• Title/Summary/Keyword: negotiation system

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A Study on the Harmonization of a Mediation System through a FTA among China, Japan, and Korea - Focused on the Patent Mediation - (한중일 3국의 중재제도의 조화를 위한 소고 - 특허권 중재를 중심으로 -)

  • Lee, Heon-Hui
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.153-175
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    • 2013
  • The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

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National Roles of Fisheries: Political-Economic Meaning and Interpretation of the Constitution (수산업에 대한 국가 역할: 헌법의 정치경제학적 의미와 해석)

  • Park, Seong-Kwae
    • Journal of Fisheries and Marine Sciences Education
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    • v.18 no.3
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    • pp.244-260
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    • 2006
  • The main objective of this study aims at analyzing the national roles of fisheries in the global economy from the constitutional view point. Globalization provides general firms and businessmen with great opportunities that allow them to be able to plan and operate their business strategies beyond the national boundaries. WTO and FTA negotiations must be important facilitators of such globalization. However, Korean primary industries like fisheries under comparative disadvantage have a high probability that there may have to be the trade-offs between the primary and the industrial sector to maximize national benefits in the process of bilateral and/or multilateral international trade deals. Since, moreover, fishermen face strong binding constraints under which they hardly carry out fishing operations standing aloof from national boarders, they have to manage fishing businesses within their own national territory, to maintain and develop fisheries culture, and to explore their own destiny for themselves. Because of such reasons, the constitution imposes upon the State the duty to support and develop fisheries and fishing villages. Considering its article and spirit associated with fisheries(i.e. article 123), it seems unnecessary at this point in time that Korean society makes debates over national consensus for supporting fisheries. The reason is because the explicit provisions of the constitution do not allow their arbitrary interpretation depending upon interests or policy situations. However, where national support to the particular sector could not meet the expected social value system, there would be a great deal of chance to invite serious societal debates over such national commitment to the fisheries. Therefore, whether using it efficiently and realizing the socially expected policy goals must be a responsibility of both fisheries administration and fishing industries.

Design of Protocol for Collaborative Multimedia Applications (협동적 멀티미디어 응용을 위한 프로토콜의 설계)

  • Hwang, Een-Jun
    • Journal of KIISE:Computing Practices and Letters
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    • v.8 no.1
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    • pp.25-35
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    • 2002
  • Many multimedia presentation applications involve retrieval of objects from more than one collaborating server. Presentations of objects from different collaborating servers might be interdependent. This implies that objects should be retrieved from remote servers and delivered continuously according to given time constraints. Such applications need an estimate of the avaliable network resources to each of the collaborating servers and local system resources in order to identify a schedule for retrieving the objects composing the presentation. A collaborating server can suggest modifications of the retrieval schedule depending on its load. these modifications can potentially affect the retrieval schedule for other collaborating applications. Hence, a sequence of negotiations has to be carried out with the collaborating servers in order to commit for a retrieval schedule of the objects composing the presentation. In this paper, we propose an application sub-layer protocol, RLCP(Resource Lock Commit Protocol), for handling the negotiation and commitment of the resources required for a collaborative multimedia presentation and apply it to distributed video presentation application.

A Cost Estimation Technique using the PRICE S Model for Embedded Software in Weapon Systems (PRICE S 모델을 이용한 무기체계 내장형 소프트웨어 비용 추정 기법)

  • Shin, Eon-Hee;Kang, Sung-Jin
    • The KIPS Transactions:PartD
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    • v.13D no.5 s.108
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    • pp.717-724
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    • 2006
  • The cost estimation of software is getting more important as the portion of software is increasing in acquiring weapon systems. However, the cost estimation of embedded software in a weapon system follows the cost estimation method for general purpose softwares and uses the PRICE S model as a tool. However, any validation result of the estimated cost through an evaluated software size is not well known. Hence, we propose an approach to estimate the cost through evaluating the embedded software site in weapon systems. In order to achieve our research goal, we evaluate the software size of using the line of codes and function points which are produced by the PRICE S model. Finally, we compare the estimated cost data the actual cost data provided by the production company. As a result, we propose an approach to estimate the size and the cost of embedded software in weapon systems which are not easy to estimate objectively. We also expect that the Proposed approach is used for the cost validation and negotiation in the acquisition of weapon systems in the future.

