• Knowledge Management Research
• /
• v.20 no.1
• /
• pp.231-249
• /
• 2019

Technology transfer from a multinational company to a local subsidiary is essential for successful local market operations. This study aims to analyze the impact of market, cultural and institutional environmental factors on international technology transfer and innovation performance based on the S-C-P paradigm. We collected data from one hundred ninety-five subsidiaries of Korean parent firms located in seventeen countries and used structural equation modeling to test hypotheses. The analysis findings are as follow; First, both market and cultural environment directly affect international technology transfer. However, institutional environment such as protection of intellectual property does not affect international technology transfer. Due to the less risk of technology disclosure involved in technology transfer within the MNE organization can be not relationship between protection of intellectual property in the host country and the foreign subsidiary's transfer of technology. The risk of infringement of intellectual property is relatively low in intra-firm transfer of technology. Second, the technology introduced from the parent company has a positive effect on the innovation performance of local subsidiaries. This implies that multinational companies that have entered unfamiliar overseas markets should be able to effectively transfer the inherent advantages of the parent company to their overseas subsidiaries, and that their ability to adapt to the local environment is important.

• International Commerce and Information Review
• /
• v.10 no.2
• /
• pp.141-164
• /
• 2008

This study aims to come up with the elements that have influence on the outcomes of technology transfer in a multi-divisional way by making analysis of the interactive relations among technology transfer factor, technology transfer procedure factors, and technology transfer outcome factors through the Structural Equation Model(SEM). And the sample companies are restricted to the ones that have the records of technology transfer to China for the past five years For research model, technology success factor model of Choi and Lee (2000) and technology receptive capability and technology transfer outcome model of Lin, Tan and Chang(2002) were adopted. The research model was divided into an external variable, technology transfer factors and an internal variables, technology transfer procedure factors and technology transfer outcome factors. Research hypothesis was divided into technology transfer factors and technology transfer procedure factors; and technology transfer outcomes. As a result of analysis, cultural difference associated with technology transfer, technological type, corporate capability, and mutual trust have an effect on the outcomes of technology transfer.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.3-26
• /
• 2013

The purpose of this paper is to examine the several points at issue in international technology transfer contract from licensor's and licensee's perspectives, and to refer them when the licensor and the licensee draw up the contract. This author analyzed the critical points of the related provisions of ICC Model International Technology Transfer Contract(2009) by citing the explanations of the Introduction of the Model Contract. The provisions of the Model Contract are generally divided into two categolies; specific conditions and general conditions. This author selected four topics in the specific conditions; Contents of the Contract, Royalty, Modification and/or Improvements of Products, and Territory and Competition. Likewise this author selected three topics in the general conditions; Resolutions of Disputes, Applicable Law and Taxes. Both parties need to be mindful of the following points in the above topics, when they draw up the contract. First, both parties should make the definitions of special terminologies clear, which are included in the Contract. Second, before the parties sign the Contract, they should check any approvals to be necessary by the both countries' governments. Third, for the calculation of the royalty, they should clear the criteria, the scope, and the object. Fourth, as the local laws or regional laws regarding the territory limitation and taxation are mandatory, any provisions of the Contract should not be inconsistent with them. Therefore, both parties should check before-hand the local laws or rules related with the provisions of the Contract. Fifth, when the parties draw up the Contract, they should examine the Provisions of Dispute Resolution in consideration of the Governing Law. Thus both parties decide to make the technology transfer contract, the three aspects namely profitability, legal conflict with mandatory rules, and sustainability of the business resulting from the Contract should be examined in advance, and then proceed the business using the technology transfer.

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

• Journal of Arbitration Studies
• /
• v.18 no.3
• /
• pp.71-89
• /
• 2008

International technology transfer(ITT) or technology trade is a very comprehensive term covering various mechanisms and channels for shifting technologies across borders. Thus, it refers to numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation. It includes technology, trade, and investment. Markets for exchanging technologies are inherently subject to failure due to appropriability problems, spillovers, asymmetric information, and market power. Thus, there is strong justification for public intervention. Technology developers are interested in reducing the costs and uncertainty of making transfers, along with protecting their rights to profit from such transfers. On the other hand, technology importers are interested in acquiring knowledge at minimal costs, asking for restricting sharply the exclusive rights of foreign firms to exploit technology. The purpose of this paper is to review the characteristics, risks, legal issues and contractual check points of ITT, focusing on the avoidance of commercial disputes during the very complex processes of ITT.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.76
• /
• pp.1-20
• /
• 2017

