• Title/Summary/Keyword: digital intellectual property

Search Result 178, Processing Time 0.029 seconds

A Study on the Protection of New Intellectual Property Rights Focusing on E-commerce (전자상거래 관련 한국기업의 신지식재산권 보호방안)

  • Lee, Seung-Young;Cho, Myung-Ja
    • International Commerce and Information Review
    • /
    • v.10 no.3
    • /
    • pp.291-313
    • /
    • 2008
  • As digital economy has dramatically evolved, new intellectual property rights protection has emerged as a pivotal issue which companies need to actively restxnid to. At the new digital era, the possession of new intellectual property rights determines the company values, and thus the protection of new intellectual property rights is getting more importance in the dimension of global competitiveness. The paper analyzes the changing aspect of digital economy and e-commerce paradigm, and explores the protection plan of new intellectual property rights focusing on e-commerce and digital goods transaction so that it can help the companies to strengthen their global competitiveness. After various case studies, we can find out that even though the companies have difficulty in settling out the strategies and policy due to the radical change of cycle in internet-centered digital economy, companies need to establish the systemic strategic plan to protect the new intellectual property rights stage by stage. Also, appropriate legal, institutional basis to protect the new intellectual property rights should be rearranged. The unsloved problems which relates with the protection of new intellectual property rights will be left for next research project.

  • PDF

A Case Study of Intellectual Property Rights Using Animation Characters (애니메이션 캐릭터를 활용한 Intellectual Property 사례 연구)

  • JIANG, QIANQIAN;Chung, Jean-Hun
    • Journal of Digital Convergence
    • /
    • v.20 no.2
    • /
    • pp.361-366
    • /
    • 2022
  • Recently, with the development of convergent media, the digital animation industry has developed a variety of content centered on the role of Intellectal Property. The excellent IP role image has created huge economic benefits in business. This paper selects three representative Intellectual Property animation cases from Japan, the United States and China. Analyzed of the reuse of IP animation character images and combined with the era technology and the style of culture and art, the traditional cultural IP roles are reconstituted into modern character design two aspects. Through the research of this paper, can understand the expansion possibility of IP animation according to the use of character image. It is expected that when making digital animation, can recognize the importance of intellectual property and use it as a reference for role development.

A Consideration for Intellectual Property Rights under Digital Environments (전자상거래에서의 지적재산권에 관한 문제점과 개선방안)

  • Kwon, Sang-Ro
    • International Commerce and Information Review
    • /
    • v.6 no.1
    • /
    • pp.249-265
    • /
    • 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.

  • PDF

IMPLEMENTATION OF STRUCTURAL DIAGRAM FOR INTELLECTUAL PROPERTY MANAGEMENT AND PROTECTION(IPMP)

  • Park, Jung-Hee;Lee, Ki-Dong;Lee, Sang-Jae
    • 한국디지털정책학회:학술대회논문집
    • /
    • 2004.11a
    • /
    • pp.435-448
    • /
    • 2004
  • While Internet promises ubiquitous access, it also creates a fundamental challenge to the traditional ownership toward digital assets traded in e-commerce market. Sharing digital information freely through shared networks leads to many untapped business opportunities, but uncontrolled digital asset transaction undermines many electronic business models. Thus, in this Internet age, proper protection and safe delivery of Intellectual Property (IP) and its representation as digital assets would be a crucial ingredient of building trust in upcoming e-business environment. In this paper, we give a general structural diagram of Intellectual Property Management and Protection (IPMP) and implement an IPMP prototype based on the RSA encryption algorithm and XrML (eXtensible rights Markup Language) WORK tags to show how proper protection and safe delivery of the intellectual property is achieved. This study concludes that IPMP mechanism may contribute significantly to the volume and quality of e-commerce market.

  • PDF

Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.2
    • /
    • pp.424-435
    • /
    • 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.

A study on the Shrinkwrap License Contracts on Computer - Information Transaction in USA (컴퓨터정보거래에서 쉬링크랩라이센스 계약에 관한 고찰 -미국의 경우를 중심으로-)

  • Song, Keyong-Seog
    • Journal of Digital Convergence
    • /
    • v.2 no.1
    • /
    • pp.93-112
    • /
    • 2004
  • A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

  • PDF

An Empirical Study of Social Capital and Performance of Intellectual Property (사회적자본과 지식재산 성과에 관한 실증적 연구)

  • Park, Hoin;Lee, Jongmoo
    • Journal of Korea Society of Digital Industry and Information Management
    • /
    • v.12 no.4
    • /
    • pp.123-134
    • /
    • 2016
  • Social capitals are getting more important for management in enterprises, especially in small and medium sized enterprises(SMEs). The purpose of this study is to examine the effect of social capitals on the performance of intellectual property. For the empirical analysis, survey data were collected from 138 companies in one industry cluster, 34 companies in the other one. The data were compared using regression analysis. The findings confirm a positive influence of the conceptive social capital on the performance of intellectual property while there are no effect of structural and relational social capitals on the performance. These are different from the past researches. In addition, there is no difference between industrial types such as IT, BT, and NT in terms of the effect of social capitals on the performance of intellectual property. Also there is no difference between the two industry clusters.

An Information Ethics Approach to the Justification of Intellectual Property Rights (지적 재산권의 정당화에 관한 정보윤리학적 접근)

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

  • PDF

A Study Of Effective Operation and Learning Methods Of Intellectual Property Courses (Apply Core Competency Assessment)

  • Ju Hyun Jeon
    • International Journal of Internet, Broadcasting and Communication
    • /
    • v.15 no.4
    • /
    • pp.233-238
    • /
    • 2023
  • In the Fourth Industrial Revolution era, creative ideas are creating enormous value. This study conducted a case study on curriculum management plans aimed at protecting ideas and their results, recognizing the importance of intellectual property (IP), and cultivating basic knowledge about intellectual property. In particular, this study looked at ways to quickly learn related issues regarding new intellectual property rights related to computer software and artificial intelligence. In addition, research was conducted on ways to learn about efficient protection and utilization of inventions through actual examples. This study checked the importance and necessity of the interaction and communication between instructors and learners through the status of distance learning in domestic universities and a case study of distance learning of convergence subjects. We aim to continuously research effective class management methods and contribute to academic development through case studies of convergence subjects.

A study on Development Plans for Korea's Arbitration for Intellectual Property Right (IPR) disputes (지식재산권(IPR) 분쟁에 대한 우리나라 중재 발전방안에 관한 연구)

  • Su Hyun Song;Un Jeon;Keon-Hyung Ahn
    • Journal of Arbitration Studies
    • /
    • v.34 no.1
    • /
    • pp.51-74
    • /
    • 2024
  • Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.