• Title/Summary/Keyword: Property right

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A Study on Arbitration Qualification of Intellectual Property Right Dispute - Focus on Korea and China - (지적재산권분쟁의 중재적격에 관한 연구 -한국과 중국을 중심으로-)

  • Choi, Song-Za
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.27-46
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    • 2011
  • In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

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Comparative Analysis on Author's Property Right Limitation in North & South Korea (남북한 저작재산권 권리제한에 관한 비교 분석)

  • Lee, Chan-Do
    • The Journal of the Korea Contents Association
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    • v.17 no.3
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    • pp.138-149
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    • 2017
  • The objective of this study was to investigate and analyze the problems on 'System for Author's Property Right Limitation' in the North Korean Copyright Law. The NK Copyright Law had applied the international standards superficially, it may not be considered to get out of the grand frame of NK system. Especially, it is different that there is lack or short of contents on transfer, disposition, succession, trust, and so on for Author's Property Right. For example, free usages of Literary Works upon the NK law of Author's Property Right were described as 9 cases including copy and translation for personal purpose; copy in the library, etc. However, there are many insufficient items in view of international standards among the cases, showing omissions of critical terminology such as publications of literary works, purpose of usage, scope of usage, etc. Therefore, the NK law of Author's Property Right is interpreted not to be satisfied with the requirements for the law of Author's Property Right but to be legalized in terms of external announcement, and it seems not to be considered as the Author's Property Right Law with general standards enough to demonstrate the creativity freely.

NORMALITY ON JACOBSON AND NIL RADICALS

  • Kim, Dong Hwa;Yun, Sang Jo
    • Communications of the Korean Mathematical Society
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    • v.34 no.1
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    • pp.127-136
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    • 2019
  • This article concerns the normal property of elements on Jacobson and nil radicals which are generalizations of commutativity. A ring is said to be right njr if it satisfies the normal property on the Jacobson radical. Similarly a ring is said to be right nunr (resp., right nlnr) if it satisfies the normal property on the upper (resp., lower) nilradical. We investigate the relations between right duo property and the normality on Jacobson (nil) radicals. Related examples are investigated in the procedure of studying the structures of right njr, nunr, and nlnr rings.

A Study on the Mobile Commerce Technology Trend and Analysis of Advanced Patents (무선 전자상거래 기술동향 및 선진 특허분석)

  • 김윤기;강치원;정회경
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.6 no.6
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    • pp.805-811
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    • 2002
  • According to progressing the If(Information Technology), Mobile Commerce have been activated. Hut all kind of theses information is limited in thesis and report. Recently importance of Intellectual Property Right is emphasized and it's very demanded to study for it. Therefore, this thesis will investigate a tendency about Mobile Commerce and Intellectual property Right which is related it. Then it will be presented the way for ensuring the Intellectual Property Right in next generation through seeking a way for guaranteeing Intellectual Property Right of Domestic.

DUO RING PROPERTY RESTRICTED TO GROUPS OF UNITS

  • Han, Juncheol;Lee, Yang;Park, Sangwon
    • Journal of the Korean Mathematical Society
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    • v.52 no.3
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    • pp.489-501
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    • 2015
  • We study the structure of right duo ring property when it is restricted within the group of units, and introduce the concept of right unit-duo. This newly introduced property is first observed to be not left-right symmetric, and we examine several conditions to ensure the symmetry. Right unit-duo rings are next proved to be Abelian, by help of which the class of noncommutative right unit-duo rings of minimal order is completely determined up to isomorphism. We also investigate some properties of right unit-duo rings which are concerned with annihilating conditions.

NILPOTENT-DUO PROPERTY ON POWERS

  • Kim, Dong Hwa
    • Communications of the Korean Mathematical Society
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    • v.33 no.4
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    • pp.1103-1112
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    • 2018
  • We study the structure of a generalization of right nilpotent-duo rings in relation with powers of elements. Such a ring property is said to be weakly right nilpotent-duo. We find connections between weakly right nilpotent-duo and weakly right duo rings, in several algebraic situations which have roles in ring theory. We also observe properties of weakly right nilpotent-duo rings in relation with their subrings and extensions.

An Empirical Study on the Effect of Protection of Property Right on Foreign Direct Investment - Focused on US. Multinational Corporations - (지적재산권 보호가 해외직접투자 유입에 미치는 영향에 관한 실증연구 - 미국 다국적기업을 중심으로 -)

  • Kang, Seok-Min
    • Management & Information Systems Review
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    • v.33 no.3
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    • pp.21-33
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    • 2014
  • This study investigated the effect of protection of property right on foreign direct investment. With the US. multinational corporations over the periods from 2000 to 2008, this study used the FEM and system GMM, and found that the change of protection of property right level positively affects attracting foreign direct investment while protection of property right level itself does not. In the analyses on high income and low income countries(by income level), only the change of protection of property right level positively affects attracting foreign direct investment in low income countries. In considering the problem of heteroscedasticity on the error term, this study used FGLS and PCSE estimation methods. It is reported that the change of protection of property right level positively affects attracting foreign direct investment while protection of property right level itself does not. And only the change of protection of property right level positively affects attracting foreign direct investment in low income countries. This result means the change of protection of property right level is a key determinant to attract foreign direct investment.

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지적재산권의 역사적 연원- 저작권과 특허를 중심으로 -

  • 황혜선
    • Journal of Korean Library and Information Science Society
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    • v.20
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    • pp.455-470
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    • 1993
  • In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.

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Weakly Right IQNN Rings

  • Yang Lee;Sang Bok Nam;Zhelin Piao
    • Kyungpook Mathematical Journal
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    • v.63 no.2
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    • pp.175-186
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    • 2023
  • In this article we look at the property of a 2 by 2 full matrix ring over the ring of integers, of being weakly right IQNN. This generalisation of the property of being right IQNN arises from products of idempotents and nilpotents. We shown that it is, indeed, a proper generalization of right IQNN. We consider the property of beign weakly right IQNN in relation to several kinds of factorizations of a free algebra in two indeterminates over the ring of integers modulo 2.

Discrimination of Private Property Right Protection in the U.S. Urban Regeneration Projects: A Perspective of Legal Geography (미국 도시재생사업과 사유재산권 보호의 차별 - 법제지리학의 관점 -)

  • Kim, Yong-Chang
    • Journal of the Korean Geographical Society
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    • v.47 no.2
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    • pp.245-267
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    • 2012
  • This paper analyzes the discrimination of private property right protection in urban regeneration projects that is implemented by eminent domain based on public use in the United States. In spite of urban regeneration projects which depends on property condemnation for public use as a coercive power, it is executed on the discrimination of property right and sacrifice of the social disadvantages that transfer property from these private party to another big capitals and private developers. At first this paper investigates research trends in urban regeneration within the framework of multidisciplinary approach and suggests legal geographical perspective as a new research field. Next I figure out current state, types and numbers of brownfields site with the EPA and GAO data, and define these sites as results of deindustrialization and suburbanization process. Finally this paper uncover that the discrimination process of private property right is due to complex actions of expansion of public use concept in the U.S. Supreme Court from public ownership to economic public use, privatization of eminent domain, growth coalition regime and business friendly policy focused on economic development, class and racial bias, neoliberal movements of property right reform.

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