• Title/Summary/Keyword: Overseas Patent

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A Study on the Seller's Liability under Article 42(1) of the CISG (CISG 제42조 (1)항의 매도인의 책임에 관한 소고)

  • Heo, Kwang Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.47-77
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    • 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.

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Analysis on Prefabricated Space Structure Based on Overseas Patent Case Study (해외 특허 사례 기반 프리패브 공간 구조 분석)

  • Han, Hyun-Suk
    • Journal of Digital Convergence
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    • v.18 no.11
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    • pp.207-214
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    • 2020
  • This study analyzes the method for easily constructing a simple space in various environments. It also analyzes cases of modular prefab construction structures and explores various solutions and development directions that can form temporary residential spaces. This research intends to propose the diverse methods and solutions for constructing residential space for users' stable living environment in various unpredictable situations. This study amis to collect and analyze cases of various foreign patents related to the subject. With the analysis on the patents case, the prefab structures are mainly grouped into 4 types of 1) Assembly method using small parts, 2) Prefab module stacking method, 3) Space expansion method, and 4) Production methods of detailed elements. Based on the results, future research will inquire the lower cost and more efficient way of constructing prefab structure.

Design and Implementation of Paper Map for Traditional Korean Medicine (한의학 연구동향 분석을 위한 페이퍼 맵 분석 시스템의 설계 및 구현)

  • Yea, Sang-Jun;Jang, Hyun-Chul;Kim, Chul;Kim, Jin-Hyun;Kim, Sang-Kyun;Song, Mi-Young
    • The Journal of Korean Medicine
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    • v.31 no.5
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    • pp.103-111
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    • 2010
  • Objectives: Because of the characteristics of traditional Korean medicine, there are few overseas patents and SCI papers. Researchers are struggling to analyze the research trend using existing patent analysis system and paper analysis system. We aim to build up a web-based paper map analysis system for Traditional Korean Medicine to improve the situation. Methods: We studied the following three sub topics. First, we surveyed the research trend analysis method for traditional Korean medicine. Second, we designed a paper map analysis model and made the algorithm for it. Finally, the development of the paper map analysis system was conducted. Results: We developed a web-based paper map analysis system which has the three main functions being analysis chart, topology map and contour map. For the rich internet application, we used the flex development tool and java integrated development environment. Conclusion: We will provide our paper map analysis system in the OASIS through the minor changes to provide easy use. We hope that this system will be a useful tool to analyze the research trends for traditional Korean medicine.

Exporting and IPR Creation Use of Firms (기업의 수출활동과 지식재산권 창출활용)

  • Rho, Sung-Ho
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.9 no.7
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    • pp.891-900
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    • 2019
  • In this paper, we investigate the relationship between IPR creation and export activity. And we try to examine the effects of IPR use as innovation on export performance. The dataset used in the empirical analysis are the annual "Survey of Business Activity(2006~2014)" panel data which include total of 6,144 samples of firms. Data set includes the sample characteristic such as employee, industry, export performance, possession/use/development of IPR. According to analysis results, this paper confirms that R&D and export activities of firms make positive effects on IPR creation. In addition, this paper finds that IPR use of firms make positive effects on firm's export performance. Exporting firms achieve higher export performance by developing new products and processes to enter and compete in overseas markets. In addition, exporting firms can achieve higher performance by using intellectual property rights to appropriate innovation outcomes in foreign markets and to exclude the possibility of patent disputes in advance.

Case Study on the Effect of IPO on the Technology Commercialization Performance of the New Drug Development Bio Venture Company (증권시장 상장이 신약개발 바이오벤처기업의 기술사업화 성과에 미치는 사례연구)

