• Title/Summary/Keyword: Property Rights

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Effects of Intellectual Property Rights Protection on Services Export Diversification in Developing Countries

  • SENA KIMM GNANGNON
    • KDI Journal of Economic Policy
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    • v.46 no.1
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    • pp.53-89
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    • 2024
  • The effects of the betterment of enforced intellectual property rights (IPRs) provisions on services export diversification are investigated. The analysis used an unbalanced panel dataset of 76 developing countries over the period of 1970-2014. The empirical analysis is based on the feasible generalized least squares estimator. It suggests that the implementation of weaker IPR protection fosters services export diversification in less developed countries (i.e., those whose real per capita incomes are less than US$US$ 1458.60), including those with a low level of export product upgrading. Conversely, in relatively advanced developing countries (countries whose real per capita income exceeds US$ 3356.80), including those with high levels of export product upgrading, the implementation of stronger IPR laws induces greater services export diversification. Finally, the analysis revealed the existence of a non-linear relationship between IPR protection and services export diversification. The implementation of stronger intellectual property laws spurs services export diversification in countries with high degree of IPR protection, especially when IPR protection exceeds a certain level, recorded here as having a score of 1.197. In contrast, in countries with weaker IPR protection, in particular those with IPR protection levels that score less than 0.915, it is rather the implementation of weaker intellectual property laws that promotes services export diversification.

A Study on the Time of Passing of Property in the International Sale of Goods (국제물품매매계약상 운송물품의 소유권이전시기에 관한 연구)

  • Chung, Jae-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.3-31
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    • 2010
  • The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

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Metabus culture and intellectual property. (메타버스 문화와 지적재산)

  • Seok, yeonseon;Kim, Soo dong;Kim, Deok min;Bae, Shin hoon;Jeong, Hyung won
    • Journal of Integrative Natural Science
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    • v.15 no.1
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    • pp.27-36
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    • 2022
  • Metabus, currently represented by Second Life on the Internet, is the next-generation 3DCG Internet world in which the 2D Internet world has evolved, and has grown as a new ICT culture of mankind that can replace real society with virtual society. As such, the reason why the world of metabus has rapidly expanded is that the era of 3D Internet has arrived due to the evolution of the Internet, which only used information, and the spread of 5G communication in user-participating WEB. However, there are many situations in which laws do not exist in this virtual world and various illegal acts occur. As the Internet culture developed earlier, illegal activities by users began to appear, and as the legal responsibility of Internet providers was discussed, mankind quickly passed the Millennium Copyright Act or introduced new copyright protection measures such as technical protection, transmission rights, and rights management information. Therefore, this paper reviews and studies how to accept and further grow this new metabus culture, including the viewpoint of intellectual property.

지적재산의 취득과 실시에 관한 경쟁정책 : 기술혁신 시장 이론

  • 권용수
    • Proceedings of the Technology Innovation Conference
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    • 1996.12a
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    • pp.196-238
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    • 1996
  • Because global innovation-based competition is increasing and the amount of R&D expenditures becomes severely large, it is more likely that mergers and collaborative ventures tend to affect adversely to R&D competition Against this trend, enforcing agency of advanced countries including U.S.A are reassessing certain aspects of competition policy toward mergers and acquisition to ensure that procompetitive, efficiency-enhancing transactions are permitted. The role of competition policy is developing and appropriating new technology and protects the risks involved in the licensing contract of technologies. The role of intellectual property rights is also contrived to promote technological innovation and to increase consumer welfare. That is to say, dynamic efficiency of intellectual property rights includes (l) increase in social welfare and (2) promotion of growth by improvement of quality through invention and commercialization of new product as well as enhanced productive efficiency thorough appropriating new process. Because intellectual property rights are licensed to make use of complementary inputs, the rule of reason approach seems proper when applying antitrust law. To analyze the "Antitrust Guidelines for the Licensing and Acquisition of Intellectual Property"by DOJ and FTC in U.S.A, the author surveyed pros and cons on innovation market approach. This approach will only be used in a narrow range of situations when the evidence is solid, concentration numbers are extremely high, and the agencies can predict with a high degree of certainty that the merger will likely lead either to a slowing in the pace of innovation or the loss of an alternative research track that is likely to lead to a product beneficial to consumers. The author introduces the studies on licensing contract of intellectual property rights and competition polices on behalf of potential inquirers. Also the author invites the interdisciplinary researchers to analyze further with a model on the aspects of the "Notice 1995-10 for Types and Criteria on Unfair Transaction Behavior in International Contracts" by Fair Trade Committee of Korea.

