This contribution focuses on fitting between heuristic rules and the task environment in business to business market. The subject is about evidence-based business decision-making process in the business actors‟ perspective. The empirical setting of fashion business to business markets is considered, focusing on adaptive behavior situated in the interaction processes in customer-supplier relationships emerging from empirical researches. The paper considers two key aspects of the process: (1) the origin and diffusion of the heuristic rules adopted by the actors (adoption) and (2) the fields in which the rules can be used (scope) are discussed. The central research questions are: How heuristics are adopted and diffused in the fashion business to business environment (adoption)? How wide is the context in which the heuristic rule is applied by the actors (scope)? Fashion business to business markets is our setting of analysis. First of all we have to define what are heuristics. Studies of decision-making processes generally divide them into two, mutually exclusive types: rational decision making versus rule-based decision making (March 1994). In the case of rational decision making the approach is to evaluate the consequences of any decision in terms of either pure (maximizing) or limited rationality (satisficing). In rational decision making, consequential choices are adopted, hence an evaluation of preferences and expectations is necessary and decisive to the final outcome. Instead, in rule-based decision making, what counts most is following the rules, the aim being to satisfy and/or define an identity. In rule-based decision making, rules deemed appropriate are adopted, and what then counts are the rules and the identity, which form the basis for taking well-thought-out actions. Rationality requires less „specific‟ knowledge, since it relies on abstract rules. In this approach, following the rules may instead involve understanding them in relation to the specific context in which they are to be applied. The relations between heuristics and interaction in business networks provide a means to study other aspects of the evolution of the relationship between enterprise and business market environment (Artinger et al. 2015; Guercini et al. 2014, 2015). In fact, the network of relationships the actors adopt images of the relationships to be cultivated with the precise aim of formulating an effective representation of the market, enable other phenomena to be examined, not so much in their qualitative aspects, but rather as regards their importance as perceived by business decision-makers. In light of these relations between heuristics and setting, the essential properties of heuristics that we propose to examine herein are: (1) specificity, intended as the field of application and setting in which any heuristic rule is generated and routinely applied; (2) convergence, which concerns how widespread, at least in appearance, any given heuristic rule is amongst actors in a given market setting (Guercini 2012). In other terms, the heuristics of entrepreneurial marketing can be considered specific to this particular setting, in that they concern the degrees to which such rules are generated, are successful, and are confined to the specific setting or context. Looking more closely at the two above-mentioned properties, specificity is high when, for instance, a heuristic refers to a specific, circumscribed matter (for example assessing the opportune moment to purchase certain semi-finished goods) and finds no application in any other setting. Conversely, a rule‟s degree of specificity is low when its field of application is broad: a rule may, since its inception, be applicable to many different fields, or it may be initially applicable only to a limited range of decisions, but subsequently find fruitful application in other, broader matters (Guercini et al. 2014). The degree of convergence instead regards the frequency with which a given heuristic rule is adopted within a population, a community or, in our case, by entrepreneurs. Such adoption may only be apparent, in the sense that what seems to be a single rule may actually represent various, subtly different rules for each individual, given the supremely personal, individual nature of fine mental processes. Evaluating the degree of convergence of a given heuristic within a population obviously involves measuring its dissemination in terms that are recognized as such by the researcher. Convergence is high for rules adopted by everyone, or at least by a large segment of the population in question. Other heuristic rules are instead developed by individuals in forming their personal judgments and seem to be unique to such individuals, in that they do not arise in others. This implies that heuristic rules may be the source of a relative advantage for the entrepreneur, in so far as the heuristic in question proves itself successful, that is, an element that determines a good choice when other methods are ineffective or may even produce negative effects. Specificity and convergence are thus general properties of the heuristics adopted by entrepreneurial marketers, and are strongly tied to the interpersonal relationships and consequent interactions within business decision-makers‟ personal contact networks (Guercini et al. 2015). Heuristic procedures are easily detectable in the descriptions of enterprise top management of the processes they utilize in assessing possibilities and forming judgments. Some of these procedures are highly abstract and applicable to various different settings, for instance, regarding problems typically facing firms as well as purchase decision-makers. In the following we shall briefly present some of the heuristics encountered in our research; a more detailed description and more rigorous modeling of their characteristics will be addressed in future work. Let us consider now a fashion business to business settings, and more precisely the situation in which the decision-maker of a fashion firm is tasked with formulating a judgment regarding the best choice of colors to keep up with the fashion trends of coming seasons. From interviews with representatives of styling divisions, what repeatedly emerged was their conviction that “strong” colors periodically and forcefully come back in fashion. Some even went so far as to specify the duration of this cycle: seven years – that is, the same as the number of strong colors –, which also turns out to be coherent with long-standing observations on the limits of human cognitive function (Miller 1956). No clearly defined explanation was offered of the reasons for, or origins of, this rule, although some hypotheses were advanced: simply that a sort of “law” was first noticed and then became consolidated as its predictions were repeatedly verified over time. A second example is that of the textile firm entrepreneurial marketer called on to provide a forecast of the fabrics that will be most widely utilized in the market over the next few seasons. From the marketer‟s perspective, the price of natural fibers is one element on which to base any judgment regarding future fabric usage trends. Clearly, there are technical time constraints on the purchasing of fibers for spinning, which must naturally precede the sale of the fabric, and may even take place already in the stage of drafting the fabric sample book. Thus, a specific assessment rule is applied: those fibers whose price increases during certain periods of the year are deemed to be those that will be in most widespread use the following season. However, for some years now this rule has begun to seem less reliable than in the past. Workers in the sector speak of greater complexity in the wool market, where supply factors, such as international manufacturers‟ policy of stepping up fiber tops production, have had the effect of upsetting traditional market dynamics. The heuristic rules in these examples can be regarded in the perspective of the attributes they present, in particular, their “specificity” (or field of application) and their “convergence” (or degree of dissemination). A rule that is highly specific to a certain application setting looses much of its value when applied to judgments other than the one for which it has been developed. On the other hand, a rule that is in widespread use in many firms can hardly become a distinctive resource for entrepreneurial marketers. The widespread dissemination of a given heuristic rule amongst the rules “in stock” or the “adaptive toolbox” of firms may influence its effectiveness. Indeed, the fact that a rule is shared by many may justify its adoption in light of the validity that the decision-makers seem to attribute it, even if it is less probable that its use impart a distinctive competitive advantage. The examples of heuristic processes presented in the foregoing seem to enjoy different degrees of specificity and convergence. The association of certain heuristics to specific settings takes on the significance attributed to them by Simon (1979), as rules bound by the task environment and not clearly referable to relatively abstract mechanisms or endowed with autonomy. Mechanisms applicable to less specific settings are instead referable to the heuristics described by Tversky and Kahneman (1974), including representativeness, availability and adjustment/anchoring, identified in relation to the possible distortions and errors associated to them. The heuristics modeled by “building blocks” by Gigerenzer et al. are seemingly cannot be captured by a few categories, given the variety of formal models identified. Briefly, these include (1) recognition heuristic; (2) fluency heuristic; (3) take-the-best; (4) tallying; (5) satisficing; (6) 1/N equality heuristic; (7) default heuristic; (8) tit-for-tat; (9) imitate the majority; (10) imitate the successful; (11) hiatus heuristic; (12) fast and frugal trees; (13) mapping models; (14) averaging the judgment; (15) social circle; (16) moral behavior (Gigerenzer and Gaissmaier 2011, Gigerenzer and Brighton 2009). In the approach proposed by Gigerenzer and his “adaptive behavior and cognition program”, formal models are necessary to evaluate the real contribution of heuristics to cognition, decision-making and behavior. For details, refer to the publications of the adaptive-behavior-and-cognition program (Gigerenzer 2007; Todd and Gigerenzer 2012). Rule-based decision making implies the availability of rules to follow and consistency with an established identity as the driving factors in the decisionmaking process. If the rules satisfy an ecological rationality approach, are such rules then the result of a process of rules selection with which the decision makers are endowed innately or they are formed through a process of learning? And, if the latter is true, what are the characteristics of the decision-making process during the stage that the rules formation schemes are more open? And lastly, when the rules have already been defined, are they necessarily stable or can they be questioned and, if so, in what terms? These research questions are part of the future research stimulated by this first exploration based on case study research.

