• Title/Summary/Keyword: Patent Licensing

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A Study on the Relationship between TLO Organization and Technology Transfer Performance: Focused on Government-Funded Research Institutes (TLO 조직과 기술이전 성과의 관계에 관한 연구: 정부출연연구기관을 중심으로)

  • Yun, Jang-ho
    • Journal of Technology Innovation
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    • v.25 no.4
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    • pp.165-187
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    • 2017
  • This study analyzed the effects of TLO's organization size, expertise, and economic compensation on technology transfer performance using the panel data of Government-Funded Research Institutes in 2013-2016. First, the size of TLO personnel and budget have a positive effect on the technology transfer performance. However, in the case of TLO manpower, the statistical significance of the effect on the number of technology transfers was only 90%, and it did not affect royalty. Second, TLO expertise has a strong impact on technology transfer performance. It shows that the number of professional license holders, such as patent attorney or a technology valuer, has a statistically significant effect on the increase of the technology transfer number and the royalty under the 99% confidence level. However, unlike expected, the size of the Ph.D. did not seem to have any effect on technology transfer performance. Finally, the economic compensation for TLO does not affect both the number of technology transfers and the royalty. It does not seem to work as an appropriate incentive system, because the absolute size of the compensation is too small. The results of the above analysis suggest that it is important to secure expertise in order for the TLO organization to play a substantial role, and it is necessary to improve the economic compensation system to attract TLOs to technology transfer.

Research Cases of the United States Concerning Arbitration of Intellectual Property Disputes (지적재산분쟁의 중재에 대한 미국 케이스에 관한 연구)

  • Chang, Byung Youn
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.93-118
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    • 2012
  • 본 연구는 지적재산분쟁의 중재에 대한 미국 케이스에 관한 연구입니다. 본 연구의 목적은 한국의 지적재산분쟁의 중재에 대한 추후 연구와 가까운 장래에 비교연구를 위해서 지적재산에 관련된 케이스들에 관하여 미국의 연구들을 논하는데 있습니다. 본 연구에서 지적재산 관련 사건들의 중재에 관한 미국케이스들을 채택하였습니다. 그리고 본 연구의 목적 달성과 효과적인 연구를 성취하기 위해 그 케이스들을 인용하였습니다. 그러므로, 본 연구의 구성은 특히, 라이센싱분쟁의 중재, 특허분쟁의 중재, 저작권분쟁의 중재를 위하여 지적재산분야와 중재 분야에 있는 케이스로 이루어져 있습니다. 중재조항은 분쟁에 관해 누가 결정할 것인가 그리고 분쟁이 중재 가능한가 아닌가에 관하여 법원에서 중재적격 문제들을 분석할때에 계약 원칙을 적용하게 됩니다. 일반적으로, 중재적격의 의문은 사법적 분야의 질문에 관한 것 입니다. 그러나, 중재조항이 분명하고, 명백하고, 오해없는 문구들인 곳에서 법원은 연방 중재법이 중재조항과 중재범위를 포함하고 있기 때문에 중재를 존중합니다. 그러므로, 저런 경우에 중재인은 중재적격을 판단 할 수 있습니다. 그러나, 미국에서 법원은 어떤 케이스들은 ICC 룰로 구속되어지고 그리고 다른 케이스들은 AAA 룰로 구속 되어지는 것을 발견했습니다. 어떤 룰이던지 간에 중재조항은 주의깊게 만들어야만 하고 그리고 분명하고 명백한 구문을 제공하여야만 한다는 것을 법원에 의해 요구되어지고 있습니다. 본 연구에서 발견한 점들은, 라이센싱분쟁의 중재에 있어서, 중재합의의 범위가 광범위 또는 제한적일지라도 양 당사자의 중재조항을 위해 계약에서 분명하고 명확한 문구를 만드는 것이 중요합니다. 이것은 우리에게 계약의 원칙이 분쟁에서 적용 되어지고 있다는 것을 보여 주고 있습니다. 그래서, 중재조항의 조문은 법원이나 중재인에게 논쟁 또는 오역이 없게 확실하고 분명하게 명시하여야 합니다. 특허분쟁의 중재에 있어서, 대부분 법원들은 케이스들을 분석할때에 광범위한 중재조항에 따라오고 있습니다. 중재적격 결정의 테스트로서 계약에서 "arising under" or "relating to" 구절은 ADR을 위해 그리고 분쟁의 예방을 위해 중재가 광범위한 문구를 포함하고 있는가 아닌가를 보는데 중요합니다. 더구나, 특허 또는 특허관련 권리들 하에서, 중재는 연방중재법에 의해 지배되기 때문에 계약은 특허 유효성 또는 침해 문제들이 중재를 통한 분쟁을 해결하도록 하나의 문구를 포함해도 됩니다. 그러므로, 이 분석은 미국의 케이스들을 비교한 결과로서, 한국중재법도 또한 모든 필요한 조문들이 그것들이 광범위하건 제한된 범위이건 간에 모호한 이슈들을 피하기 위해 분명하고 오해없는 문구들이여야 한다는 것을 제시합니다. 지적재산분쟁의 중재에 있어서, 케이스에 근거하여 발견한 점들은 저작권법을 포함한 광범위한 중재조항이 있는 경우 저작권의 유효성은 법원이 독점할 수 없다고 법원은 판단했습니다. 그리고 연방중재법은 법원이 청구취지가 중재가능한 클레임들에(arbitrable claims) 관하여 중재를 강요하도록 지원하고 있습니다. 이것은 저작권 케이스일지라도 계약에 있어서 중재조항이 법원이 중재를 강요하도록 중재가능한가 아닌가 결정하는데 분쟁에 있어 중요한 역학을 한다는 것을 제시합니다. 그러므로, 본 연구는 계약에서 광범위한 중재조항은 중재인이 지적재산 클레임에 대해 판정 또는 룰을 결정하게 허용한다는 것을 발견했습니다. 본 연구의 결과들은 계약에 있어 중재의 범위는 계약의 원칙을 적용한다는 것입니다. 그리고 중재조항에 있어서 침해와 유효성 문제들의 결정은 계약 해석에 관련되어 있다는 것을 제시합니다. 그러므로, 양 당사자가 분명하고 명확하게 달리 결정하지 않았다면, 양 당사자가 중재에 대해 동의했는가 아닌가의 의문점은 법원에 의해 결정되어지는 것입니다. 이것은 분명하고 명확한 문구가 중재조항에 존재하지 않는다면 중재인에 의해 결정되지 않는다는 것을 뜻합니다. 중재조항은 명백하게 중재인에게 결정의 권한을 주어야만 한다는 것입니다.

