분자 간 거리 감소에 의한 펜타센 박막트랜지스터의 전하 이동도 향상

정태호,Jung, Tae-Ho 한국전기전자재료학회 2012 전기전자재료학회논문지 Vol.25 No.7

In this study, the influence of the intermolecular distance on the charge mobility in a pentacene thin-film was investigated. In order to increase the mobility which depends on the ${\pi}$-overlap between molecules, the intermolecular distance was shortened by compressive force along the conduction channel. Pentacene thin-film was fabricated on flexible substrates bent outward at different radii to stretch the gate dielectric surface and then the substrates were unbent, producing the compressive force to the film. The result showed that the mobility increased proportionally to the strain applied during the pentacene deposition and the molecular packing inside a grain was not optimal for the charge transport.

한 벌의 물품의 디자인의 법제 분석과 문제점에 관한 고찰

정태호 ( Tae Ho Jung ) 한남대학교 과학기술법연구원 2015 과학기술법연구 Vol.21 No.2

Article 40 of the Design Protection Act states that (1) An application for design registration shall be filed for each design, (2) Any person desiring to file an application for design registration shall be subject to the classification of articles prescribed by Ordinance of the Ministry of Trade, Industry and Energy and show principle of One Application Per Design Registration. By the way, Design of One Set of Articles shall be a representative system among exceptions of this principle of One Application Per Design Registration. Article 42 of the Design Protection Act states that (1) Where two or more articles are used together as one set of articles, and where the design of such set of articles has a unity as a whole, the design may be applied for registration as one design, (2) The classification of a set of articles referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. The system of Design of One Set of Articles is a specific system that only exists in Korea and Japan, but there has almost not been separative study on characteristics and interpretative problems of this system and Design Protection Act amended all in 2013 and entered into force in 2014 come to need to be studied on wide interpretation of this law more in this system of Design of One Set of Articles. Therefore, this paper studies on specific requisites for establishment and registration, application procedures and relations with a design right, etc. concretely after studying fundamental significance, introduction background and history, etc. of Design of One Set of Articles in detail. And this paper makes mention of theories on amendment of this system additionally after it studies legislation analysis on Design of One Set of Articles and several problems all on this system, in which there has almost not been studied in the past. In conclusion, Design of One Set of Articles is a system for protecting designs which give a unity of beauty as two or more articles, but abolitionism of this system is coming to rise up because rather registrable kinds of One Set of Articles is restricted and thus there are problems on being discrepant from fast trend of change of design industry now. Therefore, I think it is reasonable that restriction of kinds of One Set of Articles shall be removed or, scope of one article or one design shall be enlarged and thus One Set of Articles shall be protected in the scope of One Application Per Design Registration.

권리범위확인심판에서의 진보성결여에 근거한 특허무효 및 특허권남용 판단에 관한 비판적 고찰

정태호(Tae-Ho Jung) 한국기업법학회 2011 企業法硏究 Vol.25 No.1

Recently, Patent Court judged that a patent right has not been effective on the other worked invention by accepting defense of invalidation of patent based on a Absence of Nonobviousness in a trial to confirm the scope of a patent(Patent Court Decision No.2008Heo3889; February 18. 2009). And this determination was also based on an abuse of patent right. In case Patent right has been granted against a requirement for patent, nonobviousness, this right must be only nullified by a trial to invalidate a patent. And Supreme Court has judged on whether a patent didn't have novelty but has not judged on whether a patent didn't have nonobviousness in a trial to confirm the scope of a patent. But in the above Patent Court's decision, it was determined that a patent didn't have nonobviousness and further exercising the patent right fell in an abuse of patent right in a trial to confirm the scope of a patent against the above Patent Law's principle and the former Supreme Court decision. I think that the determination of Patent Court like this is unreasonable. In a trial to confirm the scope of a patent, determination of invalidation of patent and an abuse of patent right based on an Absence of Nonobviousness shall not be accepted in accordance with Patent Law's principle in a trial to confirm the scope of a patent and for the significance of the existence of a trial to invalidate a patent. In conclusion, I think that it is necessary to set up definite guidelines on concrete determinations about a trial to confirm the scope of a patent in Patent Law and trial systems of Intellectual Property Tribunal.

