• Title/Summary/Keyword: Infringement of rights

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International Competitiveness of Lighting Equipments Industry in Korea and Unfair Trade under the WTO System (WTO체제하 한국 조명기기산업의 경쟁력과 불공정무역)

  • Lee, Yune
    • International Commerce and Information Review
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    • v.7 no.4
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    • pp.409-433
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    • 2005
  • The lighting equipments industry in Korea has been characterized as high-costly and low-efficient, and has been decreasing in its international competitiveness since the birth of the WTO. The industry has been exposed to a harsh competition with large quantities of cheap imports from China and has been influenced by the unfair trade of Chinese enterprises. Korea Trade Commission and other related government bodies in Korea are required to enforce import regulations against Chinese products and investigate thoroughly unfair trade practices including false indication of country of origin, infringement of intellectual property rights and dumping.

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Protection of MPEG-2 Multicast Streaming in an IP Set-Top Box Environment

  • Hwang, Seong-Oun;Kim, Jeong-Hyon;Nam, Do-Won;Yoon, Ki-Song
    • ETRI Journal
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    • v.27 no.5
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    • pp.595-607
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    • 2005
  • The widespread use of the Internet has led to the problem of intellectual property and copyright infringement. Digital rights management (DRM) technologies have been developed to protect digital content items. Digital content can be classified into static content (for example, text or media files) and dynamic content (for example, VOD or multicast streams). This paper deals with the protection of a multicast stream on set-top boxes connected to an IP network. In this paper, we examine the following design and architectural issues to be considered when applying DRM functions to multicast streaming service environments: transparent streaming service and large-scale user environments. To address the transparency issue, we introduce a 'selective encryption scheme'. To address the second issue, a 'key packet insertion scheme' and 'hierarchical key management scheme' are introduced. Based on the above design and architecture, we developed a prototype of a multicasting DRM system. The analysis of our implementation shows that it supports transparent and scalable DRM multicasting service in a large-scale user environment.

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Design and Implementation of An Obfuscation Tool for Preventing the Infringement of Intellectual Property Rights of Android Contents (안드로이드 콘텐츠 지적재산권 침해 방지를 위한 난독화 도구의 설계 및 구현)

  • Kim, Heung-Soo;Park, Heewan
    • Annual Conference of KIPS
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    • 2014.04a
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    • pp.483-486
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    • 2014
  • 소프트웨어는 대부분 바이너리 형태로 배포되기 때문에 역공학 분석이 쉽지 않다. 그러나 안드로이드는 자바를 기반으로 한다. 자바는 클래스 파일의 형태로 배포되는데 클래스 파일은 자바 소스 프로그램의 정보를 대부분 유지하고 있기 때문에 역공학 기술을 적용하기가 타 언어에 비해 쉽다. 이 문제에 대처하기 위해서 프로그램의 기능을 그대로 유지하고, 프로그램을 분석하기 어려운 형태로 변환하는 다양한 난독화 방법이 제안되었다. 안드로이드 환경에서는 안드로이드 SDK와 함께 배포되는 난독화 도구인 프로가드(Proguard)가 가장 널리 사용된다. 그러나 프로가드는 리소스 보호 기능을 제공하지 않는다. 본 논문에서는 프로가드의 한계를 보완할 수 있는 리소스 난독화 기법을 제안하고 구현하였다. 본 논문에서 제안하는 리소스 난독화 기법을 먼저 소스 코드에 적용하고, 이후 프로가드의 난독화 기능을 추가로 사용한다면 안드로이드 프로그램을 역공학 분석으로부터 보호하는 효과적인 방법으로 사용될 수 있을 것이다.

A Study on Similar Trademark Search Model Using Convolutional Neural Networks (합성곱 신경망(Convolutional Neural Network)을 활용한 지능형 유사상표 검색 모형 개발)

  • Yoon, Jae-Woong;Lee, Suk-Jun;Song, Chil-Yong;Kim, Yeon-Sik;Jung, Mi-Young;Jeong, Sang-Il
    • Management & Information Systems Review
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    • v.38 no.3
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    • pp.55-80
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    • 2019
  • Recently, many companies improving their management performance by building a powerful brand value which is recognized for trademark rights. However, as growing up the size of online commerce market, the infringement of trademark rights is increasing. According to various studies and reports, cases of foreign and domestic companies infringing on their trademark rights are increased. As the manpower and the cost required for the protection of trademark are enormous, small and medium enterprises(SMEs) could not conduct preliminary investigations to protect their trademark rights. Besides, due to the trademark image search service does not exist, many domestic companies have a problem that investigating huge amounts of trademarks manually when conducting preliminary investigations to protect their rights of trademark. Therefore, we develop an intelligent similar trademark search model to reduce the manpower and cost for preliminary investigation. To measure the performance of the model which is developed in this study, test data selected by intellectual property experts was used, and the performance of ResNet V1 101 was the highest. The significance of this study is as follows. The experimental results empirically demonstrate that the image classification algorithm shows high performance not only object recognition but also image retrieval. Since the model that developed in this study was learned through actual trademark image data, it is expected that it can be applied in the real industrial environment.