  • Kim, Ju Young;Ha, Kyu Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.14 no.1
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    • pp.151-166
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    • 2019
  • New drug development requires 10 to 15 years of long time and more than $ 1 billion in funding, ranging from basic research${\rightarrow}$preclinical medicine${\rightarrow}$clinical medicine${\rightarrow}$product approval${\rightarrow}$sales. Many new drug development bio-venture companies will continue to pursue new drug development with funds secured through listing on the securities market. This study focuses on the impact of the listing on the market of bio-venture companies in the development of new drugs. It is necessary to determine whether the increase in registered patent, preclinical, clinical and technology transfer contracts at the time of listing (D) The results of this study are as follows. We also analyzed whether the registered patent, preclinical, and clinical effects had significant effect on technology transfer contracts at two years after listing and listing. The results of the analysis are as follows. First, Korea's new drug development bio-venture firms increased their registered patents but did not increase their pre-clinical, clinical and technology transfer contracts. Second, at the time of listing and two years after listing, pre-employment has a significant effect on Korea's technology transfer contracts and has a significant effect on overseas technology transfer contracts. However, registered patents and clinics have significant influence on technology transfer contracts. Korea 's new drug development bio-venture firms showed patent increase despite the stock market listing, but pre-clinical, clinical and technology transfer contracts did not increase. In order to strengthen technological commercialization of new drug development bio-venture companies in the future, it is required to establish R & D strategy for efficient use of IPO subscription funds, open innovation through strengthening industry-academia-partnerships, and more sophisticated preclinical and clinical strategy establishment.

The Comparative Analysis of Outcomes on Patents and Papers of Railway Research Institutes in Korea, China and Japan (한국, 중국, 일본 철도연구기관 특허 및 논문실적 비교분석)

  • Baek, Sunghyun;Yi, Yoonju
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.6
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    • pp.455-460
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    • 2020
  • The governments of Korea, China, and Japan have operated comprehensive research institutes for railway technologies. Korea Railroad Research Institute (KRRI), China Academy of Railway Sciences Corporation Limited (CARS), and Railway Technical Research Institute (RTRI) are representatives of comprehensive railway research institutes in each country. KRRI was found to be the most advanced in the quantitative competitiveness of patents. In terms of qualitative competitiveness, KRRI has strength in civil engineering, whereas RTRI has strength in electricity. KRRI was found to have the greatest efforts in securing competitiveness in overseas property rights. By comparing the publication of papers, CARS published the most papers. On the other hand, from 2015, KRRI showed an upward trend and published the most papers. By examining the impact of the papers by the citation, KRRI was found to have higher competitiveness than the other two institutions. In the future, it will be necessary to perform big data analysis on patents and papers of the three organizations, derive the key research areas and promising technology areas for each institute, and establish a mid-to-long-term development plan for railway technology based on scientific evidence.

A Study on the Status Analysis and the Development plan of Beauty-IT Convergence Industry (뷰티-IT 융합산업의 현황 분석 및 발전방안 연구)

  • Moon, Won-Suk;Kim, Seok-Soo
    • Journal of Digital Convergence
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    • v.13 no.8
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    • pp.235-243
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    • 2015
  • Recently, due to the spread of the Korean Wave, as worldwide interest in Korean culture and the appearance of Korean celebrities increases, overseas expansion of Korean beauty companies have been activated. Despite the global economic downturn, Beauty Industry is continuing to grow, Korea's growth rate is remarkable level. Despite this growth in order to maintain a steady growth since the beauty industry is small and polarization based on the Beauty-IT Convergence Technology creates new markets, that require development of Beauty-IT Convergence Industry. For the status and prospects of the Beauty Industry, some research has been carried out, not all the studies carried out so far for Beauty-IT Convergence Industry. Therefore, this study is significant that Beauty-IT Convergence Industry's first research. The global Beauty-IT Convergence Industry is at the beginning yet, tThe government selected research topics of Top-Down approach to Beauty-IT Convergence technology, granted extra points, supported by establishing long-term Technology Roadmap as other industries, such as by establishing a global market strategy for the systematic occupation and promising technology development planWe will get focused training.

