정상으로 보이는 후두에서 음성변화의 감별진단

손호진,최승호,Son, Ho Jin,Choi, Seung Ho 대한후두음성언어의학회 2016 대한후두음성언어의학회지 Vol.27 No.2

Voice is a physical phenomenon, generated by vocal fold and expiratory airflow. Dysphonia should come from abnormal vocal fold and airflow. Occassionally larynx looks normal in show, but it is actually not. There should be undetected structural or functional abnormalities. So when ENT doctors face dysphonia patients who looks normal larynx, should make a diagnosis through close observation. In this review article we present some dysphonia diseases which looks normal larynx. For example vocal fatigue, vocal fold paresis, posterior glottic diastasis, muscle tension dysphonia and psychogenic dysphonia.

마이크로중력 과학미션 수행용 큐브위성의 전력계 분석 및 예비설계

손호진(Ho-Jin Son),임남규(Nam-Kyu Lim),이명규(Myung-Kyu Lee),김진혁(Jin-Hyuk Kim),이수한(Su-Han Lee),장정익(Jung-Ik Jang),남원식(Won-Sik Nam),박설현(Seul-Hyuk Park) 한국항공우주학회 2018 한국항공우주학회 학술발표회 논문집 Vol.2018 No.4

특허권의 부당한 행사에 대한 규제 -비실시특허권자의 특허침해금지청구권의 남용을 중심으로-

손호진 ( Ho Jin Son ) 안암법학회 2011 안암 법학 Vol.0 No.34

In today`s knowledge-based society, an invention, the product of the creativity of human beings, is the source of the most important assets and such creativity has lead innovation in the community. Therefore, the ultimate purpose of intellectual property law can be described to be as the promotion of ``public interests`` by constant innovation. However, focusing on legal claims on the owner`s rights of patent rather than a means of innovation, they force the related parties to stand in the court waging the wasteful patent war instead of making efforts in laboratories or offices to develop and innovate technology. One of the most controversial issues is patent misuse of NPEs. The patent owner who do not have production facilities and sales organizations can abuse of request for injunction against infringement to obtain huge profits through the litigation, namely to impose an excessive royalty. Korea Patent Law §126(1) provides that patent owners or exclusive licensees can claim for in case that someone infringes or is likely to infringe his right. Also §126(2) reads that patent owners or exclusive licensees can claim for the shutdown of things setting up the infringement, the elimination of the facilities provided for the infringement and the necessary actions for the prevention of infringements. It, however, doesn`t have equity rule like US patent law §283. So far it doesn`t seem that Korean courts have considered patent owner`s act as a patent abuse and rejected his claim for the prohibition of infringements. Thus, in such cases, we can apply the general law, the civil law that is complementary to the patent law. In case that a patentee exercises his rights out of the purpose of patent law, courts should ask the other party only to prove the objective requirements that there is significant imbalance between right owner`s interests and the other`s harmed interests and have the judgement considering the interests of the protection of individual right and all the surroundings. Therefore, if someone like patent troll claims for the prohibition of infringements to pursuit interests out of scope of patent law, his claims should be denied under abuse of right rule in the civil law.

