• Journal of Information Science Theory and Practice
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• v.8 no.3
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• pp.6-14
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• 2020

On information markets, we can identify different relations between sellers and their customers, with some users paying with money, some paying with attention, and others paying with their personal data. For the description of these different market relations, this article introduces the notion of arity into the scientific discussion. On unary information markets, customers pay with their money; examples include commercial information suppliers. Binary information markets are characterized by one market side paying with attention (e.g., on the search engine Google) or with personal data (e.g., on most social media services) and the other market side (mainly advertisers) paying with money. Our example of a ternary market is a social media market with the additional market side of influencers. If customers buy on unary markets, they know what to pay (in terms of money). If they pay with attention or with their personal data, they do not know what they have to pay exactly in the end. On n-ary markets (n greater than 1), laws should regulate company's abuse of money and-which is new-abuse of data streams with the aid of competition (or anti-trust) laws, and by modified data protection laws, which are guided by fair use of end users' attention and data.

• STI Policy Review
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• v.8 no.1
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• pp.87-112
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• 2017

This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

• Journal of the Korean Institute of Landscape Architecture
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• v.41 no.3
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• pp.83-93
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• 2013

This study has been performed to analyze and consider the problems after 30 years in terms of landscape design competition process in Korea, so that it can provide the basic data, which can improve the future landscape design competition. We have used Delphi Investigation to carry out a survey that targets professionals and identifies problems. The results are summarized as follows. Firstly, the results of the analysis of Landscape Design Competition for institution theory and case studies showed that there is an issue from four perspectives which are 'method of design competition', 'guidelines for design competition', 'winner selection process', and 'design changes after winning' Secondly, the process by professional Delphi performed expert analysis, and agree with expert opinion. As a result, we derived the problems of a landscape design competition system with the 12 items. Third, in the 'design competition style', two items, the 'design competition style' and 'problem of design public offering period' had become a problem. Fourth, the 'Guidelines for design competition', 'non-hierarchical excess of the amount of instructions', 'directive determined the guidelines', and the 'provision of confusion' three items had also become a problem. Fifth, 'sex expert committee review selection process winning work', 'Problems of participation', 'examination scoring system experts lack', and 'non-landscaping' had become a problem. Sixth, 'The design of the original order' as much as possible 'design changes after the winning work' Four 'order to Comments to reduce the creativity of the design of the climate', 'original extension', 'contractor feedback of excess without the promise of frequent personnel changes', design period of the person in charge is reflected in excess item has become a problem. I considered that a continuous research on the improvement of the problems of the landscape design competition system based on the results must be performed.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.255-288
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• 2015

It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

• The Korean Journal of Air & Space Law and Policy
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• v.3
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• pp.233-258
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• 1991

This paper examines current developing status of space law as defined in terms of its unique principle that "the utilization of outer space for all mankind's interest". As commercialization of space activities has brought about heated debate on its legitimacy with respect to that principle, space law has come to witness a dual situation. One is the realization of that principle in establishing commercial space activities system where all mankind's interest is respected through the non-discriminatory distribution mode of space benefit. In satellite telecommunication system, the INTELSAT Organization assures its public service policy while protecting itself against a competition from separate systems. For remote sensing, commercialization of LANDSAT Systems promoted since 1984 seems not to affect present non-discriminatory distribution of data and information obtained. On the other hand, active participation of private entity aiming at commercial profit enables national government to manage more effective control and supervision of those activities with a view to promoting national interests. Also, newly developed private rules and regulations are emerging in business relations about commercial space activities. Extended capacity of national government assuring its national interest in production and distribution of international resources that is outer space, and regulation of space activities by newly developed rules and customs provoke a concern about a identity problem of space law. The best way to summarize this perspective might consist in saying that non space law regulations, which are not assumed as aiming at the promotion of all mankind's interest, are confirming their role about space related activities. For those reasous, we are now facing a developing status of space law as developments of commercial space activities continues.

