• Title/Summary/Keyword: Licensing policy

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The Improvement for Licensing Policy to Promote R&D Outputs of National R&D Programs in Korea (국가연구개발사업 기술료 제도의 개선방안 연구)

  • Do, Kye-Hoon;Um, Ik-Cheon
    • Journal of Korea Technology Innovation Society
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    • v.14 no.2
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    • pp.260-278
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    • 2011
  • Along with the launch of National R&D Program in 1982, National R&D licensing policy began to operate in order to expand and promote the outputs of R&D. Even though various studies attempted to draw plans to improve the National R&D licensing policy, most of their focus was limited to the collection and allocation structure of royalty. Thus, with the aim of approaching National R&D licensing policy in a whole cyclic perspective [from collection allocation to execution' post control], this study incorporates interviews with specialists and officials in charge of technology licensing fee, Industry-University-Institute surveys as well as literature review. Through this endeavor, suggestions are made in the aspects of (1) National R&D licensing policy reformation, (2) Technology licensing fee collection and allocation structure refinement, (3)Post control system establishment.

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Compulsory Licensing as a price control and supply policy of patented drugs : Is it a possible alternative in South Korea? (특허신약의 가격통제 및 공급 정책으로서의 강제실시 : 한국에서의 가능성과 한계)

  • Byeon, Jin-Ok;Chung, Jung-Hoon
    • Health Policy and Management
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    • v.20 no.1
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    • pp.64-86
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    • 2010
  • Korea has had problems with the price and supply of essential drugs such as Gleevec for leukemia, Fuzeon for HIV/AIDS, and Tamiflu for both avian flu and swine flu. The shortage or refusal of patented drugs supply is imposing a heavy burden in not only developing countries but also developed countries. Thinking over the serious results, we need to concern about the limited access to patented drugs by multinational drug companies' patent monopoly especially for pandemic and life threatening diseases. The effective response regarding to pandemic and life threatening diseases. The effective response regarding to pandemic situation requests collaborative and unbiased provisions of all countries in the world, however, sometimes patent monopoly may hinder the efforts. Compulsory licensing has been considered to be a useful alternative to the abuse of patent rights. However, the Korean experiences of compulsory licensing have left some controversial issues in connection with the availability of it in Korea. 'Flexibility' allowed in TRIPS and Doha Declaration has not come into effect in Korea for several reasons. Although the situation shows the limitations of compulsory licensing as a pharmaceutical supply policy, it is clear that compulsory licensing still has the possibilities of enhancing the access to medicines of all countries in need. Through searching the institutionalization process and experiments of compulsory licensing in Korea, this article explores the possibilities and the limits.

An Evaluation of Broadcaster Licensing Policy in Korea since 1990 (1990년 이후 방송사업자 인허가정책에 대한 평가)

  • Jung, In-Sook
    • Korean journal of communication and information
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    • v.18
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    • pp.199-229
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    • 2002
  • This study analyzed the trends of broadcaster licensing policy during 1990-2001 in Korea. It is to seek the answers about how the examination standards and procedures applied to broadcaster licensing has been changed for the last decade. For the purpose this study inquired six cases such as private broadcasting licence (1990 October), cable TV program provider licences(1993 July), cable TV system operator licences(1994 January), private local broadcaster licences(1994 July), satellite broadcaster licence(2000 December) and cable TV home shopping channel licences(2001 March). It examined the degree of specification and measurement of the standards based upon the government white paper; average points per item, average points per quantitative item, and average points per qualitative item etc. The government hadn't opened the standards and procedures how it licensed broadcasters until 1990 and the uncertain attitude brought distrust on the government broadcasting policy. The first white paper about broadcaster licensing was made in 1994 after cable TV broadcaster licensing was finished. The results indicated that Korean broadcasting licensing policy rapidly developed in the dimension of transparency from 'a secret room policy' to 'a sunshine policy' for the last decade. But it still needs improvement in the dimension of fairness of examination. Now one of the main distrust is the ratio that the one of qualitative examination standards are much more than the qualitative one.

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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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The Technology Licensing Office as Factor of Success for Spin-off: Case Study of a Research Lab Startup of Korea

  • Ham, Hyeong-Uk;Ko, Chang-Ryong
    • Asian Journal of Innovation and Policy
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    • v.5 no.2
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    • pp.129-145
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    • 2016
  • This is a case study to analyze the role of technology licensing or transfer office (TLO) as factors of success for the spin-off from government research lab. The case company is a research lab startup, which is a joint venture through technology investment by a government research lab or university in the designated R&D parks and cash investment by the partner company. The case company listed on the stock market in 2015 reaching a market capitalization of US$ 1.2 billion. We confirm the success factors of startups pointed out in many studies: original technology, good understanding of core technology and production technology, technological competitiveness in the market. However, there is an important factor not well discussed in the previous studies, the role of TLO. TLO guided the company ownership, management, technology, and solved problems that pause business itself. The case became the sample of research lab startup and technology investment in Korea.

