International Disputes over the Intellectual Property Rights(4)

Study on international disputes over the intellectual property rights

Namely, the Korean court decided vividly that even if an intellectual property had been invented in a foreign nation but if a suit should be brought for its infringement or protection in Korea, the Korean law would be applied to the case according to 'lex loci protectionis.' 

The fact that the Korean court applied 'lex loci protectionis' to the case based on Article 24 of Private International Law specifying "Intellectual property rights shall be protected by the law of the nation where they are infringed upon" is interpreted in such a way that 'lex loci protectionis' accepted widely in determining the governing law for the international disputes over the intellectual property rights should be more realistic.

On the other hand, a variety of international efforts are being made to unify the standards for determining the governing law for the international disputes over the intellectual property rights. The model examples of such movements are Berne Convention, Rome Convention, and the like. 

International Disputes over the Intellectual Property Rights(3)

Study on international disputes over the intellectual property rights

Despite the criticism that it does not properly reflect the changing international environment, 'lex loci protectionis' has provided for some important standards for resolution of the international disputes over the intellectual property rights. 

Accordingly, even though it is deemed necessary to introduce some concepts of 'lex loci origins' in order to interpret 'lex loci protectionis' anew, significance of 'lex loci protectionis' related to the governing law is expected to be highlighted continuously afterwards.

Such a trend is well reflected in 'Von Dutch' case. When the US designer died, companies of various nations attempted to take over his intellectual property right to use it for their trademarks. In this 'Von Dutch' case, the Korean court made it clear that it had applied 'lex loci protectionis' to the case according to territorialitatsprinzip.

International Disputes over the Intellectual Property Rights(2)

Study on international disputes over the intellectual property rights

Acts and judicial precedents of nations and the international trends show us well how 'territorialitatsprinzip' has been applied to the international disputes over the intellectual property rights. 

When territorialitatsprinzip is reviewed, the focus of discussion may well be shifted to the governing law; which nation's law should be applied to the disputes over the international transactions? 

Upon considering such principles for determining the governing law as 'lex loci protectionis,' 'lex loci origins' and 'lex fori,' it could be confirmed that 'lex loci protectionis' is being established as a primary principle. 

International Disputes over the Intellectual Property Rights(1)

Study on international disputes over the intellectual property rights

As the wave of a global community is stronger, the international disputes over the intellectual property rights are increasing rapidly in the international society. 

Furthermore, the rapid development of communication means not limited by time and space as internet together with more convenient transportations serves to increase the international disputes over the intellectual property rights necessarily.

In such circumstances, this study focused on 'territorialitatsprinzip' and 'lex loci protectionis' both applied to the multi-national disputes over the intellectual property rights. The former principle mainly applied to determine the jurisdiction of the criminal cases has played a great role in solving the international disputes over the intellectual property rights.

Walking around Cafes in Indonesia(3)

Introduction of Indonesian cafes along with local coffee culture

In doing so, I've introduced 20 impressive cafes in Indonesia to COFFEE SPACE. 10 most memorable places out of the 20 were finally came on my e-book, 'Walking around Cafes in Indonesia'.

Cafes in Jakarta, center of the nation's politics and economy, and cafes in Surabaya and Bandung, respectively 2nd and 3rd biggest city of Indonesia are included. Cafes in Bali, world-famous holiday island, and in Tokyo, Japan are touched upon as well. 

'Walking around Cafes in Indonesia' is based upon the coffee lover's honest passion for Indonesia. Sincerely hope my book could turn out handy to guide potential readers to the new world of Indonesian coffee.

Walking around Cafes in Indonesia(2)

Introduction of Indonesian cafes along with local coffee culture

My desire to truly explore the local coffee culture becomes stronger as my experience on Indonesia gets richer in both quantity and quality. That finally led to my frequent visits to cafes in the country.

 

By that time, I also started working as an Indonesian correspondent for COFFEE SPACE, a monthly coffee magazine issued in Korea. Whenever available, I tried to walk around cafes with decent reputation here and there in the nation. 

Indonesian friends were generous enough to advise me places to navigate. Bookstores were right spots where I managed to collect useful information especially on weekend.

Walking around Cafes in Indonesia(1)

Introduction of Indonesian cafes along with local coffee culture

It was back in 2013 when I first tapped into Indonesia. Since then, I sometimes stayed in the country over several months, sometimes purchased round trip flight tickets between Seoul and Jakarta twice a month. 

