• The Journal of Korean Institute of Communications and Information Sciences
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• v.36 no.5B
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• pp.484-489
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• 2011

Most of IT small businesses in Korea are companies which usually take parts from the technically advanced companies and assemble the parts into a complete whole for big companies. Intellectual property-related issue of IT small businesses in Korea is not the direct action or claim but the matter of contract concerning the 3rd party intellectual property infringement or the matter of each of the applicable law on the implied liability issues. Because bargaining power of the IT small businesses is not as big as the technically advanced companies, they can not receive explicit guarantees. Therefore, government-affiliated organization should concern about this matter of contract.

• 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.

• Asia Marketing Journal
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• v.20 no.2
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• pp.29-40
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• 2018

Recent research reported that perception of future time is non-linearly scaled. That is, as objective time gets longer, subjective perception of the objective time does not grow proportionally. The non-linear time perception implies that the same future time feels shorter when it starts in the future than when it starts immediately. The authors call this as a future contraction effect. The current research tests two important implications of the effect regarding consumers' intertemporal preference for durable goods. First, consumers who contract future more will be more impatient for durable goods compared to those who contract less because the former would feel to use the same durable goods longer when it is purchased immediately. Second, consumers' impatience will be alleviated when their tendency to contract future is reduced. The authors find support for these predictions through two studies. Taken together, the current research demonstrates a property of time perception that has important ramifications for understanding consumers' intertemporal preference for durable goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.147-175
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• 2014

In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

• Cartoon and Animation Studies
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• s.29
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• pp.243-266
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• 2012

As contest exhibits have been activated, a variety of organizations are holding contest with various purposes. Analysis on the guidelines prepared by various sponsoring bodies ranging from public organizations to privately owned businesses shows that sponsoring bodies tend to possess copyrights of entries. Parts of guidelines of contest exhibit are the contract. While sponsoring body shows its opinion on copyright through guidelines, individual participant tends to consider it simply as a form to submit for contest exhibit rather than a contract. Now is the time to bring out a question in respect of the copyright on the contest exhibit. The important fact is that copyright on corporate contents is important, but copyright on individual contents is equally important and it must be protected and respected. This study aims to bring out a question on copyright by analyzing possession and infringement of copyright that stands forth in the guidelines of contest exhibit. Provisions on copyright of contest exhibit play a role as a contract. Provisions on copyright of contest exhibit shall be the ones which can be understood and accepted by both sponsoring body and winner who are the A and B of a contract. For this, change in perception of sponsoring bodies ranging from public organizations to privately owned businesses with prominent position is strongly required. For the foregoing, First, Indication of Copyright: Clear and concrete terms must be used. Second, Scope of Interpretation: Concrete and detailed indication must be made for preventing indication that allows comprehensive interpretation. Third, Cost for Author's Property Right: In case sponsoring body needs to possess or use the author's property right of prize-winning work, proper rights on use considering prize money corresponding to possession or use of author's property right must be indicated. Fourth, Term of Use: The term for using author's property right must be indicated. Fifth, Scope of Rights: The scope of author's property right that sponsoring body requires must be limited and indicated. Sixth, Mutual Respect: Items related to copyright must be indicated on the basis of the concept of bilateral contract founded on mutual consideration and respect, not on the concept of unilateral contract.

• Journal of Internet of Things and Convergence
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• v.6 no.4
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• pp.1-6
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• 2020

Recently, epidemic of covid-19 causes rapid increase in demand for untact video conferences. In existing server-client based video conference systems such as Zoom, Google Meet, etc., the server generates the conference key and controls the access rights of meeting members and their contents with it. In this case, the server can fabricate or repudiate the meeting. So, the privacy of the meeting members is not guaranteed. It's necessary to make the conference key distribution scheme where all participants can verify the trustfulness without help of the server. The smart contract is the program stored to the blockchain. Its contents cannot be altered due to the property of the blockchain, and everybody can verify the execution results of it. In this study, we propose the smart contract based conference key distribution scheme. The proposed scheme is consisted of smart contract deployment, conference key generation and verification stages. The smart contract replaces the role of existing trustful server and the meeting members can generate the conference key according to the protocols implemented on it. The proposed scheme can be applied to the video conference systems and only the meeting members can access the conference key.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.33-53
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• 2014

This study examines the seller's liability for defects in title of goods under SGA. If the contracting parties choose SGA as a governing law, they should pay attention to whether a contractual stipulation for defects in title of goods is a condition or a warranty. It is because SGA divides contractual terms into a condition and a warranty. And its effects regarding a breach of a condition or a warranty are different. Under SGA s 12(1) as a condition, in a contract of sale, the seller has a right to sell the goods at the time of contract, and in the case of an agreement to sell, he will have such a right at the time when the property is to pass. Under SGA s 12(2) as a warranty, there is an implied warranty that (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance and (b) the buyer will enjoy quiet possession of the goods as long as the buyer retains an interest in the goods. But the seller will not be liable if the third party unlawfully interferes with the buyer's possession.