Classification of Performance Types for Knowledge Intensive Service Supporting SMEs Using Clustering Techniques: Focused on the Case of K Research Institute (클러스터링 기법을 활용한 중소기업 지원 지식서비스의 성과유형 분류: K 연구원 사례를 중심으로)

  • Lee, Jungwoo;Kim, Sung Jin;Kim, Min Kwan;Yoo, Jae Young;Hahn, Hyuk;Park, Hun;Han, Chang-Hee
    • The Journal of Society for e-Business Studies
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    • v.22 no.3
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    • pp.87-103
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    • 2017
  • In recent years, many small and medium-sized manufacturing companies are making process innovation and product innovation through the public knowledge services. K Research institute provides different types of knowledge services in combination and due to this complexity, it is difficult to analyze the performance of knowledge service programs precisely. In this study, we derived performance items from bottom-up viewpoints, rather than top-down approaches selecting those items as in previous performance analysis. As a result, 74 items were finded from 82 companies in the K Research Institute case book, and the final result was refined to 17 items. After that a case-performance matrix was constructed, and binary data was entered to analyze. As a result, three clusters were identified through K-means clustering as 'enhancement of core competitiveness (product and patent),' 'expansion of domestic and overseas market,' and 'improvement of operational efficiency.'

Research on the Level Evaluation Model of the Organization Research Security (조직의 연구보안 수준평가 모형 연구)

  • Na, Onechul;Chang, Hangbae
    • The Journal of Society for e-Business Studies
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    • v.25 no.3
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    • pp.109-130
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    • 2020
  • Recently, the importance of research and development for technological innovation is increasing. The rapid development of research and development has a number of positive effects, but at the same time there are also negative effects that accelerate crimes of information and technology leakage. In this study, a research security level measurement model was developed that can safely protect the R&D environment conducted at the organizational level in order to prepare for the increasingly serious R&D result leakage accident. First, by analyzing and synthesizing security policies related to domestic and overseas R&D, 10 research security level evaluation items (Research Security Promotion System, Research Facility and Equipment Security, Electronic Information Security, Major Research Information Security Management, Research Note Security Management, Patent/Intellectual Property Security Management, Technology Commercialization Security Management, Internal Researcher Security Management, Authorized Third Party Researcher Security Management, External Researcher Security Management) were derived through expert interviews. Next, the research security level evaluation model was designed so that the derived research security level evaluation items can be applied to the organization's research and development environment from a multidimensional perspective. Finally, the validity of the model was verified, and the level of research security was evaluated by applying a pilot target to the organizations that actually conduct R&D. The research security level evaluation model developed in this study is expected to be useful for appropriately measuring the security level of organizations and projects that are actually conducting R&D. It is believed that it will be helpful in establishing a research security system and preparing security management measures. In addition, it is expected that stable and effective results of R&D investments can be achieved by safely carrying out R&D at the project level as well as improving the security of the organization performing R&D.

An Analysis of Research Productivity by Fields in Science and Engineering (이공계 분야별 연구생산성 분석)

  • Kim, Ki-Hyoung;Seol, Sung-Soo
    • Journal of Korea Technology Innovation Society
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    • v.18 no.1
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    • pp.98-125
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    • 2015
  • This study will show the determinants of research productivity by fields in science and engineering. However, we present the differences between fields by personal attributes, research resources, and research productivities. The data includes 1,383 researchers who participated in the BK21 PLUS program during 2010-2012. The fields are physics, chemistry, biology, mechanics, electricity and electronics and chemical engineering. As for research productivity, 3 indices are used such as the number of papers publicized, patents and combination of papers and patents. As for explanation factors, two kinds of variables are used. The personal factors include sex, age, academic rank, location of affiliation, and country of PhD acquisition, and the resource factors are the number of graduate students, 3 types of research funds such as government fund, industrial fund and overseas fund. This study is unique in several aspects; Dealing with 3 productivity indices, and using massive official data, 6 different fields, and determinants of research productivity. The results are as follows; 1) there is a big difference in determinants by fields. 2) No variables affect the research productivity of all the fields at the same time. 3) In science, the number of determinants are quite low than engineering. 4) The ratio between papers and patents are different by fields. 5) The correlations between paper and patent by fields are different; no relationship in the field of physics and chemistry and positive relationship in the other 4 fields.