• Asia-Pacific Journal of Business
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• v.12 no.3
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• pp.87-99
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• 2021

Purpose - In this study, I attempt to clarify three theories of firm boundaries (vertical integration): the principal-agent theory, transaction cost theory, and property rights theory. Although these theories have been widely cited and much discussed, it has been found that understanding the commonalities and distinctions of these seemingly familiar theories is difficult. Design/methodology/approach - I present the three theories about the decisions that firms make concerning their boundaries. Then, I compare elemental versions of the theories of the firm. Findings - Comparing the ingredients of the elemental property rights and principal-agent theories shows that they provide a unified account of the costs and benefits of vertical integration. However, the property rights theory in no sense formalizes the transaction cost theory. Research implications or Originality - Clarifying the three theories of the firm can help to construct empirical models and interpret its results.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.12 no.2
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• pp.31-47
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• 2001

From the viewpoint of Information Ethics. I tried to examine the moral justification of Intellectual Property Rights in the age of the digital information society. Lockian traditional argument of property rights which is based on the value of labor and Hegelian theory of personalization, both are not enough to justify the new Intellectual Property Rights. The notions of Intellectual Property Rights are to be changed. One change is from the absolute dominion over material property to the limited dominion over intellectual property. The change from property rights to process control rights is the other. To protect these intellectual property rights, there are three possible protection devices that we might take - legal protection, technical protection and moral protection. I argued that both legal and technical protection have some limitations, so the final way to protect the IP rights is to attempt to establish the moral protection as a fundamental solution.

• International Commerce and Information Review
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• v.6 no.1
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• pp.249-265
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• 2004

In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

• The KIPS Transactions:PartD
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• v.8D no.5
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• pp.613-622
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• 2001

As logistic environment of digital resources is rapidly changing, protection of the intellectual property for digital resources has been recognized as one of important issues. Digital Rights Management (DRM) has taken much interests from ISP, authors and publishers of digital content as an integrated approach to create a reliable environment for access and the use of digital resource. In this paper we proposed a dynamic digital rights management system based on adaptive agent theory (ARPA : Adaptive Resource Protection Agent) to address problems facing contemporary DRM approaches : static rights management problem solving and strengthened monitoring/tracking system. We introduced a dynamic mission control scheme to realize dynamic digital rights management. We incorporated adaptive agent theory to implement on-and off-line tracking and protection. Through the implementation of protype system, the process, the process dynamic digital rights protection will be demonstrated.

• Journal of Information Science Theory and Practice
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• v.4 no.2
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• pp.53-65
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• 2016

The authors in this paper aim to identify the growth of literature on Intellectual Property Rights (IPRs). The research publications on IPRs were downloaded from the Scopus online citation database and the authors found that there were 1,513,138 records contributed globally over a period of 10 years from 2005 to 2014. The distribution of publications based on the year, country, and document type were studied. Relative growth rate (RGR) of the publications and doubling time (T_d) were calculated. Most productive organizations, source titles, and the productive authors on IPR research were studied. Most cited articles in the study area were identified. The results show that a number of publications under the subjects Medicine and Engineering were produced. The developed countries are very active in IPR research and producing publications. It is found that one institution which holds the sixth place among the top 10 most productive institutions belongs to Brazil, a developing country. Two developing countries such as China and India hold second and tenth positions respectively in the top 10 countries contributing literature on IPRs.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.3 no.3
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• pp.485-499
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• 1999

Auctions are appealing market-type mechanisms because they can be deployed to solve the twin problems of resources pricing and allocation. Nonetheless the effectiveness of an auction mechanism in radio spectrum property rights should not be taken for granted. Policymakers need to be aware of the complexity of introducing market discipline in an area where none existed before. Auction design is critical to the success of the allocation process. However, a poorly designed auction mechanism can have detrimental effects on the spectrum rights allocation process. This study discusses some of the key elements and issues of auction design of radio spectrum rights for its efficient allocation. Particularly this study discusses, based on the existing auction theory and other countries' experiences, such issues as bidding rule, value interdependency and sequence of auction, information structure and asymmetric bidder, and wealth constraints and imperfect capital market.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.57-64
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• 2022

This scientific article is devoted to the study of the legal significance of such a category of legal status of the purchaser of another's thing, as its good faith. The essence of this phenomenon has been studied, it has been established that the criterion of good faith attaches significant importance to the claims of the participants of these relations for the acquisition or preservation of private property rights. The paper emphasizes that, in addition to the importance of good conscience at the time of possession of another's thing, which gives legal certainty the possibility of registration of the title and is part of the actual composition for the acquisition of property or the right of ancient possession, bona fides also characterizes the behavior of the occupier. In this case, good conscience only has some legal consequences when it is opposed to subjective law. Under such conditions, it acquires direct legal significance, including as a condition for the acquisition and protection of rights. Good faith possession of another's property is an internal indicator of the subject's awareness of a certain property status. This sense, the article assesses this status from the standpoint of the scientific concept of the visibility of law. According to this theory, prescription is also considered as a consequence of the appearance of law, however, because it arises and lasts against the will of the parties and despite their awareness of this fact. Therefore, bona fide continuous and open possession of property as one's own, during the acquisition period, was most significantly associated with the appearance of property. Therefore, the concept of good faith, in the sense of personal perception of real values, is closely related to the principle of protection of the appearance of law, as it is aimed at understanding it by third parties. The paper notes certain differences in the application of the theory of the appearance of the right in the acquisition of property by a bona fide purchaser from an unauthorized alienator and the acquisitive prescription. It is emphasized that such a mechanism must be used in presuming the attitude to the thing as its own, by the holder of movable property. But there should be exceptions to the rule, in particular, if the owner has grounds for vindication of the thing.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• International Journal of Computer Science & Network Security
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• v.22 no.1
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• pp.300-304
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• 2022

The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

• International Journal of Naval Architecture and Ocean Engineering
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• v.7 no.5
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• pp.785-794
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• 2015

To obtain low resistance and high efficiency energy-saving ship, minimum total resistance hull form design method is studied based on potential flow theory of wave-making resistance and considering the effects of tail viscous separation. With the sum of wave resistance and viscous resistance as objective functions and the parameters of B-Spline function as design variables, mathematical models are built using Nonlinear Programming Method (NLP) ensuring the basic limit of displacement and considering rear viscous separation. We develop ship lines optimization procedures with intellectual property rights. Series60 is used as parent ship in optimization design to obtain improved ship (Series60-1) theoretically. Then drag tests for the improved ship (Series60-1) is made to get the actual minimum total resistance hull form.