• Korea Trade Review
• /
• v.41 no.3
• /
• pp.157-176
• /
• 2016

This study is to investigate Trademark Prior Use Defence of prior use party under Trademark Law of the People's Republic of China. Chinese Trademark Law was amended for the third time and this Law shall enter into force on 1 May 2014. This third amendment introduced Prior Use Defence Right of Trademark for the first time. Article 59(3) gives the right to the prior use party for the continuous use of such trademark under the condition that first, an identical or similar trademark has been used in connection with the same goods or similar goods by others before the registrant's application, second, such trademark should have a certain influence in certain market, and third, such aforesaid trademark should be used within the original scope continuously. Then the exclusive right holder of said registered trademark shall have no right to prohibit others from continuous use of such trademark. Korean companies should be aware that it is almost impossible to search prior use trademark before a dispute arises, since the prior use trademark has never been registered. The best way to control the prior use trademark is to superintend aforesaid trademark for the use within the original scope.

• Korea Trade Review
• /
• v.43 no.6
• /
• pp.139-160
• /
• 2018

The purpose of this paper is to analyze how governments determine interim measures based on relevant case studies. In most countries, the arbitral tribunal will recognize the interim measures, but china still recognizes the court's own authority. This is inconsistent with international trend. Although the Arbitration Act and the Civil Procedure Act were amended in 2017, but there is no consistency between these laws and arbitration rules for interim measures. Therefore, this paper analyzes the attitude of the Chinese government to interim measures and suggests practical implications for international arbitration dispute resolutions. Understanding the advantages and disadvantages of temporary measures and timely use in China can play an important role in protecting the rights of Korean companies in commercial arbitration.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.68
• /
• pp.197-218
• /
• 2015

China is a land of guanxi, everything is connected with guanxi. China has a business culture based on guanxi connections underpinned by strong Confucian ethics. However, there are some reasons why it is difficult for western companies to run businesses in China. Firstly, foreign firms lack the understanding and experiences necessary for doing business in China. They don't know the absence of alternatives is one of reasons that guanxi is so powerful in Chinese society. Secondly, there are many misconceptions about guanxi. It is easier for many foreign scholars or businessmen to equate guanxi with corruption due to the ambiguity of guanxi. Thus, if a foreign enterprise possesses guanxi, it can be a source of competitive advantage for doing business due to lack of law systems for anti-corruption activities in China. Furthermore, it is gaining increasing importance not only in Business to Government(B2G) but also in Business to Consumers(B2C) relationships. Therefore,managers should pay great attention to the proper use of guanxi instead of being involved in corrupt behaviours because now the governments hold a strong attitude against corruption. In particular, establishment of working guanxi through red envelops(basically giving money) or illegal gifts can cause a great problem for both parties, which were naturally accepted among most government officials and businessmen until recently.

• Korea Trade Review
• /
• v.45 no.3
• /
• pp.21-33
• /
• 2020

This study aims to determine if the current COVID-19 event can be admitted as an excuse for non-performance in international trade transactions. In order to do so, this study selected case study method in the analysis. Firstly, the definitions of Force Majeure addressed in CISG, UCC, Chinese Law, and Korean Law were organized. Secondly, this study reviewed the avian influenza event in 2006 and the natural disaster event occurred in Guangdong, China, in 2017. In the study, three critical evaluation factors are suggested in order to be admitted as a Force Majeure event in international transactions as following: 1) possibility of foresight of the event, 2) possibility to overcome and avoid the event, and 3) the enterprise's countermeasures of the event. As an implication, this study organized the definitions of Force Majeure that were indicated in various kinds of Laws and suggested the basic framework to analyze the possibility of admittance as a Force Majeure event.

• The Korean Society of Law and Medicine
• /
• v.7 no.2
• /
• pp.311-330
• /
• 2006

As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.

• International Commerce and Information Review
• /
• v.7 no.3
• /
• pp.213-228
• /
• 2005

China is our second largest trade partner and the biggest country of our investment. For this reason, the Korea active strategy for coping with China's changes is very critical at the current point in time due to the economic structure of Korea dependent on exports. This essay is aimed at studying the Foreign Trade Administration System of China and selecting Korea's prospective exports-imports to China. The purpose of this, essay is to help Korean trading corporation to understand the difference between Korea and China in foreign trade administration in order to promote bilateral trade between Korea and China.

