UDHR and its Drafting History of the Right to Science and Culture UDHR was built on the ashes of wars.[1] Drafters of UDHR were trying “to repair damage of war, and to help construct the foundation of a just peace”.[2] This historical root has a connection with the right to science and culture, albeit weaker …
Month: July 2019
IP has a short history for some attributes of which to be recognised as human rights. IP and human rights have different normative foundations and have developed in isolation. In the last few years, however, a great deal of literatures has discussed IP in terms of human rights. The intersection between HRs and IPRs can …
A number of international, regional and national laws recognize the right to science and culture as human rights. Most important are: the Universal Declaration of Human Rights (UDHR); and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). Both Article 27 of UDHR and Article 15 of ICESCR contain the right to science and …
Introduction The provisions for civil enforcement are to ensure to the maximum extent the economic interests of IP holders. For the full compensation for them, KORUS intervenes the way to calculate the amount of damages. KORUS not only guarantees the compensation of “the injury the right holder has suffered as a result of infringement”, but …
One of the main purposes of the US in bilateral negotiation is to level up the enforcement of IPRs, especially enhanced enforcement provisions that the US sought but failed in achieving at the TRIPS negotiation. During the KORUS talks, the Korean negotiators were more or less sympathetic to the US’ TRIPS-plus proposals on IPR enforcement. …
We have seen many attempts to censor the Internet under the pretext of copyright protection. Notorious attempts are SOPA and PIPA of 2012, which triggered the largest online protest in history and was eventually withdrawn, and ACTA, a plurilateral trade deal killed by the European Parliament in 2012. Now, Korean government tries to enact a much stronger internet censoring rule. …
Reportedly, Berjaya Land Berhad (BLB), a subsidiary of Berjaya Group of Malaysia brought an ISDS case against South Korea, claiming damages of KRW 4.4 trillion (around 4.0 billion in USD). According to the Ministry of Justice, Berjaya’s Notice of Intent under the Korea-Malaysia BIT of 1989 was submitted on 17 July, 2019. Back in 2008, BLB began to …
Soon after the signing of the Korea-US FTA (“KORUS”) in June 2007, South Korea experienced a dramatic increase of complaints of copyright crime from 2007. Around one hundred thousands of persons were accused of copyright infringement in a year, and juvenile’s victims occupied 24% in 2008.[1] But the actual indictments by the prosecutors were very small: from …
On 12 July 2019, the Prime Minister of South Korea, Mr. Lee Nak-Yon, attended the National Assembly and said that he agreed to abolish ISDS. (Media coverage: Yonhap, Hani, Khan) This remark came out while his responding to a lawmaker, Mr. Song, at the plenary session of the Budget and Accounting Committee. The Prime Minister gave reasons for his consent: an …