• Title/Summary/Keyword: The Transfer of Property

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A Study on the Seller's Liability regarding Property in Goods on the International Sale of Goods

  • Oh, Won-Suk;Min, Joo-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.52
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    • pp.3-22
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    • 2011
  • This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

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The Influence of External Environmental Factors on Technology Transfer between Foreign MNCs and Local Subsidiaries: Based on SCP Paradigm (해외자회사 환경요인이 국제기술이전 및 혁신성과에 미치는 영향 : S-C-P 패러다임 관점에서)

  • Jeong, Jaehwi
    • Knowledge Management Research
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    • v.20 no.1
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    • pp.231-249
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    • 2019
  • Technology transfer from a multinational company to a local subsidiary is essential for successful local market operations. This study aims to analyze the impact of market, cultural and institutional environmental factors on international technology transfer and innovation performance based on the S-C-P paradigm. We collected data from one hundred ninety-five subsidiaries of Korean parent firms located in seventeen countries and used structural equation modeling to test hypotheses. The analysis findings are as follow; First, both market and cultural environment directly affect international technology transfer. However, institutional environment such as protection of intellectual property does not affect international technology transfer. Due to the less risk of technology disclosure involved in technology transfer within the MNE organization can be not relationship between protection of intellectual property in the host country and the foreign subsidiary's transfer of technology. The risk of infringement of intellectual property is relatively low in intra-firm transfer of technology. Second, the technology introduced from the parent company has a positive effect on the innovation performance of local subsidiaries. This implies that multinational companies that have entered unfamiliar overseas markets should be able to effectively transfer the inherent advantages of the parent company to their overseas subsidiaries, and that their ability to adapt to the local environment is important.

A Basic Study on Urban Radiation Heat Transfer (도시의 방사전열에 관한 기초 연구)

  • Kim, C.M.
    • Journal of the Korean Solar Energy Society
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    • v.22 no.4
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    • pp.35-43
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    • 2002
  • This research makes that quantitative radiation property of an actual town ward is obtained in quest of the parameter with regard to a radiation heat transfer property and set up several town ward models that reproduced a solid form of a city along the attribute of the city. A regular trend possibility that is able to evaluate a radiation characteristics of a town ward quantitatively from a town ward guideline and confirmation that is produced about each parameter as a result of a numerical value simulation it obtained. This research shot a coefficient of Gebhart's emission absorption. sky radiation absorption rate direct solar radiation absorption rate the parameter with regard to a radiation heat transfer characteristics of a town ward in each town ward model and a volume rate of a town ward advances case study under regular such condition and shot the absorption rate, direct and others days and calculated an absorption rate and checked about the relation between a town ward and each radiation heat transfer property of a city.

A Study on the Time of Passing of Property in the International Sale of Goods (국제물품매매계약상 운송물품의 소유권이전시기에 관한 연구)

  • Chung, Jae-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.3-31
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    • 2010
  • The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

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Unfair Contractual Clauses for the Transfer of Technology (국제기술이전계약상(國際技術移轉契約上)의 부공정조항(不公正條項)에 관한 연구(硏究))

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.107-132
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    • 1999
  • The technology transfer agreements, which transfer technology from industrialized countries to developing countries, are subjected to control and restrictions in many developing countries in order to protect national interests. The licensors endeavour, therefore, to ensure that their activities fit satisfactorily into the technological policies and plans of the host countries, and contribute to the development of national scientific and technological potential, including the establishment and improvement in host countries of their capacity to innovate. Secondly, the licensors adopt in the course of their business activities practices which permit the rapid diffusion of technologies with due regard to the protection of industrial and intellectual property rights. Thirdly, the licensors endeavour to grant licenses for the use of industrial property rights or to otherwise transfer technology on reasonable terms and conditions.

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Desirable Legal Structure and Policy for the Promotion of Technology Transfer of Inventions at the Universities (대학연구성과의 기술이전 촉진을 위한 입법.정책적 개선방안)

  • 정상기
    • Journal of Korea Technology Innovation Society
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    • v.2 no.1
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    • pp.90-103
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    • 1999
  • This article is dedicated to present a cornerstone for a desirable legal structure in the area of the administration and utilization of the intellectual property rights of the university research results sponsored by the government, and, in the long run, contribute to the industrial development of our country. In order to achieve that purpose, this article reviews basic theories and current status of the intellectual property regime for the research results sponsored by the government, and presents some suggestions for a desirable legal institution, in particular, including that 'Intellectual Property Rights Administration Center', should be established, an exclusive institution for the systematic administration of the follow-ups of the research results with speciality.

