• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 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 the Korea Society of Computer and Information
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• v.28 no.12
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• pp.267-279
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• 2023

The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

• Journal of Embryo Transfer
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• v.1 no.1
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• pp.16-27
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• 1986

Based on the current importing and exporing regulations for disease control of embryo transfer, some important microorganisms and their control possibilities are reviewed. The results reviewed were sumrnarized as follows: 1. Regulations regarding to the import of embryos vary between importing and exporting countries, but exporting countries examine the donor and embryos for the heaith certification by the requirements of importing countries. 2. Organisms that infect the gametes are 5 kinds of viruses and the diseases caused by them could not be controlled or eradicated using embryo transfer. 3. Organisms that do not infect the gametes are 4 kinds of viruses and the causal organisms are potential candidates for control or eradication by embryo transfer. 4. Organisms that penetrate the zona pellucida and infect the embryo are 6 kinds of viruses including bovine viral diarrhea virus. 5. Organisms that cannot penetrate the zona pellucida or do not infect the embryo are 15 kinds of viruses and the removal from their contaminations are recommended by proper washing procedure and antisera treatment. Bovine and porcine parvovirus, porcine pseudorabies virus and vesicular stomatitis virus are included in these organisms. 6. Bovine embryos that artificially exposed to various pathogenic organisms such as bovine herpes virus, IBR virus, bluetongue virus, bovine viral diarrhea virus and Brucella abortus in vitro are discussed about their infection by several treatments.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.74
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• pp.81-103
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• 2017

The cross-border trade(CBT) market has grown significantly due to the global spread of the Internet and mobile. China has become a very important market because of its share of 78% in 2016 in the export of korea's CBT. To sum up this phenomenon, First, the forms of distribution and trade, in which the O2O method is utilized, are settled. Next, it is necessary to develop a new strategy to expand the stagnant export of Korea. In particular, it is time to look for an effective export expansion strategy to expand market share in the fast-growing Chinese market. For this purpose, this study proposed a strategy for efficient use of logistics as a countermeasure against China's CBT laws and regulations and development of CBT exports to China to develop effective export strategies.

• International Commerce and Information Review
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• v.7 no.4
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• pp.409-433
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• 2005

The lighting equipments industry in Korea has been characterized as high-costly and low-efficient, and has been decreasing in its international competitiveness since the birth of the WTO. The industry has been exposed to a harsh competition with large quantities of cheap imports from China and has been influenced by the unfair trade of Chinese enterprises. Korea Trade Commission and other related government bodies in Korea are required to enforce import regulations against Chinese products and investigate thoroughly unfair trade practices including false indication of country of origin, infringement of intellectual property rights and dumping.

• Journal of the Korea Society of Computer and Information
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• v.22 no.1
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• pp.99-106
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• 2017

In this paper, the first to identify in detail the direct and indirect causes of trade claims and to provide a way to prevent the causes and measures specific claims. Trade claims is not the best way to prevent in advance, measures to prevent future trade claims is as follows. First, it should be the credit investigation of the counterparts. Second, the contract must determine the rights and obligations of each other through sufficient consultation with contract and faithfully perform its contractual obligations. Third, the explicit trade arbitration clause of arbitration in the contract, and shall be a sufficient review of the procedure such as import and export, international business practices, norms and partners of economic policy, foreign exchange regulations, the trade system transactions. Finally, for it is to be treated as a one-stop strengthening the organization and function, and the Ministry of Commerce and Trade Association, and KOTRA and Trade Insurance Corporation strategic support systems, such as done by covering the work on trade claims prevention and resolution in the Korean Commercial Arbitration Board.

• Food Science and Industry
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• v.51 no.3
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• pp.218-228
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• 2018

The government should establish internationally harmonious regulations for effective import and export of necessary resources to other countries. However, the use and the number of pesticides used for the same purpose on same crops are depending on the soil and the climate where the crops are grown. Therefore, if internationally harmonized standards are difficult to establish, it is mandatory to conduct a risk assessment based on scientific data to reflect the domestic situation in order to avoid trade friction or conflict between countries. The government is preparing the implementation of a more regulated PLS (positive list systme) than the existing pesticide management system for safer pesticide management reflecting the recent increasing imported food, changing dietary habits, and changing climate. In order for effectively safe and scientific management of pesticides, the government should strive to communicate with consumers properly and the perception of pesticides by consumers should also be changed.

• Journal of Korea Trade
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• v.27 no.5
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• pp.41-62
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• 2023

Purpose - This paper examines whether the imposition of countervailing duties by the United States on undervalued foreign currency is legally consistent with the WTO's SCM Agreement. Design/methodology - The study uses a methodology that involves analyzing relevant WTO agreements, prior panel reports, Appellate Body decisions, and other legal documents. Findings - The findings suggest that to impose countervailing duties, certain legal requirements must be met, including financial contribution, benefit, and specificity. The paper also notes that when calculating the benefits of undervalued foreign currency, losses from import activities due to currency undervaluation must be considered. Additionally, classifying all exports to the US under specific industries or business groups is likely to be inconsistent with the SCM Agreement. Originality/value - Even the US countervailing measures on exchange rate subsidies may not comply with WTO regulations due to incorrect calculation of benefits and a lack of specificity, however, it suggests that when intervening in the foreign exchange market, the measures should aim to achieve only minimum policy goals.

• Environmental Analysis Health and Toxicology
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• v.24 no.4
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• pp.271-286
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• 2009

This internet search was made to collect background information for a short-term training proposal for securing a national critical mass in ecological risk assessment the need of which is drastically increasing in every sector of Korean society due to the advent of new environmental regulations in industrialized countries, such as EU REACH. This study depended mainly on internet search engines and individual home pages of concerned universities, colleges, and organizations involved in short-term training. Out of lecture titles and syllabus of 200 Korean universities, 86 Japanese national universities, and numerous English speaking educational and training institutions in the world, 60 syllabi were selected and analysed for comparison purpose. Conclusion from the analysis is as follows: Firstly, individual component lectures for ecological risk assessment is provided at different departments in Korea, but no lecture is at present given under the sole title of ecological risk assessment. Secondly, several lectures under the title of ecological risk assessment are open in English-speaking industrialized countries. Lectures as well as technical training and field studies are emphasized in those courses. Lecturers from the regulatory authorities are also involved in those courses. Several short-term training courses are also under operation. Thirdly, it was concluded that the difference in the level of education/training in ecological risk assessment is originated from the substantive requirement of ecological risk in the concerned laws and regulations. Therefore, it is suggested that training of domestic man power in this area is urgent to cope with the industrial pressure imposed by the environmental regulations concerned with chemicals/articles import and export from/to industrialized countries and also to upgrade the domestic laws and regulations.

• Convergence Security Journal
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• v.13 no.5
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• pp.27-35
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• 2013

There has been a adverse balance between Korea and U.S. in defense trade. This paper investigates the current status of the defense trade imbalance in terms of numerical values, and also analyzes the institutionalized barriers to Korea defense exporters imposed by laws and regulations. It is found that the amount of Korea defense import is several tenfold that of the export to U.S. in 2011. The barriers are analyzed to be the american laws and regulations. The buy american act is applied to the U.S government procurements and the Berry amendment is applied to the defense procurements. These two laws has been implemented by the defense federal acquisition regulation which allows U.S. Dept. of Defense to buy only american products. To overcome the barriers, Korea ought to sign a defense MOU with U.S., so that the buy american act and the Berry amendment can be waived.