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Framework for Technology Valuation of Early Stage Technologies (초기단계 기술의 가치평가 방법론 적용 프레임워크)

  • Park, Hyun-Woo;Lee, Jong-Taik
    • Journal of Korea Technology Innovation Society
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    • v.15 no.2
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    • pp.242-261
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    • 2012
  • Early stages of technology valuation have been often overlooked or under-represented. The early stage technologies are even riskier due to their inadequacy of commercial development and market applicability. More than 95% of patents fail to earn any revenues so that the majority of patents were valueless. Technology transfers from laboratories at universities and research institutes to industrial firms have increased to acquire value from invented technologies. Technology transfer, a process of transferring discoveries and innovations resulted from research to commercial sectors, typically comprises several steps: disclosing the discoveries and innovations, i.e., intellectual property (IP), evaluating the IP's economic prospects, securing a patent, copyright or trademark for the IP, commercializing the technology through licensing, forming a joint venture, or selling. At each of those stages in the research and development of technology, the value of technology would play a very important role of making decision on the movement toward the next step, however, the financial value of technology is not easy to determine due to a great amount of uncertainty in the course of research and development, and commercialization. This paper refers to technology embodied as devices, equipment, software or processes primarily developed at public research institutions such as universities. Sometimes it is also as the result of externally financed projects contracted with industry. Nearly always technology developed at public research entities results in laboratory prototypes. When it is required to define the technology transfer contract terms for the license of the university patrimonial rights to external funding companies or other interested parties, a question arises: what is the monetary value? In this paper, we present a method for technology valuation based on the identification of specific value points related to its development. The final technology value must be within previously defined value limits. This paper consists of the review of issues related to technology transfer and commercialization, the identification of characteristics of technologies in the early stage of technology development, the formulation of framework of methods to value the early stage technologies, and the conclusion and implication of the previous review.

