• 한국복식학회:학술대회논문집
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• 한국복식학회 2003년도 International Costume Conference
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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.

• 한국도서관정보학회지
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• 제11권
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• pp.69-99
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• 1984

A dramatic development in the new technology of copying materials has presented us with massive problems on reconciling the conflicts between copyright owners and potential users of copyrighted materials. The adaptation to this changing condition led some countries to revise their copyright laws such as in the U. S. in 1976 and in Korea in 1984 for merging with the international or universal copyright conventions in the future. Copyright defined as exclusive rights given to copyright owners aims to secure a fair return for an author's creative labor and to stimulate artistic creativity for the general public good. The exclusive rights on copyrightable matters, generally for reproduction, preparation of derivative works, public distribution, public performance, and public display, are limited by fair use for scholarship and criticism and by library reproduction for its preservation and interlibrary loan. These limitations on the exclusive rights are concerned with all aspects of library services and cause a great burden on librarian's daily duty to provide balance between the rights of creators and the needs of library patrons. The fair use as one of the limitations on it has been coupled with enormous growth of a new technology and extended from xerography to online database systems. The implementation of the fair use and library reprography in Korean law to the local practices is examined on the basis of the new American copyright act of 1976. Under the draft revision of Korean law, librarians will face many potential problems as summarized below. 1. Because the new provision of 'life time plus 50 years' will tie up substantial bodies of material longer than the old law, until that date librarians would need permissions from the owners and should pay attention to the author's death date. 2. Because the copyright can be sold, distributed, given to the heirs, donated, as a whole or a part, librarians should chase down the heirs and other second owners. In case of a derivative work, this is a real problem. 3. Since a work has its protection from the moment of its creation, the coverage of copyrightable matter would be extended to the published or the unpublished works and librarian's work load would be heavier. Without copyright registration, no one can be certain that a work is in the public domain. Therefore, librarians will need to check with an authority. 4. For implementation of limitations on exclusive rights, fair use and library reproduction for interlibrary loan, there can be no substantial aggregate use and there can be no systematic distribution of multicopies. Therefore, librarians should not substitute reproductions for subscriptions or purchases. 5. For the interlibrary loan by photocopying, librarians should understand the procedure of royalty payment. 6. Compulsory licenses should be understood by librarians. 7. Because the draft revision of Korean law is a reciprocal treaty, librarians should take care of other countries' copyright law to protect foreign authors from Korean law. In order to solve the above problems, some suggestions are presented below. 1. That copyright clearinghouse or central agency as a centralized royalty payment mechanism be established. 2. That the Korean Library Association establish a committee on copyright. 3. That the Korean Library Association propose guidelines for each occasion, e.g. for interlibrary loan, books and periodicals and music, etc. 4. That the Korean government establish a copyright office or an official organization for copyright control other than the copyright committee already organized by the government. 5. That the Korean Library Association establish educational programs on copyright for librarians through seminars or articles written in its magazines. 6. That individual libraries provide librarian's copyright kits. 7. That school libraries distribute subject bibliographies on copyright law to teachers. However, librarians should keep in mind that limitations on exclusive rights are not for an exemption from library reprography but as a convenient access to library resources.

• 한국문헌정보학회지
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• 제40권1호
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• pp.163-194
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• 2006

이 연구의 목적은 남북 저작물교류 활성화로 인해 제기되고 있는 남북한 저작물에 대한 저작권 보호문제를 도서관 등에서의 저작권의 제한 상황 하에서 북한저작물의 저작권을 보호함과 동시에 북한자료 이용 활성화 방안을 모색하기 위한 것이다. 이를 위해 북한 저작권법의 주요 내용과 도서관에서 자료이용에 관한 저작권 제한 관련 규정을 베른협약과 남북한의 저작권법 중심으로 고찰하였다. 현재까지의 남북한 저작권에 관한 연구가 남한에서의 북한저작물 출판 및 배포 유통문제에 따른 저작권 보호에 초점이 맞추어져 왔다. 그러나 이 연구는 북한자료를 연구 조사 목적으로 활용할 수 있도록 지원 창구 역할을 해 온 북한자료센터 등 국내 특수자료 취급기관에서 북한자료 이용 시 도서관 면책 규정에 따른 북한저작물 보호와 이용자의 원활한 정보이용을 위한 다양한 해결 방안을 제시하고 있다.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.71-89
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• 2008

International technology transfer(ITT) or technology trade is a very comprehensive term covering various mechanisms and channels for shifting technologies across borders. Thus, it refers to numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation. It includes technology, trade, and investment. Markets for exchanging technologies are inherently subject to failure due to appropriability problems, spillovers, asymmetric information, and market power. Thus, there is strong justification for public intervention. Technology developers are interested in reducing the costs and uncertainty of making transfers, along with protecting their rights to profit from such transfers. On the other hand, technology importers are interested in acquiring knowledge at minimal costs, asking for restricting sharply the exclusive rights of foreign firms to exploit technology. The purpose of this paper is to review the characteristics, risks, legal issues and contractual check points of ITT, focusing on the avoidance of commercial disputes during the very complex processes of ITT.

