Telecommunications In Korea Essay Research Paper INTRODUCTIONTelecommunications — страница 9

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the Utility Model Law for 10 years after the date of registration. A design of shape, pattern, or color, or any combination of these in an article which produces an aesthetic impression on the sense of sight is protected for 8 years after registration. Regarding the protection of trade secrets, the Korean government promulgated the revised Unfair Competition Prevention Law in December 1991. The Presidential Decree finalized the effective date of the revised Unfair Competition Prevention Law as December 15,1992. Thus any misappropriation of trade secrets can be prevented by an injunctive order. Monetary damage claims can also be filed against the infringer. A trademark is also protected for 10 years upon registration and such registration is renewable as long as the trademark is

used in Korea. The Copyright Law protects authors’ moral rights during their life and economic rights for their life plus 50 years. Computer programs are also protected by the Copyright Law and the Computer Program Protection Law for a term of 50 years after the creation of the program concerned. Registration or publication is not necessary for the copyright protection of authors’ work and computer programs. Internationally, after Korea acceded to the World Intellectual Property Organization on March 1, 1979, and the Paris Convention for the Protection of Industrial Property on May 4, 1980, it joined various international treaties: the Patent Cooperation Treaty on August 10, 1984, the Universal Copyright Convention and the Geneva Monogram Convention on October 1, 1987 and the

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedure on December 24, 1987. Regulation of Public Service Providers Under the Anti-monopoly and Fair Trade Law, market dominant enterprises cannot exercise their market power abusively by, for example, unreasonably determining the market price of their goods or services. Furthermore, this law also regulates unfair concerted activities, and other unfair trade practices in general. However, as long as any enterprise is regulated by other laws, it is exempted from the Anti-monopoly and Fair Trade Law. Since the Basic Telecommunications Law and the Telecommunications Business Law strictly regulate public telecommunications service concerns, the Anti-monopoly and Fair Trade

Law would not be applicable to such extent. Under the Basic Telecommunications Law and the Telecommunications Business Law, in cases where a Network Service Provider competes with a Value Added Service Provider in the provision of value added services, the Network Service Provider is prohibited from engaging in any anti-competitive conduct such as cross-subsidization, predatory pricing, unauthorized disclosure of customer-proprietary network information without the customer’s authorization, undue delay in announcing technical changes to its network or network interface, or discriminatory access to network services of functions. Thus, the MOC is in the process of developing a policy on competition safeguards, including the open network service provision and cost-subsidization.

Under the Basic Telecommunications Law and the Telecommunications Business Law, KTA and DACCA, the two general service providers, are also strictly regulated as common carriers. They must report service rates and standard terms and conditions of their service contracts to the MOC. Although the Law Concerning Standard Terms and Conditions is generally applicable to standardized contracts, it is irrelevant to the extent that such contracts are approved by the MOC. They also cannot refuse to provide their services without justifiable grounds under the Telecommunications Business Law. Chapter 5: Literature Review Eun-Ju Kim states that “policy determines a nation’s telecommuncations competence” (Kim 118). She states that policy in the field of telecommunications has changed

from regulation to liberalization. Government produced policy change “aimed at encouraging managerial efficiency in state-owned industries through reducing government intervention” (Kim 120) She further states that the primary policy in the 1980’s can be summed up as the introduction of liberalization or decentralization through separating the functions of policy making and operating facilities and services in the field of telecommunciations under political economic transformation. These different entities created by the government in turn contributed to the development of basic telecommuncation facilities by making steady investments. Kim refers to the separation of telecommunications responsibilities from direct government supervision to other entities such as KTA, DACOM,