디지털상품의 국제거래 유형과 분쟁 해결방안

• 영문명: Disputes Patterns and Resolution Approaches in the Global Trading of Digital Goods
• 발행기관: 한국중재학회
• 저자명: 심상렬 정윤세
• 간행물 정보: 『중재연구』 제17권 제3호, 145~167쪽, 전체 23쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods, the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods, arbitration clauses should be included in most of license contracts.

목차

Ⅰ. 서론

Ⅱ. 디지털상품의 개념 및 특징

Ⅲ. 우리나라의 디지털상품 수출입 현황과 문제점

Ⅳ. 디지털상품의 국제거래 분쟁과 해결방안

Ⅵ. 요약 및 결론

참고문헌

Abstract

키워드

디지털상품 전자적 형태의 무체물 라이센스 계약과 보증 상사중재 Digital Goods End User License Agreements(EULAs) Commercial Arbitration On-line Alternative Dispute Resolutions(ADRs)