• International Journal of Computer Science & Network Security
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• 제21권5호
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• pp.237-242
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• 2021

The article deals with the problematic issues of defining information as an object of private relations. Definitions that they are intangible and non-consumable by nature, are inextricably linked to a specific material carrier are/or secured by the subject that transmits them, messages, and information that have quantitative and qualitative characteristics, and are capable of having a freight or another value, and in case of its illegal usage causing damage and moral harm.

• 무역상무연구
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• 제52권
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• pp.3-22
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• 2011

This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

• 정보처리학회논문지C
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• 제11C권1호
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• pp.55-62
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• 2004

웹 기술의 발전에 따라 누구나 인터넷을 통하여 다양한 종류의 정보와 미디어를 액세스할 수 있게 되었으나 이러한 접근은 저작권과 소유권 침해를 유발할 수 있다. 콘텐츠가 다운 로드된 이후에 콘텐츠를 보호할 수 있는 방안으로 콘텐츠에 대한 저작권을 보호하기 위해 DRM(Digital Rights Management) 기술이 연구되고 있는 상태이다. 본 논문에서는 인터넷 상에서 라이센스를 기반으로 하여 창조자, 배포자, 구매자 같은 유통단계의 각 참여자의 디지털 콘텐츠에 대한 저작권을 보호할 수 있는 시스템을 제안한다. 기존의 DRM 시스템이 배포자와 구매자사이의 유통을 지원하는 반면 본 시스템은 창조자에서 구매자로 이어지는 모든 유통 체인을 온라인으로 처리한다.

• 한국지역사회생활과학회지
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• 제17권4호
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• pp.15-27
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• 2006

Most countries recognize traditional knowledge as an economical resource in recent years, and so are actively participating in WIPO discussions for making sure of their intellectual property rights. In this study, the definition of traditional knowledge was discussed for making clear its categories and relative subjects. A tool for Korean Traditional Knowledge Resource Classification(KTKRC) was developed for putting the data of the resources in order, and was indispensable for searching for and examining cultural artifacts within the system of international intellectual property rights. KTKRC covers comprehensively our various traditional knowledge resources and has a similar structure to IPC for international searching, examining, and information exchange. KTKRC consists of a section of traditional knowledge(A), and three subsections: production technology(A0), living technology(A2) and creative technology(A4). The subsections include 8 classes, 28 subclasses, 105 groups, and a great number of subgroups.

• 수산해양교육연구
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• 제17권3호
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• pp.340-360
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• 2005

Fishery resource rents(i.e. windfall gains or excess profit), which tend to lead a variety of important economic, social, political problems, have been a fundamental cause of unbalance between fishery resource use and management. Thus, there may exist several sorts of optimal level of resource utilization such as economic maximum sustainable yield, biological maximum sustainable yield, social optimum production, socio-political optimum yield, etc. The fishery resource use level seems to a large extent to be determined by the characteristics of fishermen's rent seeking structure. As well known, fishery resources as common properties have a characteristic of being difficult to establish private property rights. Therefore, their use rights are controlled by the permit and/or the license system. As a result, absolute or differential rents are formed by the changes in institutional arrangements. Rent problems are often transformed into serious socio-political issues when the rent in a given industry is much higher to a socially unacceptable extent than the average of other industries. However, individual fishermen or fishermen's groups tend to behave aggressively to change the existing fishery institutions towards maximizing fishery rents. These rent-seeking behaviors often tend to nullify fishery management schemes. The larger is the relative rent difference between fisheries and other industries, the more aggressive tend to be the rent-seeking behaviors in fisheries.

• 무역상무연구
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• 제61권
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• 한국지하수토양환경학회지:지하수토양환경
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• 제28권6호
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• pp.1-8
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• 2023

In order to efficiently manage groundwater resources, it is necessary to establish clear definition about the rights to use groundwater because it directly governs the interests of various stakeholders, from users to policy makers. In this paper, we examined the characteristics of Korea's rights to use groundwater through legal precedents, public recognition, laws, and institutional stipulaton. Inclarity about the scope and definition of the right, and the absence of legal basis ruling the exclusion and duration of groundwater use have entailed numerous cases of legal disputes between the parties with incompetible interests. In the perception survey, various responses were obtained from the surveyee regarding the scope of rights perceived by groundwater users, how to respond to groundwater shortages, and opinions about expanding public uses of groundwater. In Korea, the legal authority to use groundwater is governed by different laws while considering groundwater as both private and public property. In foreign countires, the right to use water is separated from property ownership, and it limits the volume and pumping rate of groundwater during a specified period. In order to better manage groundwater resources, it is necessary to come up with a public consensus on the right to use groundwater by considering the opinions of various stakeholders and accomodating them in adminstrative effort in directing groundwater management.

• 통상정보연구
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• 제16권4호
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• pp.79-102
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• 2014

병행수입은 진정상품을 제3자가 국내의 상표권자 또는 전용사용권자의 허락 없이 수입하는 행위를 말한다. 이는 국가 간 가격 차이에 의해서 발생하게 되고 일반적으로 국제무역과 지적재산권에 영향을 주게 된다. 본 논문은 한국과 중국의 병행수입제도에 대해 특허권, 상표권, 저작권 등 지적재산권법을 중심으로 살펴보고 양국의 병행수입 허용여부와 그 기준을 비교분석한다. 양국 모두 지적재산권법 상에서 병행수입제도를 규정하고 있지 않으나 법원의 판례를 통해 병행수입이 허용되고 있다. 중국은 특히 상표법과 저작권법과 달리 특허법상에 병행수입의 이론의 근거가 되는 권리소진에 대해 최초로 규정하고 있다. 한국은 권리소진에 대한 규정 또한 두고 있지 않지만 관세청고시를 통해 병행수입의 허용과 상표에 있어서 그 기준을 고시하고 있다. 그러나 양국의 이러한 규정은 병행수입의 지적재산권 침해 여부의 실체법적인 기준이 되지 못하는 한계가 있다. 향후 양국에 있어 병행수입이 더욱 확대될 것으로 예상될 때 무역마찰을 피하고 지적재산권을 보호하기 위해 이에 대한 대책이 필요하다. 즉 지적재산권법상 병행수입에 대한 정의, 절차, 책임문제와 상대방의 구제 등에 대한 규정이 마련되어야 할 것이며, 병행수입의 활성화를 위해 독점수입대리점의 권리남용을 억제할 수 있어야 하고 소비자 보호를 위한 사후서비스 관리 등의 조치가 필요하다. 나아가 병행수입에 대한 양국의 실무적인 논의의 장이 마련될 수 있도록 하여야 할 것이다.

• Journal of Communications and Networks
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• 제8권2호
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• pp.144-150
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• 2006

A serious problem with traditional 'command & control' spectrum management techniques is that they do not easily accommodate new technologies and new services. This paper describes the necessary principles of flexible-use spectrum rights which may allow a wide variety of spectrum uses in a single general-purpose band. Based on the electrospace description of the radio spectrum, these principles allow general aggregation or division of licensed electrospace regions via secondary markets, providing rules for how regulatory limits change under aggregation or division. These flexible-use principles limit transmitter behaviors that tend to create a more difficult operating environment for receivers, while making receivers responsible for handling any remaining interference. The author shows how flexible-use principles could provide a basis for real-world flexible-use frequency bands.

• 한국중재학회지:중재연구
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• 제18권3호
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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.