By adopting transactional social commerce functions from mobile apps, individuals can sell products and services directly to friends on their contact list. This drives micro entrepreneurs with fewer than ten employees and less than a €2million annual balance (European Union Law, 2013) to become key drivers for economic growth (Paoloni & Dumay, 2011). In particular, individuals aged 18-34 become inspired by images on social networks for clothing and fashion products. Hence, fashion products are popular business items for micro-entrepreneurs. Despite potential benefits for social commerce, micro-fashion entrepreneurs in many countries are still unaware of apps’ use in social commerce to sell products, and to create and manage social capital for their business. This exploratory research aimed to investigate how micro-fashion entrepreneurs adopt transactional-focused social commerce and utilize social capital embedded in network ties for their marketing and sales, based on innovation diffusion and social capital theory. Research questions included: (1) How do micro-fashion entrepreneurs adopt social commerce? (2) How does social capital in network ties contribute to marketing and sales in social commerce? To answer these research questions, qualitative data from phone interviews with 16 micro-fashion entrepreneurs selling fashion products through WeChat in China were analyzed, adopting a thematic analysis. Data indicated micro-fashion entrepreneurs have positive attitudes, based on their experience and knowledge of WeChat. They adopt social commerce to (1) sell products in a new way, (2) connect with customers, and (3) reduce financial risk, while an innovative channel for entrepreneurship. Also, operating a business through WeChat required less time commitment compared with brick and mortar, and online stores, because accessing services like WeChat have payment systems, share images and messages. Free calls and messages are already available. The interview data demonstrated micro-entrepreneurs have an advantage when adopting social network ties in WeChat and implementing social capital embedded in marketing sales networks. Structural, relational, and cognitive capital contribute to micro-entrepreneurs’ marketing and sales interactively. An individual could access target customers, based on networks already established social media platforms and facilitate entrepreneurs’ adoption of social commerce. Also, since trust, shared goals, and languages exist on these network ties, there exists an increase for entrepreneurs’ accessibility to use social commerce to initiate their business, while decreasing business operating expenses, promoting products, and building relationships with customers. In addition, relational capital built by interactions with each customer brings cognitive capital to promote products and strong network ties.