• 기술혁신학회지
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• 제2권1호
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• pp.90-103
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• 1999

This article is dedicated to present a cornerstone for a desirable legal structure in the area of the administration and utilization of the intellectual property rights of the university research results sponsored by the government, and, in the long run, contribute to the industrial development of our country. In order to achieve that purpose, this article reviews basic theories and current status of the intellectual property regime for the research results sponsored by the government, and presents some suggestions for a desirable legal institution, in particular, including that 'Intellectual Property Rights Administration Center', should be established, an exclusive institution for the systematic administration of the follow-ups of the research results with speciality.

• 수산경영론집
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• 제11권1_2호
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• pp.115-155
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• 1980

Nowadays managers of fisheries enterprises and users of accounting information have a considerable interest in the fishery right. The fishery right, which is given by administrative quarters, is referred to exclusive fishing right in a certain coastal fishing ground, and it has been one of the property rights since the turn of the century. The main purpose of this study is to provide an improved accounting method of the fishery right from the side of accounting. To achieve this purpose, legal nature of the fishery right should be understood in the first place, for the fishery right, an intangible asset, is a sort of property right guaranteed by the fisheries laws, According to the basic law in the fisheries "Fisheries Law, " the fishery right is broken down largely into three categories; culture fishing right, set fishing right and common fishing right. The legal characteristics of these fishery rights are as followings: 1. The fishery right is a private right. 2. The fishery right is a property right. 3. The fishery right is a right in rem, and legal provisions pertaining to land are applied to the fishery right with necessary modifications. In addition to the above fishery rights, the Fisheries Law provides some provisions on the so-called entrance right, and those who obtained the right are authorized to access to a certain common fishing right fishing ground where they have been traditionally fishing. In the inland fisheries, the fishery right system similar to that of the coastal fisheries discussed above is adopted in conformity with the Inland Fisheries Developing and Expediting Law. Viewing from an angle of accounting, there are two kinds of additional fishing rights which are dealt as assets. These fishery rights dealt as asset include the license of entry in the so-called permitted fishing which is also called as fishery right in plain language, and tile entrance right obtained abroad. Although these two kinds of rights are not the fishery right from a viewpoint of law, they are regarded as fishing rights in accounting which intends to provide a useful economic information.formation.

• 사회경제평론
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• 제31권3호
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• pp.165-201
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• 2018

프리드리히 니체와 앨프레드 화이트헤드에 따르면, 근대 서양의 존재론이 범한 치명적인 오류는 현실의 구조가 언어의 구조와 같다고 착각하는 데 있다. 언어는 주어-술어 구조를 띠고 있는데, 현실도 이 구조를 띠고 있다고 착각해서, 허구적인 언어적 주어를 현실적으로 존재하고 있는 주체로 잘못 설정하고 있다. 이 허구적인 주체 개념이 바로 인격 개념이다. 본 논문은 이러한 허구적인 인격 개념이 어떻게 자본주의 금융이 발전하는 데 토대를 이루는지 분석할 것이다. 본 논문의 분석하는 역사적 시기와 장소는 17세기 후반 영국이다. 이 시기에 영국에서 근대적 형태의 은행업이 시작됐으며 동시에 근대적 주체 개념인 "인격" 개념이 존 로크 등에 의해 철학적으로 발전한다. 동시에 유한책임 주식회사와 국가 또한 독립적인 추상적 인격성이 추상적인격체로 독립성을 획득한다. 이 추상적 인격 개념은 사회적 관계를 "배타적 소유"와 "채권-채무" 관계로 환원하고, 이 환원이 근대 금융의 존재론적 바탕을 이룬다. 배타적 재산권은 행사하지만 책임을 져야 할 때는 채권으로 변모해 그 책임을 회피하는 제도가 바로 근대 금융의 본질이다. 그리고 영원하고 독립적인 인격성을 지니게 된 근대적 집단을 채무자로 전락시킴으로 근대 금융의 채권자들은 자신들의 특권을 크게 강화한다.

• 수산경영론집
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• 제36권2호
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• pp.25-52
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• 2005

Since late 1990's, the Fish Aquiculture Households belong Fishing Community have been faced very serious pressure of management. The surface factors of this situation have been understood to overproduction and too much imports from China, but basic factor was caused structural problem, that is considered small scale production system. Then, We should enlarge scale of the Fish Aquiculture Households belong Fishing Community to overcoming profitability aggravation. To the Enlargement of Scale, We should consider to change the regime of Fishing Community that means two practical programs. First, it need to enlarge the scale of Fishing Community than now, and Second, it need to incorporate the Fishing Community for exclusive Management of Fish Aquiculture Rights.

• 무역상무연구
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• 제64권
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• pp.39-64
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• 2014

The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

• 한국산학기술학회:학술대회논문집
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• 한국산학기술학회 2009년도 춘계학술발표논문집
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• pp.325-328
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• 2009

Recently, as importance of knowledge property right is rising, a patent is being issue. A patent is exclusive rights of knowledge or technique, and it must be registered for approval of rights. Therefore, prediction of patent registration can be important information for company or individuals which gain profit using a patent. In this paper, we proposed a method for prediction of patent registration using text mining and a algorithm for constructing database.