• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.60
• /
• pp.47-77
• /
• 2013

The way for seller to procure the goods for selling is to produce the goods at his own factory and to buy the manufactured goods from the other company. In order to produce the goods for selling the seller have to obtain the resource from the domestic company or overseas. In the middle of producing the goods to sell, seller may breach the right of a third party based on intellectual property rights. That is to say, seller may use the machine that has not itself been patented and use a process which has been patented by a third party. Seller may manufacture the goods which themselves are subject to the third party industrial property rights. Nowadays it is stressed the importance of intellectual property rights such as a patent, brand, and design. These factors consist of the core elements of the competitiveness of the goods. Many embedded software have been used in the various sector. So the disputes regarding to the intellectual property rights is gradually increasing in number. Article 42 of CISG defines the seller's delivery obligations and liabilities in respect to third party intellectual property rights and claims. It contains a special rule for this similar kind of defective in title, which tries to provide an proper solution to the complex problems caused by such rights and claims in international transactions. When seller will apply this clause to the business fields, there are several points to which seller should give attention. First, Intellectual property is general terms in intangible property rights, encompassing both copyright and industrial property. Which matter fall within the scope of intellectual property? The scope of intellectual property can be inferred from the relevant international conventions, which are based on broad international consensus. Second, Article 42 of CISG governs the relationship between the seller and the buyer, that is to say, questions of who has to bear the risk of third party intellectual property rights. The existence of such intellectual property rights, the remedies available and the question of acquiring goods free of an encumbrances in good faith are outside the scope of the CISG. The governing law regarding to the abovementioned matters is needed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.20
• /
• pp.113-127
• /
• 2003

In some legal systems property passes at the time of the conclusion of the contract. In other legal systems property passes at some later time such as the time at which the goods are delivered to the buyer. It was not regarded possible to unify the rule on this point nor was it regarded necessary to do so since rules are provided by this CISG for several questions linked, at least in certain legal systems, to the passing of property. Even though the CISG rules that it does not govern the passing of property in the goods sold, it does not exclude completely the effect which the contract may have on the property in the goods sold. Problems that under some domestic systems are decided by reference to the "property" concept are governed by specific provisions of the CISG. First of All, the CISG(Arts. 41 and 42) deals with seller's obligation to the buyer that the goods be free of third party claims. Moreover, Article 45 gives a buyer the right to require the seller to deliver goods that the seller wrongfully withholds. Secondly, Article 81(2) gives a seller the right to claim restitution of goods for which the buyer fails to pay. Domestic law must respect these rights as between the seller and buyer; if such rights between the parties prevail over the claims of creditors or other third parties under domestic law, domestic tribunals should give the same effect to rights established by the CISG. Thirdly, the right to sell the goods arises where there has been an unreasonable delay by the party in taking possession of them or in taking them back(Article 88).

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.23 no.58
• /
• pp.59-69
• /
• 2000

Development of digital information and internet technology causes the changes of technology environments and companies, and the variety of customer needs has been dynamically changed in terms of integrating information system with customer satisfaction. Moreover a new logistics concept is needed through the sharing information between suppliers and consumers, which maximizes the level of customers service and its flexibility by changing functional-oriented to process-oriented. In other words, Supply Chain Management (SCM) is now considered as a key aspect of business, which controls the flows of information, funds, and goods in the supply chain. Rationalization of transport-delivery system will be one of the most important issues on logistics management to the domestic companies. The companies need the effective delivery system. Especially in the case of delivery system from distribution centers to customers or vendors, it might take a long time to control the delivery system manually because it would be hard to apply the automatic vehicle routing algorithm effectively considering all the practical constraints. Thus this study develops a heuristic algorithm of automatic vehicle delivery support system in terms of grouping by short ranges of vehicle movement utilizing postal coordinates, which satisfies a variety of realistic constraints and reduces controlling time of manual operations. In addition, the performance of the algorithm developed in this study is evaluated through the case study.

• Journal of the Korean Operations Research and Management Science Society
• /
• v.30 no.2
• /
• pp.185-199
• /
• 2005

With the growth of internet shopping malls, there is increasing interest in comparison shopping mall. However most comparison sites compare only book prices by collecting simple XML data and do not provide .the exact comparison Including precise shipping costs. Shipping costs vary depending on each customer's address, the delivery method, and the category of selected goods, so rule based system is required in order to calculate exact shipping costs. Therefore, we designed and implemented comparison shopping mall which compares not only book prices but also shipping costs using rule based inference. By adopting the extensible Rule Markup language (XRML) approach, we proposed the methodology of extracting delivery rules from Web pages of each shopping mall. The XRML approach can facilitate nearly automatic rule extraction from Web pages and consistency maintenance between Web pages and rule base. We developed a ConsiderD system which applies our rule acquisition methodology based on XRML. The objective of the ConsiderD system is to compare the exact total cost of books including the delivery cost over Amazon.com, BarnesandNoble.com, and Powells.com. With this prototype, we conducted an experiment to show the potential of automatic rule acquisition from Web pages and illustrate the effect of delivery cost.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.47
• /
• pp.49-78
• /
• 2010

