• Title/Summary/Keyword: Competition Limitation

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A Study on Competition Limitation Clause of International License Contract (국제라이선스계약상 경쟁제한조항에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin;Kim, Jong Kwon
    • 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.

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Quantifying the Price Effect of Deregulation as a Pro-competition Policy

  • Choi, Dong Ook;Kim, Yunhee
    • STI Policy Review
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    • v.6 no.1
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    • pp.24-35
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    • 2015
  • This research constructs a data set regarding competition policy through a comprehensive review of previous studies, and performs a meta-analysis to quantitatively assess the price effects of deregulation. A structural econometric model is used to eliminate possible biases from heterogeneity of the studies,such as in publication types and measurement methods. Four types of regulations that deter competition are characterized and three groups of industries are made for drawing practical implications. We fnd that deregulation to promote competition reduces prices by 0.23% and that these estimated price effects are more stable when we control for the publication types and measurement ways. Easing regulations that restrict consumers' choice is shown to be most effcient in promoting competition, lowering prices by 0.7%. This is followed by eliminating the limitation in the number of frms in the industry, with 0.2% price reduction. Overall, the network and service industries are shown to be more responsive to deregulation than the R&D industry. These results could shed light on policy implementation when a pro-competition policy is called for due to restrictive regulations in the corresponding industries.

The Impact of Competition on the Profitability and Risk-Taking of Commercial Banks in India

  • RASTOGI, Shailesh;KANOUJIYA, Jagjeevan;BHIMAVARAPU, Venkata Mrudula;GAUTAM, Rahul Singh
    • The Journal of Asian Finance, Economics and Business
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    • v.9 no.5
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    • pp.377-388
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    • 2022
  • The purpose of this article is to investigate the impact of competition on the performance of Indian banks. The survey includes banks from both the public and private sectors. The study will collect data for four years, from 2015 to 2019. Dynamic and static panel data are applied to estimate the association between competition and the bank's performance. Profitability and risk-taking are the performance measures used in the study. The study's main findings are that competition does not impact the banks' profitability in India. However, the findings concerning risk-taking are mixed. Therefore, it can be inferred that overall competition does not impact the banks' performance in India. Other measures of performance of the banks could have been used in the study. It is a limitation to use data of four years. Data for a much more extended period could have also been used. This is one of the few papers on the subject. Therefore, its contribution is very significant. The gap in studies on the topic of competition versus performance of the banks is veritably filled by the current study's findings.

A Study on the Participants Motives and Recognition, Effectiveness of the Cooking Skill Competition (요리직종의 기능경기대회 참가동기와 인식도 및 효과성에 관한 연구)

  • Min Kye-Hong
    • Korean journal of food and cookery science
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    • v.21 no.3 s.87
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    • pp.371-379
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    • 2005
  • This article studied the motivational factor of participation skill competition and their effectiveness. This study was restricted to cooks within those who had participated in a cooking contest to allow measurement of participation and satisfaction. This thesis investigated 116 cooks by questionnaires from April 6, 2005 to April 23, 2005, of which 106 responses were used for statistical processing to perform this study First, from the motive of participation, 13 variables were analyzed into 3 factors such as the factor of social recognition, the factor of speciality, and the factor of self-development and self-realization. The factor as a motive of participating in skill competition has a significant effect on effectiveness. A total of three factors were extracted from Recognition consisting of 10 variables. Each factor was labeled as awareness of the competition, revision of test questions, and selection of the judges of the competition. Second, three factors were derived from 12 variables in association with the effect of the contest, including factors of contribution to industry development, technical and technological effect, and psychological effect. In addition, it was revealed that the motive of participating in skill competition had an significant impact on recognition. Third, the results of regression analysis demonstrated that factors relating to recognition of skill competition and participation motives significantly influence on the effect of the contest. One limitation of this study is that the Population of the survey was limited to those who had Participated in the contest. Thus, the findings of this study may not be generalizable for other cases. It is clear that further research is needed to collect more in-dept data from other similar competitions in an effort to extend the application of the present results to other studies.

