• Title/Summary/Keyword: infringement

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Patent Infringement under Japanese Patent law: Comparative Study with Chinese Patent Law

  • Cai, Wanli
    • Asian Journal of Innovation and Policy
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    • v.7 no.3
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    • pp.606-624
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    • 2018
  • Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

Automated Detection Technique for Suspected Copyright Infringement Sites

  • Jeong, Hae Seon;Kwak, Jin
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.14 no.12
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    • pp.4889-4908
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    • 2020
  • With the advances in Information Technology (IT), users can download or stream copyrighted works, such as videos, music, and webtoons, at their convenience. Thus, the frequency of use of copyrighted works has increased. Consequently, the number of unauthorized copies and sharing of copyrighted works has also increased. Monitoring is being conducted on sites suspected of conducting copyright infringement activities to reduce copyright holders' damage due to unauthorized sharing of copyrighted works. However, suspected copyright infringement sites respond by changing their domains or blocking access requests. Although research has been conducted for improving the effectiveness of suspected copyright infringement site detection by defining suspected copyright infringement sites' response techniques as a lifecycle step, there is a paucity of studies on automation techniques for lifecycle detection. This has reduced the accuracy of lifecycle step detection on suspected copyright infringement sites, which change domains and lifecycle steps in a short period of time. Thus, in this paper, an automated detection technique for suspected copyright infringement sites is proposed for efficient detection and response to suspected copyright infringement sites. Using our proposed technique, the response to each lifecycle step can be effectively conducted by automatically detecting the lifecycle step.

A Study on Developing the Compliance for Infringement Response and Risk Management of Personal Information to Realize the Safe Artificial Intelligence Services in Artificial Intelligence Society (지능정보사회의 안전한 인공지능 서비스 구현을 위한 개인정보 침해대응 및 위기관리 컴플라이언스 개발에 관한 연구)

  • Shin, Young-Jin
    • Journal of Convergence for Information Technology
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    • v.12 no.5
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    • pp.1-14
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    • 2022
  • This study tried to suggest crisis management compliance to prevent personal information infringement accidents that may occur in the process because the data including personal information is being processed in the artificial intelligence (AI) service process. To this end, first, the AI service provision process is divided into 3 processes such as service planning/data design and collection process, data pre-processing and purification process, and algorithm development and utilization process. And 3 processes are subdivided into 9 stages following to personal information processing stages to infringe personal information. All processes were investigated with literature and experts' Delphi. Second, the investigated personal information infringement factors were selected through FGI, Delphi, etc. for experts. Third, a survey was conducted with experts on the severity and possibility of each personal information infringement factor, and the validity and adequacy of the 94 responses were verified. Fourth, to present appropriate risk management compliance for personal information infringement factors in AI services, a method for calculating the risk level of personal information infringement is prepared by utilizing the asset value of personal information, personal information infringement factors, and the possibility of infringement accidents. Through this, the countermeasures for personal information infringement incidents were suggested according to the scored risk level.

A Study on Technology to Counter Copyright Infringement According to NFT Transaction Types

  • Kim, Cheong Ghil
    • Journal of the Semiconductor & Display Technology
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    • v.20 no.4
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    • pp.187-191
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    • 2021
  • In the digital world, the transactions of assets with intrinsic value can be applied to games, literature, art, and music by issuing NFTs (Non-Fungible Tokens) based on Blockchain; various NFT exchanges are emerging accordingly just like real world asset exchanges. However, there could be an issue of copyright infringement in those NFT transactions. Therefore, this paper has classified the types of copyright infringement that may occur in NFT exchanges and proposes the copyright infringement countermeasures according to them. For this purpose, 10 types of NFT exchange are examined. Eventually, it can be expected that the proposed countermeasures will contribute to the revitalization of the NFT market by providing solutions for those issues.

On-demand Evidence Collection of Host Infringement based on the Analysis of Severity levels (위험도 분석에 기반한 On-demand 방식의 호스트 침해 증거 자료 수집 방안)

  • Choi, Yoon-Ho;Park, Jong-Ho;Kim, Sang-Kon;Seo, Seung-U;Kang, Yu;Choi, Jin-Gi;Moon, Ho-Gun;Lee, Myung-Su
    • Proceedings of the IEEK Conference
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    • 2006.06a
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    • pp.33-34
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    • 2006
  • Computer Forensics is a research area which finds the malicious users by collecting and analyzing the intrusion or infringement evidence of the computer crime. Many research about Computer Forensics has been done. But those research have focussed on how to collect the evidence after receiving the damage reports from computer users or network administrators. This paper describes about collecting the evidence of good quality at the time of infringement occurrence by the malicious user. By calculating Infringement severity of observable and protective hosts and referring to this value, we collect the evidence at the time of infringement occurrence to minimize the information modification of the evidence. We can reduce also the amount of logs that we use to analyze the infringement and can minimize the loss of the evidence.

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A Study on the Real-time Cyber Attack Intrusion Detection Method (실시간 사이버 공격 침해사고 탐지방법에 관한 연구)

  • Choi, Jae-Hyun;Lee, Hoo-Jin
    • Journal of the Korea Convergence Society
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    • v.9 no.7
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    • pp.55-62
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    • 2018
  • Recently, as the threat of cyber crime increases, the importance of security control to cope with cyber attacks on the information systems in the first place such as real-time detection is increasing. In the name of security control center, cyber terror response center and infringement response center, institutional control personnel are making efforts to prevent cyber attacks. Especially, we are detecting infringement accident by using network security equipment or utilizing control system, but it's not enough to prevent infringement accident by just controlling based on device-driven simple patterns. Therefore, the security control system is continuously being upgraded, and the development and research on the detection method are being actively carried out by the prevention activity against the threat of infringement. In this paper, we have defined the method of detecting infringement of major component module in order to improve the problem of existing infringement detection method. Through the performance tests for each module, we propose measures for effective security control and study effective infringement threat detection method by upgrading the control system using Security Information Event Management (SIEM).

