• 무역상무연구
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• 제65권
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• pp.21-49
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• 2015

This study primarily concerns the various franchisor's duties provided under the Draft Common Frame of Reference (here-in-after DCFR) in comparison with those under Korean law. It particularly focuses on the followings. First, it scrutinizes the rules on the scope of application in a comparative way, focusing on the following questions; what is the definition of a franchise contract and what are the essential elements of such contract. Second, it investigates in a comparative way the provisons as to the franchisor's contractual duties as follows; 1) a duty to collaborate actively and loyally and coordinate their respective efforts, 2) a duty to provide the franchisee with adequate and timely information before the contract is concluded, 3) a duty to grant the franchisee a right to use the intellectual property rights, 4) a duty to provide the franchisee with the know-how, 5) a duty to render the franchisee with assistance, 6) a duty to ensure the products ordered by the franchisee are supplied, 7) a duty to provide information during the performance, 8) a duty to warn the franchisee decreased supply capacity, 9) a duty to make reasonable efforts to promote and maintain the reputation of the franchise network. Its emphasis is particularly put on the rationals, the contents and the nature of such duties. Third, this study provides legal and practical advice to the contracting parties when they intend to insert either the DCFR or Korean law in their contract as a governing law.

• 대한암한의학회지
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• 제13권1호
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• pp.1-11
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• 2008

Objectives: To grasp the traditional stream of cancer treatment inherited from the previous doctors. Methods: The author's research has been performed cancer treatment based on JIJU(積聚) taking the original text as a reference. Results & Conclusion: The general three outlines and five detailed rules of cancer treatment have been obtained as follows. The first outline of cancer treatment is that reinforced vital function makes cancer reduce naturally. the second is that Harmless cancer can coexist in human beings and aging with them. and the third is that Elimination and reinforcing therapies should be executed in appropriate era and those therapies should utilize appropriate methods. The first detailed rule of cancer treatment is when using reinforcing therapy, it must applicate mildly and when using elimination therapy, it must applicate calmly. The second detailed rule is that the methods of cancer treatment are different from each cancer stage. The concentration should be made on reinforcing therapy at early stage while reinforcing and elimination therapies must be conducted together at middle stage. At terminal stage reinforcing therapy is the sole method to be taken. The third detailed rule is that the basis property of cancer drug is warm nature and extremely biased property should be avoided and when complication arises (eg. inflamatory disease, cancer fever, etc), cold or cool nature can be applied. The fourth detailed rule is that Cancer drug must have the effect eliminating the blood stasis, phlegm and excessive fluid, all together. The fifth detailed rule is that Physicians have to control patient's stress or stress related symptom and teach patients about right way of taking care of themselves and patients should take hygienic rules with their free will by themselves (eg diet, exercise, stress, etc)

• 한국IT서비스학회지
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• 제13권3호
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• pp.129-148
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• 2014

Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet "cybersquatting", a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, (1) the trademark or other intellectual property rights of the person, if any, in the domain name, (2) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, (3) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, (4) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name, (5) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, (6) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct.

• 한국지역사회생활과학회지
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• 제17권2호
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• pp.3-14
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• 2006

This study intends to offer suggestions for improving the security and competitive power of traditional liquors by investing in the status of intellectual property rights. Merchandising and the marketing strategies of traditional liquor are also addressed. The data was collected through a questionnaire survey given to 101 CEOs of traditional liquor manufacturers. The major results of this study were as follows: The management types of traditional liquor manufacturers were classified as the company 57 (56.4%), the corporation or the union 29 (28.7%), domestic industry 10 (9.9%), and marketing community or technology center 5 (5.0%). The competitive power degree of traditional liquor products was classified as strength 30 (31.6%), usual 30 (31.6%), weakness 35 (36.8%). The elements of strong competitive power were taste, functional (wellbeing) character, and attractiveness of the brand name. On the other side, reasons for weakness in competitive power were the marketing system, price competitiveness, and advertisement. The trademark registration of the traditional liquor appeared with 53%. The reasons not to pursue a trademark registration included the complicated and unnecessary process of registration acquisition, high registration expenses, etc. The perceptions of CEOs about the consumer's brand awareness for their product were low with an average 2.97. Explanations included insufficient advertisement and public relations, unrefined trademark design, and the meaninglessness of brand names. The marketing strategy of traditional liquor manufacturers according to annual sales were as follows: Manufacturers with high sales emphasized marketing strategies that focused on functional character, traditional image, high quality in image and package materials and design, high price strategies based on quality, and various sale promotions.