The Global Competition for Talent and City-Region Development Strategies in Korea (인재(Talent)의 글로벌 경쟁과 우리나라 대도시권 발전전략)

  • Lee, Wonho
    • Journal of the Economic Geographical Society of Korea
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    • v.15 no.4
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    • pp.481-492
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    • 2012
  • This paper deals with the deepening global competition of talent between regions as well as states in the process of globalization and the transition toward knowledge-base economies. This study figures out the global geography of talent by examining the distribution and spatial changes of the talent at the global scale. It also analyzes key policies and mechanisms by investigating various countries' policies to attract global talents. Finally this paper points out the limitation of current city-regional development strategies for global competition in that it lacks the consideration of the importance of the talent. In response to that, we propose the strategy to focus on the quality of place to attract the global talent for the city-region development.

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Technical Roadmap Building in Traditional Oriental Medicine Field - Focused on Jeju Region - (한방식품 개발 분야 기술로드맵 구축 - 제주지역을 중심으로 -)

  • Kim, Min-Cheol;Bu, Chang-San;Kim, Jae-Il
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2006.11b
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    • pp.155-166
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    • 2006
  • Application of industry roadmap is to propose the vision on the future through correction and supplement of various environment change(nation competition power uplift, origin technology development, long and short-term vision establishment, R&D investment improvement, co-work increase etc). Now, in Jeju region, Roles of traditional medicine is needed by environmental needs(competition loss of Jeju industry, limitation of tourism industry etc). Thus, the purpose of this study is to contribute to region economy activity by building the TRM of foods field in traditional oriental medicine industry through the analysis of earlier TRM paper and materials.

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Dynamic Interaction of Performance Information and Word-of-Mouth in Film Industry (영화공급사슬 내 성과정보와 입소문 효과의 동적상호작용에 대한 연구)

  • Lee, Wonhee
    • Korean Management Science Review
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    • v.32 no.2
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    • pp.125-143
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    • 2015
  • When studying the film industry, researchers have seldom addressed the dynamic interaction between marketing information and word of mouth in the motion picture industry mainly because of the limitation of traditional research methodologies. This study explores integration and competition among important variables influencing on audience's choice on movie selection, particularly by using a new method of agent-based modeling including competitive environment. Decision process of moviegoer composed of transition probability based on multinomial logit model, considering marketing and box-office information, critique, and word of mouth from other moviegoers. After validating the fitness of market share among released movies, this study conducted a set of simulation experiments considering several variables such as market size, change of weight between variables, and movie performance under competition. Propositions are derived from the simulation results is also suggested for future research.

Enhancing Implementation Capability of National Maritime Adminstration for Preventing Vessel-source Marine Pollution

  • Lee, Sang-Jib
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 1995.11a
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    • pp.73-88
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    • 1995
  • I. Introduction II. State of vessel-source marine pollution 1. Pollution by tanker accidents 2. Pollution by tanker operations 3. Pollution by chemicals 4. Pollution by garbage and sewage III. Regulatory regime for ship safety and vessel-source 1. Regime for ship safety 2. Regime for vessel-source marine pollution prevention IV. Cause analysis of Contemporary vessel-source marine pollution. 1. Diversity of interested parties of shipping 2. Fierce international competition of shipping 3. Wide variagions in ship safety indicators by natons 4. Limitation of enforcing oil spill activities 5. Limitation of international countermeasures V. Summary conclusions and suggestions Note and References

A Study on Licensor's Obligation of Providing Licensed Technology and Licensee's Obligation of Paying Royalty in International Technology Transfer Contract (국제기술이전계약에서 라이선서(Licensor)의 실시권 부여와 라이선시(Licensee)의 실시료 지급의무에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin
    • 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.

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The strategy of getting the future leading technology based on internet (인터넷에 기반한 미래선도기술 정보확보 전략)

  • Park, Young-Wook;Kang, Hyun-Moo;Choi, Hyun-Kyu
    • Proceedings of the Korea Contents Association Conference
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    • 2006.11a
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    • pp.100-105
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    • 2006
  • We are faced with the age of limitless competition because knowledge and information are the most important to nation's competition and we should struggle to obtain them. Our county made some programmes such as next growth engine and 21c frontier R&D to prepare future. But, the responsible organizations which drive the programmes sponsored by government had a limitation in point of obtaining exact information quickly. So, in this report, we explain the strategy of getting the future leading technology based on internet.

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