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Deconstructing Global Intellectual Property Rights Regimes over Biodiversity (생물다양성과 지적재산권, 그리고 국제통상에 관한 지리학적 고찰)

  • Kim Sook-Jin
    • Journal of the Korean Geographical Society
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    • v.41 no.2 s.113
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    • pp.195-211
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    • 2006
  • During the 1986-1994 Uruguay Round negotiations under the General Agreement on Trade and Tariffs (later World Trade Organization), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was adopted by participating countries. TRIPS has not only allowed intellectual property to be introduced into international trade arenas, but also extended the scope of protection to biodiversity such as plant genetic material, arguing that intellectual property rights (IPRs) would help conserve biodiversity. In this paper, I aim to deconstruct the global IPRs regimes over biodiversity by adopting geographers' sensitivity to place and scale as an analytical window. By investigating how all the issues regarding IPRs over biodiversity that are raised by diverse disciplines, such as environmental ethics, environmental economics and political economy approach, are scale-related, I demonstrate how biodiversity IPRs, and its introduction into international trade agreements, though separate issues with no inevitable relationship to one another, have been put together for the construction of global IPRs regimes. I argue that the notion on the construction of scale (i.e., rhetorical and discursive construct of globalization) can contribute to revealing how fragile global environmental conservation regimes are.

The Effects of the Revision of Intellectual Property Rights-relevant Laws based on the FTA between the Republic of Korea and the United States (한미 자유무역협정에 따른 지적재산권 관련 법률개정의 효과)

  • Jung, Young-Jae;Park, Hwie-Seo
    • Journal of the Korea Society of Computer and Information
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    • v.14 no.8
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    • pp.137-144
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    • 2009
  • On July 23th, 2009, the newly-revised copyright law was reflected the free trade agreement which occurred between the United States and the Republic of Korea. The agreement is expected to have positive effects such as competition as well as the social efficiency in the field of intellectual property. Nevertheless, Korean government should pay much costs, Therefore, we should minimize the cost in a short run and maximize the benefits we could obtain out of the agreement in a long run. However, we are not prepared to improve economic value of the intellectual property rights. Specifically, it should be noted that the aspects of law execution to protect not only the intellectual property rights. If we manage to get the utmost out of the agreement, we could be going through the transition from a consumer nation of intellectual properties to a producer nation.

Case Study of Intellectual Property Rights of Pre-service Teachers through Convergence Capstone Design Class (전문대학 예비유아교사 융합형 캡스톤디자인 수업을 통한 지식재산권 연계 사례 연구)

  • Ko, Eun Mi;Park, Young Sin
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.6
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    • pp.833-841
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    • 2023
  • The study is to suggest the example of convergence capstone design operation in department of early childhood education at a college and intellectual property rights application and registration. Based on key experiences such as practical training, students derived ideas for solving problems across the field related to young child, and overlaps with existing intellectual property rights ideas were verified. Linkage with industry and engineering experts was established for mentoring, after going through a refinement process, it contains the process by which five teams among the winning works of the school competition achieved the result of patent application and registration. Through this, we revitalize convergence capstone design education that goes beyond a creative and practical competency-centered curriculum and is linked to the performance of securing intellectual property rights.

The role of Patent on Foreign Direct Investment: Evidence in Vietnam

  • PHAM, Nga Thi;PHAM, Huong Thi Thu
    • Journal of Distribution Science
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    • v.18 no.6
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    • pp.77-82
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    • 2020
  • Purpose: In the period of international integration, how is the implementation of intellectual property regulation in developing countries? Do intellectual property rights help attract more Foreign direct investment (FDI)? This study aims to show the effect of intellectual property rights, reflect in the number of patent registered (Patent distribution into two components: Patent_residents and Patent_non-residents) on FDI attraction in Vietnam. Research design, data and methodology: Using Autoregressive distributed lag (ARDL) model for the data collected from 1990 to 2018 with EViews version 9 software. Conclusions: The results indicate that the number of patent protection has a positive effect on FDI in both short term and long term. In particular, only patent registration of foreign individuals and organizations has a significant positive effect on attracting FDI, while that of Vietnamese patents is not statistically significant. From the results of this study, we provide some recommendations to help attract FDI based on raising awareness of intellectual property rights: Increase international cooperation for innovation to learn and encourage patent; Improve the capac ity of inventing as well as the ability to register patents of Vietnamese people; Government agencies are tasked to support a nd review registration procedures; Encouraging patent registration based on the patent.

The Role of Intellectual Property Rights for Conserving Biological Diversity - Patent Law Treaty for Protecting Genetic Resources and Traditional Knowledge - (생물다양성보전을 위한 지적재산권의 역할 연구 - 유전자원과 전통지식 보호를 위한 특허법의 역할 중심으로 -)

  • Kang, Gil-Mo;Yeom, Jae-Ho;Doh, Seong-Jae;Lee, C. Mi-Jin;Kwon, Suk-Jae
    • Ocean and Polar Research
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    • v.29 no.1
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    • pp.43-53
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    • 2007
  • Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.