A comparative study on UAV pilot license by the classification criteria (무인비행장치 분류기준에 따른 조종 자격제도 비교 연구)

  • Kim, Yongseok;Choi, Sungwon
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.27 no.1
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    • pp.26-33
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    • 2019
  • It is necessary to establish a UAV pilot license and training system because the number of UAV-related accidents has rapidly risen. Most of accidents are caused by the human factors such as the lack of control skill and aviation knowledge. In this paper, we investigate licensing policy of small UAV pilots and examine the level of UAV licensing system and classification criteria based on comparative analysis of national cases such as USA, UK and China. Recently, the Ministry of Land, Infrastructure and Transport Affairs is planning to improve the safety regulation by taking into account the risk level of the licensing system, which has been classified according to the existing weight and commercial purpose. From the comparative analysis, we suggested a improvement policy for UAV licensing system in the view of pilot license segmentation, beyond Visual Line-of-sight flight and high risk UAV for non-commercial.

E-licensing 이용 동향과 고도화 방안 연구

  • Lee Tae-Jin;Jeong Hae-Gung;Song Gi-Hong
    • The Proceeding of the Korean Institute of Electromagnetic Engineering and Science
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    • v.17 no.3 s.59
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    • pp.87-100
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    • 2006
  • Recently, a lot of countries including the USA, Japan and European countries are working on applying IT technologies to spectrum management. Korea has put the G4C(Government for Citizen) project in pace that enables customers to access online public services including authorization of radio station. To improve the spectrum access and use, it is required to develop advanced support system for spectrum policy. This study analyzed and compared the e-licensing systems of foreign countries with those of Korea, and considers what process and methods of e-licensing are needed for Korea.

A Study on the License Agreement of digital information - focusing on the UCITA - (디지털정보의 사용허락계약)

  • Han, Byoung-Wan;Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.11 no.1
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    • pp.45-66
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    • 2009
  • Licensing of information is the standard of the computer information business today. The huge bulk of vendors license their computer information products. The Uniform Computer Information Transactions Act(UCITA), therefore, does not originate licensing contracts. UCITA was developed to provide basic, recognizable default rules for the existing licensing activity that goes on and expands as commerce in computer information expands. UCITA's rules govern licensing of contracts for computer information from formation through performance, including remedies if there is a breach of contract. Included in UCITA are rules for warranties, both implied and express, and rules pertaining to risk of loss in a computer information transaction. Most of the rules in UCITA are the traditional and familiar rules of contract from the law of sales and from the common law, but adapted to the special nature of computer information licensing contracts. Freedom of contract is a dominating underlying policy for UCITA, exactly as that principle is the foundation for the law of commercial transactions, generally, and exactly as that law has served all commercial transactions in the United States and has contributed to the economic growth and health of the United States.

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The Analysis on the Roles of Patents, Standards, and Licensing as Technology Diffusion Media for Technology Innovation (기술혁신을 위한 기술확산매체로서의 특허와 표준, 그리고 라이센싱의 역할 분석)

  • 이상무
    • Proceedings of the Technology Innovation Conference
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    • 1999.06a
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    • pp.226-244
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    • 1999
  • Very closely related to technologies, patents, standards, and licensing interact with them, cores of technology innovation, as the technology diffusion media for technology innovation. Todays it is usually impressed that no one can face to international technology competetion environment without the strategy of patent, standardization, and licensing. In this paper, the whole configuration of technology innovation is represented including the patent, standard, licensing as these media, their basic characteristics and how they roles as technology diffusion media interacting with the technology, core of the technology innovation configuration are analyzed, and some related practical cases to be understood as the applications of these three media for technology innovation are also explained : such as IMT-2000 and CDMA technology which have been international issues currently involved in patents and standardization together, the advent of Linux operating system being the new event in the field of computer technology. Finally this paper intends to have the implicated meanings needed for national policy improvement, through appreciating the importance and the mechanism of roles of three media factors for technology innovation.

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Policies on Complementary and Alternative Medicine in the United States - Focusing on Licensing and Insurance - (미국의 보완대체의학 제도와 정책 - 면허제도와 의료보험급여를 중심으로 -)

  • Lim, Byung-Mook
    • Journal of Society of Preventive Korean Medicine
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    • v.14 no.1
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    • pp.137-149
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    • 2010
  • In recent decades, as the utilization of complementary and alternative medicine in the United State have been growing rapidly, regulatory controls surrounding complementary and alternative medicine(CAM) aims to ensure patient protection against unproven practices and to provide safe and effective treatments. Regulation and policy method on licensing CAM practitioners varies across the states. Over 85% of the states have the licensing system for acupuncturists, chiropractors, and naturopaths. For acupuncture, although the requirements for formal education are various across the states, a unified written examination has been adopted by almost entire states which have acupuncturist licensing law. Medicare, the public medical insurance, does not cover CAM practices except chiropractic and biofeedback. In some states, however, Medicaid programs cover some CAM therapies including acupuncture, naturopathy, and massage therapy. 67% of Health Maintenance Organizations, the private health plans, provide at least one modality of CAM services. In conclusion, government policies have been strengthened to ensure patient protection, and will continue to integrate CAM practices that are proven to be safe and effective into mainstream health care system.