학술논문

기술거래 계약의 결과에 영향을 미치는 협상력에 대한 연구
A Study on the Effects of Negotiation Technique on the Terms and Conditions of Technology Transaction Agreement
Document Type
Article
Text
Source
기업경영연구, 02/28/2013, Vol. 20, Issue 1, p. 215-232
Subject
기술거래
계약
협상력
협상자
협상기술
Technology Transaction
Negotiation
Negotiation Skill
Negotiation Technique
Negotiation Power
Language
Korean
ISSN
1229-957X
Abstract
A company needs to keep on acquiring novel technologies to remain and become more competitive. Securing the intellectual property right (IPR) for the new technologies is no less important. Although one develops new technology investing lots of times and efforts, the one’s effort would be useless if he has no patent for the technology. This case happens frequently. These days, legal actions against IPR infringement increase. While companies specialized in IPR infringement called ‘Patent Troll’ increase, it is the best timing to acquire the IPR. The basic discipline of technology business is acquiring the IPR. Of course, the business includes the know-how of the technology; however, IPR means the security of technology dealing with. Technology business happens between a company having technology and the other company desiring the technology. Acquiring a right technology and securing good conditions using the technology is necessary, and it is dependent on the bargaining power. Then how does the negotiation influence on the technology business? How to negotiate decides the conclusion of a contract, and influence on the profit and loss of the company. Moreover, it can defend the claims those may happen while carrying out the contract. Negotiation is widely used as a process of business. In the globalized world, the importance of negotiation is ever increasing. The ability to lead negotiation to success becomes more and more important. Negotiation is regarded as a process in which the total profit is divided and shared. In the process one may take more than the other. For this reason, the research about the factors leading negotiation to success is necessary. However, considering the importance of negotiation skill, the research on this topic has made little progress. In a rapidly changing negotiation environment, enhancing negotiation skill is needed to secure corporate and/or national competitiveness. Now, an empirical research on factors effecting on the result of negotiation could provide a meaningful insight for negotiators and negotiation researchers. Also, this research focuses on how the skill of negotiator (qualities, judgment and leadership, and conversation skills), management and technology ability (technical skills, technology business experience of technology exporter, interest of management), and company situation in the opposite nation (information about difference of tradition, culture of technology exported nation, policy on the exported technology, and market character) influence on the result of negotiation. While validating the measurements, negotiator’s skill (character, judgment and leadership, and conversation skills), management and technology ability (experience of technology exporter, business experience, cohesion), and situation in the negotiation countries (culture and industry policy, market character) are regarded as positive factors effecting on result of negotiation for technology transactions. In addition, as a result of comparisons of standardized coefficient β values, which indicate independent variables’ effects on dependent variables, corporate environment of the negotiation partner’s country is the strongest factor in negotiation power. Following corporate environment are management’s interest in technology trades, management and technology competency, and negotiators’ understanding and proficiency. This result is expected to provide enterprises and negotiators a meaningful insight. Making good use of negotiation techniques and developing negotiation competencies will bring greater bargaining power.