• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.7 no.3
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• pp.1-9
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• 2017

Financial instruments are economic and intangible assets that bring financial company tremendous economic returns when it is a success. Also, It is necessary to protect this because it is a product of effort made by a lot of human resources and materials. However, legal and institutional devices for financial instruments are insufficient currently and 'copying practices' are rampant throughout the industry in korea. This ultimately inhibits the utility and welfare of consumers, but also adversely affects the competitiveness of the financial industry. In order to finance innovation that new financial products and services have appeared, it is necessary to grant the appropriate rights, such as intellectual property rights of financial instruments. And, there is a need for measures to protect it. Thus, this study proposed new way protecting the financial instruments through Intellectual property right. It is the introduction of similar protection system to financial instruments, such as mechanisms that protect database producers in copyright law.

• International Journal of Computer Science & Network Security
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• v.22 no.2
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• pp.424-435
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• 2022

When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.1013-1032
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• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

• 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.

• Proceedings of the Korea Society of Costume Conference
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• 2003.10a
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• pp.75-75
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• 2003

The distinctive design of apparel product is the crucial factor that provides the powerful competitive advantage and customer satisfaction. However, knock-offs or copycats easily copy the design of apparel product and its problem tends to be assented in real world. Design right is one of intellectual property rights that would be produced by intellectual activity and the appropriate means to establish the exclusive rights to the design should be established. Legal protection to the design right is the system that can prelude copycats from eroding an exclusive position in the market place. The present study was to analyze the trend of registration of design rights in apparel products and to point out problems of current protection law to design.

• The Journal of the Korea Contents Association
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• v.5 no.6
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• pp.368-377
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• 2005

The Internet technologies allows anybody who has connect a network to access various multimedia information. But, it brings new issues about the violation of intellectual property and copyright of multimedia contents. Digital right managements have been actively studied as approaches to solve them. In this paper, we propose license-based schemes for the protection of contents and its rights on digital right management. The proposed schemes provide limited distribution and superdistribution of contents, and guarantee to securely use contents by usage rules.

• International Commerce and Information Review
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• v.13 no.3
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• pp.489-510
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• 2011

Free Trade Agreement (FTA) between the Korea, of the one part, and the EU and its member states, of the other part, has been effective, as of 1 Jul 2011. EU enlarged its members up to 27 countries including Romania and Bulgaria in 2007, and stood up as the second largest trading partner to the Korea right after the China. FTA, generally, shows the several different figures according to the countries concerned on the agreement The EU has long history and cultural, educational assets. In addition to that, the EU also has economical, industrial bases. Therefore, the EU seeks fruitful profits utilizing its intellectual property rights. There are copyrights and related rights, trade marks, geographical indications, designs, and patents, etc. on the Chapter 10. intellectual property rights of the Korea EU FTA. Among them, the others except geographical indications seem to be somewhat the terms advantageous to the Korea. It is possible to ask further requirements to the Korea in the years to come because the EU member countries are very much interested in the practical profits of intellectual property rights. Thus, it would be essential tasks for us to review the intellectual property rights protection and features of the Korea EU FTA.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2007.06a
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• pp.626-629
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• 2007

The digital content was supplied quickly with advancement of video compressive technique and the network. Simultaneously illegal copy and diffuse via Internet, it was caused to necessitate the intellectual property right protection of the digital content. With this background, Various standardization groups and content provision enterprises developed the solution for a digital content protection. But the problem which lack interoperability is appeared, cause of independent development among other equipment. To find solution about this, MPEG(Moving Picture Experts Group) has progressed standardization against IPMP (Intellectual Property Management and Protection) techniques which are possible interoperability. In spite of it, with reason why insufficient function, DMP(Digital Media Project) standard was presented with the alternative against this. In this paper, we analyze MPEG IPMP standards and DMP ToolPack concepts to compare between them, and through these, designed and implemented digital content protection system which possible interoperability.

• The Journal of the Korea Contents Association
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• v.17 no.8
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• pp.406-413
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• 2017

The purpose of this study is to identify the limits of law on intellectual property generated from dance performance creation. It is based on literature research. It focus the way of dance works protection through current intellectual property laws after 21th century and the limits of them. First, it summarized copyright law, patent, trademark right, and trade secret. Second, it study the choreography of meaning and the process on field of the convergence. At last it summarized the limits of the intellectual property mentioned above. As a result, it is hard to fully protect the right by law whereas performing art create new form of style to communicate with audiences as develop convergence contents. There are significance on this study that summarize the intellectual property law and their limits when they applied to intellectual property from choreography, as a process of dance creation of today.

• Journal of Korea Trade
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• v.23 no.5
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• pp.118-128
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• 2019

Purpose - This paper examines the international R&D contest in which the extent of intellectual property right (IPR) affects both the size of prize for the winning firm and the extent of positive spillover through cost of firms. Recognizing the possibility of incomplete protection of IPR, the present paper analyzes the effect of changes in the extent of IPR on payoffs to firms and social welfare. Design/methodology - This paper examines coordination of IPRs by countries in economic integration. The paper then develops a general model of international R&D contest with incomplete protection of IPR. An increase in the extent of IPR augments the share of the prize the winning firm can appropriate, while decreasing the positive cost externality. To derive sharper results, the paper considers the cases of linear and fixed spillovers. Findings - Under plausible assumptions, an increase in the IPR augments the payoff to each firm and the aggregate payoffs as well. The paper also shows that the number of firms participating in the R&D contest can be endogenously determined in the two-stage R&D contest. The higher the extent of cost spillover, and the larger the effective prize, the more firms participate in the international R&D contest. Originality/value - Existing studies assume that firms winning the R&D contest enjoy perfect IPR to the output of their R&D activities. This is a very restrictive assumption in that other firms can copy the new products or processes. By allowing for the incompleteness of the IPR, the present paper develops a more realistic model of R&D contest. The novelty of the present paper is to allow for the possibility that the higher extent of IPR increases the prize and decreases positive cost externality at the same time. The findings of the present paper can serve as a basis for government policy toward R&D activities of firms and protection of IPRs.