• Title/Summary/Keyword: Determining Infringement

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Some Methods Determining Reasonable Royalty Rates for Patent Valuation - An Infringement Damages Model (특허가치평가를 위한 합리적 로열티율 산정 방안 - 손해액산정모형을 중심으로)

  • Yang, Donghong;Kim, Sung-Chul;Kang, Gunseog
    • Journal of Korea Technology Innovation Society
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    • v.15 no.3
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    • pp.700-721
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    • 2012
  • This paper deals with methods for determining the reasonable royalty rates in the valuation of patents. To calculate the reliable reasonable royalty rate of a patent, we review pros and cons of the 25% rule royalty calculating method and the recent trend of this method. We also review the game theory of Nash Bargaining equation and review the Investment of Rate of Return Method according to the financial analysis. Next, we refer to the reasonable royalty damage cases among the recent patent infringement cases in USA and analyze the corresponding patents. We extract the patent indicators from the patent bibliographic information. Finally, we obtain a regression model for calculating a reasonable royalty rate using the patent indicators and the reasonable royalty rates in the recent patent infringement cases.

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Analysis of Information Security Issues and Classification through Metaverse Infringement Cases

  • Mi-Na, Shim
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.13-22
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    • 2023
  • In the age of Web 3.0, the metaverse is emerging as a new innovative element to replace the Internet. Leading major ICT companies, it is striving to become a metaverse platform or infrastructure-oriented company. Along with the expansion of the VR and AR market, governments of each country are investing large budgets in this field. However, security concerns about metaverse are also growing. In addition to potential damage to infrastructure, platform and services, personal information leakage and privacy damage are expected to increase further. In this study, we investigated and closely analyzed cases of infringement on the infrastructure, platform, and service of Metaverse. We have clearly identified the current state of metaverse security and the characteristics of the risks of greatest concern. The research procedure is composed of a method of determining the metaverse security area for case analysis first and deriving the type of threat by area through the type of infringement. In particular, the results were mapped into Domain, Case, and Threat, and the implications of the results were analyzed. Through these results, researchers want to contribute to finding the right direction of research by clearly understanding the latest metaverse security status.

System Implement to Identify Copyright Infringement Based on the Text Reference Point (텍스트 기준점 기반의 저작권 침해 판단 시스템 구현)

  • Choi, Kyung-Ung;Park, Soon-Cheol;Yang, Seung-Won
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.77-84
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    • 2015
  • Most of the existing methods make the index key with every 6 words in every sentence in a document in order to identify copyright infringement between two documents. However, these methods has the disadvantage to take a long time to inspect the copyright infringement because of the long indexing time for the large-scale document. In this paper, we propose a method to select the longest word (called a feature bock) as an index key in the predetermined-sized window which scans a document character by character. This method can be characterized by removing duplicate blocks in the process of scanning a document, dramatically reducing the number of the index keys. The system with this method can find the copyright infringement positions of two documents very accurately and quickly since relatively small number of blocks are compared.

Analysis of Copyright and Licensing Issues in Artificial Intelligence (인공지능에서 저작권과 라이선스 이슈 분석)

  • W.O. Ryoo;S.Y. Lee;S.I. Jung
    • Electronics and Telecommunications Trends
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    • v.38 no.6
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    • pp.84-94
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    • 2023
  • Open source has many advantages and is widely used in various fields. However, legal disputes regarding copyright and licensing of datasets and learning models have recently arisen in artificial intelligence developments. We examine how datasets affect artificial intelligence learning and services from the perspective of copyrighting and licensing when datasets are used for training models. The licensing conditions of datasets can lead to copyright infringement and license violation, thus determining the scope of disclosure and commercialization of the trained model. In addition, we examine related legal issues.

Causes and Effects of Conflict Arising from Public Pedestrian Passages in an Apartment Complex - Based on a Survey of Residents living in an Apartment Complex - (공동주택 단지 내 공공보행통로의 갈등 요인과 영향 - 공동주택 거주민의 인식조사를 바탕으로 -)

  • Lee, Seung-Ji
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.12
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    • pp.95-102
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    • 2018
  • The purpose of this study is to investigate the causes of conflict that arise from public pedestrian passages installed in apartment complexes through a survey of residents' perceptions and to investigate the effects on the satisfaction with and necessity of the public pedestrian passage. This has significance as a preliminary research into determining solutions to conflict related to public pedestrian passages that are open spaces, accessible 24 hours a day to pedestrians including people who live outside of the apartment complex. The result of the residents' perception survey showed that there is conflict due to the public pedestrian passage. The main problem was the noise-related variables. While management and safety variables were also perceived as problems, privacy and ownership infringement variables were not. These problems were reduced to four factors through a factor analysis: unfavorable incidents, environment management, ownership infringement, and safety crimes. Analyzing the effects of the above factors on the satisfaction with the apartment complex, satisfaction with the public pedestrian passage and the necessity of the public pedestrian passage, demonstrated that the unfavorable incidents factor influenced all the variables. The safety crimes factor, which is an extended concept of the unfavorable incidents, affected both the satisfaction and necessity of the public pedestrian passage. The ownership infringement factor was found to affect the satisfaction of the public pedestrian passage only, and the environment management factor did not affect all the variables. In planning and managing public pedestrian passages, avoiding incidents and crimes should be considered as a priority to increase the satisfaction of residents and solve conflicts.

