• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.197-223
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• 2006

Uniform Computer Information Transactions Act (UCITA) is the first legislative attempt in the world that deals with transaction of digital information. This however gave rise to endless controversies and as of February 10, 2003, its life as the uniform law has expired. There are four kinds of relationships that UCITA regulates for the entities involved in information trading namely, 1) Relationship between licenser and licensee 2) The triangle relationship between dealers, end-user and publisher 3) Relationship between information right transferor and transferee 4) Relationship between financier, licenser and licensee. Amongst these, the most significant one is the triangle relationship amongst the publisher, commonly known as the licenser in the mass market, end-user and dealer. At the essence of the relationship is that the dealers is liable to refund the payment for the information regarding the end user if he/she does not agree with the publisher on the license of the common market. Looking at the relationship between license transferor and transferee, the transfer of license may be prohibited but the special contract must be conspicuously carried out. The relationship financier, licenser and licensee is unique to the United States and is rather unfamiliar to us. UCITA has been criticized for preferentially protecting the benefits of licensers especially when it comes to the specific regulations for the relationship. Therefore, it is not advisable to blindly accept UCITA regulations. However, UCITA does have components that we can utilize in formulating our own digital information trade regulations, save its proprietary nature as an American law and its preferential treatment for licensers.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.845-848
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• 2005

Technology transfer (TT) has been defined as the shared responsibility between the source and the destination for ensuring that technology is accepted and at least understood by someone with the knowledge and resources to apply and/or use the technology. The adoption of TT in construction industries is necessary for economic growth to occur in developing countries such as Thailand. This process should provide numerous benefits for the host sector in areas such as increased productivity, enhancement of product quality, cost savings, improvements in market share and entry to new markets. However, there are many factors, which may impact on the TT process and its subsequent outcomes for Thai construction firms and individuals, including, the transfer environment, learning environment, transferor characteristics and transferee characteristics. The performance and interaction of these enablers will influence the degree of value added to the local construction sectors in areas such as economic advancement, knowledge advancement and project performance. This paper presents a conceptual framework for international TT that accommodates the numerous factors believed to impact on the processes effectiveness. Through a Pilot Study, where 27 industry professionals from Thailand were interviewed, the significant factors which impact on the TT process have been identified along with the strength of interrelationship between individual and groups of factors. Future research seeks to target a greater sample of respondents with the view to validate the conceptual model and apply it on a number of large Thai projects where international TT was incorporated into the project agreement.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.297-336
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• 2009

In modern industrial society carriage of dangerous goods by sea becomes more increasing than ever before. Dangerous goods are required for special care and handling in that shipment of dangerous goods could affect safety of the vessel and other cargoes. It is also true that dangerous goods could be used as a means of terrorism. his article investigates allocation of risk and liabilities between parties involved in the carriage of dangerous goods by sea. More specifically, this study examines principles of strict liability of the shipper in shipment of dangerous goods with some limitations based upon recent cases. Furthermore this article investigates the issues on identity of shipper who bears strict liability to the carrier where there exist actual or documentary shipper other than the contractual shipper. Lastly, whether it is reasonable that the transfer of strict liability to the transferee, who does not have opportunity to verify dangerous nature of the goods before shipment, by endorsing bills of lading will be discussed critically.

• Asia Pacific Journal of Business Review
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• v.3 no.1
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• pp.1-17
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• 2018

South Korea has had a rich history of independent thinking and self-reliance since the Korean Conflict. The war left the country the need for infrastructures in a variety of fields. Instead of relying on aid from foreign nations, however, key figures within South Korea's borders fathered the nation's first government-funded scientific and engineering institute, the Korea Institute of Science & Technology (KIST). Even though KIST encountered numerous obstacles, its commitment to research and development (R&D) would ultimately allow it play a crucial role in the rebuilding of the country. As a result of the institute's success, South Korea was able to move forward economically to become a beacon of hope for developing nations around the world.