• 대한예방한의학회지
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• 제17권1호
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• pp.125-135
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• 2013

Objectives : Medical treating with eating foods is one of important therapies in East Asian traditional medical knowledge and is referred as a therapy to treat diseases through foods. Since the food cannot be separated from ordinary people living, the medical treating with eating foods is a therapy with strong locality and contains many autogenous parts. Methods : Recently, the world is showing much interest for genetic resources, and the concept of intellectual property is rapidly expanding as the field of 'new knowledge property right' as well. Thus, the knowledge of medical treating with eating foods recently draws much attention in the economic aspect beyond the scholarly interest for traditional medicine. Here, I would like to summarize and report the contents related to medical treating with eating foods on "Yi, SeikKan experience prescriptions" which was discovered before. Results & Conclusions : First, medical treating with eating porridge on "Yi, SeikKan experience prescriptions" is classified into one with nonglutinous rice as the main ingredient and the other with other grains as the main ingredient. It is differently utilized depending on the nature of the grain. Second, medical treating with eating rice on "Yi, SeikKan experience prescriptions" was born from our nation's unique way of living and is classified into one way to eat rice mixed with ground medicinal herbs, another one to cook and eat rice with mixed grains and the other way to use as the external application. Medical treating with eating rice is assumed to replace the meal. Third, "food section" was given separately and discussed in this book. There were some parts different from existing medical knowledge due to the accumulation of experience using medicinal herbs. Fourth, we should pay attention to experience a book on medicine where vibrant medical information has been recorded in order to discover and process our traditional knowledge resources as a useful form.

• 대한기계학회논문집A
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• 제35권12호
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• pp.1563-1571
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• 2011

본 연구에서는 인간중이의 소리전달특성 계산을 위한 유한요소모델을 개발하였다. 이소골의 형상을 얻기 위하여 한국인 사체에서 추출한 측두골을 마이크로 CT 촬영하여 3 차원 입체모델로 변환하였다. 유한요소모델은 이소골, 고막, 인대와 근육 등을 포함하여 구성하였다. 유한요소모델을 이용하여 고막에서 등골족판까지의 응답함수를 계산한 후 측정값을 갖는 선행연구와 비교하였고 그 결과 10 kHz 주파수 대역까지 소리전달특성을 잘 표현하고 있음을 보였다. 또한 유한요소 모델을 구성하는 주요 물성인자의 변화에 대한 소리전달특성의 변화를 살피고 침등골관절의 강성값이 중이의 소리전달특성에 큰 영향을 미침을 보였다.

• 한국환경복원기술학회지
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• 제14권3호
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• pp.101-113
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• 2011