Legal Systems and Practice of Intellectual Property Protection in Japan and China: A Comparative Analysis

  • Cai, Wanli
    • Asian Journal of Innovation and Policy
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    • v.7 no.1
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    • pp.190-206
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    • 2018
  • This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.

Regression Models for Determining the Patent Royalty Rates using Infringement Damage Awards and Inter-Partes Review Cases (손해배상액과 무효심판 판례를 이용한 특허 로열티율 산정 회귀모형)

  • Yang, Dong Hong;Kang, Gunseog;Kim, Sung-Chul
    • The Journal of Society for e-Business Studies
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    • v.23 no.1
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    • pp.47-63
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    • 2018
  • This study suggested quantitative models to calculate a royalty rate as an important input factor of the relief from royalty method which has the characteristics of income approach method and market approach method that are generally used in the valuation of intangible assets. This study built a royalty rate regression model by referring to the patent infringement damages cases based on royalties, i.e., by using the royalty rates as a dependent variable and the patent indexes of the corresponding patent right as independent variables. Then, a logistic regression model was constructed by referring to inter-partes review cases of patent rights, i.e. by using not-unpatentable results as a dependent variable and the patent indexes of the corresponding patent right as independent variables. A final royalty rate was calculated by matching the royalty rate from the royalty rate regression model with a not-unpatentable probability from the logistic regression model. The suggested royalty rate was compared with the royalty rate obtained by the traditional methods to check its reliability.

Appraisal method for Determining Whether to Upgrade Software for Appraisal (감정 대상 소프트웨어의 업그레이드 여부 판정을 위한 감정 방법)

  • Chun, Byung-Tae;Jeong, Younseo
    • Journal of Software Assessment and Valuation
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    • v.16 no.1
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    • pp.13-19
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    • 2020
  • It can be seen that the infringement of copyright cases is increasing as the society becomes more complex and advanced. During the software copyright dispute, there may be a dispute over whether the software is duplicated and made into upgraded software. In this paper, we intend to propose an analysis method for determining whether to upgrade software. For the software upgrade analysis, a software similarity analysis technique was used. The analysis program covers servers, management programs, and Raspberry PC programs. The first analysis confirms the correspondence between program creation information and content. In addition, it analyzes the similarity of functions and screen composition between the submitted program and the program installed in the field. The second comparative analysis compares and analyzes similarities by operating two programs in the same environment. As a result of comparative analysis, it was confirmed that the operation and configuration screens of the two programs were identical. Thus, minor differences were found in a few files, but it was confirmed that the two programs were mostly made using the same or almost similar source code. Therefore, this program can be judged as an upgrade program.

Study on the physical vulnerability factors in the convergence IT environment (융합 IT 환경의 물리적 취약요인에 관한 연구)

  • Jeon, Jeong Hoon;Ahn, Chang Hoon;Kim, Sang Choon
    • Convergence Security Journal
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    • v.16 no.1
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    • pp.59-68
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    • 2016
  • Recently, many domestic and foreign industries is increasing gradually in the importance of security such as the emergence of a Convergence Information Technology(internet of things, cloud computing service, big data etc). Among these techniques, the industrial security market is expected to grow gradually and the evolution of security technologies, as well as vulnerabilities are also expected to increase. Therefore, an increase in physical vulnerability factors it is no exaggeration to standards that are determining the security of industrial security. In this paper will be analyzed to the physical security technology and case study, physical vulnerability factor. Thereby this is expected to be utilized as a basis for the countermeasure of physical corresponding infringement and attack in a future.

The Awareness and Educational Needs of Some Health Major Students on The Forth Industrial Revolution (4차 산업혁명에 대한 일부 보건계열전공 학생들의 인식과 교육요구도 조사)

  • Lee, Mi-Lim;Lee, Hyo-Cheol
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.3
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    • pp.193-202
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    • 2021
  • The purpose of this study was to examine relation of awareness and education requirement of the 4th industrial revolution in health care students in attempt to provide basic data of determining the principle and education plan. The subject of study were 280 students of health department of H university in Gwangju and analyzed by gender and grade. The female students were positive awareness of the 4th industrial revolution and the level of influence on the major field was highest in lower grade students. The level of negative factors such as generation gap(p<0.05), gap between rich and poor (p<0.01), personal information infringement(p<0.05), decrease in existing jobs(p<0.05), and abuse of artificial intelligence(p<0.05) was highest in male students. In prepration for the 4th industrial revolution, education on bio and medical device(22.2%) was the most desired. The higher positive awareness, the higher educational demand(p<0.001). It is necessary to develop programs and various education to increase positive factors such as the creation of new jobs and improve the quality of life in the era of the 4th industrial revolution.