Development of Automated Trading Agent in Real-Time Supply Chain Environment (실시간 공급사슬 환경하에서의 거래자동화 에이전트 개발)

  • Park, Young-Jae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.11 no.11
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    • pp.4282-4290
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    • 2010
  • Recently, business environment is spreading from singular business to supply-chain problem. SCM(Supply Chain Management) is changing from closed and static to opened and dynamic environment, so these environment changes of SCM require to enterprise different approach than past. As supply chain is becoming opened and dynamic, a claim is being naming that converse of real-time the get reaction from to recognizing the level of supply chain problem, grope of alternative plan to solving this problem and choosing optimum alternative plan raise the enterprise competitive. But until present, the research to deal with these changes of SCM is on insufficient situation. Thus in this paper proposes the agent system by a way of realizing dynamic supply chain. The agent is going to accomplish the management activities in real-time depends on environment and given condition and designed for solving problems development and maintenance. Also, algorithms performance of the agent is tested on TAC SCM environment. Agents in TAC SCM are simulations of small manufacturers, who must compete with each other for both supplies and customers, and manage inventories and production facilities.

A Comparative Study on Dispute Settlement Mechanism between The Korea - US FTA and The WTO (한미 FTA 및 WTO 분쟁해결제도 비교고찰)

  • Kim, In-Gu
    • International Area Studies Review
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    • v.13 no.2
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    • pp.618-642
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    • 2009
  • Currently the nations which join the WTO shall observe understanding on rules and procedures governing the settlement of disputes in WTO agreement. In addition this agreement provides it will be able to apply dispute settlement mechanism of the WTO. Korea and the United States are accomplishing an important role as the core members of the WTO. Regardless of this, The Korea - US FTA is providing a separate dispute settlement system. This paper pursues a comparative analysis concerning rules and procedures of dispute settlement between The Korea - US FTA and the WTO, and furthermore derives problems from the viewpoint of effectiveness, and suggests alternatives and implications in view of trade policy. I hope this study contributes to setting-up and development of national trade policy and is applied to FTA negotiation hereafter.

Prototype Design and Security Association Mechanism for Policy-based on Security Management Model (정책기반 보안관리 모델을 위한 프로토타입과 정책 협상 메커니즘)

  • 황윤철;현정식;이상호
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.13 no.1
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    • pp.131-138
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    • 2003
  • With the Internet winning a huge popularity, there rise urgent problems which are related to Network Security Managements such as Protecting Network and Communication from un-authorized user. Accordingly, Using Security equipments have been common lately such as Intrusion Detection Systems, Firewalls and VPNs. Those systems. however, operate in individual system which are independent to me another. Their usage are so limited according to their vendors that they can not provide a corporate Security Solution. In this paper, we present a Hierarchical Security Management Model which can be applicable to a Network Security Policies consistently. We also propose a Policy Negotiation Mechanism and a Prototype which help us to manage Security Policies and Negotiations easier. The results of this research also can be one of the useful guides to developing a Security Policy Server or Security Techniques which can be useful in different environments. This study also shows that it is also possible to improve a Security Characteristics as a whole network and also to support Policy Associations among hosts using our mechanisms.

Assessments of Negotiation Options Regarding Post-2012 Rules for Land Use, Land-Use Change and Forestry (LULUCF) -With a Focus on the Forest Management Activities under the Kyoto Protocol - (Post-2012 LULUCF 협상 대안 평가 -산림경영 활동을 중심으로 -)

