• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.39-64
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• 2014

The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

• International Commerce and Information Review
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• v.17 no.1
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• pp.241-264
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• 2015

This study analyzed backward and forward linkage effects among Korea, China and Japan by International Input-Output(I-O) tables. Index of dispersion power and sensitivity degrees were measured after making 'Korea, China and Japan International Input-Output(I-O) Table'. The study showed that the inter-dependency between Korea and China was increased while the influences of Japanese was decreased among the 3 countries. Under the de-industrialization, the 3 countries decreased influences over their domestic industry but increased the inter-dependency over the other countries. In addition, backward and forward linkage effects was significantly high in some industrial sectors such as petroleum, transportation, machinery equipment, service and public administration in 3 countries. In the case of service, the linkage effects among the 3 countries increased which means that the roles and inter-dependency of service was also gradually increasing in 3 countries.

• Journal of the Korean Society of Clothing and Textiles
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• v.31 no.6 s.165
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• pp.902-910
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• 2007

The purpose of this study was to suggest future marketing strategy for Korean textile and apparel industry so that they could find a way to maintain a major sourcing site in the global market place. This study identified international buyers' visiting purposes and the items they were most interested in sourcing from Korea according to their firm types and home country regions. This study analyzed the survey results obtained fiom international buyers who visited the international textile and apparel trade show in Seoul, Korea. The data was analyzed using frequency and ${\chi}^2$-test analysis. The results showed that there was a significant relationship between buyers' country regions and their interests. There was also a significant relationship between buyers' firm types and their visiting purposes. The results indicated that decision making for what Korean industry should focus their marketing efforts on should be different according to the buyers' country regions and firm types. This study was conducted to present an effective marketing strategy for how Korean textile and apparel industries could survive in the competitive global marketplace.

• International Area Studies Review
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• v.15 no.3
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• pp.559-580
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• 2011

It's hardly possible to end the controversy over the effectiveness of government's role in economic growth of developing countries. It seems that each side can provide enough empirical evidences to support each side's argument. In most developing countries, the governments' capability to implement the economic plan is a more important factor that the type of policy they choose. Therefore, in this study, we focus on the capacity of policy implementation rather than the choice of policy itself. We tried to critically investigate Ecuador's policy implementation capacity in terms of qualities of policy framework, policy measures and policy constraints. First, Ecuador places high priority on import substitution and export promotion, she is not equipped with sufficient policy measures. Second, the overall policy framework is not effective enough to mobilize resource support those policies. Third, while the SENPLADES is leading overall develoment plan, it lacks the capacity to coordinate various ministries involved.

• International Area Studies Review
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• v.13 no.2
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• pp.475-504
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• 2009

The purpose of this thesis is to analyze and investigate why and how these 4 factors (the images of country of origin, imported luxury brand, objective products' characteristics and Projective consumer's peculiarity) impact product preferences & purchasing intention of consumers who plan to buy "Imported Luxury Branded goods". For this study the research directions are: 1. To find each impact of Country of Origin and Brand image which influence "the preference of imported luxury brand items". 2. To analyze the difference of "the effects of Country or Origin" which impacts product preference when consumers buy imported luxury branded goods, which have different purchasing risks. 3. To verify the difference of products' characteristics that have different purchasing risks through comparing the image of country of origin and brand. 4. To analyze and compare "the purchasing behavior of Korean consumers" for achieving research universality. In order to verify that those 4 factors (the images of country of origin, imported luxury brand, objective products' characteristics and prospective consumer's peculiarity) impact on product preferences & purchasing intention of consumers, the linear structural equation model was developed. According to this research model, 9 hypotheses were designed.

• International Area Studies Review
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• v.15 no.3
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• pp.451-470
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• 2011

Many countries are committed to absorb foreign direct investments (FDIs). One of the strong motivations is the improvement of innovative capability through the technology spillover of FDI firms. The effect of FDI technology spillover has been widely researched not only on country level, but industry level. With the evolution of globalization and global sourcing of multinational companies, it is necessary to reexamine the relationship between innovation ability of an industry and spillover effect of FDI. This paper investigates the technology spillover effect of FDI on the innovation of Chinese firms. We gathered the data of 34 industries form various sources of Chinese government and the time span is 2001-2008. By using industry level panel data, we set panel data analysis model. In the model, there are two explanatory variables: backward and foreward integration. The analysis result shows that technology spillover of FDI has significant effect on the innovation of foreward integration FDI.

• International Area Studies Review
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• v.21 no.1
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• pp.3-24
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• 2017

The effects of strategic partnership can be positive or negative. This paper intends to explain why the partnership produces opposite results. This paper incorporates strategic behavioral direction and perceived values for relational performance. The conceptual model as well as empirical analysis was made and the results are as follows. First, this study uses bi-directional decomposition of two research constructs. The first construct of perceived values is classified into benefits and risks. Also, the behavioral directions are either active or passive behaviors. The critical path is found that the perceived benefits make significant effects on active behavioral direction which does on commitment. Another path is that the perceived risks make passive behavioral direction which results in opportunistic behaviors between strategically partnered firms.

• International Area Studies Review
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• v.20 no.4
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• pp.37-56
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• 2016

The purpose of this research is to present the implication for Korean firms' entry into the power market in Myanmar. This study investigated the characteristics of the Myanmar power market and analyzed SWOT, focusing on energy policy, power supply and demand, energy relations with neighboring countries and climate change issue. Opportunity factors are changes in energy strategies, the launch of an energy integration organization, changes in the power energy portfolio, rapid economic and power demand growth, and a clean development mechanism. The threats are high nonfulfillment of a contract, high power loss rates and low electricity distribution rates, increased energy exports to neighboring countries, and vulnerability to climate change. We suggest the use of CHP (Combined Heat and Power), Clean Development Mechanism (CDM), and Multilateral Development Bank (MDB).

• Journal of Arbitration Studies
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• v.33 no.1
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• pp.3-22
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• 2023

The purpose of this study is to present implications by analyzing the Swiss Federal Court's annulment of the arbitration Awards in Court of Arbitration for Sport(CAS). As international interest in the sports sector increases, related disputes are also increasing. Therefore, the role of CAS specializing in sports disputes is becoming very important. In particular, the Swiss federal court's annulment of the arbitral awards made by the CAS could contribute significantly to the development of sports arbitration in the future. Looking at the case analyzed in this study, first of all, it is about the partiality of the arbitrator. The court judged that the arbitrator posted and shared racist articles on SNS, which could be sufficiently biased. Next, it is about the uncertainty of the arbitration clause. The arbitral award was finally canceled due to the issue of whether the CAS could make an arbitral award with jurisdiction over a clause that includes both dispute resolution through a sports organization and dispute handling in a national court. As a result of the analysis of this study, in the case of unclear arbitration provisions, it will be necessary to prepare an arbitration agreement. In addition, in the case of unclear arbitration provisions, it will be necessary to prepare a post-arbitration agreement. Finally, in order to revitalize sports arbitration, it will be necessary to train professional arbitrators in Korea, support them to work internationally, and establish specialized arbitration institutions.