It all has severed me a precious opportunity to come closer with the 'Country of Equator'. As my horizon on Indonesia got broadened, the country came to me with diverse attractions. Coffee, called 'kopi' in the local language is one of the charming characteristics. 

Though somewhat unfamiliar to most Korean people, Indonesia is the 3rd largest producer of coffee globally after Brazil and Vietnam. 

Broadening global horizon and building up rich friendship(10)

Broadening global horizon and building up rich friendship

Putting the title of a filed study in the shade, energy and vitality was rarely noticed on the sport as if reflecting gloomy economic situation in Hawaii. Last not but least, comparing other corporate scholarship programs, Fujitsu scholarship assignments seems much. 

I understand each company has different point of views on their scholarship policies as part of its CSR (Corporate Social Responsibility) activities. However, even requiring an additional assignment after students go back to their home country sounds not a reasonable idea. Once given, it could be better to leave the scholarship entirely in the hands of students.

In spite of some shortfalls, in general, EWKLP and Fujitsu scholarship is well-organized enough to realize my goals which I dreamed back in Korea last year. Once again, I truly appreciate all JAIMS staff and Fujitsu personnel for letting me broaden global horizon and build up rich friendship. And I hope JAIMS and EWKLP will make more distinct presence in the international community soon.

Broadening global horizon and building up rich friendship(9)

Broadening global horizon and building up rich friendship

Thanks to precious friends, I carved enormous valuable memories deep in my heart. In some way, more than EWKLP curriculum itself, from the bottom of my heart, I appreciate spending 3 months with 19 wonderful and splendid friends. 

Looking back on, there are things which I hope to be improved or fixed in the near future. For example, I still can’t fully understand why students have to submit a key learning report per each class. Some class lasted only 2 or 3 hours and contents were not clear as well. 

Under this circumstance, requiring a key learning report is asking too much. Students may have strong temptation of cooking up stories. Additionally, a couple of outdoor activities such as visits to Swap Meet and Honolulu Zoo were way from expectation. 

Broadening global horizon and building up rich friendship(8)

Broadening global horizon and building up rich friendship

Each single student has different background. Some are from Eastern Asia, some from South-Eastern Asia, one even from Europe. And their gender, age, types of work and interests are not identical. 

However, from the day one, we were just like long-time friends. And as time went by, this friendship grew more and more strengthened. What we shared most was class. We talked, discussed and presented almost all topics.

However, at the same time, we played hard and enjoyed plentiful outdoor activities such as travelling, marathon, table tennis, surfing and swimming. In short, we were none other than a family. 

Broadening global horizon and building up rich friendship(7)

Broadening global horizon and building up rich friendship

In that even full-time MBA education pays more and more attention on real work experience these days, through non-academic instructors, delivering the hot issues of the outside world is remarkable merits of EWKLP. 

In doing so, not only EWKLP succeeded in differentiating itself from similar scholarship programs, but also students could balance between the 'Gemba' and textbook theories and models as a professor Ikujiro Nonaka pointed out during his class. These lessons approached me as something more global, timely and practical.

Secondly, I'd like to make special comments on friendship. In the individual page of the yearbook, I wrote down, "Let's keep our thicker-than-blood friendship for good!" Truly speaking, it is exactly what I felt from the 19 dear classmates.

Broadening global horizon and building up rich friendship(6)

Broadening global horizon and building up rich friendship

As a management institution, to some extent, business related subjects are mostly stressed over the whole curriculum inevitably. However, time to time, non-business subjects, to name a few, philosophy, anthropology, Buddhism and Confucianism, decently covered as well. 

In this time of economic downturns when CEOs (Chief Executive Officer) seek more business opportunities from liberal arts, non-business curriculums made EWKLP classes richer and richer. 

Moreover, the fact that not all instructors are full-time professors rings a big bell to me. Some instructors are involved in real business practices such as consulting, leadership and legal industries. Also, some of the guests run their own business globally. 

Broadening global horizon and building up rich friendship(5)

Broadening global horizon and building up rich friendship

Most of all, I want to give big applauds to diversity of instructors and subjects. Of course, it is true that majority instructors come from University of Hawaii. Taking the geographical characteristic of Hawaii into consideration, it is not something disappointing. 

In fact, class enjoyed quite a few instructors from different regions all over the world. From Switzerland, England, mainland America to Chinese, Japanese and South American backgrounds, faculty diversity gave the entire class a big hand to share different values and gain global perspectives. 

Just like the instructor profile, course work profile was also colorful. As a management institution, to some extent, business related subjects are mostly stressed over the whole curriculum inevitably.