• Title/Summary/Keyword: Rights Protection

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Korean Firms' Intellectual Property Rights Protection Strategies to Deter Counterfeiting and Brand Piracy in Global Markets (한국기업의 해외시장에서의 위조상품 대응전략에 관한 연구)

  • Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.9 no.4
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    • pp.351-374
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    • 2007
  • Recently, there has been rapid and spectacular increase in world wide counterfeiting and other forms of piracy. According to the World Customs Organization(WCO), counterfeiting accounts for 5 to 7 percent of global merchandise trade, equivalent to lost sales of as much as US$512 billion last year. Also Korean firms' damages arising from the infringement of intellectual property rights in global markets, especially in China market, are increasing. However, the existing studies on the intellectual property rights(IRP) protection have mainly focused on legal protection. Because the law is often not the best defense against theft of intellectual property rights, we must develop more effective defensive weapons for protection of IRP. Given this troublesome trend, the intention of this paper is to discuss strategic and tactical efforts, including legal protection, that can serve as proactive measures to deter counterfeiting and thus to assure the protection of Korean firms' intellectual property rights.

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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
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    • v.12 no.2
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    • pp.31-47
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    • 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.

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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
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    • v.10 no.3
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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.

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The Relationship between Human Rights Protection Trade Norms and WTO Agreement-focused on Conflict and Harmonization and Development of Domestic Trade Norms (인권보호 무역규범과 WTO협정의 관계-충돌과 조화 그리고 국내무역규범의 발전방안을 중심으로)

  • Hyun-Chul Kim;Hag-Min Kim
    • Korea Trade Review
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    • v.47 no.5
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    • pp.201-221
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    • 2022
  • This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.

Recent Trends in the Theory of Expectation Rights Violations in Japan (기대권침해론에 관한 일본의 최근 동향)

  • Song, Young Min
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.209-236
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    • 2013
  • The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

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A Study of Patentability on the paper in Traditional Korea Medicine by using technology information search to detect all existing similar patents (선행기술 조사를 통한 한의학 논문의 특허성 연구)

  • Song, Mi-Young;Lee, Joung-Hwa;Ahn, Sang-Woo
    • Korean Journal of Oriental Medicine
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    • v.11 no.2
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    • pp.53-66
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    • 2005
  • This study is concerned with the patentability and protection of intellectual property rights in Traditional Korea Medicine Paper. The results analyzed significance of patentability by investigated for many kinds of Traditional Korea Medicine Paper. It provide extension of intellectual property rights protection and further research region of TKM field by analysing information of patentability. Recently, In the protection of intellectual property rights, the importance of traditional knowledge resource in many country is increased. It will predict the number of apply for the patent increased annually This study will be provide judging guideline and strategy of intellectual property rights protection by search to detect all existing similar patents in Patent Office (Korea, Japan, U.S.A. EPO) about Traditional Korea Medicine Paper. As a result, It can not be investigated about 33% because of paper research or theoretical study or question investigation etc. But the case of 'The Korea Association of Herbology' and 'The Korean Oriental Medical Ophthalmology & Otolaryngology & Dematology Society' have about 10% rate. If it will be constructed DB system, they will be protected by national treatment.

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韓-歐FTA中与ILO相關條款紛爭及對中國的啓示

  • Go, Cheon-Cheon;Mun, Cheol-Ju
    • 중국학논총
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    • no.72
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    • pp.101-122
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    • 2021
  • Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

R&D Investment in Intermediate Goods Industry by Intellectual Property Rights Protection Policies and Policy Implications (지식재산권 보호정책에 의한 중간재 산업 R&D 투자 결정 모형 및 정책 함의)

  • Mee-Kyung Jung
    • Korea Trade Review
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    • v.46 no.4
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    • pp.205-217
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    • 2021
  • This paper examines the effects of intellectual property protection policies on upstream firms' R&D investments in order to derive policy implications in relation to the fostering of the intermediate goods industry. To that end, the dependence on import of intermediate goods and the degree of protection of intellectual property rights are introduced into the model to analyze the effects of R&D investments on the dependence on imports and the effects of intellectual property rights protection policies on the level of R&D investments in order and the social welfare effects are also checked. The policy implications derived in this paper, which used an oligopolistic market model with a vertical specialization structure, are as follows. As R&D investments expand, upstream firm begins to have price competitiveness, the dependence on import of intermediate goods by downstream firm decreases, and social welfare increases. That is, in order to strengthen the independence of the intermediate goods industry, R&D investments by upstream firm should be expanded, and to promote this, the government should strengthen the protection of intellectual property rights.

Study on Early Childhood Teachers' Attempts to Implement Perception on Rights of Young Children (영유아교사의 영유아 권리 인식의 실행 노력에 대한 연구)

  • Kim, Ho Hyun
    • Korean Journal of Childcare and Education
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    • v.13 no.6
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    • pp.127-141
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    • 2017
  • Objective: The purpose of this study was to figure out early childhood teachers' perception on rights of young children and what they do to implement the perceived rights of young children in early childhood settings. Methods: Two individual and two group interviews were conducted. First, individual interviews were held with one childcare center teacher, and then interviews were held with one kindergarten teacher. Both group interviews were conducted with three different kindergarten teachers. All interviews were held two times. Recorded and transcribed interview data were analyzed. Results: The results are as follows. First, participants perceived rights as natural, protective, expressive, equally respectful, and joyful but understood differently from that of adults due to developmental status of young children, which included rights to life, equality, participation, protection, and happiness. Second, teachers remarked that they used strategies to project young children's emotions to implement perception on rights to life and happiness, discern deprivation from violation for rights to protection and equality, and set rules and have double standards utilizing resources around, for rights to participation. Conclusion/Implications: These results have implication for organizing contents for rights education for early childhood teachers.

The information process on labor and the protection of information human rights (노동정보처리와 정보인권보호)

  • 하우영
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.13 no.6
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    • pp.17-32
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.