• Title/Summary/Keyword: Protection of Property Right

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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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A Study on the Copyright Survey for Design Protection in Metaverse Period

  • Kim, Gokmi;Jeon, Ju Hyun
    • International journal of advanced smart convergence
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    • v.10 no.3
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    • pp.181-186
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    • 2021
  • Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

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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Study on the Legal Protection of Sports Organizer's Profit and Introduction of Intellectual Property Right (경기주최자의 재산적 이익의 법적 보호방안과 지식재산권 도입론)

  • Lee, Sung-Un
    • Journal of Legislation Research
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    • no.54
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    • pp.345-382
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    • 2018
  • Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

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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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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A Study on Package Design of Intellectual Property Protection Programs -a focus on trademark and registration of design- (패키지디자인의 법적보호에 관한 연구 -의장 및 상표등록을 중심으로-)

  • Yang, Cho-San
    • Archives of design research
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    • v.17 no.4
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    • pp.27-36
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    • 2004
  • The protection of intellectual property right in international conventions are worldwide or regional areas already exists a century. Therefore, our country is positive affiliated with international conventions. After that time, such as a violation of international convention and an example of imitations are continually that we prognosticate the international trade market activities was difficult not only became an issue of country credit risk. At this point, the major purpose of this study make an analysis of both paralleled with the case study follow an example and the comprehension with concerned about recognition of intellectual property right. In additionally, it stands a plan of package design protections under the WTO systems. This study have carried out a theoretical and practical analysis of intellectual property right and statistical analysis through the inside and outside of the country packaging design study and a case study of troubles with intellectual property. Besides, it is accomplish the purpose of the study that established exploratory study survey about inside and outside of the country packaging design infringement case study and relative package design industry employees with consumptions real research. I hoped that this study will be a foundation on which packaging, design industry protections to intellectual property right.

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A Study for International Standardization of China Arbitration System (중국중재제도의 국제표준화에 대한 연구)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.117-138
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    • 2008
  • This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

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The Legal Protestation for Interior Design and Protection Status of Interior Design - A Comparative Study : Design Protection and Trademarks for Interior Design between ROK and U.S.A. - (실내디자인 보호체계 및 현황에 관한 연구 - 미국과 한국의 디자인 및 상표등록 사례비교를 중심으로 -)

  • Ryu, Hojeong;Ha, Mikyoung
    • Korean Institute of Interior Design Journal
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    • v.23 no.3
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    • pp.134-143
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    • 2014
  • The protection of Design is very important issues in these days. Even though Interior Design is also one of important design sections, it is relatively unprotected by formal intellectual property laws, yet creativity and innovation flourish. The needs for protection of Interior Design have been creased. The aim of this study is to suggest the weakness of the system for protection of Interior Design. The proposed research is comprised of two themes. One is to research Acts related to protection of Interior Design. The second is to study the registered cases under the Design Protection Acts. These two theme is generated by the comparative review between ROK and U.S.A. Through these comparative results, this study propose some considerations for an effective protection for Interior Design. Design need to be registered in the hole image of the space not a partial element. The concept needs to be protected because it is more effective way to respond the copying. Exterior for facade and Interior Design need to be registered in one registration to use the protection system actively.

Value Articulation Strategy of Media and Content Company: Mainly Focused on Iconix's Animation 'Pororo' Case (미디어 콘텐츠 기업의 무형자산 중심 지식재산 가치 연결 전략: 아이코닉스 애니메이션 뽀로로에 대한 탐색적 사례연구)

  • Ko, Young-Hee;Lee, Seo-Hyun
    • Knowledge Management Research
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    • v.17 no.3
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    • pp.181-206
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    • 2016
  • Under the influence of growing popularity of "hallyu" (Korean wave), corporates that have copyrights such as music, movie, drama as their core competitiveness are showing continuing growth. In Addition, they built on contents are rapidly growing, interests in protection and management of intellectual property rights linked to contents are growing. Global contents development corporates are making great efforts to create profits out of copyrights. They could utilize original contents to strengthen brand value use it to produce additional contents in current market. Also they take advantage of existing storyline of the contents and strong brand to explore new markets. This paper looks into Value articulation model by Professor James Conley and analyzed the firms that utilized intellectual property rights to extend the period of protection, strengthen their competitiveness and succeeded in breaking into new market by using the rights they possess. Also, this paper examines the usage of intellectual property rights and business expansion strategy of of Iconix, the Korean entertainment company, which gained tremendous popularity in last ten years using this model. In Value articulation model, Conley classifies the process of exploiting the portfolio of the single product's(or service's) intellectual property right for a period of time into three stages ; value transference, value translation, value transportation. Pororo's strategy of utilizing intellectual property right is suggestive to domestic entertainment companies. Under the influence of hallyu" (Korean wave), domestic contents such as movies, dramas and music are enjoying the high level of popularity recently not to mention animations. In reality, Korean entertainment companies who have no background or experience of Intellectual property rights are not creating enough added values compared to fast growing market. It is believed Iconix's intellectual property rights management strategy will suggest positive aspects to domestic companies. Moreover, I hope various intellectual property rights management strategies including Conley's value articulation are studied and they can make contributions to managing domestic entertainment companies.