  • Bae, Jae-Soo
    • Journal of Korean Society of Forest Science
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    • v.98 no.1
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    • pp.55-65
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    • 2009
  • Annex I parties continued its consideration of how to address, the definitions, modalities, rules and guidelines for the treatment of Land Use, Land-use Change and Forestry (LULUCF) in the second commitment period of the Kyoto Protocol by the year of 2009. In the AWG-KP conference held in Accra, Ghana in 2008, four alternatives (gross-net carbon accounting, net-net with base year or base period accounting, net-net with forward looking baseline accounting, and land-based accounting method) for negotiations were decided in order to revise gross-net accounting method applied during the first commitment period of the Kyoto Protocol. In this study, alternative scenarios are set in consideration with reporting system (voluntary or compulsory), discount factors and cap about these three alternatives except for the method of net-net with forward looking baseline accounting, and then estimates the Removal Unit (RMU) among the countries. In the case that article 3.4 activities under the Kyoto Protocol revises from voluntary reporting to mandatory reporting, it is estimated that the loss of RMU would be huge in Russia, Australia, New Zealand, as well as Canada potentially. Net-net with base year or base period carbon accounting and land-based carbon accounting method have big difference of RMU in accordance with the base year or the base period. So the more unfavorable the country with a lot of old-age forests was, the closer the base year or period comes to the commitment period in the context of RMU. If it is getting lowered for the current rate of 85% in discount factors, RMU is getting higher to the whole countries. Therefore in Korea with little potential for afforestation and reforestation, there was the most sensitive response to the change of discount factors. Post-2012 LULUCF hereafter, it is strongly expected for the succession of current carbon accounting system which is voluntary reporting of gross-net carbon accounting and the activity for article 3.4. Other carbon accounting method is hard to accept in aspect that there is big differentiated interests among the countries and it is required enormous cost and time to develop reliable method. Provide for Post-2012 mandatory greenhouse gas reduction, Korea needs to have a competitive negotiation strategies differentiated from Annex I countries. The most reliable alternative would be to lower the discounting factors about the activities for forest management.

The Effect of Salesperson Control System on Customer-oriented Selling Behaviors and Sales Performance in Pharmaceutical Distribution Channel (제약유통채널에서 영업사원에 대한 통제시스템이 고객지향적 판매와 영업성과에 미치는 영향)

  • Jung, Yeon-Sung;Hong, Geum-Pyo;Yi, Ho-Taek
    • Journal of Distribution Science
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    • v.15 no.1
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    • pp.105-114
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    • 2017
  • Purpose - Recently, domestic pharmaceutical market is growing steadily, but top-tier companies are concentrating on sales growth. In this market, SMEs, which account for more than 80% of the entire market, suffer from the problem of lower margins and increasing inventory costs. According to the government's policy changes related to pharmaceuticals, it is pointed out that the management of existing customers and the control of salespeople are important issues for pharmaceutical companies. This study investigates the effect of the control system on the salesperson in domestic pharmaceutical distribution channel on customer-oriented selling behaviors and sales performance. Research design, data, and methodology - To verify the proposed research model and test hypotheses, the authors selected 244 MR(medical representatives)'s responses which have currently relationship with doctors or pharmacists. This study carefully investigated the reliability, content validity, convergent validity, and discriminant validity of the proposed model. Results - The authors find out the following results: capacity control, activity control, and self control have positive effects on customer-oriented selling behaviors and customer-oriented selling behaviors have a positive effect on sales performance. In addition, we present alternative model to check the direct effect between the control systems and the sales performance, but control system factors except self control have no direct influence. Conclusions - First of all, competency control and activity control increases the customer-oriented selling behavior of the salesperson. This means that the salesperson's sales skill, negotiation skill, customer access skill, presentation ability, monitoring, direction and evaluation are important and it is also important to control activities to check the number of visits to customers, report preparation, and customer service etiquette. Second, the fact that self-control of salesperson affects the customer-oriented selling behavior suggests that self-control is not controlled by external factors but rather establishes short/long-term goals. Therefore, it is important for sales organization to create an environment in which members can induce persistent incentives for self-control. Finally, output control did not affect customer-oriented sales behavior, which is less likely to form confidence or motivation to MRs when output control is perceived as a means of monitoring, supervising, or controlling rather than providing information to salespeople.

Developing a technology valuation model and a web-based technology valuation system for promoting the technology transfer (기술이전거래 촉진을 위한 기술가치평가모형 및 웹기반 기술가치평가시스템 개발)

  • Baek, Dong-Hyun;Yoo, Sun-Hi;Jung, Hye-Sun;Sul, Won-Sik;Hong, Kil-Pyo;Kim, Hun
    • Information Systems Review
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    • v.6 no.1
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    • pp.123-139
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    • 2004
  • It is needed to transfer the technology actively which has already developed to improve a up-to-date technology and foster the technological innovation. The technology transfer also can bring about a commercial success. To promote the technology transfer, it is needed to develop a new technology valuation model for a specific technology from a objective point of view, as well as to equip an institution such as the technology transfer center. The technology valuation from a objective point of view is of importance as the basic information for the price negotiation between a technology-buyer and a technology-seller. This paper takes aim at investigating a new technology valuation model and developing a technology valuation system for promoting the technology transfer. A new technology valuation system is developed as a Web-enabling base. Using this users are able to estimate the value of a specific technology on a real time efficiently.