• Title/Summary/Keyword: Property Rights

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The Execution of International Technology Transfer Contracts for Avoiding the Commercial Disputes (국제기술이전 거래에서의 계약이행과 상사분쟁 예방)

  • Shim, Sang-Ryul
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.71-89
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    • 2008
  • International technology transfer(ITT) or technology trade is a very comprehensive term covering various mechanisms and channels for shifting technologies across borders. Thus, it refers to numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation. It includes technology, trade, and investment. Markets for exchanging technologies are inherently subject to failure due to appropriability problems, spillovers, asymmetric information, and market power. Thus, there is strong justification for public intervention. Technology developers are interested in reducing the costs and uncertainty of making transfers, along with protecting their rights to profit from such transfers. On the other hand, technology importers are interested in acquiring knowledge at minimal costs, asking for restricting sharply the exclusive rights of foreign firms to exploit technology. The purpose of this paper is to review the characteristics, risks, legal issues and contractual check points of ITT, focusing on the avoidance of commercial disputes during the very complex processes of ITT.

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"All This is Indeed Brahman" Rammohun Roy and a 'Global' History of the Rights-Bearing Self

  • Banerjee, Milinda
    • Asian review of World Histories
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    • v.3 no.1
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    • pp.81-112
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    • 2015
  • This essay interrogates the category of the 'global' in the emerging domain of 'global intellectual history'. Through a case study of the Indian social-religious reformer Rammohun Roy (1772/4-1833), I argue that notions of global selfhood and rights-consciousness (which have been preoccupying concerns of recent debates in intellectual history) have multiple conceptual and practical points of origin. Thus in early colonial India a person like Rammohun Roy could invoke centuries-old Indic terms of globality (vishva, jagat, sarva, sarvabhuta, etc.), selfhood (atman/brahman), and notions of right (adhikara) to liberation/salvation (mukti/moksha) as well as late precolonial discourses on 'worldly' rights consciousness (to life, property, religious toleration) and models of participatory governance present in an Indo-Islamic society, and hybridize these with Western-origin notions of rights and liberties. Thereby Rammohun could challenge the racial and confessional assumptions of colonial authority and produce a more deterritorialized and non-sectarian idea of selfhood and governance. However, Rammohun's comparativist world-historical notions excluded other models of selfhood and globality, such as those produced by devotional Vaishnava, Shaiva, and Shakta-Tantric discourses under the influence of non-Brahmanical communities and women. Rammohun's puritan condemnation of non-Brahmanical sexual and gender relations created a homogenized and hierarchical model of globality, obscuring alternate subaltern-inflected notions of selfhood. Class, caste, and gender biases rendered Rammohun supportive of British colonial rule and distanced him from popular anti-colonial revolts and social mobility movements in India. This article argues that today's intellectual historians run the risk of repeating Rammohun's biases (or those of Hegel's Weltgeschichte) if they privilege the historicity and value of certain models of global selfhood and rights-consciousness (such as those derived from a constructed notion of the 'West' or from constructed notions of various 'elite' classicized 'cultures'), to the exclusion of models produced by disenfranchised actors across the world. Instead of operating through hierarchical assumptions about local/global polarity, intellectual historians should remain sensitive to and learn from the universalizable models of selfhood, rights, and justice produced by actors in different spatio-temporal locations and intersections.

An Anonymous Rights Trading System using group signature schemes (그룹서명을 이용하여 익명성이 보장되는 디지털 권한 전달 시스템)

  • 주학수;김대엽;이동훈
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.14 no.1
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    • pp.3-13
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    • 2004
  • E-Commerce is suddenly spreading in a daily life. A rights trading system is a system that circulates digital-tickets such as plane tickets, software license, coupon. There are two main approaches so far account-based and smart-card based systems. The NTT Proposed FlexToken, a new smart card based copy prevention scheme for digital rights. They Proposed using pseudonymous self certified keys of Petersen and Horster in order to ensure anonymity of users. However. Petersen and Holster's scheme should register a pseudonymous key pair at TTP (One-time) every time so that users create the signature which is satisfied with unlinkability property In this paper, we propose a new anonymous rights trading system using group signature. This paper has a meaning having applied to digital rights trading system an efficient smart card based group signature.

