• Title/Summary/Keyword: The Infringement of Right

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Copyright Issues in Nigeria: Analysis of Nigerian Copyright Commission Cases Between the Years 2008 - 2018

  • Adeyemi, Ismail Olatunji
    • International Journal of Knowledge Content Development & Technology
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    • v.10 no.1
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    • pp.71-82
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    • 2020
  • Nigeria Copyright Commission is saddled with the responsibility of ensuring adherence to the copyright law in Nigeria. However, it has been observed in the last decade that copyright right issue is still rampant in Nigeria. Therefore, this study analyzed cases that the Commission in involved in between years 2008 to 2018. The study adopted citation analysis. The study collected data from three selected law reports, which include Intellectual Property Law Reports, Nigerian Weekly Law Reports and Nigeria Law Intellectual Property Watch. It was found that Nigerian Law Intellectual Property Watch has the highest number of reports of cases involving Nigerian Copyright Commission while none was reported by Nigerian Weekly Law Reports. It was also found that most of the cases handled by the Commission were on copyright infringement. The study concludes that Nigerian Copyright Commission has been paying credible attention to issue that surrounds software infringement but there has been little attention paid to book piracy. Moreover, it was established that the poor attention given to book piracy may entrench the publication of pirated copy and would subsequently lead to poor library service provision at the long run.

Comparative Analysis on the Intellectual Property Right Policies of Standardization Organizations

  • Lee, Sang-mu;Park, Ki-shik
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.26 no.7A
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    • pp.1284-1289
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    • 2001
  • The characteristics of the intellectual property right(IPR) conflict with standardization. This is because standardization aims to achieve the common use of technology while IPRs aim to protect the proprietary right on technology. The license to use IPR should be granted so that standards can be used without an infringement. IPR policies have common characteristics in most parts of their contents and also different application methodologies. The ultimate object of IPR policy is to receive license grant. In this paper, significant typical IPR policies of main standardization organizations are comparatively analyzed. The overall objective of the IPR policy is to make strategic environment for license grant. IPR disclosure becomes the best practice to acquire license grant. With this practice, the action to licensing refusal becomes one of the main strategic factors of IPR policies.

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The Analysis of Registration of Design Rights in Korean Apparel Industry - Design Rights Registered in Apparel (Classification B1) - (한국 의류산업의 의장(디자인) 등록 추세와 의장제도에 관한 연구 - 의복류(의장분류 B1)의 의장 등록을 중심으로 -)

  • 김용주
    • Journal of the Korean Society of Costume
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    • v.54 no.1
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    • pp.125-139
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    • 2004
  • The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

The Possibility of Arbitration of Patent In Japan -focusing on Kilby case(Japanese Patent Act Article 104-3)- (일본에서 특허의 유효성에 대한 중재가능성 -킬비 판결(일본 특허법 제104조의3)을 중심으로-)

  • Yun, Sun-Hee
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.57-72
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    • 2011
  • According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

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A Study on the Reformation of Long-term Unexecuted Urban Plan Facilities using GIS (GIS을 활용한 장기 미집행 도시계획시설 재정비에 관한 연구)

  • Ahn Hyung-June;Lee Mi-Ji;Koh June-Hwan;Lee Sang-Mi
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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    • 2006.04a
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    • pp.491-494
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    • 2006
  • Many urban-plan facilities were settled by the government in the need of infrastructure due to the rapid urbanization. The Constitutional Court judged that the exclusion of land-owners' private right to use their land did not accord with the Constitution, and the infringement of their right because of currently unexecuted facilities became the urgent task to be solved due to the revision of the Urban plan law revised on January 28, 2000. Accordingly, the government needed to establish a complete plan to review and rearrange the long-term unexcuted urban plan facilities. For this plan to be successful, we have constructed the database of unexecuted urban plan facilities by using GIS analysis technique in this research. Further, we will construct a basic database to manage the unexecuted urban plan facilities by utilizing the database we have constructed, computerized geographical information files of LMIS, urban plan facilities data of UPIS, and other information.