• Fourth Industrial Review
• /
• v.2 no.2
• /
• pp.39-46
• /
• 2022

Purpose - This study analyzes the investment environment of South Korea by using the rating scale of Robert B Stobaugh, Jr, and draws conclusion implication. Research design, data, and methodology - The study conducted a survey on according to the political stability, capital repatriation, foreign ownership allowed, discrimination and controls, foreign vs domestic businesses, currency stability, willingness to grant tariff protection, availability of local capital, and annual inflation for last 5 years. The score of these eight aspects will be given based on the current situation in South Korea and the sum of the scores will be calculated. Result - China-Korea economic and trade relations are in a stage of transformation and upgrading, and the level of economic and trade cooperation in various fields is reaching a new level. It is hoped that Chinese enterprises will grasp business opportunities, strengthen research and analysis of the Korea market and achieve mutually beneficial cooperation. Conclusion - The investment environment of South Korea is superior according to the political stability, capital repatriation, foreign ownership allowed, discrimination and controls, foreign vs domestic businesses, currency stability, willingness to grant tariff protection, availability of local capital, and annual inflation for last 5 years.

• Journal of Arbitration Studies
• /
• v.23 no.4
• /
• pp.191-209
• /
• 2013

The amount of international trade conducted through Hong Kong (HK) is increasing, thus rendering the legal framework governing contracts of sale between Mainland China (China) and HK is of particular importance. The status of HK under the CISG is currently unclear, however. First, the CISG entered into force in China in 1988. This important development had no legal effect for HK though as China lacked the power to enter into international conventions for HK. Second, the "Letter of Notification" deposited to the Secretary-General of the UN referred a list of treaties to be applied to HK, taking effect from July 1, 1997. This list, however, made no mention of the CISG. Third, China made a reservation in Article 95 of the CISG. Pursuant to Article 1(1)(b) of the CISG, the CISG cannot apply to HK. As a result, the Chinese Arbitral Tribunal apply the Chinese law according to the closest connection principle with the contract. In this case, attention must be given to the different result to which the CISG is applied. Liability for damages pursuant to the Chinese Contract Law (CCL) is just the same as Article 74 CISG, but CCL does not govern the case with substitute transaction and without substitute transaction when the contract is avoided. Therefore, the contract should be governed by the CISG from a business perspective when a contract is concluded between China and HK; otherwise, a promisee could not be fully compensated for all loss incurred.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.23
• /
• pp.341-372
• /
• 2004

Since China was admitted to the World Trade Organization (WTO) on December 11, 2001, China has sped up its active participation in the competition of the world economy by lifting its trade and investment restrictions and limits. Its trading system is getting more and more free and its huge market with a population of 1.3 billion has been getting more and more open. With Chinas WTO accession, China has been honoring its commitments to its WTO members by complying with international business practices and WTO rules. For example, it will cut down its import tariffs for automobiles from the present 80% to 25% by 2006. Its financial sector and service industries are open to foreign investors now. As Chinas biggest business partner, Japan has benefited tremendously from Chinas open policies and deepening economic reform. In order to reduce the costs of production, a large number of enterprises from Japan have set up production bases in China since a Chinese workers wages accounts for only one tenth of those of a Japanese worker on the average. Japan has become one of Chinas biggest investors on a par with the United States of America (USA). How are the Japanese enterprises in Japan and in China adjusting themselves to the rapid changes of the Chinese market? What characteristics do the Japanese enterprises in China have? What effects has Chinas WTO accession had on those Japanese enterprises that have invested in China? This paper finds answers to the above questions. It at first reviews the Sino-Japanese economic and trade relations since 1980s, then analyses the situation and characteristics of Japanese-invested enterprises in China, and explores their problems in China. Finally it puts forward some suggestions for the Japanese enterprises in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.35
• /
• pp.223-247
• /
• 2007

This paper focused on analyzing the effect against the Chinese Economy of Korea-China FTA and the trend of China-launching FTAs. And then this paper intended to deduce policy implications against the negotiations of Korea-China FTA. The points that Korea should consider in the process of the research and negotiations of Korea-China FTA are as follows: First, it is necessary that Korea should negotiate with China only in terms of the economic sector, excluding non-economic sectors which includes politics, national securities and so on. Second, Korea should put on the lists the every possible sectors that Korea has comparative advantages in. It is essential that the sectors include services in trade, TRIPs, ect. Third, the Korean government should put investment arrangements on the negotiating lists and ask China to afford a special favor to Korean investment In China. Forth, the Korean government should set the level of its tariff, considering the nation's trade deficit that Korea-China FTA will bing about.