• Title/Summary/Keyword: LICENSING

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A Study on the Matter of Double Contract for Trademark License in China (중국의 상표사용허가계약의 중첩체결에 관한 연구)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.73
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    • pp.1-20
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    • 2017
  • There are many safeguards and measures available regulating the protection of a trademark and its registered holder, however, the protection of a licensee in a trademark license agreement is also important for protection of a intellectual property. Therefore, there are several measures in place for the protection of licensees' interests in Chinese trademark law. Article 43(3) of the Chinese Trademark Law rules a licensor who licenses others to use his registered trademark shall submit the trademark licensing to the trademark office for file, and the trademark office shall announce the trademark licensing to public. Without filing, the trademark licensing shall not be used against a bona fide third party. It means a licensee can not use an unrecorded license with the relevant trademark authority against third parties - essentially, this means that a licensee should insist on having their trademark license agreements recorded against the relevant trademark authority, so that a licensee's interests are protected as against the assignees, licensees and other types of third parties. Otherwise a third party in good faith can use the registered trademark legally against a licensee even though a trademark license agreement between a licensor and licensee is still valid.

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A study on the Shrinkwrap License Contracts on Computer - Information Transaction in USA (컴퓨터정보거래에서 쉬링크랩라이센스 계약에 관한 고찰 -미국의 경우를 중심으로-)

  • Song, Keyong-Seog
    • Journal of Digital Convergence
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    • v.2 no.1
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    • pp.93-112
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    • 2004
  • A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

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Inward Technology Licensing, Financial Slack, and Internal Innovation in New Technology-Based Firms Located in Isolated Areas

  • JANG, Yongseok;HADLEY, Brandy;LEE, Woo Jin
    • The Journal of Asian Finance, Economics and Business
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    • v.6 no.2
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    • pp.173-181
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    • 2019
  • The paper aims to evaluate the combination of strategies that influence the success of New Technology Based Firms (NTBFs) located in isolated areas with resource constraints. We utilize the Kauffman Firm Survey to construct a subset of 224 firms operating in primary metal manufacturing industries and who are located in non-thriving areas. We focus on the impact of technological strategy, in the form of Inward Technology Licensing (ITL), combined with financial strategy, in the form of increased financial slack. Using a negative binomial-specification technique to model these relations, we find that ITL positively impacts internal innovation in the firm and this relation is strengthened by the presence of greater financial slack. This positive impact of financial slack supports the behavioral theory of the firm rather than agency theory in that financial slack enables further innovation rather than stifling it. This research confirms the importance of resource acquisition, suggesting that entrepreneurs may utilize external sources of knowledge in an effort to build a favorable situation when facing the challenges of location. Finally, by presenting evidence showing the compatibility of a financial strategy with a knowledge strategy (ITL), this study emphasizes the importance to entrepreneurs of choosing the proper combination of varying strategies.

A study on the status of dental technicians' continuing education and licensing reporting status and development (치과기공사의 보수교육 실태와 면허신고 현황 및 발전을 위한 연구)

  • Sun-Kyoung Lee
    • Journal of Technologic Dentistry
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    • v.45 no.4
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    • pp.111-117
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    • 2023
  • Purpose: This study aims to determine the status of dental technician's continuing education and licensing reporting and provide basic data that can aid in improving the operation of progressive continuing education and licensing reporting and development programs. Methods: This study included dental technicians nationwide who attended the 2023 Korea Dental Technology Expo & Scientific Conference and responded to an online survey from July 21 to July 23, 2023. In total, 180 copies were analyzed. The reliability of satisfaction with continuing education demonstrated a Cronbach's α of 0.924. IBM SPSS Statistics version 21.0 (IBM) was used to statistically analyze the collected data. Results: Satisfaction with continuing education for dental technicians was 2.78, 2.81, 3.21, 2.96, and 2.87 for the number of lectures offered, composition of major fields, lecture content, instructor level, and overall satisfaction, respectively. The average satisfaction with continuing education was 2.93, which was lower than the average (3 points). The investigation revealed that overall improvement was required. Conclusion: Measures for those who have not completed continuing education must be implemented within the government's legal influence by actively using the license reporting system. Strengthening verification of completion of continuing education, improving autonomous disciplinary rights, diversifying the content and learning methods of continuing education, linking with the license reporting system, improving institutional postevaluation, and introducing related policies should be conducted when opening a dental laboratory.

SSC risk significance in risk-informed, performance-based licensing of non-LWRs

  • James C. Lin
    • Nuclear Engineering and Technology
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    • v.56 no.3
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    • pp.819-823
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    • 2024
  • The main criteria used in NEI 18-04 to define SSCs as risk-significant include (1) the SSC is required to keep all LBEs within the F-C target, and (2) the total frequency with the SSC failed exceeds 1% of the limit for at least one of the three cumulative risk metrics used for evaluating the integrated plant risk. The first one is a reasonable criterion in determining the risk significant SSCs. However, the second criterion may not be adequate to serve the purpose of determining the risk significance of SSCs. In the second criterion, the cumulative risk metric values representing the integrated plant risk (less the preventive and mitigative effects of the SSC being evaluated) are compared to a risk limit that represents a very small contribution to the overall integrated plant risk, which corresponds appropriately to the contributions from individual SSCs. The easiest approach to redefine the NEI 18-04 definition of risk-significant SSCs in relation to the integrated plant risk metrics is to compare the difference, between the risk metric value calculated with the SSC failed and the risk metric value calculated with the SSC credited, with 1% of the risk limit established for the integrated plant risk metrics.

Survey on the Education System and National Licensing Examination for Fostering Competent Medical Technologists (우수한 임상병리사 양성을 위한 교육제도 및 국가면허시험제도에 대한 설문조사 분석)

  • Kim, Hong Sung;Kwon, Pil Seung;Kang, Ji-Hyuk;Yang, Man-Gil;Park, Jong O;Kim, Dae-Joong;Kim, Won Shik;Joo, Sei Ick;Kim, Eun-Joong;Lee, Sun Kyung;Lee, Sang Hee;Jekal, Seung-Joo
    • Korean Journal of Clinical Laboratory Science
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    • v.49 no.2
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    • pp.161-170
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    • 2017
  • This study aimed at characterizing policy directions to foster competent medical technologists by analyzing the opinions of professors and medical technologists regarding university education and national licensing systems. An online survey questionnaire was distributed to 255 professors and 4,000 medical technologists in August of 2016. Fifty-nine professors (23%) and 1,099 medical technologists (27.7%) responded to the survey. The results were evaluated using descriptive statistics and comparative analysis. Professors and medical technologists agreed that there needs to be an improvement and standardization in both education at universities and practical training at hospitals. Moreover, both groups also thought that it was necessary to reform practical examinations and make improvements in the current licensing system. According to the survey results, professors and medical technologists thought that, the improvement of the quality of university education and hospital practical training should be essential, and the reform of existing national licensing examination should be necessary.