Introduction This paper presents an exploratory investigation into the use of coopetition by fashion supply chains (FSCs) as a sustainable, risk-reduction strategy and enabler for competitive advantage. Bengtsson and Kock (2000) proposed coopetition as a state where two companies cooperate in some activities, such as a strategic alliance, while at the same time competing with each other in other activities. While coopetition is usually considered as a horizontal integration strategy (Hingly et al., 2011), it might also be used vertically in a supply chain and possibly including third-parties to alleviate issues of confidentiality (Dari, 2010). Such lose relationships and partnerships may also be undertaken between companies for joint product development, to share research and development (R&D) costs, to restore corporate image, to increase environmental responsiveness of suppliers, for differentiation, to reduce costs, to reduce supply chain waste, and to develop sustainable materials, alternative or substitutes (Caniato et al. 2012). In a dynamic business environment such as fashion the ability to integrate processes across the functional boundaries of a company is considered a key to competitive advantage (Sull and Turconi, 2008). It is also important for companies in FSCs to share a common goal and work in the same direction to achievement supply chain integration (Fernie and Grant 2015). De Brito et al. (2008) suggested that the best performing companies effectively manage internal and external relationships between functions and organizations through improved coordination and highlighted a need for partnering with supply chain partners and different stakeholders including working groups in the industry, relationships management, having highly skilled people, and resource sharing especially in transport equipment and warehousing and the use of coordination tools such as collaborative planning, forecasting and replenishment (CPFR). While such alliances build up relationships and partnerships for the betterment of all partners (Lacoste, 2014), many companies remain reluctant to share too much for fear of affecting their trade secrets or competitive advantage, and so maintain a corporate transactional mindset (Grant, 2005). Thus, there is a need to investigate whether FSC firms are aware of or using coopetition principles, and if not whether they have a propensity to do so. Research Design Our investigation was exploratory as it addresses the how and why questions consistent with criteria for qualitative research (Bryman and Bell, 2015). Our unit of analysis for conducting this study was seven UK FSC case companies (CCs). Our sample was selected based on criteria of having in the UK a manufacturing or sourcing base and a retail or wholesale presence and some major operations such as customer service, distribution and warehousing and a brief description of each CC is provided in Table 1 below (Yin, 2014). Data were collected via semi-structured interviews with 68 people across the seven CCs. These were supported further supported by a number of means, for example, visits to the manufacturing sites, head offices and other important operational places, navigating around the working environment, specifically the factory or shop floor and distribution centers, making observations and chatting to workers in the factory cafes, car parks and surrounding areas. Both within-case and cross-case analysis analyses were conducted and three themes emerged: capacity sharing, cooperation for risk reduction or a response to an adverse event, and information sharing to build relationships. We now discuss details pertaining to each theme in detail. Findings Capacity sharing: Time-based competition, demand volatility, increased disruptions and retailer pressures are some of the reasons that stimulated fashion companies and supply chains to share capacity. However, the case companies also believed high supply chain cost led fashion supply chains to benefit from each other’s resources and leave competition for the shop floor or better customer service. CC1 respondents mentioned that at a particular time they had to replace their ‘plasticisers’ and during this replacement process CC1 used competitor ‘plasticisers’ and hides. CC1, CC2 and CC4 respondents mentioned that their companies also gets help from its competitors in the international market to source skilled labor force in case of full capacity. They further mentioned the use of machines, sharing raw materials, technology, warehouse, containers, testing facilities and other facilities at competitors’ plants in different countries: “We can’t do everything on our own, especially on a global basis, so we talk to our colleagues and if they have those facilities we will ask their help; we will pay less and they will get what they have invested for” (CC1 supply chain manager). CC2, CC3, CC4 and CC6 respondents further mentioned that departments which were formerly perceived as competing each other are now sharing workforce according to demand. Respondents also suggested that problems of quotas, price fluctuations, raw material shortages, customs and distribution could be overcome by sharing materials and capacity with competitors: “If China goes over their export quotas we could be left with fibers stuck in China indefinitely until the quotas have re-balanced so in the interim its managed by sharing materials with competitors here in the UK or in our suppliers’ markets” (CC2 sourcing manager). CC2 and CC4 respondents also mentioned how in the past their companies managed to retain a cluster by offering people a business space in their premises. CC4 also offers apprenticeships to other manufacturers and suppliers, reflecting the company’s belief that the industry needs to pool resources. CC3 and CC5 respondents mentioned that sometimes their companies derives benefits of economies of scale in terms of raw materials and some sub-processes by sharing capacity with competitors: “We buy in bulk to get economies of scale, sometimes just to make sure we don’t run out of supply but there are quite a lot of businesses in our product category so we always have someone to share to get rid of dead money” (CC3 sourcing manager). CC5 and CC7 also mentioned that their companies also use supply chain partners’ facilities such as quality checks, storing products at their sites and arranging capacity for CC5 and CC7. Cooperation for risk reduction: Respondents from CC6 described many instances where coopetition emerged when supply risk or disruptions occurred. One disruption shut down trading but CC6 was able to resume trading in just two days, partly due to the help from its competitors, customers and outside service providers. Respondents mentioned that a high street retailer offered space in its warehouse, another sent its workforce to help evacuate materials and another sent containers, while a service provider converted all standard orders into next day delivery. Within CC6 itself, drivers were willing to work extra hours, even at the weekends and some other departments also sent their workforce to help the logistics and distribution functions, which were affected most by this incident. Respondents also mentioned the frequent use of containers, materials, suppliers, factories and vehicles of competitors and some facilities at main sources: “If they’ve got a container let’s say 60% and we have got the other 40%, we don’t want another whole container; we will join the retailer, historically, you wouldn’t even talk to them because they are competitors, you know, compete on shop front” (supply chain manager). Information sharing to build relationships: Increasing sustainability risks and motives for costs savings, resource development, to avoid legal penalties, to be pro-active and to develop supply chain knowledge drove the case companies to information sharing, building relationships even with competitors and with organizations outside the industry. Case companies shared many practices and processes where they demonstrated an increased move to share information and relationship building with competitors. Respondents from CC1, CC2, CC3, CC4 and CC6 mentioned their companies have established close relationships and constantly share information with companies that were perceived as biased towards the industry or competitors in the past, such as NGOs, companies on CSR, external companies for testing and auditing, working groups in the industry and material and service providers. Respondents mentioned that this has helped them to manage issues such as legislation, working standards, ethics, national and international regulations, country laws and law on chemical use, testing and auditing, to develop supply chain knowledge, to identify sustainability risks and to design their mitigation strategies. Respondents further mentioned that, over the years, their companies have increased information sharing and relationship building with competitors who helped the company with market analysis and to re-shape its business strategies: “I think information sharing with some of those forces, where it was once perceived as a threat is now considered essential, you will manage most of your risks beforehand” (CC2 project manager). CC3 and CC5 respondents maintained that fashion in general and fast fashion in particular requires having as many sources of information as possible, as this will help businesses to increase the number of options. This will further help their companies to explore alternatives and substitutes, ultimately minimizing risks such as dependency and improving customer service: “You need to talk to your partners, talk to your competitors, talk to those who have the slightest relevance to what you do; you need to be open minded; this will increase your options and then you can say yes, I can sustain, I can continue” (CC3 ethical compliance manager). CC2 and CC4 respondents mentioned building relationships with some European premium quality manufacturers who were perceived as competitors in the past. Respondents mentioned that the company is also trying to build strong relationships with small and medium companies of its type in the UK so that a common strategy can be developed for the government to help revive the UK textile and garment industry: “As an industry we’re joining together, whether we are joining together with our competitors or what could be perceived to be a competitor or not, it doesn’t really matter, the fact is we are joining together to pool our resources in terms of trying to attract new people into the industry and get some help from the government”(CC4 supply chain manager). However, CC5 respondents expressed concern about sharing trends or design related information to some competitors of its size but admitted that CC5 also gets help from its competitors: “He (supply chain manager) will pick up the phone and let them know which trend is in demand, which colour customers like; in the beginning I found it unusual but then I saw some of them coming to us and asking for some units to try” (CC5 design manager). CC6 respondents mentioned that a recent disruption has demonstrated how important it is to have relationships, even with competitors. Respondents reported that their service providers converted standard deliveries into next day just because they perceived CC6 as a family and it was good relationships with them that enabled CC6 to provide good customer service and maintain its image as a responsible online fashion retailer: “We had relationships with them so they were willing to go to the extra mile; we see them as a family organization although some might say competitors” (CC6 supply chain manager). Conclusions The literature asserted the need for coopetition in order to survive and compete in a demand driven and volatile market place however issues of maintaining confidentiality and competitive advantage may inhibit companies in FSCs from adopting coopetition principles. However, our study found that due to increased uncertainties, disruptions and risk the seven CCs we investigated have embraced coopetition in some way as a strategy mechanism to manage their supply chains. Thus, we conclude that coopetition appears to be a driver to stimulate organizational capacity sharing, risk reduction and information sharing to build relationships with multiple stakeholders even if they are competitors. However, we note that this study was exploratory and only investigated seven FSC companies in the UK and hence the findings may not be generalized across all companies. Further research should expand this line of enquiry to do so.