A Comparative Study on the Legal Protection for Computer Software Trade

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.227-250
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    • 2002
  • This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

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Arbitrating IP Disputes: the 2014 WIPO Arbitration Rules

  • Boog, Christopher;Menz, James
    • Journal of Arbitration Studies
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    • v.24 no.3
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    • pp.105-124
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    • 2014
  • There is a growing interest in resolving intellectual property rights disputes through arbitration rather than in state courts. The internationalization of commercial relations, one of the most significant drivers of the growth of international arbitration in general, encompasses intellectual property relationships as well. In 2014, the World Intellectual Property Organization Arbitration and Mediation Center revised its arbitration rules. The revision is part of a wave of recent updates of institutional arbitral rules. After briefly introducing the WIPO Center as an arbitral institution, this article assesses the features of the WIPO Rules that make them suitable for the particular challenges of IP-related disputes. A second part reviews the salient new aspects of the WIPO Rules from a comparative perspective.

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A Study Of Effective Operation and Learning Methods Of Intellectual Property Courses (Apply Core Competency Assessment)

  • Ju Hyun Jeon
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.4
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    • pp.233-238
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    • 2023
  • In the Fourth Industrial Revolution era, creative ideas are creating enormous value. This study conducted a case study on curriculum management plans aimed at protecting ideas and their results, recognizing the importance of intellectual property (IP), and cultivating basic knowledge about intellectual property. In particular, this study looked at ways to quickly learn related issues regarding new intellectual property rights related to computer software and artificial intelligence. In addition, research was conducted on ways to learn about efficient protection and utilization of inventions through actual examples. This study checked the importance and necessity of the interaction and communication between instructors and learners through the status of distance learning in domestic universities and a case study of distance learning of convergence subjects. We aim to continuously research effective class management methods and contribute to academic development through case studies of convergence subjects.

A Modern Meaning of Worker's Equal Rights to Share Profits of Private Companies in the first Korean Constitution of 1948 (제헌헌법상(制憲憲法上) 이익균점권(利益均霑權)의 현대적(現代的) 의미(意味))

  • Shin, Jae-Myung
    • Journal of the Korea society of information convergence
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    • v.7 no.2
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    • pp.41-48
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    • 2014
  • Capitalism of altitude in modern society has brought a brilliant development of human civilization. But there is a side effect of capitalism. It is just such as alienation of labor, polarization. The need to consider the worker's equal rights to share profits of private companies in the first Korean Constitution of 1948 is to mitigate the adverse effects of this capitalism. It is considered that the present government aims at "economic democracy" slogan and also be matched. The worker's equal rights to share profits of private companies means the distribution rights of workers to receive excess profits of the company. The review of these worker's equal rights to share profits of private companies is thought very meaningful.

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National Health Insurance and the Responsibility of the Parliament (국민건강보험과 의회의 책임성)

  • Lee, Shin-Yong
    • Korean Journal of Social Welfare
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    • v.60 no.3
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    • pp.201-230
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    • 2008
  • While the constitutional states emerged in the period of the constitutional monarchies to protect freedom and property of citizens from a illegal trespass of monarchs, the passive role of the constitutional states to protect them was changed in the modern parliamentary democracy in which the state is to play an active role to realize the basic rights. Today the state giving chances and social benefits to citizens plays a very important role so that the people may to enjoy a free life as a citizen. In the modern parliamentary democracy the role of the state, therefore, is transformed form passive roles to active ones realizing the basic rights for citizens. The active role of the state to embody the basic rights asks the parliament to bear more the responsibility for making laws than ever before. In the modern welfare state social rights are also recognized as a basic right. In this sense the parliament should play a active role to realize the social rights. But the Korean parliament excessively turns over his legislative right on the basis of a delegated legislation to the Administration. It does not fulfill its responsibility for which the modern parliamentary democracy asks. To realize the social rights the Korean parliament should play a more active role.

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Study on the Development of Smart Charger Design for Strengthening Technology of Small and Medium Technology (중소기업 기술 강화를 위한 스마트 충전기 디자인개발에 관한 연구)

  • Yoon, Myung-Han
    • The Journal of the Korea Contents Association
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    • v.18 no.6
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    • pp.102-112
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    • 2018
  • This study, energy saving technology development is desperately needed and the energy efficiency through improved environmental impact by minimizing economic raw materials and subsidiary materials can lead to reductions in local Small Business at the heart of the new technology in the background, product design and development. That's about technology, strengthen and broaden the design patent right infringement of its competitors by gaining a global corporate foundation of development research. In order for companies to develop diagnostic analysis and key technology analysis and evaluation of progress on the scope of rights through the development of new technologies to diagnose and design rights and the extent and design rights infringement and design development since the company's growth analysis. Integration of the design development and the core technologies of the company will be the core of national industrial competitiveness of small businesses and by securing and creating the knowledge-based rights, fusion link that can grow into compatibility business is much more need in a difficult economy.