Dye-Sensitized Hybrid Photocatalyst for Carbon Dioxide Reduction

Ho-Jin Son(손호진) 한국에너지기후변화학회 2016 한국에너지기후변화학회 학술대회 Vol.2016 No.5

상표권 남용 법리의 재고찰

손호진(Son, Ho-Jin) 충북대학교 법학연구소 2013 과학기술과 법 Vol.4 No.1

It is specified that Korean Trademark Act completes the appeal-for-invalidation procedure of the trademark registration prepared independently when a registered trademark corresponds to a fixed reason, and can repeal the registration. Therefore, a trademark is not invalid if the trial decision of repealing by such judge of Korean Intellectual Property Tribunal does not become final and conclusive, although there are registration grounds for invalidation even if, since it was registered for a while. However, if the trademark which can not satisfy regulation of Trademark Act about trademark registration, and can not obtain registration is wrong, and is registered as a trademark, or it is after trademark registration and registration grounds for invalidation occur, only the trademark registration is only maintained formally. By the way, it not only damages unfairly monopoly and the public interest relevant to use of 'trademark if it enables it to use exclusively without special restriction of a trademark right, but it is arranged at the purpose of Trademark Act. Moreover, you have to use so that a trademark right may also suit the above one definition of private property rights. therefore, the trademark holder use a trademark being formally registered as a trademark, although there is no value clear trademark registration invalid and protected legally injunction on infringement or, Enabling it to charge reparations etc. gives a trademark holder unjust profits, and it only inflicts an irrational pain and damage on the person using the trademark. Therefore, you have to conclude that the Article 2 abuse-of-right prohibition provision of Civil Code can deny the effect of such an opinion. However, it has a problem that the court which takes charge of an infringement litigation without completing the procedure of an appeal for invalidation for the judgment about the registration invalidity of the trademark registered through examination of the Patent Office does psychology and judgment of to the invalid existence of trademark registration. Therefore, it must be prudent at the point that there may be an arbitrary interpretation of the court which disregarded the current law system.

상표권과 상호권의 합목적적 양립을 위한 상표법 개정방안 연구

손호진 ( Ho Jin Son ) 안암법학회 2012 안암 법학 Vol.0 No.39

Trade names as well are marks the can be considered as trademarks. Thus when trade names can function to display the origin of goods without trademark registration, the validity range of trade names can overlap on the validity range of registered trademarks. Therefore, the person who registered trademark can exercise claim for use of trade mark to the persons who are using same or similar trade marks for the same or similar goods or services. (Trademark Act article 65) However, The Trademark Act article 51.1.1 states that the validity of trademark authority is limited in case the trademarks are expressed with commonly used method, and thus the users can use same or similar trademarks to the registered trademarks as they are. The problem is that the legal provision hardly clarify what ``the case of trademarks are expressed with commonly used method`` is and thus wholly depending on interpretation of the court. The court consistently uses the term ``the case of trademarks are expressed with commonly used method`` as not only ``expressing Trade names without distinguishable method such as unique calligraphic style, color or designed letters`` but also ``the case where the consumers can recognize its trade name from its appearance. However, such interpretation by the court is deriving various problems in the reality. First of all, though the trade names expressed in unique calligraphic style, color, shape or designed letters are not considered as commonly used method, in the reality, there are many cases of expressing trade names with their unique logo rather than expressing with letters. At the same time, there are many cases using various calligraphic styled letters so that being off the validity of trademark authority. In such cases, after registering those marks used as trade name, the user who registered can claim prohibition of using same trade name by other users. Also, the exclusive authority can be neutralized when using same or similar trade names without specially designed letters, Therefore, through a clear legislation of law on the meaning of ``the case of trademarks are expressed with commonly used method`` from The Trademark Act article 51.1.1, legal stability should be secured. Also, right of the users with legal authority on trademarks should be reinforced by assuming the copy of other`s trademarks after registration as vicious competition.

폐쇄적 DRM의 문제점과 법적 해결방안

손호진(Ho-Jin Son) 세창출판사 2008 창작과 권리 Vol.- No.51

In essence, the intellectual property right is exercised by permitting an authorized use of the copyrighted works. The technological innovation of internet and digital contents has provided us the platform for the marketplace of trading various copyrighted works. On the other hand, these digital contents are easy to make copies so that illegal copies have caused monetary damages to the copyright holders. Accordingly, the copyright holders started to use the Digital Rights Management(DRM) as defense to the copyright infringement. However, it is important to note that there is another motive in enforcing the DRM by the copyright holders of intellectual property. They want to use it as a fence for others to enter their market or a tool for unfair interference with trade of others. In addition, consumers are hampered who paid fair prices for copy righted works since they are restricted in their use of the purchased items to the full extent. It isn't only against the concept of ownership which allows one to use and enjoy property without any control, but also it is against the purpose of copyright law to promote the 'Private Copying' of copyrighted works. The foundation behind the advent of intellectual property is to provide strong financial incentives for the creation and dissemination of copyrighted works so that they expand the scope of human culture and technology, which leads to mutual prosperity. However, the DRM has affected the improper restriction on the rightful exercise of copyright users on the pretense of copy right protection. Therefore, we need to strengthen the interoperability by standardizing the DRM technology.