The conceptualisation of brand charisma is multi-disciplinary, using luxury branding context. This research adds value by making significant contributions by extending and building theory; holds managerial implications for policymakers and brand managers in shaping and communicating brand charisma; additionally to develop a research framework and scale to measure brand charisma. Introduction Charisma in grounded in anthropology and sociology; which has been divided into three key definitions. At the root of the sociological construct it is associated with a leader who generates extremes of loyalty and motivation among followers (Smothers 1993).The primary reason charisma is used, historically speaking, is to gain control over a group of people, and create a strong following (Weber 1946; Dow 1968; Smothers 1993). Research has demonstrated that charismatic leaders are more likely to effect and motivate individuals (followers) beyond expectations and command extremes of attachments (Bass 1985, 1988; Conger 1988; House et al 1988). This implies that charisma can inspire devotion to a leader that surpasses mere loyalty (Spencer 1973; Dow 1968); an irrational bond and inspiration between leader and follower (Marcus, 1961). As competition continues to grow within the luxury sector brand resonance is increasingly important as some of the effects include: higher loyalty to the brand, increased number of followers, ease to move consumers, development and diffusion of new products and greater consumer accommodation for the brand. In recent years, as brands try to become more ‘accessible’ to consumers and provide them with more brand experiences online we see the brand become diluted and evidence of brand fatigue set in (Business Insider 2015). Brand experience has been conceptualised as ‘sensations, feelings, cognitions, and behavioural responses evoked by brand related stimuli’ (Brakus et al 2009); which are often subjective and internal responses (Brakus et al 2009). Most experiences occur directly when consumers shop, buy, and consume products. Experiences can also occur indirectly—for example, when consumers are exposed to advertising and marketing communications, including Web sites. As a majority of luxury brand consumers are deemed to be loyal to the brand, it is important to capitalise on these followers (Levitt 1975) to further foster brand- follower- consumer engagement. Pastor et al (2007) were able to demonstrate that followers’ emotional responses have a significant influence on charismatic leaders; where followers experienced higher levels of arousal, they were more likely to rate leaders as charismatic. Brands can have charisma through social construction, compelling emotional associations that build on imagery, symbolism and prestige. Thus, it leads to extraordinary levels of motivation and attachment- achieving brand resonance. Thus, followers and consumers will view the brand as being sacred, and imbued with deeply significant and metaphorical meaning (Smothers 1993). It is evident that brand charisma allows the brand to exercise control and influence over a following or group of consumers. As brand charisma serves as a motivational tool to inspire and communicate their brand vision to followers, it allows the charisma to remain unique and rare (only for those in the community). While the ability to attain this brand charisma is always kept out of reach for everyday consumers, in order to motivate them to perform and engage with the brand beyond expectation. From the followers perspective, charisma is used to communicate or signal to others their social belonging and identity to a particular community. The presence therefore of brand charisma serves as a guide, or vision, of the brand that is aspirational and inspirational for the followers, with the promise of the ‘dream’ being attainable by belonging to this group. It is interesting, and pivotal to note that brand charisma is not like a normal brand- follower relationship, but rather a unique bond that is value laden, ongoing and influential on perceptions. Some key characteristics have been used in forming a conceptual definition of brand charisma, form both the brand and follower perspective. These include “exercise diffuse and intense influence over the beliefs, values, behaviour and performance of others through own behaviour and example” (Dow 1969; House et al 1991; Shils 1965); “unique connection between leader and follower that can account for extraordinary performance and accomplishments of individuals, work groups, units and organisations” (Yammarino et al 1992; Bensman and Givant; Conger and Kanungo 1998); “transcendent from the ordinary” ; “the process is both parallel and analogous process…both change meaning and perceived value” (Weber 1922; 1966; Levitt 1975; Smothers 1993). Drawing from the above emerging characteristics, which is reflective of the literature, a tentative conceptual definition of brand charisma has been proposed below: “The ability to articulate the brand vision, elicit a positive emotional response by its audience or followers that is characterised by extremes of motivational attachment” Through a content analysis of luxury brands and a rigorous literature review, has identified ‘core’ and ‘supplementary’ characteristics for the presence of brand charisma, which is aimed to be further explored. The Core characteristics of brand charisma can be thought of as the source of the brands charismatic aura and this must be present for charismatic brands; while the supplementary characteristics are not crucial or inherent to every charismatic brand. Research Gaps Based on the extended literature review, the following key gaps have been identified: 1. To the best of my knowledge there has been no conceptualisation of brand charisma in marketing and branding (e.g. Smothers 1993; Dion and Arnould 2011) a. Lack of working definition for brand charisma and lack of research framework and scale to measure brand charisma 2. Diminutive studies have used the concept of charisma in luxury branding or marketing 3. Assessing whether brand charisma should be implemented or is present across various ‘categories’ of luxury (e.g. inaccessible vs. affordableluxury) 4. Past studies have not addressed the influence of brand charisma on consumer emotions and perceptions (e.g. Dion and Arnould 2011) Based on the above research gaps the following research questions have been developed: RQ1: What is brand charisma? RQ2: How does the presence of brand charisma influence brand resonance? RQ3: Does the presence of brand charisma differ between affordable and inaccessible luxury? RQ4: What are the emotional responses elicited by the presence of brand charisma? Theoretical Framework and Hypotheses Development Stimulus- Organism- Response (S-O-R) model is the underpinning theoretical framework for the proposed research (Mehrabian and Russell 1974). The S-O-R model has been widely used in retail environment (e.g. Buckley 1991; Chang et al. 2011) and to study different types of involvement (Arora 1982). Based on the S-O-R model, the stimulus is defined as any external stimuli that influence the internal states of an individual which consist of both environmental influence and marketing mix variable (Bagozzi 1978; Eroglu et al. 2003). In this proposed research the presence of brand charisma will serve as the external stimuli that influence consumers’ perception of luxury and brand affect. The perception of luxury is affected by brand related stimuli and imagery (Brakus et al 2009), which include but not limited to, elements such as; brand name, products sold and communications. Organism is defined as the internal emotional response which influences the relationship between external stimuli and the behavioural response (Bagozzi 1978). In this study, perception of luxury and brand affect will serve as the internal consumer responses (sensations, feelings and cognitions) which is degree to which a consumer is effected via the environment, being either direct or indirect, through the 5 senses (sensory appeal). In this study, the resulting response will be brand resonance, as this extends beyond loyalty and encapsulates a brand follower or consumer to willingly and proactively engage in word of mouth, have deep attachment or connection with the brand, feel proud of association with this brand and community followers (Keller 2001). Supporting Theory As brand charisma is a set of activities to capture the distinctive brand essence, which creates a strong sensory appeal compelling consumers to strongly advocate for the brand; we see the transfer of charisma onto the brand through concepts such as brand experience (consumer touchpoints) and brand resonance (brand- follower relationships). Thus, the Law of Contagion is the underpinning theory to support the effects of brand charisma (Frazer 1959, Mauss 1972; Tylor 1974). The Law of Contagion for the proposed research focuses on sympathetic magic, namely the effects of contagion, which deem that whatever is done to a material object will affect equally the person with whom the object was once in contact, whether it formed part of his body or not (Frazer 1889). This can be extended to brand activities such as communications, Furthermore, Spillover Effects, is the secondary effect of brand charisma as we are assessing the ‘spillover’ of charisma onto the brand and the effects it will have on the proposed relationships (Simonin and Ruth 1998) between perception of luxury, brand affect and brand resonance. Charismatic Leadership Theory (Weber [1922] 1978) has been deemed ‘transformational’, ‘visionary’ or ‘inspirational’ throughout the organisational literature (e.g. House 1977; Conger and Kanungo 1988). These theories focus on exceptional leaders who have extraordinary effects on their followers and larger social systems (Shamir et al 1993); hence leaders transform the needs, desires, values and aspirations of followers from self- interest to collective interest. This is demonstrated through brand communities, and kinship, as followers become highly committed to the leader’s mission and often perform above and beyond what is expected of them. Charismatic Leadership is further demonstrated through the strong relationship between follower and brand by; emotional and motivational arousal through brand behaviour, nonverbal communications, visionary and inspirational messages and ideological appeals. Therefore, in layman terms, the more charismatic brands are, the more likely they are to experience overall higher brand resonance. Brand resonance is the outcome variable proposed for this research. Brand resonance aims to capitalise on previously acquired loyalty and equity (Huang et al 2014); thus brands add value to consumer goods by supplying meaning, and consumers like brands because they package meaning derived from interaction with the brand (Biel 1970). This can further be explained by an enduring sense of communal kinship and affiliation; which sees followers of the brand invest personal resources in order to stay connected (Keller 2001; Huang et al 2014). Social Identification Theory (Tafjel and Turner 1985) is used to support the outcome variable of brand resonance, as one of the primary drivers of brand resonance is that followers draw some association or similarity between themselves and the brand. Social Identification Theory is also closely linked to Charismatic Leadership Theory (Shamir et al 1993) (discussed below), as brand behaviours define the boundaries of the collectivity to emphasise its distinctiveness, prestige and competition with other groups. Such leader behaviour increases the salience of the collective identity in members’ self- concepts (Ashforth and Mael 1989); therefore, identification with the leader (brand) as it is perceived via a representative character (brand activities). Based on the above, we postulate the following: H1: High Presence of brand charisma will lead to high perception of luxury H2: High perception of luxury will lead to high brand affect H3: High presence of brand charisma will lead to high brand affect H4: Perception of luxury mediates the relationship between presence of brand charisma and brand affect H5: High presence of brand affect will lead to high brand resonance Methodology My research will encompass a mixed methods approach and be split into three predominant phases. The first being scale development, followed by stimulus development and finally the main study. The mixed method offers greater depth and breadth of understanding and corroboration (Johnson et al 2007) and is in line with the underlying pragmatist paradigm of this study (Johnson and Onwuegbzie 2004). A convenience sample will be used comprising of consumer panel data. The sampling frame will consist of everyday consumers, as these consumers need not be buyers of luxury brands. Phase 1: Scale Development The scale development phase will use methods by Churchill (1979) and Devillis (1991). The purification, CFA, EFA and validity will be undertaken to refine and test the scale. The approximate sample for this phase is approximately 200 respondents. Phase 2: Stimulus Development This phase will use expert panel to select the most appropriate charismatic brand and stimulus to use for this research. The potential brands of interest, thus far guided by literature, are; Hermes, Chanel, Dolce & Gabanna, Gucci, Louis Vuitton, Valentino and Oscar de la Renta. The sample size of the expert panel will comprise of approximately 15-30 respondents (Endacott et al 1999; Keeney et al 2010). Phase 3: Main Study This phase will comprise of the self-administered questionnaire, with all sclaes measured on a 7- pinot Likert scale. With the use of an embedded stimulus, using consumer panel data with the sample size of approximately 800. Validation study will be included using psycho-physiological equipment available in the School of Marketing to validate the brand charisma scale; and to test whether there is positive emotions elicited that can be attributed to the charisma of the brand. This sample will consist of approximately 120, in line with recommended JCR guidelines. Significance Theoretical Contributions • Building and extending the current branding literature by conceptualising brand charisma, which has only been attempted in fragments throughout the literature. •Developing a scale to measure brand charisma in a luxury context. Until now, a brand charisma scale demonstrating rigour and validation is lacking within the literature • Empirically evaluating the developed brand charisma scale, validating the applicability and the moderating effects of brand charisma on the relationships between perception of luxury, brand experience and brand resonance. Methodological Contributions • This study will develop a brand charisma scale, employing psychometric properties to demonstrate reliability and validity. • This scale will then be used to further develop a Brand Charisma Index Managerial Contributions This study aims to provide a blueprint for luxury brand managers, owners and policymakers on: • How to use brand charisma to grow brand community, brand attachment and brand engagement; vis-a – vis the brand. • Build stronger brands, that are resilient to market changes and fluctuation • Segmentation process to identify consumers with high brand resonance To identify what cues of brand charisma should be present for brand content and campaigns and how to augment these • For inaccessible and affordable luxury offerings, identify whether the presence of brand charisma should be used for both. Provide insights how the presence of brand charisma can impact and influence consumer’s perceptions and emotional responses.