저작권법상 온라인에서의 허락없는 번역물에 관한 시정권고 제도의 한계

정태호(Jung, Tae Ho) 충북대학교 법학연구소 2017 과학기술과 법 Vol.8 No.2

Article 133-3 of the Copyright Act states that where the Korea Copyright Protection Agency, as a result of investigation into information and communications network of an online service provider, has found a fact that illegal copies, etc. have been interactively transmitted, it may recommend an online service provider to take corrective measures falling under the following subparagraphs, following deliberation by the Copyright Protection Deliberation Committee: 1. Warnings to reproducers or interactive transmitters of illegal copies, etc.; 2. Deletion and suspension of interactive transmission of illegal copies, etc.; 3. Suspension of accounts of reproducers or interactive transmitters who have repeatedly transmitted illegal copies, etc. . By the way, whether the above provision can be applied to translations separated from moving images is controversial. I think it is not reasonable that the Korea Copyright Protection Agency makes recommendations of correction on unauthorized online translations since it is difficult that the Copyright Protection Deliberation Committee determines substantial similarity, substitutability in market, etc. for derivative Works such as translations.

비정상성 강우빈도해석을 위한 기상인자의 적용 가능성에 관한 연구

정태호(Jung, Tae-Ho),김한빈(Kim, Hanbeen),안현준(Ahn, Hyunjun),허준행(Heo, Jun-Haeng) 대한토목학회 2018 대한토목학회 학술대회 Vol.2018 No.10

지류유입에 따른 조도계수 영향성 분석

정태호(Jung, Tae Ho),김연수(Kim, Yeon Su),황신범(Hwang, Shin Bum),김상호(Kim, Sang Ho) 대한토목학회 2017 대한토목학회 학술대회 Vol.2017 No.10

Burr XII 분포형을 이용한 확률강우량 산정 및 비교

정태호(Jung, Tae-Ho),김태림(Kim, Taereem),서정호(Seo, Jungho),허준행(Heo, Jun-Haeng) 대한토목학회 2017 대한토목학회 학술대회 Vol.2017 No.10

영업비밀의 요건과 업무상 배임죄에 관한 비판적 고찰

정태호(Tae-Ho Jung) 세창출판사 2012 창작과 권리 Vol.- No.66

Article 2, Section 2 of Unfair Competition Prevention and Trade Secret Protection Act states that "Trade Secret" means information, including a production method, sale method, useful technical or business information for business activity, that is not known publicly, is the subject of considerable effort to maintain its secrecy and has independent economic value. Particularly, given the article, the "maintaining secrecy" is an important standard of judgment for trade secret. However, recently most courts is applying a crime of occupational breach of trust of the Criminal Act Article 356 to many cases related to infringement of trade secret based on "important business assets" since they strictly determine the standards on the existence of "maintaining secrecy" based on the application of the term "considerable effort". However, diverse analyses and arguments from a case can be occurred for the abuse of important business assets because the Criminal Act has not clearly defined the meaning of the "important business assets". According to this situations, it may be actually meaningless to insist on an act of infringement of trade secret based on Article 2, Section 2 of Unfair Competition Prevention and Trade Secret Protection Act. Thus, this paper studies the relations between requirements for trade secret and a crime of occupational breach of trust focusing on the recent Supreme Court Decision No.2009Do3915; June 30. 2011, which has trade secret and important business assets cases in it. Furthermore, this paper insists on relaxing standards of requirements for trade secret and critically analyses and examines the abuse of a crime of occupational breach of trust based on important business assets from the subject case.

만성 알코올리즘 환자의 임상적, 전기진단학적 평가

정태호(Tae-ho Jung),박동식(Dong-Sik Park),남희승(Hee-Seung Nam),이상억(Sang-Eok Lee),김동현(Dong-Hyun Kim) 대한임상노인의학회 2008 대한임상노인의학회지 Vol.9 No.4

Background: Peripheral neuropathy is a frequent complication of chronic alcoholic patients. This study was to evaluate nutritional status, electrophysiological study, and to correlate alcohol history with Toronto Clinical Neuropathy Scoring System (TCNSS) and nutritional parameters. Methods: The study involved 34 patients aged 56.7±10.6 years who were diagnosed as chronic alcoholism according to DSM-IV criteria. Alcohol history was evaluated with multiplying Standard Drink (SD) with duration (year) of alcohol abuse and it was 495.24±384.81 (SD*years). Electrophysiological studies including sensory and motor conduction, H-reflex, F-wave were performed. TCNSS combines information obtained from score of symptoms, reflex test, sensory test. For nutritional status, laboratory test included hemoglobin, mean corpuscular volume (MCV), folate, albumin in blood. Results: Electrophysiological studies showed small amplitude of sensory nerve action potential in 5 (5.8%) cases of median nerve, 14 (41.1%) and 13 (38.2%) cases of superficial peroneral and sural nerve. For motor conduction studies, 3 (8.8%) and 3 (8.8%) cases of peroneal and tibial compound muscle action potential showed small amplitude. H-reflex of onset latency showed abnormal in 17 (50%) cases and F-wave of onset latency showed abnormal in 15 (44.1%) cases. Laboratory evaluation shows 2 (5.8%) cases of low hemoglobin, and 6 (17.6%) cases of low albumin level. There were no significant correlations between alcohol history and TCNSS, nutritional parameters. Conclusion: This study showed that nerve conduction studies were abnormal about half of the patients and sensory fibers are more frequently involved, especially in the lower limbs, mostly axonal neuropathy. Serum albumin deficiency was the most frequent abnormal nutritional parameter. There were no correlations between alcohol history and Toronto Clinical Neuropathy Scoring System, nutritional parameters.