• The Journal of the Korea institute of electronic communication sciences
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• v.14 no.4
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• pp.627-636
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• 2019

The Radio Law was revised twelve times since the full revision in 2000, and now it is equipped with the current status of securing radio resources, distribution and allocation of radio resources, utilization of radio resources, protection of radio resources and promotion of radio waves, which can be evaluated to include the legal nature of securing radio resources and propagation beyond the simple administrative legal nature of radio resources. The legal system in the telecommunication sector is also being improved, and the Radio Law is also supplementing the weak points through two revisions. The domestic radio law, and it is considered to form a legal system for promoting the effective allocation and utilization of resources in accordance with the changes in radio wave usage environment. It can be evaluated that it has become a law related to radio promotion and competition in the existing simple administrative law. It is considered necessary to adjust the detailed regulations for each type of use.

• Journal of the Korea Society of Computer and Information
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• v.24 no.10
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• pp.225-232
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• 2019

The trademark dilution of famous marks as a kind of unfair competition practice is defined and regulated in Article 2 (1) (c) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as the Unfair Competition Prevention Act), which was newly established according to the amendment of the Act on February 3, 2001. Famous trademarks are universally protected in all around the world, which are likewise protected in the Republic of Korea by the Unfair Competition Prevention Actin line with such international trends. In order to establish the trademark dilution of famous marks, it is necessary to have the following characteristics: (1) high reputation of the original mark, (2) use of identical or similar markscompared to the original mark, (3) occurrence of blurring of discrimination or tarnishment of reputation; in particular, with respect to the degree of proof of 'blurring of discrimination or tarnishment of reputation', which is a constituent requirement of the trademark dilution of famous marks, it is reasonable to interpret the trademark dilution as concrete endangerment offense, neither harm-based offense nor abstract endangerment offense, and thus it should be considered that the crime is established if a specific realistic risk of blurring of discrimination or tarnishment of reputation occurs. Furthermore, in relation to the specific criteria of 'blurring of discrimination or tarnishment of reputation', it is necessary to comprehensively judge the degree of individual behavior in specific matters as a normative factor as well as the psychosocial viewpoint of the general public.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• Proceedings of the Technology Innovation Conference
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• 1996.12a
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• pp.196-238
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• 1996

Because global innovation-based competition is increasing and the amount of R&D expenditures becomes severely large, it is more likely that mergers and collaborative ventures tend to affect adversely to R&D competition Against this trend, enforcing agency of advanced countries including U.S.A are reassessing certain aspects of competition policy toward mergers and acquisition to ensure that procompetitive, efficiency-enhancing transactions are permitted. The role of competition policy is developing and appropriating new technology and protects the risks involved in the licensing contract of technologies. The role of intellectual property rights is also contrived to promote technological innovation and to increase consumer welfare. That is to say, dynamic efficiency of intellectual property rights includes (l) increase in social welfare and (2) promotion of growth by improvement of quality through invention and commercialization of new product as well as enhanced productive efficiency thorough appropriating new process. Because intellectual property rights are licensed to make use of complementary inputs, the rule of reason approach seems proper when applying antitrust law. To analyze the "Antitrust Guidelines for the Licensing and Acquisition of Intellectual Property"by DOJ and FTC in U.S.A, the author surveyed pros and cons on innovation market approach. This approach will only be used in a narrow range of situations when the evidence is solid, concentration numbers are extremely high, and the agencies can predict with a high degree of certainty that the merger will likely lead either to a slowing in the pace of innovation or the loss of an alternative research track that is likely to lead to a product beneficial to consumers. The author introduces the studies on licensing contract of intellectual property rights and competition polices on behalf of potential inquirers. Also the author invites the interdisciplinary researchers to analyze further with a model on the aspects of the "Notice 1995-10 for Types and Criteria on Unfair Transaction Behavior in International Contracts" by Fair Trade Committee of Korea.

• KDI Journal of Economic Policy
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• v.43 no.3
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• pp.55-77
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• 2021

In Korea, local governments and local agencies had to apply a version of the first price auction augmented by an ex-post screening process when they procure construction contracts. However, this first price auction had been criticized because it was felt that too much price competition could lead to poor ex-post performance in construction. In response, the existing auction method was recently replaced by a version of the average price auction with a similar screening process. This paper empirically examines the effectiveness of this reform and finds that the replacement only increases the fiscal burden of local governmental bodies without making any improvement in the ex-post performance.