• Journal of the Korean Society for information Management
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• v.21 no.1
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• pp.1-22
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• 2004

Along with the increased use of e-journal since mid of 1990's, there has been a sharp increase of license contracting in the library. However the librarians who have no enough knowledge nor technology to handle the licensing are experiencing difficulties in the process. The study intended to help them understand the practical problems of license contracting between library and vendors, and proposed guidelines for developing model license for e-journal based on the licensing principles of IFLA and ALA.

• Journal of the Korean Society for Library and Information Science
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• v.38 no.1
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• pp.199-228
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• 2004

The purpose of the study is to develop a license model which could be used as guidelines during the process of contracting for the use of electronic journals in the academic libraries. The study was done through the following 4 steps. First, through the analysis of previous related literature, the study examined the licensing principles, the structure of the license, the relationship between copyright and contracts, and the development of license models in the library. Secondly, through the analysis of the basic structure of 5 representative license models abroad and 2 domestic licenses, the study established the basic structure of license model. Thirdly, a questionnaire was conducted on library licensee and the vendor licensor in order to find out the present states and problems of library contracting and their opinion on the core clauses of the contract. Lastly, having based on the results of the investigations mentioned above, the study finally developed the license model.

• Journal of the Korean Society for information Management
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• v.21 no.3
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• pp.125-139
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• 2004

In this digital environment, license contracting and technical protection measure are being used by copyright holders as a means to restrict the rights of information users. The study reviewed the conflicting relationship between the copyright law and the contract law for digital resources the use of which is based on license contracting, and investigated the legal interpretations of the conflicting relationship between the two. And then based on the analysis of IF LA's position on copyright in the digital environment, the study suggested the expected role of librarians to cope with the technological overrides of copyright rules and to expand the rights of information users.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.15 no.1
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• pp.117-135
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• 2004

The purpose of the study is to suggest preferable future strategies for interlibrary use of e-journal. For this purpose, the study reviewed the meaning of interlibrary use for e-journal in the digital environment and the disputes about it, and analyzed several license clauses for interlibrary use.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.129-150
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• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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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.

• International Commerce and Information Review
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• v.4 no.2
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• pp.1-12
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• 2002

The purpose of this paper is to examine the scope of the application of Preliminary Draft Convention, which will be fixed as international uniform rules soon, in relation to the CISG. First, this Draft Convention will cover service contracts as well as sales contract of goods, but the license agreement will be excepted because it does not transfer the complete property. Second, this will cover the commercial contracts(sales or services) concluded by data message fully or partially. Third, this will be applied in international contract regardless of contracting states or non-contracting states. As it is very difficult to confirm the places of business of contracting parties in on-line contracts, the first criterion to confirm them is the indication by the party in each contract. This presumption may be supplemented, if they are not indicated in the contract, by the location of the equipment and technology supporting an information system used by a legal entity for the conclusion of a contract. It is essential to establish an international uniform rules as soon as possible in order to activate the international businesses with on-line basis. Thus this author hopes that this paper will contribute to the clear understanding to the scope of application of Preliminary Draft Convention for which the UNCITRAL is under working.

• Korean Security Journal
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• no.15
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• pp.265-283
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• 2008

Modern society often faces 3Cs：change, competition, and customer. The main issue of today's police science study, therefore, circles around how public police effectively cope with the radically changed environment. As one of the workable and appealing policy tools to reform the police, the privatization has been not only strongly supported in terms of a theoretical study, but also widely used in practice all over the world. However, Policing has been widely regarded as an exclusively public-sector activity conducted by sworn officer, but a large and increasing share of the aggregate demand for public safety and security is being handled by the private sector. This study examines on the very practical one, how contracting out, most widely used as the privatization alternatives, is perceived and put into practiced in the field of traffic police services. This study is intended to examine recent shifts toward privatization of traffic policing. Although some people regard police services as inappropriate for privatization, most everyone else have persuasively considered that many police services are not public goods or, at least, not pure public goods. We can consider that there are three types of privatization with respect to traffic policing, that is, user-financed police services, contracting out, and some degree of service shedding. As society changes, so must traffic policing. And it is needed to enhance the ability of traffic police and private to accomplish their primary mission, to serve and protect the public.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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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.

• Korean Journal of Construction Engineering and Management
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• v.9 no.1
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• pp.107-117
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• 2008

In this study, surveys and interviews are used to evaluate technological competitiveness of each product with respect to that of foreign leading firms, for seven leading domestic construction products which have been determined to have competitive edge in offshore markets, Such evaluation provides a more in depth study than previously conducted research, and is meaningful in that corporate level, rather than industry level, perspective is projected. Major findings of such evaluations are the following. First, as expected, it has been evaluated that domestic technological competitiveness in desalination plant and power plant has reached the point where it can compete with foreign leading firms. Moreover, a noteworthy result of the evaluation is that development program sector, including urban development of satellite cities, has reached considerable level of competitiveness in offshore market. In the case of the development market, domestic firms have accumulated sufficient experience in domestic market and engineering technology is not a decisive factor as in plant sector, and these factors lead to such an evaluation. Second, in the cases of gas, oil refinery and petro-chemical plants, domestic products' technological competitiveness that can contest in offshore market is still centered around production and construction. On the other hand, there are still weaknesses in license technology and basic design capabilities, which constitute the "value added" area. Third, skyscrapers, a promising product in offshore construction market and a product group which domestic firms have much performance record and projects in progress both in domestic and offshore markets, are considered. While direct comparison between skyscrapers and plant sector is not feasible, with the exception of production and construction, overall domestic capability in this sector has been assessed to be the lowest amongst those products that were surveyed. Fourth, it has been indicated that competitiveness is relatively higher in common technology than in key technology. In project management capability, it has been assessed that there are weaknesses in procedure document area. Also, a characteristic is the point that low overall assessments have been given across all product groups for corporate and management areas, not technological areas. Especially, financing, contracting/claim, risk management and investment on research and development received low evaluations. Fifth, it has been assessed that overall corporate and governmental supports are weak. This result is especially evident for corporate management and support areas across all product groups surveyed.