본 연구의 목적은 문학 분야에서 오랜 역사를 가진 내러티브 접근법을 살펴봄으로써 내러티 브 코칭의 이론적 근거와 발전 가능성을 탐구하는 것에 있다. 이를 위해 첫째, 내러티브 탐구의 기초 이론인 내러티브 사고방식과 내러티브 탐구 방법론 을 살펴보았다. 둘째, 호 로(Ho Law)의 내러티브 코칭 이론을 중심으로 내러티브 코칭의 필요 성과 학문적 토대, 내러티브 코칭대화를 검토하였다. 그 결과 인간의 경험을 탐구하며 내러티브를 연구의 데이터로 사용하는 내러티브 방법론이 내러티브 코칭의 이론적 근거가 될 수 있음을 알았다. 또한 긍정심리학, 사회학습이론, 구성주 의 발달이론이 내러티브 코칭의 학문적 토대로 적용될 수 있는 근거가 되는 것을 밝혔다. 특히 사람에게 초점을 두는 접근방식으로서의 내러티브 코칭은 코치이가 근접발달 영역을 건너갈 수 있는 비계를 제공함으로써 코치이의 잠재성을 향상시키는 공간을 마련하는 과정이 될 수 있음을 명확히 하였다. 또한 내러티브 코칭 대화에서 사용할 수 있는 표출대화와 다시 이야기 쓰기 기법이 코치이의 삶, 가치, 신념, 자아 정체성에 대한 새로운 이해와 통찰을 제공해 준다 는 것을 논의하였다.

In this study, the distribution of each facility group, the pollution level of local municipalities and the status of self-measurement were investigated and analyzed using data provided by the Ministry of Environment. It was found that most of the workplaces to be managed are facilities of sensitive class, indoor parking lots and largescale stores. The results of the survey on the total pollution level by facility group showed that the rate of contamination was the highest in the facilities where there are many sensitive users, including the subway station and the underground shopping malls. Through self-measurement, in the case of fine particle matter, it was found that it was present in amounts of 51.71 μg/m3, 50.72 μg/m3, 44.47 μg/m3 and 54.44 μg/m3 in medical institutions, day care centers, elderly care facilities and postnatal care centers, respectively. Also, there were facilities exceeding the standard in the medical institutions. However, most of the pollutants in the facilities surveyed by the municipality are higher than the self-measured concentrations, so it is necessary to examine the cause of such pollution.

