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Penyelesaian Sengketa Sengketa Pulau Dokdo Antara Jepang Dan Korea Selatan Secara Damai, Utami Gita Syafitri Dec 2022

Penyelesaian Sengketa Sengketa Pulau Dokdo Antara Jepang Dan Korea Selatan Secara Damai, Utami Gita Syafitri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Dokdo Island dispute is a territorial dispute involving Japan and South Korea in the dispute over the island located in the Sea of Japan. The governments of Japan and South Korea base their claims of ownership of Dokdo Island on historical evidence and geographical connectivity. The Dokdo Island dispute hampered the process of negotiating the maritime zone delimitation in the Sea of Japan. The Dokdo Island dispute needs to be resolved immediately by establishing the maritime zone boundaries of Japan and South Korea, as well as providing legal certainty over the ownership status of Dokdo Island. The sovereignty claim …


Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono Nov 2007

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of …


Why "Bad" Patents Survive In The Market And How Should We Change?--The Private And Social Costs Of Patents, Jay P. Kesan Mar 2005

Why "Bad" Patents Survive In The Market And How Should We Change?--The Private And Social Costs Of Patents, Jay P. Kesan

ExpressO

In this paper, we formally demonstrate that incorrectly issued patents can survive in the market without judicial review, even when the invention is neither novel nor non-obvious. We support this contention by presenting a game theoretic model that studies the interaction between the patentee and an alleged infringer/challenger. Using this model, we demonstrate the impact of the transaction costs in the patent system at the administrative stage in the Patent Office and at the enforcement stage in the courts, and highlight the inability in our current system to mount effective challenges to improperly granted patents in the current system. We …


International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka Jun 2001

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Michigan Telecommunications & Technology Law Review

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …