• 제목/요약/키워드: PROPERTY RIGHT

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국제라이선스계약상 경쟁제한조항에 관한 연구 (A Study on Competition Limitation Clause of International License Contract)

  • 오원석;정희진;김종권
    • 무역상무연구
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    • 제64권
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    • pp.39-64
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    • 2014
  • The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

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해양건축물의 재산권 공시제도 정비방안 연구 (A Study on Public Announcement System for Property Right of Marine Architectural Building)

  • 이한석;송화철;정대
    • 한국항해항만학회지
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    • 제32권3호
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    • pp.257-264
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    • 2008
  • 이 연구는 수상에 건설되는 해양건축물의 재산권 공시제도의 문제점을 파악하고 개선안을 제시하기 위한 연구이다. 먼저 해양건축물을 둘러싼 현황을 파악하고 미래를 전망하며 다음으로 해양건축물의 개념과 관련된 법제도를 검토한다. 해양건축물의 재산권 공시제도와 관련하여 현황과 문제점을 파악하며 각종 물건의 공시제도를 검토한다. 마지막으로 해양건축물의 재산권 공시제도 정비방안을 제시한다. 연구 결론으로서 해양건축물 공시제도는 고정식과 부유식 구조물로 나누어 적합한 공시제도를 제안한다. 고정식 구조물은 현행 건축법을 보완 수정하여 부동산등기제도를 활용하며 부유식 구조물은 새로운 법을 제정하여 등록원부와 같은 공적장부를 통한 등록제도를 도입하는 것이 필요하다. 해양건축물이 활성화되고 이를 기반으로 해양산업이 발달하기 위해서는 해양건축물에 관한 소유권 취득과 담보물권 설정 등 재산권 행사를 용이하게 하기 위해 해양건축물의 재산권 공시제도가 속히 마련되어야 한다.

INJECTIVE PROPERTY RELATIVE TO NONSINGULAR EXACT SEQUENCES

  • Arabi-Kakavand, Marzieh;Asgari, Shadi;Tolooei, Yaser
    • 대한수학회보
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    • 제54권2호
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    • pp.559-571
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    • 2017
  • We investigate modules M having the injective property relative to nonsingular modules. Such modules are called "$\mathcal{N}$-injective modules". It is shown that M is an $\mathcal{N}$-injective R-module if and only if the annihilator of $Z_2(R_R)$ in M is equal to the annihilator of $Z_2(R_R)$ in E(M). Every $\mathcal{N}$-injective R-module is injective precisely when R is a right nonsingular ring. We prove that the endomorphism ring of an $\mathcal{N}$-injective module has a von Neumann regular factor ring. Every (finitely generated, cyclic, free) R-module is $\mathcal{N}$-injective, if and only if $R^{(\mathbb{N})}$ is $\mathcal{N}$-injective, if and only if R is right t-semisimple. The $\mathcal{N}$-injective property is characterized for right extending rings, semilocal rings and rings of finite reduced rank. Using the $\mathcal{N}$-injective property, we determine the rings whose all nonsingular cyclic modules are injective.

Identifying Effective Dispute Resolution Mechanisms for Intellectual Property Disputes in the International Context

  • Lee, Ju-Yeon
    • 한국중재학회지:중재연구
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    • 제25권3호
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    • pp.155-184
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    • 2015
  • This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

의약분업 정책변동의 신제도론적 분석 : 합리적 선택 신제도주의를 중심으로 (The Research for the New Institutional Analysis in Change of the Separation of the Dispensing of Drugs : On the focus of Rational Choice Institutionalism)

  • 박민정
    • 보건행정학회지
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    • 제17권4호
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    • pp.1-30
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    • 2007
  • This study aims to analyze the policy change which is caused by conflicts between interest groups when the Separation of the Prescribing from the Dispensing of Drugs (SPDD) was enforced. With the theory of New Institutionalism, the reason why the policy was to be changed can be explained by the concept of property right and transaction cost. As the government did not consider the change of property right and transaction cost between actors before introducing new institution, it was hard to adapt the SPDD. Though, under the established institution, the institutional change can cause the alteration in property right and transaction cost, government just focused on the new institution's execution. Therefore, the group which suffers the loss could not accommodate to the change of institution. For this reason, the adaptation of SPDD also caused huge conflicts between doctors and pharmacists. Then, this research shows that the reason why they conflict to the some issues in the content of PSPDD and why the issues was changed with the property right and transaction cost.

A KIND OF NORMALITY RELATED TO REGULAR ELEMENTS

  • Huang, Juan;Piao, Zhelin
    • 호남수학학술지
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    • 제42권1호
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    • pp.93-103
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    • 2020
  • This article concerns a property of Abelain π-regular rings. A ring R shall be called right quasi-DR if for every a ∈ R there exists n ≥ 1 such that C(R)an ⊆ aR, where C(R) means the monoid of regular elements in R. The relations between the right quasi-DR property and near ring theoretic properties are investigated. We next show that the class of right quasi-DR rings is quite large.

Finitely Generated Modules over Semilocal Rings and Characterizations of (Semi-)Perfect Rings

  • Chang, Chae-Hoon
    • Kyungpook Mathematical Journal
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    • 제48권1호
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    • pp.143-154
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    • 2008
  • Lomp [9] has studied finitely generated projective modules over semilocal rings. He obtained the following: finitely generated projective modules over semilocal rings are semilocal. We shall give necessary and sufficient conditions for finitely generated modules to be semilocal modules. By using a lifting property, we also give characterizations of right perfect (semiperfect) rings. Our main results can be summarized as follows: (1) Let M be a finitely generated module. Then M has finite hollow dimension if and only if M is weakly supplemented if and only if M is semilocal. (2) A ring R is right perfect if and only if every flat right R-module is lifting and every right R-module has a flat cover if and only if every quasi-projective right R-module is lifting. (3) A ring R is semiperfect if and only if every finitely generated flat right R-module is lifting if and only if RR satisfies the lifting property for simple factor modules.

ANNIHILATING PROPERTY OF ZERO-DIVISORS

  • Jung, Da Woon;Lee, Chang Ik;Lee, Yang;Nam, Sang Bok;Ryu, Sung Ju;Sung, Hyo Jin;Yun, Sang Jo
    • 대한수학회논문집
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    • 제36권1호
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    • pp.27-39
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    • 2021
  • We discuss the condition that every nonzero right annihilator of an element contains a nonzero ideal, as a generalization of the insertion-of-factors-property. A ring with such condition is called right AP. We prove that a ring R is right AP if and only if Dn(R) is right AP for every n ≥ 2, where Dn(R) is the ring of n by n upper triangular matrices over R whose diagonals are equal. Properties of right AP rings are investigated in relation to nilradicals, prime factor rings and minimal order.

STRUCTURES CONCERNING GROUP OF UNITS

  • Chung, Young Woo;Lee, Yang
    • 대한수학회지
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    • 제54권1호
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    • pp.177-191
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    • 2017
  • In this note we consider the right unit-duo ring property on the powers of elements, and introduce the concept of weakly right unit-duo ring. We investigate first the properties of weakly right unit-duo rings which are useful to the study of related studies. We observe next various kinds of relations and examples of weakly right unit-duo rings which do roles in ring theory.

A STRUCTURE OF NONCENTRAL IDEMPOTENTS

  • Cho, Eun-Kyung;Kwak, Tai Keun;Lee, Yang;Piao, Zhelin;Seo, Yeon Sook
    • 대한수학회보
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    • 제55권1호
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    • pp.25-40
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    • 2018
  • We focus on the structure of the set of noncentral idempotents whose role is similar to one of central idempotents. We introduce the concept of quasi-Abelian rings which unit-regular rings satisfy. We first observe that the class of quasi-Abelian rings is seated between Abelian and direct finiteness. It is proved that a regular ring is directly finite if and only if it is quasi-Abelian. It is also shown that quasi-Abelian property is not left-right symmetric, but left-right symmetric when a given ring has an involution. Quasi-Abelian property is shown to do not pass to polynomial rings, comparing with Abelian property passing to polynomial rings.