대중음악평론가 강헌 : 대중문화의 운명을 읽다

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

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.

지속가능한 통합 유역관리체제 연구

姜憲 수원대학교 2006 論文集 Vol.24 No.-

Study of integrated watershed management system is based on the modem society's keyword, sustainability. This study explore not only the physical and ecological aspects, but also the socio-economic aspect to accomplish the current society's general objectives without sacrificing the next generation needs-the definition of sustainability. This integrated system, therefore, will provide abundant high quality water for resonable price as well as the ability to support ecological, social and cultural system.

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.

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.

말레이시아의 오일팜 산업과 지속 가능성

강헌 수원대학교 기능성생명소재연구소 2007 자연과학연구논문집 Vol.6 No.1

As the palm oil industry progresses, its many aspects, such as economic, environmental and social benefits, from its production are reviewed. More recently, sustainability has received great attention with efforts to integrate it into palm oil business strategy. In the sustainability framework, the economic (financial), environmental and social aspects are reviewed for their impacts in both the short-and long terms. The three-prolonged strategy of high income, value addition and zero waste is scrutinized as part of the journey towards cooperate sustainability Doing so has once again demonstrated the benefits of the crop in supplying palm oil to the world.

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

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

강헌 한국인문사회과학회 1988 현상과 인식 Vol.12 No.2

대중문화 시대를 이끄는 책(3)

강헌,Gang, Heon 대한출판문화협회 1995 출판저널 Vol.176 No.-

대중음악이 영화와 함께 당대의 문화를 규정하는 지배적인 장르이긴 하나 아직 그에 관한 '사유'의 문은 열어젖히지 못하고 있는 게 현실이다. 브로마이드성 짙은 십대 취향의 잡지나 쉴 새 없이 쏟아지는 노래악보집 정도가 고작이다. 그런 가운데 최근 젋은 이론가들이 저널리즘 지평에 속속 모습을 드러내고 있다.