The industrial technology (including trade secrets), which is commonly understood as systematic and applied technical knowledge, can be transferred to third parties by contracting for the transfer of technology or by granting of a licence. The activity of industrial espionage, due to the gradual increase of the economic interests of intellectual property, is displaying intensively in order to gain advanced technology information. With our outstanding high technology, but compared to the level of the advanced countries, the technical protection systems, the legal protection measures and the systematic management thereof may still be insufficient. Our industrial technology outflow abroad, due to the vulnerability to the security control system in our country, has been increasing since the 2000. Computer software and SNS, such as smart devices, appear as a rapid change in the technical information environment. In order to minimize the dead zone of a new industrial security, the country's organic activity is being conducted. In 2006, Industrial Technology Outflow Prevention and Protection Law was enacted, which emphasized the responsibilities of the country. In this paper for the economic entity's efforts to prevent technology leakage oversea, I have looked to how the industrial technology can be protected in terms of national security and economic benefits of our enterprises. To solve the above-mentioned problems hereof, Korean government should willingly establish a reliable legal system for supporting to enterprise's operations, and Korean companies should autonomously introduce a synthetic technology protection system and incorporate the confidentiality clauses in an international transfer of technology agreement with third parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.107-132
• /
• 1999

The technology transfer agreements, which transfer technology from industrialized countries to developing countries, are subjected to control and restrictions in many developing countries in order to protect national interests. The licensors endeavour, therefore, to ensure that their activities fit satisfactorily into the technological policies and plans of the host countries, and contribute to the development of national scientific and technological potential, including the establishment and improvement in host countries of their capacity to innovate. Secondly, the licensors adopt in the course of their business activities practices which permit the rapid diffusion of technologies with due regard to the protection of industrial and intellectual property rights. Thirdly, the licensors endeavour to grant licenses for the use of industrial property rights or to otherwise transfer technology on reasonable terms and conditions.

• International Commerce and Information Review
• /
• v.19 no.1
• /
• pp.191-210
• /
• 2017

The old sources of competitive edge and value added were land, labor, and capital. In today's knowledge-based economy in the 21st century, technology is attracting attention as a new engine of growth. That paradigm shift of world economy has resulted in the global spread of technology transfer and the gradual increase of trade of intangible goods including patents and know-how as well as tangible goods in international trade. An international license agreement is a representative form of technology transfer. In license agreements, the providers of technology keep their ownership of technology, allow the implementation of technology to the users of technology only for a certain period of time, and receive loyalty as a reward. Economic profit through such technology trade can be realized with the smooth implementation and termination of agreement. International license agreements are different from sales contracts, which represent international business transaction based on mutual obligation, in many aspects in that they target intangible goods of technology and aim for rent for a certain period of time. This study thus set out to examine issues that could be controversial in the main and individual obligation of the parties in international license agreements and provide implications helpful for the prevention of disputes in advance.

• The Journal of Fisheries Business Administration
• /
• v.50 no.4
• /
• pp.11-28
• /
• 2019

In this study, the Inter-Korea Fisheries Cooperation Project was divided into four categories: North Korea's Fisheries Infrastructure Development Project, Fisheries Cooperation Project, Human Exchange Project, and North Korea Fisheries Investment Project. First, North Korea's fisheries infrastructure development projects include North Korea's fisheries resource research project, it's fisheries resource development project, and joint enforcement on illegal operation of Chinese ships. Second, fisheries cooperation projects include the operation of the North-South common fish area in the West Sea, the fishing project in North Korea's East sea, and the import of North Korean seafood. Third, human exchange projects include training of aquaculture technicians in North Korea, technology transfer and training of fishing vessels, and boarding of North Korea's fisherman in Korean fishing vessels. Fourth, North Korea's fisheries investment projects include aquaculture facilities and aquaculture feed support, aquatic product processing facilities and technology transfer, and fishery equipment support. However, as international sanctions are maintained in the international community to North Korea, Inter-Korea Fisheries cooperation, however, should be promoted according to the level of easing of international sanctions as international sanctions are maintained in the international community to North Korea. First, North Korea's fisheries resource research project, North Korea's fisheries resource creation project, joint enforcement on illegal operation of Chinese ships, and operation of the common fish area in the West Sea can be promoted if international sanctions are maintained at present, promote North Korea's fisheries resource research project. Second, boarding of North Korean's fisherman in Korean fishing vessels, conducting the fishing project in North Korea's East sea, and importing North Korean seafood can be aided if commercial transactions are possible with North Korea. Third, South Korea will support aquaculture facilities and aquatic feed, fisheries processing facilities and technology transfer, fishery equipment support, training of fisheries and aquaculture technicians, fishery fishing technology transfer, and training of fisherman when a comprehensive economic cooperation project is possible with North Korea.

• Proceedings of the Korea Technology Innovation Society Conference
• /
• 2017.05a
• /
• pp.195-218
• /
• 2017

The paper tests the above socio-cognitive model with four empirical case studies of leading Korean science and technology research and technology transfer organizations. The case studies demonstrate clear differences in individuals' frames about the technology transfer process and arising conflicts. As a result, technology transfer process is not fully controllable and is highly contextual. We argue, whereas public policy in countries approaching technology frontier provides essential support for defining and exploiting best practices (routines/pathways) for technology transfer at organizational level, they have not matured enough to support the timely identification and resolution of conflicts between individual actors, hence the inefficiencies. Therefore, among others, public policy for technology transfer could consider allowing an inclusive approach to recognition of best practices for technology transfer and innovation processes, increased social interactions between technology transfer actors, and their training on resolution of individual level cognitive conflicts.