• Journal of Arbitration Studies
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• v.21 no.2
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• pp.27-46
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• 2011

In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.6 no.6
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• pp.805-811
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• 2002

According to progressing the If(Information Technology), Mobile Commerce have been activated. Hut all kind of theses information is limited in thesis and report. Recently importance of Intellectual Property Right is emphasized and it's very demanded to study for it. Therefore, this thesis will investigate a tendency about Mobile Commerce and Intellectual property Right which is related it. Then it will be presented the way for ensuring the Intellectual Property Right in next generation through seeking a way for guaranteeing Intellectual Property Right of Domestic.

• International Commerce and Information Review
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• v.6 no.1
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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.

• Journal of Korean Library and Information Science Society
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• v.20
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• pp.455-470
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• 1993

In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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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.

• Journal of Legislation Research
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• no.54
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• pp.345-382
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• 2018

Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.155-184
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• 2015

This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

• Knowledge Management Research
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• v.17 no.3
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• pp.181-206
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• 2016

Under the influence of growing popularity of "hallyu" (Korean wave), corporates that have copyrights such as music, movie, drama as their core competitiveness are showing continuing growth. In Addition, they built on contents are rapidly growing, interests in protection and management of intellectual property rights linked to contents are growing. Global contents development corporates are making great efforts to create profits out of copyrights. They could utilize original contents to strengthen brand value use it to produce additional contents in current market. Also they take advantage of existing storyline of the contents and strong brand to explore new markets. This paper looks into Value articulation model by Professor James Conley and analyzed the firms that utilized intellectual property rights to extend the period of protection, strengthen their competitiveness and succeeded in breaking into new market by using the rights they possess. Also, this paper examines the usage of intellectual property rights and business expansion strategy of of Iconix, the Korean entertainment company, which gained tremendous popularity in last ten years using this model. In Value articulation model, Conley classifies the process of exploiting the portfolio of the single product's(or service's) intellectual property right for a period of time into three stages ; value transference, value translation, value transportation. Pororo's strategy of utilizing intellectual property right is suggestive to domestic entertainment companies. Under the influence of hallyu" (Korean wave), domestic contents such as movies, dramas and music are enjoying the high level of popularity recently not to mention animations. In reality, Korean entertainment companies who have no background or experience of Intellectual property rights are not creating enough added values compared to fast growing market. It is believed Iconix's intellectual property rights management strategy will suggest positive aspects to domestic companies. Moreover, I hope various intellectual property rights management strategies including Conley's value articulation are studied and they can make contributions to managing domestic entertainment companies.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.38 no.2
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• pp.17-30
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• 2015

Technology-oriented national R&D programs produce intellectual property as their final result. Patents, as typical industrial intellectual property, are therefore considered an important factor when evaluating the outcome of R&D programs. Among the main components of patent evaluation, in particular, the patent right quality is a key component constituting patent value, together with marketability and usability. Current approaches for patent right quality evaluation rely mostly on intrinsic knowledge of patent attorneys, and the recent rapid increase of national R&D patents is making expert-based evaluation costly and time-consuming. Therefore, this study defines a hierarchy of patent right quality and then proposes how to quantify the evaluation process of patent right quality by combining text mining and regression analysis. This study will contribute to understanding of the systemic view of the patent right quality evaluation, as well as be an efficient aid for evaluating patents in R&D program assessment processes.

• Journal of Agricultural Extension & Community Development
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• v.15 no.1
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• pp.23-47
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• 2008

The purpose of this study was to analyze intellectual property right status and brand origin of traditional liquor. The data were derived from the brand of 385 traditional liquor species in Korea. The major results of this study were as follows: 1) The management types of traditional liquor were classified into three categories, namely; individual 27(0.74)%, stock company 304(78%) and corporation or union 38(9.8%). 2) Among 385 traditional liquor species, 102(26%) got the trademark registrations and 129(34%) were in the process of trademark applications, while 154(40%) were unregistered brands. 3) The origin of 187(48.6%) brands used the material names such as fruits, rices, trees, roots and flowers, while 176(45.6%) brand used proper noun such as mountain, distinction, rivers etc.. 4) The designation certification status of traditional skill possessor according to national and local autonomous entity were; intangible cultural assets 42 people, master craftsman 28 persons, and provincial intellectual property 16 persons.