• Korea Trade Review
• /
• v.41 no.1
• /
• pp.21-39
• /
• 2016

The problems of parallel import in China have been becoming hot issues day by day, because the brand name goods' price in China is much higher than in other developed countries. This study researched the parallel import's basic theories and law cases, and analyzed the legal matters of Chinese parallel import system. First of all, China hasn't any law on parallel import so far. So the court judges determined the law cases based on 「patent law」, 「trademark law」 or 「anti-unfair competition law」. Therefore even in the same case, there might be different decisions according to judges or applied laws. This study handled three different law cases on the parallel import. We found some problems of Chinese parallel import system, so our conclusion is that to solve those kinds of problems, China should legislate the new parallel import law as soon as possible.

• International Commerce and Information Review
• /
• v.16 no.4
• /
• pp.79-102
• /
• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• Journal of Korea Port Economic Association
• /
• v.27 no.2
• /
• pp.275-296
• /
• 2011

The purpose of this study was to examine ways of ensuring the efficiency and stability of import-export logistics in our country by introducing an advance presentation system of vessel manifest. This advance presentation system of vessel manifest has already been introduced in the United States, the EU and China whom our country has actively traded with, and the reinforcement of logistics security is a global trend. Under the circumstances, the introduction of the advance presentation system of vessel manifest is required to assist exporters to properly respond to changing trade practices as early as possible, and it's also necessary to exercise stricter control over an import criminal cargo. Our country should urgently introduce the advance presentation system of vessel manifest that is up to global standard, and the establishment of an internet based manifest consolidation and presentation system and the introduction of an export inspection system of port of loading are requested as well. If all the systems are introduced and work properly, that will make a great contribution to the efficiency of import-export logistics in our country.