• Journal of Technology Innovation
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• v.18 no.2
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• pp.221-252
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• 2010

This study presents a concept of technology trade network and management, and proposes a procedural method for optimally selecting the technology transferor when a technology transferee needs to buy a specific technology. We develop a technology trade network where technology supplier, technology marketer, and technology transferee are informatively linked. And a technology trade management consists of three step of estimating technology, trading technology, and commercialization technology. Technology transferees could import the best appropriate technology which they want through these technology network method and cost optimization method. And we hope that these methodologies can be used in selecting new technology. A methodology can be classified into an estimating technology process and a choice of technology supplier process. In an estimating technology process, we calculate the technology similarity quantitatively through developing method of estimating technology which is focused on its technological characteristics. After defining the related cost of technology introduction, we suggest goal programming model to find a solution which can be acceptable both maximizing the technology similarity and minimizing the cost of technology. And suggested model is verified with a supplier selection problem of next generation tanks.

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

• Journal of Korean Institute of Industrial Engineers
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• v.28 no.2
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• pp.201-215
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• 2002

In this paper, we use a structural equation model to diagnose success factors on commercialization of information and communication technology considering the characteristics of commercialization process in terms of the type of technology, technology provider and technology receiver. The results of our study indicated the following. The transferor's research ability has significant effects on the commercialization by small businesses with low R&D expenditure to sales ratio, and the business management ability plays an important role in the commercialization by the relatively large (over 100 employees) companies with low R&D expenditure ratio. During the commercialization of the technology independently researched by government run institute or university, the transferee's business management ability is crucial to success. To those companies which run the existing business with high R&D expenditure ratio, their ability to utilize technology is essential. When the independently researched technology is used in the new business, the companies' business management ability and the role of technology transfer center are the important factors on the commercialization. Based on these findings, we suggest some strategies to effectively promote R&D efforts for successful commercialization.

• Journal of Biomedical Engineering Research
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• v.14 no.4
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• pp.327-332
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• 1993

Automatic transmission of data from the blood analyzer to the request site is one of the most important part in hospital computerization. We have developed a system that transmits data from the arterial blood gas analyzer to the request site automatically In this system HOST computer, FILE server,'LAN(Local Area Network) , 3270 Emulator and bfulti-port card are integrated with 3 blood gas analyzers(NOVA Inc., USA) which are connected to a single multi-port card in a personal computer. When specimen are collected from tramp)inly sites, they are transferee to the laboratory In the Yonsei Cardiovascular Center After analysis, the result is transmitted to the personal computer via serial commnunication between machine and multi-port card using interrupt method. Then, the patient's information (Name, Patient ID No., etc.) is obtained from the HOST computer througth the emulator. The combined data (patient information & lab data) is transmitted to each request site via LAN automatically These results are stored in the File Server for one year and they can be reviewed anytime. Also, it could be used for the various statistics and the flow chart for clinical research. Additionally, we found thal this system reduces the personal labor.

• International Commerce and Information Review
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• v.7 no.1
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• pp.171-194
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• 2005

The CMI Rules for Electronic Bills of Lading were drafted by the Comite Maritime International(CMI) and related specifically to EDI transfers of negotiable bills of lading. The CMI Rules are contractual in nature and the application of the CMI Rules is strictly voluntary. The method adopted in the CMI Rules to enable negotiation of the rights to cargo in a controlled method is based on the introduction of the ‘Private Key’. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. In Japan, through TEDI Project, the RSP Model is introduced as e-trade solution like Bolero's Solution. The RSP Model Solution will be furnished through TC(Trade Chain) Server and RSP(Repository Service Provider) Server. The purpose of this paper is to analyze comparatively the CMI Rules and Bolero Bill of Lading and RSP Model of TEDI and to find the implications in this case study for quick introduction of electronic Bill of Lading.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.177-218
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• 2000

Global Electronic Trading means that trading partners trade each other via Global Electronic Trading Network, that is, global business to business electronic commerce. Recently, where the cargo arrives ahead of the B/L, the importer cannot take delivery of the cargo without the B/L. This situation is referred to as the B/L dilemma. But the BOLERO system will resolve this B/L dilemma. Bolero Project is developing a cross industry utility platform for the secure, electronic transfer of commercial trade information world wide. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. Bolero International Limited published the first edition of Bolero Rulebook in 1999. The Bolero Rulebook as amended from time to time, governing the relationship between Users and their rights and obligations arising from the Bolero system. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. Thus, this study deals with the functions of Bolero Bill of Lading and the problems and solutions in the Bolero Bill of Lading in point of definitions and operation under the Bolero Rulebook.