A study of service control strategies against infringement accidents (침해사고 대응을 위한 서비스 제어전략에 관한 연구)

  • Shin, Young-Sun;Park, Jin-Sub;Park, Jung-Jin;Lee, Hee-Sung
    • Journal of the Korea Society of Computer and Information
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    • v.12 no.4
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    • pp.127-136
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    • 2007
  • With the construction of vast networks, Internet based services such as online games and Internet banking are steadily increasing. As dysfunctions of the trend, various threats from worms/viruses to hacking are proliferating and new types and variations of worms/viruses are emerging. In response to the problems, telecommunication carriers and the government we establishing systems to cope with infringement accidents and resultant damages. However, in case of nationwide emergencies like the 1.25 Accident, infringement may spread rapidly while analyzing what kind of infringement it is and that may result in enormous losses. Thus, the paper purposed to analyze the states of infringement accidents occurring at each network and coping methods and checklist, based on the results. and to propose strategies for controlling services in case of large scale infringement accidents.

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Plagiarism and Copyright Infringement Status and Countermeasures of Undergraduate Students in Smart Environments (스마트 환경에서 대학생들의 표절과 저작권 침해 실태 및 대응 방안)

  • Kim, Tae-Hee;Kang, Moon-Seol
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.19 no.9
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    • pp.2180-2188
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    • 2015
  • Plagiarism in which people use other people's works partially or in entirety as if they are their own and infringement on copyrights that frequently occur in various forms under smart device environment are becoming one of the crucial problems that need to be solved for Korea to become an advanced nation. This paper investigates and analyzes how college students, the heaviest user of smart devices under various smart device environment, are committing plagiarism and copyright infringement and suggest a basic education plan to prevent plagiarism and copyright infringement. College students have a very low awareness of plagiarism and copyrights and the level of violation associated with plagiarism and copyrights infringement they commit from elementary school to college were found to be at a serious level. It was demonstrated that the solution suggested in this paper to solve these problems would be effective in enhancing the awareness of the bad effect of plagiarism and copyrights infringement along with their side effects.

A Feasibility Study on the Aid and Abet of Providers of Revenue for Copyright Infringement - Focusing on Comparing with the US Cases - (온라인 저작권 침해 수익원 제공자인 광고의 책임에 대한 연구 - 미국 사례와의 비교를 중심으로 -)

  • Kim, Chang-Hwa
    • Journal of Korea Technology Innovation Society
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    • v.20 no.4
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    • pp.1288-1308
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    • 2017
  • When looking at the online copyright infringement, the advertisements have served as a revenue source. Recently, copyright holders and state agencies have requested to stop and withdraw posting the ad. in order to prevent copyright infringement. This way is very easy and efficient. However, the problem is that it is not clear whether the request is appropriate. For the request to be valid, posting the ad. should be a kind of indirect infringement, or if not, it must have a suitable reason. If there is no basis or reason for the two, the request should not be asked recklessly. In the US relevant cases, something more than simple relationship with direct infringers or more material contribution to the direct infringement is required to impose secondary liability for copyright infringement. However, just posting the ad. cannot be considered as the close relationship and moreover, it is not material contribution. Thus, posting the ad. is not secondarily liable for copyright infringement. In addition, the bills which was proposed in 2011, so called SOPA and PIPA, had a provision which can stop and withdraw the ads in the piracy sites. Its opponents raised the following problems: withdrawing the ad. is the censorship, gives the burdensome to the sites, and causes the imbalance due to the overload protection of copyright. Also, under the ad blocker case, to remove the ad. discretionally consists of illegal activity or copyright infringement. As a result, because the request to stop and withdraw posting the ad. is not reasonable, the request should be asked carefully.

An Efficient Method of Forensics Evidence Collection at the Time of Infringement Occurrence (호스트 침해 발생 시점에서의 효율적 Forensics 증거 자료 수집 방안)

  • Choi Yoon-Ho;Park Jong-Ho;Kim Sang-Kon;Kang Yu;Choe Jin-Gi;Moon Ho-Gun;Rhee Myung-Su;Seo Seung-Woo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.16 no.4
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    • pp.69-81
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    • 2006
  • The Computer Forensics is a research area that finds the malicious users by collecting and analyzing the intrusion or infringement evidence of computer crimes such as hacking. Many researches about Computer Forensics have been done so far. But those researches have focussed on how to collect the forensic evidence for both analysis and poofs after receiving the intrusion or infringement reports of hosts from computer users or network administrators. In this paper, we describe how to collect the forensic evidence of good quality from observable and protective hosts at the time of infringement occurrence by malicious users. By correlating the event logs of Intrusion Detection Systems(IDSes) and hosts with the configuration information of hosts periodically, we calculate the value of infringement severity that implies the real infringement possibility of the hosts. Based on this severity value, we selectively collect the evidence for proofs at the time of infringement occurrence. As a result, we show that we can minimize the information damage of the evidence for both analysis and proofs, and reduce the amount of data which are used to analyze the degree of infringement severity.