The seller has to deliver goods and hand over documents as required by the contract. It is very important that ownership of goods shall be transferred by the documents from the seller to the buyer. Where terms of payments is made under documentary payment such as negotiable order Bill of lading or any transport documents for symbolic delivery of goods shall be more important between the parties concerned. The buyer may withdraw or cancel the contract where the buyer accept the foul Bill of Lading and demand damages where the buyer accept the other documents which are not in accordance with requirements by the buyer. Withdraw or cancel of contract can be made where discrepancy of documents comes into fundamental breach of contract. In conclusion transport documents by the seller will be used to determine appropriation of transport document to the contract. Therefore the seller has to deliver the proper shipping documents to the buyer. Where the breach of the seller's obligations to deliver documents the buyer has the right of requiring performance, contract avoided, claiming damage to recover the contract under CISG. The significance of transport documents has been focused in this study and careful examination of documents shall be needed to prevent any dispute or differences between the parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.6
• /
• pp.11-51
• /
• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• Proceedings of the Korean Operations and Management Science Society Conference
• /
• 2000.04a
• /
• pp.139-142
• /
• 2000

Excessive inventories result from poor scheduling, planning, and controls, and the converse is also same. With adequate inventories, supplies can transport products to customers in time without excessive delivering cost. So efficient inventory control is vital for successful logistics management operation. In terms of mass discount retailers such as Wal-Mart, Carrefour, E-Mart, and so on, they require the high-quality services such as a small-amount and a high-frequency delivery because of having small warehouse and wanting possess much more various goods. In the opposite, manufactures ask mass discount retailer to delivery more lots of goods because of reducing the number of deliveries. It goes without saying that both wish to prevent stockout(lack of inventories). Usually, mass discount retailers have the power more than manufactures. This paper proposed how to manage inventory and how many to order in view of the TPLC and supplier. We considered the economic order quantity models for multiple items so as to prevent urgent deliveries as possible as. And the tradeoff stockout costs and delivering costs.

• International Journal of Internet, Broadcasting and Communication
• /
• v.15 no.1
• /
• pp.40-55
• /
• 2023

Currently, convenience stores, which are naturally located within a 1-minute walk, are easily accessible, so customers can easily purchase the items they need, and now they are indispensable places for people. In line with modern society that focuses on buying and selling goods quickly and easily, such as 'convenience' and 'quickness', convenience stores also have been changing by marketing such as home-delivery service and storage of fresh products, not just simply selling goods. In addition, by utilizing application software, we can use everything with one smartphone that we use a lot, in order to provide reservation delivery, pickup, and subscription services. In this study, we conducted experiments focusing on the factors of convenience store service quality and users using convenience stores, and examined how these experiments affect behavioral intentions of customers through their emotional responses. As a result, it was confirmed that empathy had a positive (+) effect on the pleasure of customers, and reliability had a negative (-) effect on arousal. In addition, it was found that empathy had a positive (+) effect on arousal, and responsiveness and empathy had a positive (+) effect on dominance. Finally, it was found that pleasure and dominance had a positive (+) effect on the loyalty of customers. In this study, we intend to provide basic data on existing or future convenience stores.

• Journal of Distribution Science
• /
• v.19 no.7
• /
• pp.5-17
• /
• 2021

Purpose: The distribution of goods and the flow of information, determined by consumer behavior toward online shopping, is drastically popular worldwide. This study examines some factors such as brand trust, online sales promotion, consumer personality, delivery service, quality assurance, information search, and online consumer satisfaction influence online shopping behavior. Research design, data, and methodology: A constructed questionnaire in an online survey was conducted with 241 random cluster respondents in the greater Jakarta Area. Structure equation model was utilized to analyze and verify all the data. Results: Research finding indicates online sales promotion, delivery service, quality assurance, and online consumer satisfaction positively influence information search. Meanwhile, brand trust, quality assurance, and information search positively influence online shopping behavior. However, the result illustrates that consumer personality negatively influences both information search and online shopping behavior. Conclusions: To influence online shopping behavior, the most important factors that need to be considered by marketplaces are quality assurance. It positively motivates Indonesia's citizens to collect information and make unplanned purchases. The study finding can be a reference for brands to maintain and build outstanding product quality, an informational website, and an excellent marketing strategy so that customers can meet their expectations. Besides, it also broadens both companies' and individuals' knowledge about the digital revolution on consumer behavior.

• International Journal of Internet, Broadcasting and Communication
• /
• v.13 no.4
• /
• pp.90-96
• /
• 2021

The logistics market is continuously growing due to the development of technology and the growth of the online market. In addition, the social atmosphere that emphasizes non-face-to-face due to the pandemic situation is accelerating the growth of logistics. Delivery of goods ordered online requires delivery process through courier worker. In order for the courier worker to ship the product, the work of loading the product on the truck must be preceded. The accident caused by such delivery and loading work is increasing and it is emerging as a social problem. This study proposes a robot-based automated loading system to efficiently handle the increasing volume of courier service and to construct a more efficient and safe working environment by replacing the physical labor that was overloaded to courier workers. The proposed system replaces the loading of the courier worker and proposes the optimal loading function through the automation system.