The purpose of this study are to develop a SDSS (Spatial Decision Support System) that can incorporate diverse opinions of stakeholders related the designation of protected areas (PA), and to employ the model for the readjustment of the boundary line of the Jirisan National Park of Korea. The SDSS would lead to more rational and less controversial decision-making during the expansion or removal of PA in Korea. Research methods are as follows. Firstly, to select evaluation criteria for SDSS for PA designation by using expert interview and literature survey. Secondly, to measure their preferences on the designation of additional PA or the removal of a part of PA based on the opinions of various stakeholders such as local residents, environmental groups, or public officials. Thirdly, to produce conservation priority maps based on a multi-criteria decision making technique. The SDSS would be used to rational decision making for the expansion of PA or the release of a certain part of PA by reflecting diverse preferences on biodiversity conservation and economic interest of residents. The visualization of conservation priority maps would also increase the efficiency of such decision making processes. The evaluation criteria for the expansion of PA for biodiversity conservation includes vegetation conservation value, wildlife conservation value, and the habitats of key species. The evaluation criteria for the removal of PA includes the proximity to roads and the boundary of PA, land use types, and conservation zoning of the PA. Preference weights are based on data collected from the Jirisan National Park. Both the conservation priority and removal priority maps are based on land parcels so that property rights of all parcels would be correctly represented.

• 한국의류학회지
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• 제35권2호
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• pp.192-205
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• 2011

This study analyzed the registration of patent and utility models by fashion firms in Korea. A total of 2,291 registration cases of IPC A41B-H from the period of 1996 to 2009 were collected by KIPRIS of the Korean Intellectual Property Organization (KIPO). All cases were analyzed by year to review the longitudinal trend and 481 cases of IPC A41B (shirts, underwear, baby linen, and handkerchiefs) and 1088 cases of IPC A41D (outerwear, protective garments, and accessories) were analyzed by content (provided benefit type and developing method), by detailed product items and the characteristics of the applicant. The results of this study were as follows: 1) Registration of IPC 41 increased steeply by the year (especially since 2006) and the patent registrations increased more than those in the utility model. 2) Analyzing the application content of A41B on the basis of benefit showed that 75% were to provide new functions and the rest were for health. In terms of the developing method, 83% of benefit provided by the application were by design development, 11.2% were by material, and the rest was by process, In the cases of IPC A41D, 23.6% were for safety and protection. In terms of the developing method, the process and material development were more frequently adopted than in the cases of A41B. 3) The major product types of A41B were socks, underwear, and infant wear, whereas gloves and parts of clothing were major items in A41D. 4) In terms of the characteristics of the applicant, registration by firms was greater for patents than for utility models and registration by foreigners increased in 2006 due to the complete opening of the retail market. 5) Fifteen universities registered for a total 57 cases and major applications were for IT related clothing or high-tech protective items.

• 한국철도학회:학술대회논문집
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• 한국철도학회 2008년도 춘계학술대회 논문집
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• pp.1479-1485
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• 2008

본 논문은 철도차량분야에 적용할 소프트웨어 Escrow의 상세 적용 절차에 대하여 논의하고자 한다. 철도차량 발주자는 차량의 소프트웨어 포함 장치에 대한 하자보증 기간(warranty period) 이후의 소프트웨어 변경 및 유지보수성 확보를 위하여 소스코드, 핵심적인 기술 원천정보 등을 요구하고 있다. 한편, 소프트웨어 개발 업체는 소스코드 등이 업체의 지적 재산권에 해당하는 사안이기 때문에 시행청의 요구사항을 만족하기 어려운 실정이다. 그러므로, 주 계약자인 철도차량 제작자는 소프트웨어 개발자와 사용자 간의 다른 입장을 조율하기 위하여, 소프트웨어 Escrow 서비스 제도를 도입해야 할 필요성이 있다. 소프트웨어 Escrow는 소프트웨어 Escrow 패키지(소프트웨어 소스코드, 소프트웨어 개발 툴, 빌드 프로세스, 독점권을 가진 정보, 저작권 등)의 거래 시, Escrow 계약 문서에 대한 서명을 통한 Escrow 계약 조건을 상호 합의한 후 신뢰성 있는 제3의 기관에 관련 기술 자료 등을 예치해 두는 양자 간 상생협력을 위한 제도이다. 본 논문에서는 다음의 Escrow 진행 절차에 대한 상세 내역을 연구하고, 향후 프로젝트 적용 방안을 제안하고자 한다.

• 무역상무연구
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• 제61권
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• pp.29-55
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• 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.