• 통상정보연구
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• 제10권3호
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• pp.291-313
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• 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.

• 디지털융복합연구
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• 제20권2호
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• pp.361-366
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• 2022

최근 융합 미디어의 발전에 따라 디지털 애니메이션 산업은 Intellectual Property(지식 재산) 캐릭터를 중심으로 다양한 산업분야에서 많은 콘텐츠를 개발하였다. 광고 및 홍보물 뿐 아니라 Intellectual Property 디지털 애니메이션도 마니아층의 지지와 사랑을 받았다. 우수한 Intellectual Property 캐릭터 이미지가 상업적으로 큰 경제 수익을 창출한다는 통계도 있다. 본 연구는 일본, 미국, 중국의 세 개 대표적인 Intellectual Property 애니메이션 사례를 선택하여 각각 Intellectual Property 애니메이션 캐릭터 이미지 재활용 및 시대적 기술과 문화예술 스타일을 결합해 전통문화 IP 캐릭터를 현대적 캐릭터 디자인으로 재구성하는 두 측면에서 분석하였다. 본 논문 연구를 통해 캐릭터 이미지 활용 방식에 따라 IP 애니메이션의 확장 가능성을 알 수 있었다. 디지털 애니메이션 제작 시 Intellectual Property에 대한 중요성을 인지하고 캐릭터 개발 시 참고 자료가 되기를 기대한다.

• 통상정보연구
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• 제6권1호
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• pp.249-265
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• 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.

• 한국디지털정책학회:학술대회논문집
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• 한국디지털정책학회 2004년도 International Conference on Digital Policy & Management
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• pp.435-448
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• 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.

• International Journal of Computer Science & Network Security
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• 제22권2호
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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.

• 디지털융복합연구
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• 제2권1호
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• pp.93-112
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• 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.

• 디지털산업정보학회논문지
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• 제12권4호
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• pp.123-134
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• 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.

• 한국비블리아학회지
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• 제12권2호
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• pp.31-47
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• 2001

본고에서는 디지털 정보사회에서 지적재산권을 주장할 수 있는 정당한 근거가 무엇인가를 정보윤리의 시각에서 검토하고, 제한적으로나마 정당화된 재산권을 보호하기 위한 수단으로서 고려될 수 있는 법적, 기술적, 윤리적 통제가 갖는 각각의 한계점과 가능성을 살펴보았다. 전통적인 로크의 재산권이론과 헤겔의 인격화 이론이 디지털 정보사회의 지적재산권을 정당화하기에는 부족함을 주장하였다. 또한 지적재산권에 대한 주장이 산물 중심의 재산권에서 과정 중심의 통제권으로, 저자 중심의 시각에서 저자-수용자간의 조화로운 관계를 강조하는 방향으로 변화함을 지적하였다. 그리고 지적재산권을 보호하기 위해서는 그것을 보호하는 취지와 동기를 고려한 윤리적 통제를 중심으로 삼고, 법적, 기술적 통제를 보조적 수단으로 병행해야 함을 강조하였다.

• International Journal of Internet, Broadcasting and Communication
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• 제15권4호
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• pp.233-238
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• 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.

• 한국중재학회지:중재연구
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• 제34권1호
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• pp.51-74
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• 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.