공정거래법에 의한 지적재산권 남용 규제

손호진(Ho Jin Son) 중앙법학회 2011 中央法學 Vol.13 No.1

The rigid regulatory enforcement of Antitrust Law alone would wither the intellectual property rights system itself and cause the contraction of innovation. Thus, the standard of undue exercise of intellectual property has to be used in the purpose of intellectual property law. In this regard, the author strongly believes that Antitrust Law should be applied to regulate ``IP Misuse``. However, in reality, the Fair Trade Commission`s lack of expertise and manpower is predictable enough in the patent area of sharp conflict of technological ideologies. Therefore, the IP Misuse is bound to be a remedial relief in the enforcement of Antitrust Law. Many empirical studies of the economy warn that without competition, intellectual property rights would be strengthened excessively and rather slow the rate of innovation. The best innovation of intellectual property can be realized only when the protection of intellectual property is maintained proportionally spaced from the competition policy. Therefore, it is the author`s view that Antitrust Law needs to regulate the misuse of intellectual property rights. Particularly industries related to intellectual property are changing so fast that urgent relief measures will be essential. It is because it usually takes months or years before the Fair Trade Commission investigates and takes corrective actions, and the court decides on the case. Thus, there are high concerns on effectiveness and time. In addition, market timing is an absolutely critical matter in intellectual property-related industries. Where a potential market entrant is discouraged to enter into the market due to a collective refusal to deal with a potential competitor to market, the market enterpriser would have no choice but to abandon the relevant business unless the refusal to deal is banned immediately. So, the resulting damage in the form of compensation for damages is hard to prove it in practice since there is lack of economic motives in the claim to increase the chance of monetary damages. In light of this problem, Antitrust Law should introduce ``private action for injunction under Antitrust Law`` to allow the claim of those who are likely to be inflicted with injury or damage to the court to injunct the unlawful act. More over, Intellectual property rights are usually associated with the highly specialized area of the industrial sector and it is not easy for the Fair Trade Commission to recognize the violation of law. In other words, it is hard to find the best solution to promote competition. Accordingly, it is necessary to introduce the consent order to investigate and deliberate process of self-corrective measures proposed by enterprisers. When the competition authority recognizes the validity of the corrective measures, the competition authorities will close the case quickly without investigating the violation of law.

마이크로중력 과학미션 수행용 초소형 위성의 시스템설계

김진혁(Jin-Hyuk Kim),장정익(Jung-Ik Jang),이수한(Su-Han Lee),장민수(Min-Su Jang),임남규(Nam-Kyu Lim),손호진(Ho-Jin Son),이명규(Myung-Kyu Lee),엄재량(Jaer-yang Eom),박설현(Seul-Hyun Park) 한국항공우주학회 2018 한국항공우주학회 학술발표회 논문집 Vol.2018 No.11

갑상선 혈종의 보존적 치료 1예

정영도,김덕수,손호진,김정규,Jung, Young-Do,Kim, Deok Su,Son, Ho Jin,Kim, Jeong Kyu 대한두경부종양학회 2018 대한두경부 종양학회지 Vol.34 No.1

Thyroid hematoma secondary to a blunt trauma is a rare problem. Despite the rarity, it can be a life-threatening condition with tracheal compression. Both surgical exploration and conservative management have been suggested for thyroid hematoma. However, there is still controversy on the optimal treatment. A 67-year old man who progressed severe dyspnea and neck swelling was transferred to the emergency department with a blunt anterior neck trauma after traffic accident. Contrast enhanced neck computed tomography scan showed huge hematoma within the right thyroid gland and slight tracheal deviation without prominent airway obstruction. One day later, anterior neck swelling was aggravated and the patient was intubated to prevent airway obstruction. After 3 days, hematoma resolution was revealed and extubation was done. We report this case with a review of literature.