Purple-fleshed potato powder (PFPP) was investigated to determine optimal mixing ratio with milk powder and dextrin to produce a ready-to-eat mashed potato powder. The rheological characteristics, color, and anthocyanin contents were studied at a different concentration of ingredients. The power-law model was applied to explain the mechanical spectra of mashed potatoes which represented the change in structure induced by different mixing ratios. Mixture design was used to obtain the experimental points used to establish the empirical models to describe the effects of each ingredient on the characteristic of the mashed potato. The results of mechanical spectra showed that both storage and loss moduli (G' and G'') were significantly influenced by PFPP and milk powder concentration. The power law parameters n' and n'' showed higher values for the mashed potato with a lower concentration of PFPP and a higher concentration of milk powder, which showed that the gel networks involved in the mashed potato were weaker. The optimum mixing ratio with the highest redness and anthocyanin content, while maintaining the rheological properties similar to the commercial mashed potato, was determined as PFPP:milk powder:dextrin = 90.49:4.86:4.65 (w/w). The proportions of PFPP and milk powder in the formulation significantly changed the characteristics of mashed potato, whereas no significant effect of dextrin was observed in this formulation.

Purple-fleshed potato powder (PFPP) was investigated to determine optimal mixing ratio with milk powder and dextrin to produce a ready-to-eat mashed potato powder. The rheological characteristics, color, and anthocyanin contents were studied at a different concentration of ingredients. The power-law model was applied to explain the mechanical spectra of mashed potatoes which represented the change in structure induced by different mixing ratios. Mixture design was used to obtain the experimental points used to establish the empirical models to describe the effects of each ingredient on the characteristic of the mashed potato. The results of mechanical spectra showed that both storage and loss moduli (G' and G'') were significantly influenced by PFPP and milk powder concentration. The power law parameters n' and n'' showed higher values for the mashed potato with a lower concentration of PFPP and a higher concentration of milk powder, which showed that the gel networks involved in the mashed potato were weaker. The optimum mixing ratio with the highest redness and anthocyanin content, while maintaining the rheological properties similar to the commercial mashed potato, was determined as PFPP:milk powder:dextrin = 90.49:4.86:4.65 (w/w). The proportions of PFPP and milk powder in the formulation significantly changed the characteristics of mashed potato, whereas no significant effect of dextrin was observed in this formulation.

개별 사회 내, 폭력적 극단화와 테러리스트 급진화는 전 세계에 걸쳐 서 오늘날 가장 심각한 문제가 되어가고 있다. 국내에서도 폭력적 행위 의 극단화에 대한 연구의 필요성이 대두되고 있지만 이에 대해 실제 데 이터를 사용해서 분석한 경험적 연구는 매우 드물다. 관련 형사사법기관 에 필요한 정책적 대안을 발전시키기 위한 과학적 지식의 기반을 구축하 기 위해 이 연구는 잠재적 폭력적 극단주의활동 및 테러리스트로의 극단 화에 영향을 미치는 요인들을 경험적으로 분석하였다. 특히, 이 연구는 폭력적 극단화 및 테러리스트 급진화와 관련된 이론적 배경과 선행연구 들의 결과를 바탕으로 개인의 과거 집단활동을 통한 비폭력적 집단활동 과 폭력적 집단활동, 그리고 정부에 대한 개인적 원망/불만 경험 등이 이 들의 미래의 폭력적 및 비폭력적 집단 활동에 대한 의사에 미치는 영향 을 분석하였다. 그리고 더 나아가 개인의 폭력적 극단화 행동의 급진화 에 영향을 미칠 수 있는 사회ᆞ인구통게학적 요인들도 함께 분석하였다. 이와 같은 연구의 목적을 위해 본 연구에서는 미국 Homeland Security의 과학기술 연구지원을 받아 테러리즘과 폭력적 극단화에 관련 된 다양한 사회과학적 분석을 수행하고 있는 Maryland 대학의 START 센터에서 수집한 데이터를 사용하였다. 이 데이터의 장점은 전 미국인을 대상으로 무작위 표본추출 된 429명의 성인들을 대상으로 과거의 집단 활동경험, 미래의 집단 활동에 대한 의사, 정부에 대한 불만 및 다양한 사회ᆞ인구통계학적 변수가 수집되어있고, 실험연구를 위해 수집되어 데 이터 수집절차에 실험연구기법을 사용하여 과학적 분석결과의 효과를 높 였다는 점이다. 연구분석결과, 과거의 비폭력적 집단활동경험은 미래의 비폭력적 집단활동의사에 상당한 영향을 미쳤으며, 정부에대한 원망과 불만은 미래의 비폭력적 집단활동의사 뿐만 아니라 폭력적 집단활동의사 에도 영향을 미치는 요인이었다. 그리고 폭력적 집단활동에 대한 의사에 특정 사회ᆞ통게학적 요인들이 비폭력적 집단활동보다 더 관련있게 나타 나는 영향요인이라는 것이 발견되었다. 연구결과에 대한 해석, 논의, 정 책적 함의 등이 결론과 논의에서 논의되었다.

본 논문은 2016년 중국 대학입시 어문과목의 출제문항을 분석하여 2016년 중국 대학입시 의 특징과 변화, 그리고 어문 과목의 출제형식과 중점을 검토했다. 2013년 중국공산당 18대 3 중전회 이후 중국의 대학입시는 중앙정부의 정치적 방향성이 큰 비중을 차지했다. 구체적으 로는 일점사면(입덕수인을 핵심으로 하고 사회주의 핵심가치, 전통문화, 의법치국, 창신정신 을 심화)”의 원칙이라 할 수 있다. 본 논문은 이러한 출제원칙들이 2016년 입시 어문 문항에 서 인물전기 중심의 문언문 독해 지문, 전통문화 요소에 대한 강조, 창신정신과 현실성을 반 영한 작문 문항 등의 특징으로 구체화되었다고 생각된다. 이는 최근 고위공직자 사정, 중국몽 과 소프트파워에 대한 추구 등 현대 중국의 시대적 과제를 반영한 내용이라 할 수 있다.

In Amanda Lewis v. Activision Blizzard, Inc., the U.S. Court of Appeals in San Francisco held that Recordings used by defendants of a former employee’s voice for a character in a video game constituted a “work made for hire” under the Copyright Act. The court found evidence that the voice recordings were within the employee's job description, the recordings took place during office hours in Blizzard's studios and were part of her job reviews. Also the federal court found Lewis's state law claims for commercial misappropriation of voice pursuant to California Civil Code Section 3344 to be preempted by the Copyright Act. The purpose of this study is to analyze legal solutions of this case and to study on considerations to construe an employee’s job responsibilities in applying the “work made for hire” doctrines. To achieve the purpose, the study analyzed the Federal Court's decision by examining the legal points in the case. On the basis of the results of the analysis, the study found desirable principles to be applied to game developers and publishers effectively from copyright disputes.

