous forest management system in Japan from the viewpoint of "common pool resources" was a success resilient institution and resulted with sustainable production system and environmental conservation. This study was conducted in Osawa of the Nagano prefecture through group discussions, field observations and an in-depth field survey. Osawa Property Ward Forest is managed under the concept very much similarly to traditional "Iriai". This study firstly examined the changes of collective forest management system in terms of awareness and interest in forest management; forest management activities; role of forest; and collection of forest products. Then it analyzed the current threats for collective forest management have been identified as: land abandonment due to loss of benefits and lack of active community participation; deterioration of forest environment particularly the micro-climate and aesthetic values; conflict with local government authorities restraining the use of money in property ward forest and conflict with outsiders on damping of the garbage. Community cantered forestry management rules; livelihood contribution; protection of environment; local initiatives for protection and economic activities are the prevailing opportunities for collective forest management. The main requirements for revitalization of collective forest management are explained as local reciprocity; imposition of community based forest rules; encouraging local innovations; and building partnerships with stakeholders. Collective forest management system addresses the limitations of conventional forestry models, which had invalidated traditional 'iriai' institutions, and key to restoring sustainable use of forest and environmental resources. Cross-institutional collaborations together with responsibilities of local communities would ensure the revitalization of forest resources.