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Development of a New Correlation for the Heat Transfer Coefficient of Turbulent Supercritical Carbon Dioxide Flow (초임계 상태 이산화탄소 난류유동의 새로운 열전달계수 상관식 개발)

  • 임홍영;최영돈;김용찬;김민수
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.15 no.4
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    • pp.274-286
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    • 2003
  • Numerical simulations are performed to investigate the turbulent convective heat transfer of the supercritical carbon dioxide flows in vertical and horizontal square ducts. The gas cooling process at the supercritical state experiences a sudden change in thermodynamic and transport properties. This results in the extraordinary variations of the heat transfer coefficients in the supercritical state, which are much different from those of single or two phase flows. Algebraic second moment closure which can include the effects of large thermophysical property variations of carbon dioxide and of buoyancy is employed to model the Reynolds stresses and turbulent heat fluxes in the governing equations. The previous correlations for the turbulent heat transfer coefficient for the supercritical carbon dioxide flows couldn't reflect the buoyancy effect. The present results are used to establish a new heat transfer coefficient correlation including the effects of large thermophysical property variation and buoyancy on in-duct cooling process of supercritical carbon dioxide.

Technology Transfer and the Technomart Related Laws (데크노마트와 지원법 제도)

  • 이영덕;강병수
    • Journal of Korea Technology Innovation Society
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    • v.2 no.2
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    • pp.233-248
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    • 1999
  • For the last several decades, it has been recognized that technology is a key factor in becoming an ADC and an advanced firm. So many countries and individual firms have been increasing investments on technology development. Especially LDCs including Korea choose technology transfer and transaction as an important alternative of their own technology development. To activate technology transaction and transfer, it is necessary to establish an technology transaction system, namely a Technomart that will make good connections between technology suppliers and technology buyers, and efficient functional linkages of supporting infrastructures including organizations and laws related with technology transactions. Therefore this study reviewed both the characteristics of technology transfer and transaction and a conceptual structure of a Technomart through a literature review. And then, the study analyzed the Technomart related laws including an intellectual property right, a copyright, a patent right, and electric transaction related laws. In conclusion the study proposed the development directions of the Technomart related laws.

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Preparation of Acryl Binder with Silane Type Chain Transfer Agent (실란계 사슬 이동제를 사용한 아크릴 바인더의 제조)

  • Kim, Jin-Gon;Shin, Min-Jae;Shin, Jae-Sup
    • Polymer(Korea)
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    • v.36 no.3
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    • pp.351-356
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    • 2012
  • Acryl binder is a representative organic additive for the manufacture of the display electronic equipment. Acryl binder is usually synthesized by radical copolymerization. Glycidyl methacrylate (GMA), methyl methacrylate (MMA), and methacrylic acid (MAA) were used in this copolymerization of acryl binder. In this study the silane type mercaptane compound was used as a chain transfer agent (CTA) to enhance the adhesion property of the acrylic binder. The CTA used in this experiment was (3-mercaptopropyl) trimethoxysilane (MPTMS). Molecular weight of the copolymer, thickness of the coating, transmittance, and adhesion property were measured. The molecular weight was controlled and the adhesion property was improved by using this silane type chain transfer agent.

Study on Electrochemical Sensing Property of Harbor Pollutants using Viologen Derivative (Viologen 유도체를 이용한 항만오염물질의 전기화학적 센싱 특성 연구)

  • Park, Sang-Hyun;Lee, Dong-Yun;Kwon, Young-Soo
    • Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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    • 2008.04c
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    • pp.119-120
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    • 2008
  • In this paper, viologen derivative is used as charge transfer material to develop sensors for detecting the organic pollutants which are the main reason of harbor pollution. We fabricated self-assembled monolayers of viologen derivative on gold electrode of QCM and investigated an electrochemical behavior property. We also determined electrochemical sensing property about environmental pollution materials such as bezene, phosphate and surfactant through quantitative and qualitative analysis of charge transfer using intrinsic property of viologen derivative by temperature and concentration change. From the achieved results, we can apply and develope the detecting sensors for harbor pollutants.

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