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A Study on the Types and Solves Plan of Popular Complaint by Construction Work Types - Focus on the Gwang-Ju City - (건축공사 공종에 따른 진정민원의 유형과 처리에 관한 연구 - 광주 지역을 중심으로 -)

  • Song, Hyuk;Go, Seong-Seok;Park, Hyeon-Ku
    • Journal of the Korean Society of Safety
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    • v.20 no.4 s.72
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    • pp.97-105
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    • 2005
  • As construction project is becoming larger, construction progress and works are more various and complex according to recent Korean construction tendency. The growth of construction induces much pollution on the progress of construction and the problems due to the construction pollution are raised into social problem strongly, because it is increasing the need on the quality of lift and the desire of clean environment. This study aimed to seek far the effective solving plan of the construction popular complaints by surveying the real condition of construction popular complaints and analyzing the cause and tansaction period of popular complaints. For this study, the laws related and popular complaints were analysed focusing on the documents in low district offices of Gwangju from 2000 to 2004. As a result, the types of construction popular complaints were divided into 17 and the causes were as follows in order: crack and subsidence of ground(14.90%), infringement of private life(11.55%), noise(10.80%), infringement of a right to sunshine(10.07%) and breakdown(6.7%). Consequently, it is considered that these complaints are occurred by physical and environmental causes.

Music License in the Metaverse

  • Kyungsuk Kim
    • International journal of advanced smart convergence
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    • v.12 no.4
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    • pp.44-54
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    • 2023
  • This paper provides a comprehensive analysis of the implications of the metaverse on the music industry, focusing on copyright issues and potential solutions. It delves into the concept and characteristics of metaverse platforms, describing them as environments that immerse users in a variety of virtual experiences. A significant portion of the paper is dedicated to exploring music use and copyright infringement in the metaverse. It examines how users incorporate existing music into their content, often leading to legal challenges due to copyright infringement. The paper discusses the role of online service providers (OSPs) in this context and the legal implications of their actions. The paper also addresses the 'safe harbor' provisions for OSPs and examines the balance between protecting rights holders and limiting OSP liability. It highlights the challenges and limitations of copyright enforcement in the metaverse, especially given the unique nature of content on platforms such as Roblox. Finally, the article proposes solutions to simplify music licensing in the metaverse, suggesting a shift from property rules to liability rules and the establishment of Collective Management Organizations (CMOs) to streamline the licensing process and better protect copyright holders' interests.

A Study on the coverage of e-commerce insurance (전자상거래 보험의 담보범위에 관한 고찰)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.27
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    • pp.129-161
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    • 2005
  • Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

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A Study on the Market Status and Issues of e-Commerce Insurance (전자상거래 보험의 시장현황 및 쟁점에 관한 고찰)

  • Shin, Gun-Hoon
    • International Commerce and Information Review
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    • v.7 no.3
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    • pp.27-51
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    • 2005
  • Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

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Development of a Copyright Protection System for Computer Forensics (컴퓨터 포렌식을 위한 디지털 저작권 보호시스템 개발)

  • Lee, Wol-Young;Hwang, Chul
    • Journal of Korea Multimedia Society
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    • v.10 no.3
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    • pp.365-372
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    • 2007
  • The information of world is most likely to be created as digital data. These digital productions need some legal protection mechanisms or techniques because users can illegally use them. Thus many researchers are developing various techniques. Currently most techniques are focusing on the physical and chemical methods like disk inspection for taking legal evidence about production infringement. This paper has developed a computer forensics-based copyrights protection system capable of detecting and notifying disobedience facts when user uses illegally a production. Furthermore if the user infringes continually the production the system stores the infringement facts to take the legal evidence by mapping to law for intellectual property right. The technique can protect data from digital evidence manipulation or destruction.

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