Analysis and countermeasure of causes of inducing violence of private security companies on the actual sites of administrative execution by proxy (행정대집행 현장에서 민간경비업체의 폭력 유발 원인 분석과 대책)

  • Choi, Kee-Nam
    • Korean Security Journal
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    • no.18
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    • pp.119-141
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    • 2009
  • Administrative execution by proxy is one of forced executions of administration and is also called as "enforced execution by proxy" in which administration institutions or the third party executes by proxy on behalf of parties who did not execute obligations under administration law and files claims to compensate expenses required in the proxy execution. Despite the actual site of administrative execution by law, social problems are generated because various violence and behaviors of infringement of human rights between executer and obligator are rampant and thus causing human damages since forced execution by physical force is carried out and cases of police indictments and petition to human rights committee are gradually increasing. Majority of people mobilized in this actual site of violence are supplied by private security companies which provide service contract and mobilization of people without qualification of guards or security service and irrational execution by proxy and violent actions by so-called service hooligans connected to violence organizations are now becoming social issues. In these actual sites of violence, structurally very complicated problems such as economic rights, right of residence, struggle for living, and intervention by outsiders are contained. This thesis has analyzed causes of outbreaks of violence and discussed about improvement countermeasure by paying attention to mobilization of people by private security companies. As the result, through revision and improvement of laws and systems, execution institution and policemen must be present at actual sites of execution by proxy to control physical execution of private security companies to be carried out legally and when violent collisions are occurring, it shall be stipulated that police should immediately intervene. Practices of execution by proxy of execution administration institutions shall be avoided and causes of occurrences of violence shall be eliminated by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution institutions when problems occur. Practices of solving petitions through collective actions of obligators shall be eliminated and strict enforcement of laws such as disturbance of official execution or compensation claims for expenses of execution by proxy must be carried out and intervention by the third parties must be intercepted. Mobilization of manpower by security companies shall be limited to people with prior registration who have acquired and finished qualification and education by security business law and before putting them on actual sites, it shall be obliged that execution plan with clear written records of working location, mission, and work rules must be submitted in advance to police station in charge and also they must be controlled to follow laws and statutes such as uniform and equipments. In addition, personal criminal responsibility for violent actions must be clearly stipulated and advanced securing soundness of security companies such as limits of service contracts with records of accidents is required. Order placement behaviors of special organizations under the pretext of rehabilitation business must be eradicated and companies with capability and strong intention of observation of laws must be able to receive orders by intercepting chains of contracts and sub-contracts. Issues of improvement countermeasure of social problem, living, and compensation including rights of residence and environment are excluded from the discussion.

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A Brief Sketch of Architectural Works Copyright with the United States Cases: Analysis based on Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case

  • Moon, Hwakyung
    • Architectural research
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    • v.9 no.1
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    • pp.1-8
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    • 2007
  • These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.

Empirical Analysis on Economic Factors of Infringement on Ocean Sovereignty from Chinese fishing boats (중국어선 해양주권 침해의 경제적 요인에 관한 실증적 연구)

  • Oh, Sang-Jin;Choi, Kyoung-Hoon;Park, Gyei-Kark
    • Journal of Korea Port Economic Association
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    • v.33 no.3
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    • pp.69-90
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    • 2017
  • Areas of marine activity have expanded into exclusive economic zones and the continental shelf since the United Nations Convention on the Law of the Sea(UNCLOS) in 1994, The signatory countries have been enforcing their maritime rights and competition in the international community has become intensified. Marine-related issues, including maritime sovereignty, has become an increasingly important issue with many national security and related studies following this trend. However, while there are many policy-related studies there remain few empirical studies. This paper conducted a study of illegal cases of Chinese fishing boats which are quite frequently for an empirical study on maritime sovereignty. This study conducted empirical analysis regarding factors relating to ocean sovereignty infringement by using correlation and multiple regression analysis. The result of observed increases in illegal Chinese fishing boats decreased the production of aquatic products, whish resulted in economic fishery losses to Korea households and inflation in the Korean economy.

The Rules of Law on Warranty Liability in Contracts for the International Sale of Goods - With Special Reference to CISG - (국제물품매매계약에 있어서 하자담보책임에 관한 법리 - CISG를 중심으로 -)

  • Hong, Sung-Kyu
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.147-175
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    • 2014
  • In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

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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.

A Study of protective measures of the source program for the development of the Internet of Things (IoT): Protection of the program as well as plagiarism research (사물인터넷(IoT)발전을 위한 소스프로그램 보호방안 연구: 프로그램의 보호와 유사표절 연구)

  • Lee, Jong-Sik
    • Journal of the Korea Convergence Society
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    • v.9 no.4
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    • pp.31-45
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    • 2018
  • Recent dramatical development of computer technology related to internet technology intensifies the dispute over software of computer or smart device. Research on software has been flourished with political issuing of fierce competition among nations for software development. Particularly industrial growth in ethernet based big data and IoT (Internet of Things) has promoted to build and develop open source programs based on java, xcode and C. On these circumstances, issue on software piracy has been confronted despite the basic security policy protecting intellectual property rights of software and thus it is of substantial importance to protect the rights of originality of source program license. However, the other issue on source technology protection of developer is the possibility of hindrance to advancement in industry and culture by developing programs. This study discuss the way of enhancing legal stability of IoT application program development and reinforcing precision in inspection of program plagiarism by analyzing the source programs with newly introducing text mining technique, thus suggests an alternative protective way of infringement of personal information due to duplicating program.