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Influencing Factors on the Knowledge-Transfer Channel of the Korean Academics Engaged in Science and Engineering (한국 이공계 대학교수 지식이전 경로의 영향요인)

  • Kwon, Ki-Seok;Park, Mun-Su
    • Journal of Information Technology and Architecture
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    • v.9 no.3
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    • pp.287-301
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    • 2012
  • Against Nonaka's seminal work in 1999, this study aims to investigate various influencing factors on knowledge-transfer channels of Korean academics. To do this, we surveyed 20,000 Korean academics in science and engineering with regard to factors involved in their formal and informal collaborative activities with firms. In particular, we focus on the individual characteristics of the academics when the channels are changed from informal channels (e.g. consulting) to formal channels (e.g. licensing), as the codification of knowledge is important when it is spilled over. According to the results, male academics with a longer career and in the field of applied disciplines in a big laboratories are likely to join the transformation of the channels. Interestingly, application capacity as measured by the number of patent application is significantly and positively related to the participation of formal channels. In contrast, scientific capacity as measured by the number of papers is significantly and negatively, or in some case weakly, related to the participation. Finally, based on the findings, some policy implications are put forwarded.

A Study on Practical Implications in the Contract for International Transfer of Technology -Focused on Character of the Technology compared with Goods- (국제기술이전계약 체결시 실무상 유의점에 관한 연구 - 물품과 비교하여 기술이 가지는 성격을 중심으로 -)

  • Jeong, Hee-Jin
    • Korea Trade Review
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    • v.42 no.1
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    • pp.27-45
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    • 2017
  • A new phenomenon in recent trade is the rising interest in the trade of product production and manufacturing methods themselves, unlike in the past, when the interest was focused on the trade of tangible goods. That is, technology is considered as the object of trade instead of a simple element of production as "technology itself is commercialized". The broad meaning of technology encompasses all the property of knowledge with economic value. Its narrow meaning refers to technology used to produce and manufacture goods. Technologies have features such as no forms, heterogeneity, accumulation of value and extinction of right. The trade of technology commands different styles and content from that of tangible goods due to their unique characteristics; and accordingly, has various risk factors. In other words, technology can be traded in various ways according to commercial objectives including licensing, technical partnership, and joint investment in addition to general trading. The specific forms of technology transfer strategies depend on the purposes and situations between corporations. In case of technical trade with any form, the parties should be cautious about the following practical aspects: First, the contract should clearly define the scope and transfer method of technology. It is a very important matter how the provider of technology will provide the user of technology with abstract technology with no substantiality. Second, a monopoly on technology recognized as intellectual property rights is granted to their inventors for some periods of time, but anyone can have access to that technology after the term of existence. Thus, it is important to check the terms of existence of a patent as well as the terms of contract. Third, the user of technology should fulfill his confidentiality obligation to prevent the technology of the provider from being leaked to a third party unjustly. Fourth, the provider of technology should make a contribution to the successful implementation of the technology by the user as well as provide the licensed technology. Finally, a model contract is recommended to minimizing the legal hiatus of complex technology transfer trade when concluding a contract.

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Accession of Korea to the Nagoya Protocol and its Economic Impact Analysis on Korean Bioindustry Companies (우리나라의 나고야의정서의 가입이 바이오산업에 미치는 경제적 영향 분석)

  • Park, Yong-Ha;Kim, Joon Sun;Choi, Hyun-Ah
    • Journal of Environmental Policy
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    • v.11 no.4
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    • pp.39-57
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    • 2012
  • Analysis of the economic impact on Korean bioindustry companies was approached after Korea access to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (hereinafter 'the Protocol') enters into force. Cost analysis of the economic impact is based on the size of bioindustry market, dependency ratio on genetic resources abroad, ABS (Access and Benefit Sharing) ratio for royalty ratio. Korean bioindustry companies would have had to pay extra ABS cost around 1.3-6.0 billion won for using genetic resources abroad, if the Protocol had entered into force in 2009. And this cost is estimated to be around 13.6 - 63.9 billion won in 2015. All ABS costs account only about less than 0.01% of total Korean bioindustry volume of target years. These show us that joining the Protocol will not significantly impact the bioindustry market in Korea. If the Protocol enters into force, genetic resources users have to pay PIC (Prior Informed Consent) and MAT (Mutually Agreed Terms) cost before accessing the genetic resources outside of their country, regardless of the accession status of the country. This ABS costs and terms on provided genetic resources will be determined by compliance between genetic resources users and providers. As a genetic resources provider, Korean bioindustry companies will have advantage over technology transfer agreements, royalties, licensing agreements, and taxes on profits from patents including traditional knowledge. Also, Korean bioindustry companies are expected to get various socio-economic benefits such as patent litigation and regulatory proceedings as a genetic resources provider. Considering the advantages and disadvantages of the Protocol that Korean bioindustry companies will face together, the socio-economic impact of the Nagoya Protocol on Korean bioindustry companies is negligible regardless of the accession status of Korea to the Nagoya Protocol.

