대중음악평론가 강헌 : 대중문화의 운명을 읽다

강헌,신기주,권영탕(사진) 인물과사상사 2016 인물과 사상 Vol.- No.-

생태산업단지의 효율적인 토대 구축을 위한 산업생태학의 적용 방안에 관한 연구

강헌 수원대학교 산업기술연구소 2004 산업기술연구소논문집 Vol.19 No.-

One of most improtant concepts of industrial ecology is that, like ecological system, it rejects the concept of waste. And one of most concepts of eco-industrial park is that recovered material and waste are donated or sold to other organization within the industrial park. So, we will apply some waste concepts of industrial ecology for building the better eco-industrial park.

자동차 내/외판재용 알루미늄 합금 개발 동향

강헌,김성녕,구남훈 한국소성가공학회 2019 한국소성가공학회 학술대회 논문집 Vol.2019 No.10

나노기술특허보호의 진보성요건에 관한 연구

강헌 한국경영법률학회 2008 經營法律 Vol.18 No.4

The prosecution of nanotechnology-related patent claims is sure to raise unique problems. As technology continues to become increasingly more complex, we need to reexamine the rationale behind prior developed legal doctrine as applied to today's technology. One of most important problems is whether the miniaturization of known existing patented products to the nano-scale, standing alone, would satisfy the nonobvious patentability requirement. Substantial and fundamental differences exist between the world of nanotechnology and the traditional macro-technology world. Matter behaves uniquely when reduced to the nano-level. Furthermore, nano-scale interactions become dominated by quantum mechanical effects that are too weak to notice on the prior art at the macro-level. Based on the striking physical transformation that occurs when a prior art crosses from the macro-scale to the nano-scale, “the nano-scale is not just another step toward miniaturization, but a qualitatively new scale.” If the combined scope and content of all the available prior art does not enable a PHOSITA to produce the nano-scaled version of an existing device, it may not be legally concluded that the nano-scaled claimed invention is obvious, even if there is no difference other than size. Therefore, the miniaturization of existing, macro-scale, patented products to the nano-scale, standing alone, will satisfy the non- obviousness patentability requirement when the prior art references fail to provide an enabling method that puts the public in possession of the nano-scaled version.

산업표준의 포획에 대한 구제수단

강헌 한국지식재산학회 2004 産業財産權 Vol.- No.15

A number of remedies may apply when patents on the subject matter of industry standards conflict with the full achievement of the purposes of those standards. Several nonpatent law remedies were applied in earlier cases of standards capture, including antitrust and contract-based remedies (fraud, equitable estoppel, and implied license). But These remedies have inherent limitations. So the application of the patent law-derived remedies of mandatory disclosure, compulsory licensing, and patent misuse-based nonenforcement to target certain cases of standards abuse by patent owners is to be considered. The sensitivity of the patent misuse doctrine to the public policy makes the misuse doctrine a viable and important tool to remedy abusive standards capture by patent owners beyond the marketplace impact-focus of antitrust analysis. In the case of a technology standard promulgated by industry, the key inquiry should be whether the patentee disclosed the existence of its patent or patent application to the standards-setting body while that body had an opportunity to select an alternative, nonproprietary standard. If the patentee's nondisclosure of its intellectual property rights to the standards- setting body was intentional, Courts should refuse to enforce the patent altogether under the patent misuse doctrine, thus depriving the patentee of any remedy, injunctive or monetary, for use of the patented invention. And compulsory licensing should be imposed if the patent owner refuses to license all users of the standard.

도메인이름의 보호에 관한 연구

강헌 培材大學 附設 社會科學硏究所 2005 사회과학연구 Vol.27 No.-

The emergence of an information society highlights the incredible success of the Internet and its role as a noncommercial resource. The information society is a new social structure that has arisen with the onset of the Internet. The mere existence of this structure demonstrates the powerful role the Internet now plays in our daily lives. Internet users send mail, experience virtual reality, and have real-time conversations online. In addition, the Internet has been praised for its exceptional educational value. Increased use of the Internet, coupled with the increased value of domain names, has created a fast-growing domain name registration business. Registration of a domain name occurs on a first-come, first-serve basis. Equally important, domain name registration is recognized internationally. This differs from trademark registration because trademarks are registered according to certain domestic government rules and are subject to geographic parameters. So domain name disputes will have to be resolved in many ways.

[특집 : 한국사회의 저항운동 -문화분야3] 한국 음악운동의 전개와 앞으로의 전망

강헌 한국인문사회과학회 1988 현상과 인식 Vol.12 No.2

인터넷시대의 商標의 普通名稱化에 대한 방어전략

강헌 한국기업법학회 2005 企業法硏究 Vol.19 No.3

As with many aspects of the law, the relatively recent explosive growth of the Internet with regard to commerce is likely to affect the genericide doctrine. A rise in the number of Internet-related trademark lawsuits speaks toward a growing connection between trademark doctrine and e-commerce. While applying the genericide doctrine to the Internet necessarily implies a high degree of speculation because of the lengthy period of time it takes a mark to become generic from its inception, the permanence of cyberspace in our culture mandates some treatment. The dramatic increases in Internet business and commercial technology suggest that there will be more and faster instances of trademark genericide. Nevertheless, companies are not forced to accept the bleak consequences of these advances; they can abate the death of their trademarks by using the same technology that threatens to kill them. The strength and efficacy of these measures are bounded only by the limits of a company's initiative and imagination in implementing them.

판매 후 혼동이론에 관한 연구

강헌 한국경영법률학회 2009 經營法律 Vol.20 No.1

In post-sale confusion cases, the immediate buyer is not confused about the source of (often) counterfeit goods, but prospective buyers and the general public are likely to be confused. Numerous harms may result from this type of use even if there is no confusion to buyers; (1) the viewing public, as well as subsequent purchasers, may be deceived if expertise is required to distinguish the original from the counterfeit, (2) the purchaser of an original may be harmed if the widespread existence of knockoffs decreases the original's value by making the previously scarce commonplace, (3) consumers desiring high quality products may be harmed if the original manufacturer decreases its investment in quality in order to compete more economically with less expensive knockoffs, (4) the original manufacturer's reputation for quality may be damaged if individuals mistake an inferior counterfeit for the original. On the other hand, An eight-factor test for determining likelihood of confusion is employed: (1) strength of the plaintiff's mark, (2) relatedness of the goods, (3)similarity of the marks, (4) evidence of actual confusion, (5) marketing channels used (6) likely degree of purchaser care (7)defendant's intent in selecting the mark and (8) likelihood of expansion of the product lines.

미국에서의 지적재산권법 역외적용에 관한 연구

강헌 한국경영법률학회 2006 經營法律 Vol.17 No.1