다국적 기업의 특허권 라이선스 계약의 거래거절에 관한 공정거래법상 적용 문제의 검토

정태호(Jung, Tae-Ho) 조선대학교 법학연구원 2014 法學論叢 Vol.21 No.2

최근에 다국적 기업이 국내 진출 확대목적을 위하여 지배적 지위의 남용으로써 불공정한 상황을 초래하여 중소기업 등의 피해가 발생하였다는 비판적인 언론보도들이 나타난 바 있다. 미국에서도 다국적 기업들과 관련되어 특허권을 비롯한 지식재산권에 근거한 거래거절행위의 사례들이 다수 존재하나, 특허권의 라이선스 계약의 거절행위가 셔먼법(Sherman Act) 제2조를 위반한 부당한 독점행위에 해당하는지에 대하여 연방 법원들은 견해의 일치를 이루지 못하고 있다. 그러나 특허권의 라이선스 계약의 거절행위와 관련하여 유럽연합의 법원은 미국의 연방 법원과는 달리 지식재산권의 라이선스 거절에 대하여 상대적으로 명확한 기준에 기초하여 경쟁법의 적극적인 개입을 허용하고 있는 것이 특색이며 유럽연합의 가이드라인상으로도 이와 관련된 구체적인 기준을 정립하고 있으므로, 이에 대해서 구체적으로 참고할 필요성이 있다고 생각된다. 일본에서는 이에 관한 명확한 기준은 아직 정비 중이며, 거래거절에 관한 주목할 만한 판례와 공정거래위원회의 심결이 나오고 있기도 하다. 우리나라는 아직 특허권의 라이선스 계약의 거래거절에 관한 법원의 판례가 나오고 있지는 않으나, 기존의 거래거절에 관한 판례에 따라 관련 법리를 정립할 수 있을 것이며, 공정거래위원회의 지식재산권의 부당한 행사에 관한 심사지침에서도 특허권의 라이선스 계약의 거래거절의 위법성 판단에 관한 명확한 기준의 정립이 필요할 것이다. 결국 유럽연합에서의 특허권 라이선스 계약의 거래거절의 위법성을 결정하는 '예외적인 상황'에 관한 판단법리를 다국적 기업의 라이선스 거절의 위법성 판단에 있어서 우리나라에서도 참고할 필요가 있다고 생각되며, 특허권 라이선스 계약의 거래거절의 유형들인 순수 거래거절과 조건적 거래거절 등과 같은 거래거절의 종류에 따라 공정거래법상 위법성 판단기준을 각각 다르게 정하여야 할 것이다. Recently there have appeared critical media reports that Multinational Corporations brought about unfair situations and damage has occurred to smaller businesses by the abuse of dominant position in order to expand entering the domestic(Korean) market. In the United States many cases of the unilateral refusals of Multinational Corporations based on intellectual property rights including patent right have existed, but opinions of the federal Courts have not agreed with one another on whether the unilateral refusals of patent right license violating Sherman Act Article 2 come under the act of unfair monopoly. However, the European Union's Courts unlike the federal courts of the United States have the traits which they would allow the active involvement of the Competition Act on the basis of clear criteria relatively with respect to the unilateral refusals of a license of intellectual property right including patent right and the Guidelines of the European Union is also to establish specific criteria related and therefore I think it is necessary to refer to that specifically. In Japan, the standard is not yet established clearly in this regard but notable decisions of courts and the Fair Trade Commission are showing up. In Korea, decisions of courts are not yet showing up with respect to the the unilateral refusals of patent right license but the relevant legal principles will be able to be established in accordance with the existing cases of the general unilateral refusals. The Fair Trade Commission's Examination Guidelines on Improper Exercise of Intellectual Property Rights is also required to establish clear standards on determining violation of the unilateral refusals of patent right license. In Conclusion, I think that Korean courts and the Fair Trade Commission need to refer to the legal principles such as 'exceptional circumstances' determining violation from representative cases of the European Union with respect to Multinational Corporations' unilateral refusals of a license of intellectual property right including patent right and it is necessary that the standards determining the violation in the Monopoly Regulation and Fair Trade Act will be established in different levels depending on types of the unilateral refusals of patent right license, such as conditional refusals and pure refusals, etc.