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Research Framework for International Franchising (국제프랜차이징 연구요소 및 연구방향)

  • Kim, Ju-Young;Lim, Young-Kyun;Shim, Jae-Duck
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.4
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    • pp.61-118
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    • 2008
  • The purpose of this research is to construct research framework for international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and operation manual. And harder elements like law competent court and terms of expiration. Next element in operating strategy is about product and service. Especially for business format franchising, product/service deliverable, benefit communicators, system identifiers (architectural features), and format facilitators are listed for product/service strategic elements. Another important decision on product/service is standardization vs. customization. The rationale behind standardization is cost reduction, efficiency, consistency, image congruence, brand awareness, and competitiveness on price. Also standardization enables large scale R&D and innovative change in management style. Another element in operating strategy is control management. The simple way to control franchise contract is relying on legal terms, contractual control system. There are other control systems, administrative control system and ethical control system. Contractual control system is a coercive source of power, but franchisor usually doesn't want to use legal power since it doesn't help to build up positive relationship. Instead, self-regulation is widely used. Administrative control system uses control mechanism from ordinary work relationship. Its main component is supporting activities to franchisee and communication method. For example, franchisor provides advertising, training, manual, and delivery, then franchisee follows franchisor's direction. Another component is building franchisor's brand power. The last research element is performance factor of international franchising. Performance elements can be divided into franchisor's performance and franchisee's performance. The conceptual performance measures of franchisor are simple but not easy to obtain objectively. They are profit, sale, cost, experience, and brand power. The performance measures of franchisee are mostly about benefits of host country. They contain small business development, promotion of employment, introduction of new business model, and level up technology status. There are indirect benefits, like increase of tax, refinement of corporate citizenship, regional economic clustering, and improvement of international balance. In addition to those, host country gets socio-cultural change other than economic effects. It includes demographic change, social trend, customer value change, social communication, and social globalization. Sometimes it is called as westernization or McDonaldization of society. In addition, the paper reviews on theories that have been frequently applied to international franchising research, such as agent theory, resource-based view, transaction cost theory, organizational learning theory, and international expansion theories. Resource based theory is used in strategic decision based on resources, like decision about entrance and cooperation depending on resources of franchisee and franchisor. Transaction cost theory can be applied in determination of mutual trust or satisfaction of franchising players. Agent theory tries to explain strategic decision for reducing problem caused by utilizing agent, for example research on control system in franchising agreements. Organizational Learning theory is relatively new in franchising research. It assumes organization tries to maximize performance and learning of organization. In addition, Internalization theory advocates strategic decision of direct investment for removing inefficiency of market transaction and is applied in research on terms of contract. And oligopolistic competition theory is used to explain various entry modes for international expansion. Competency theory support strategic decision of utilizing key competitive advantage. Furthermore, research methodologies including qualitative and quantitative methodologies are suggested for more rigorous international franchising research. Quantitative research needs more real data other than survey data which is usually respondent's judgment. In order to verify theory more rigorously, research based on real data is essential. However, real quantitative data is quite hard to get. The qualitative research other than single case study is also highly recommended. Since international franchising has limited number of applications, scientific research based on grounded theory and ethnography study can be used. Scientific case study is differentiated with single case study on its data collection method and analysis method. The key concept is triangulation in measurement, logical coding and comparison. Finally, it provides overall research direction for international franchising after summarizing research trend in Korea. International franchising research in Korea has two different types, one is for studying Korean franchisor going overseas and the other is for Korean franchisee of foreign franchisor. Among research on Korean franchisor, two common patterns are observed. First of all, they usually deal with success story of one franchisor. The other common pattern is that they focus on same industry and country. Therefore, international franchise research needs to extend their focus to broader subjects with scientific research methodology as well as development of new theory.

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