연구자는 표절논란이 진행 중인 손몽주와 박정현의 사례를 미술과 저작권이란 양자적 관점 에서 분석한다. 손몽주는 박정현의 작품이 자신의 작품과 재료와 표현형태가 비슷하다는 이유로 2014년 대구지방법원에 전시금지가처분을 신청하였다. 법원의 결정에 따라 대구미술관에서 박 정현의 작품은 전시가 금지되었다. 이후 진행된 법적 분쟁에서 부산지방법원은 박정현에게 법원이 정한 일정한 표현 형식을 사용하지 말라고 판단하였다. 연구자의 주장은 미술표절 논란에 대해 법 적분쟁보다 미술계의 논의가 먼저 이루어져야 한다는 점과 미술표절의 판단 주체는 법원이 아닌 미술계가 되어야 한다는 것으로서, 현대미술에 대한 활발한 표절 담론 형성 필요성을 지적한다.

공공 건설공사 수행 중 계약기간내 공사를 완성하지 못하고 공사기간이 연장된 경우 그 지 연 사유에 대한 귀책과 추가비용 발생의 부담주체를 놓고 계약당사자간에 논란과 분쟁이 심화되고 있다. 건설공사에 있어서 공기지연에 따른 전체 공사기간이 연장된 경우 그 원인 제공을 누가 했 는지에 대한 책임을 분명히 할 필요가 있다. 공기지연 원인의 책임구분의 결과는 분명 일 방의 권리와 타방의 손해로 직결되고 명확한 책임구분이 되지 않는 경우 분쟁이 발생하게 되며 결과적으로 어느 일방은 정당하지 않은 손해를 입게 된다. 계약법상 공사기간의 연장은 계약상대자에게 책임이 있는 사유로 인해 약정한 계약기간 내 에 공사를 완성할 수 없는 경우와, 발주기관의 사정에 의해서 공사가 연장되는 경우가 대 부분을 차지하고 있다. 일반적으로 공기지연 사건이 발생한 경우 클레임을 제기하는 주체에 그 입증책임이 있는데 보통 계약상대자인 건설사가 주장·입증을 하게 된다. 이때 이를 증명 입증시 공식적인 문서 즉, 채무자에게 채무가 있고 이를 이행하지 않는 사실과 채무자에게 귀책사유가 있는 사실, 그로 인해 일정한 손해가 발생한 사실에 대한 근거를 함께 제시하여 명확히 밝혀야 한다. 또한 그 입증 결과에 따른 손해배상으로서 계약상대자인 시공사의 책임없는 사유로 인한 계약기간의 연장이 입증되면 발주기관에 연장기간 동안 발생된 ‘실비’ 보상 요구와 계약금 액 증액 청구 등의 행위가 가능함을 명심해야 한다. 하지만, 공기 연장으로 인해 발생한 손 실에 대한 보상이 가능한지의 여부는 계약당사자가 계약 문서를 통해 어떻게 합의 하였는 지에 따라 결정될 것이지만, 공기지연에 대한 귀책이 발주자나 시공자 모두에게 없는 경우 라면 원칙적으로 공기 연장은 가능하나 이에 대한 보상은 가능하지 않은 것으로 이해하여 야 한다

디지털 매체의 사용이 확산되면서 이러한 매체의 최대 사용자인 청소년들이 유해매체물에 노 출되는 빈도도 급증하고 있다. 이러한 맥락에서 본 연구는 현행 청소년 유해매체물 규제 제도에 대해 유해매체물 심의 기준을 중심으로 비판적으로 검토하였다. 현행 청소년유해매체물 심의 기 준에 의하면, 음란한 자태를 지나치게 묘사한 것, 성행위에 대해 그 방법 등을 지나치게 묘사한 것, 청소년 대상으로 성행위를 조장하는 등 성 윤리를 왜곡시키는 내용 등을 담은 매체들은 청소 년에게 유해한 매체물로 규제하고 있다. 그러나, 규제되지 않은 매체물도 많으며 또는 이와 유사 한 매체물들은 디지털 매체를 통해 여전히 활발하게 전파되고 있다. 나아가 때로는 동법에서 보 호하는 청소년이 이러한 매체물들을 직접 생산⋅전파하는 역할을 하는 경우가 빈번한 현상을 볼 때, 보다 실질적인 규제 방안이 필요하다고 할 것이다. 그 방안으로서, 청소년 유해성의 개념을 명확히 설정할 필요가 있으며, 청소년의 인권을 존중하는 범위 내에서 청소년의 보호가 어떠한 의미인지에 대해 현 시대에 적합하게 정립할 필요가 있다고 하였다. 또한 법적인 규제와 자율 규제를 조화롭게 운영하여 보다 실효성있는 규제 체계를 정립할 필요성을 제안하였다. 그리고 이 모든 것은 보다 명확한 심의 기준을 바탕으로 달성될 수 있다는 점을 강조하였다.

전 세계적인 테러위협의 확산은 우리사회에도 어떤 의미 있는 하나의 근심거리를 던지고 있다. 비록 아직 테러공격이 본격적으로 우리사회 내 에서 발생하지는 않았지만 상황을 낙관적으로 지켜볼 수만은 없는 우려 가 있다. 2016년 3월 국회본회의를 통과한 테러방지법은 점증하는 테러 위협에 대한 우리사회의 대응노력의 중요한 한 전진이다. 이 테러방지법 은 국정원과 관계기관 행위를 규율하는 행정법으로서의 성격과 테러범 처벌을 위해 재판에 적용하는 사법법으로서의 성격, 그리고 테러범죄 요 건과 법률효과를 규정하는 실체법으로서의 성격을 동시에 지닌다. 내용 적인 면에서는 테러의 예방과 대응 및 테러피해 보전을 규정하고 있다. 이제 이러한 테러방지법의 통과로 정부는 실제로 테러예방 및 대응, 그 리고 테러피해보전을 위한 구체적인 활동을 할 수 있는 근거를 마련했 다. 이 논문에서는 이러한 테러방지법의 내용을 살펴보고 테러대상시설 에 대한 안전관리활동이 테러방지법을 통해 어떻게 이루어지는 지를 살 펴볼 것이다. 또한 테러방지법을 근거로 한 안전관리 강화방안에 관해 제안할 것이다.

『주역』, 「계사전」에서는 “한 번 음하고 한 번 양하는 것을 도라고 말 하니 …… 음과 양을 헤아릴 수 없는 것을 神이라고 한다(一陰一陽之謂 道. …… 陰陽不測之謂神).”고 말했다. 즉 ‘神’은 易이 感하여 천하의 원 인과 통하는 과정을 이해하는 경지를 의미하고 결과적으로 陰陽 變化의 원리를 가장 핵심적으로 드러내는 말이라고 볼 수 있다. 동기창은 음과 양을 통한 神의 원리를 표현하는 것을 예술적 세계관으로 인식하고 그의 화론에서 지속적으로 드러냈다. 동기창은 이와 같은 ‘以形寫神’을 작품 안에서 실현하는 것을 추구해야 할 회화적 造化觀으로 본 것이다. 이처 럼 회화 작품에서 ‘傳神’을 한다는 것은 陰과 陽의 對待 작용을 통해 生 의 원리를 이끌어내는 것과 같이 작가와 대상이 서로 감응하여 하나가 되어 작품을 만들어내는 경지에 이르는 것을 의미한다. 동기창은 이와 같이 작품 속에서 ‘傳神’을 실현하기 위해서는 南宗文 人畵의 역사에 대한 학습과 자연에 대한 체험, 그리고 書畵同源적 원리 를 이해하고 학습하는 것을 선행해야 한다고 보았다. 이와 같은 그의 學 畵觀은 동기창이 가장 중요하게 생각한 ‘氣韻生動’ 또한 후천적인 노력 을 통해 얻을 수 있다고 여겼다. 또한 동기창이 天機를 관찰하는 것을 통 해 筆意에 변화를 주고자 했던 王維를 존중했던 것을 통해 法과 變의 對 待 관계를 중요시했으며 法[학습]을 통해 新[창신]을 실현하려 했다는 것 을 알 수 있다. 또한 회화의 근원에 대한 학습을 통해 서예와 회화의 근 본 요소인 線에 대한 중요성을 인식했고 이를 회화에도 적용할 수 있어 야 한다고 보았다. 그리고 동기창은 안개와 구름의 변화는 자연의 변화를 가장 잘 드러내 는 것이며, 이를 회화에서 제대로 표현하여 자연의 생명성을 드러내는 것이 회화의 생명성과도 연결될 수 있다고 보았다. 이는 자연의 생명성 이 곧 예술 작품의 창조성으로 이어지는 계기가 될 수 있다는 것을 의미 한다. 그래서 동기창은 작품 가운데에서 끊임없이 변화하는 자연의 생명 성을 드러내는 것을 중요하게 여겼다. 그리고 동기창은 이것 또한 적절 한 필법의 운용을 통해 자연 변화의 원리를 담아내는 노력을 기울이는 것을 통해 가능할 수 있다고 보았다.

Since people spend more than 85% of their time indoors, understanding indoor aerosol behavior is important in order to protect human health against aerosol exposure. In this article, exposure, behavior, and control technologies for indoor aerosols are addressed. Previous studies conducted in Korea during the period from 2004 to 2016 were reviewed. Most studies were focused on field surveys of PM10 concentration in public facilities regulated by law. More fundamental studies are needed in order to control indoor aerosols effectively due to the fact that Korea has different building structures and lifestyles compared with western countries.

특허권 존속기간 연장제도는 1987년 물질특허제도를 도입하면서 함께 도입하였고, 의약품의 기존 특허권 존속기간을 최대 5년까지 연장해 주 고 있다. 우리나라 특허법 제89조에 의하면, 특허발명을 실시하기 위하 여 다른 법령에 따라 허가를 받거나 등록 등을 하여야 하고, 그 허가 또 는 등록 등을 위하여 필요한 유효성·안전성 등의 시험으로 인하여 장기 간이 소요되는 대통령령으로 정하는 발명인 경우에는 제88조 제1항에도 불구하고 그 실시할 수 없었던 기간에 대하여 5년의 기간까지 그 특허권 의 존속기간을 한 차례만 연장할 수 있다고 규정하고 있다. 의약품은 특허권 존속기간 만료시점에 가까울수록 매출이 급증하는 경 향이 있어, 특허권 존속기간의 연장기간 문제로 원개발의약품 특허권자 와 일명 복제의약품을 제조하는 우리나라의 제약회사 간의 이해관계는 첨예하게 대립된다. 특히, 복제의약품 출시 과정에서 특허무효심판 또는 권리범위확인심판을 통한 특허도전이 필수적인 것으로 인식되고 경쟁사 들보다 한발 앞서 연구개발에 착수하여 우선판매품목허가를 취득하려는 시도가 활발히 이루어지고 있다. 이 글에서는 의약품 특허권 존속기간의 연장기간 산정기준을 중심으로 검토하고 관련 쟁점을 분석하여 시사점을 살펴보기로 한다. 논의의 순서 는 먼저 의약품 특허권 존속기간 연장제도를 검토하고, 이 제도가 외국 에서는 어떻게 시행되고 있는지 외국의 입법례를 살펴보고 비교법적 검 토를 행한다. 그리고 이를 바탕으로 하여 특허법원이 국내 최초로 제시 한 존속기간의 연장기간 산정기준에 대한 사례를 소개하고, 이에 대한 평석을 통하여 특허법원이 제시한 산정기준의 적정성을 검토하여, 최종 적으로 원개발의약품 특허권자와 복제의약품 제조업체 간의 합리적인 이 익조정을 위하여 우리 의약업계의 현실에 부합하는 특허권 연장기간 산 정기준의 개선방안을 다루기로 한다.

이 연구의 목적은 유엔피구금자최저기준규칙 등 국제사회의 외국인 수용자 인권처우 규정이 한국의 형의 집행 및 수용자처우와 관한 법령상 어떻게 반영되고 있는지를 분석하고, 현행법의 개정방향을 제시하는데 두었다. 연구결과 외국인 수용자의 인권적 처우와 관련하여 국제사회가 요구하는 가이드라인에 비교할 때 현행법은 관련 규정을 제대로 갖추지 못한 것으로 나타났다. 따라서 한국의 경우 형의 집행 및 수용자의 처우에 관한 법률 은 외국인 수용자처우와 관련한 규정을 보완하고, 정비할 필요가 있다. 이는 국제적 인권수준을 준수하고, 또한 교정처우의 위상을 강화하기 위해서도 시급한 과제가 될 것이다. 이 연구는 한국의 경우 형의 집행 및 수용자의 처우에 관한 법률 등의 정비방향을 다음과 같이 제안하였다. 첫째, 외국인 수용자에 대한 통역제공 규정이 필요하다. 둘째, 외국인 수용자의 영사관 통보 및 자유로운 접견통신권의 보장규정이 필요하다. 셋째, 난민, 무국적자 등에 대한 특정 국가 및 단체와의 접견교통권 규정이 필요하다. 넷째, 외국인 수용자의 종교생활 및 문화 등의 허용한계 규정이 필요하다. 다섯째, 외국인 수용자의 전담교도소, 처우 등에 대한 별도의 규정이 필요하다. 여섯째, 외국인 전담교정 부서의 설치 명문화가 필요하다.