• 발명특허
• /
• v.37 no.7
• /
• pp.24-27
• /
• 2012

• Journal of Arbitration Studies
• /
• v.23 no.1
• /
• pp.25-53
• /
• 2013

With the Korea-China FTA negotiations currently on the line, the importance of research into the FTA dispute settlement system has been increasing. In this paper, a comparison of Korea and China's FTA dispute settlement agreements concluded with ASEAN is contemplated, and implications for the future of the Korea-China FTA have been suggested. The FTA dispute settlement agreements with ASEAN concluded by both Korea and China provide perspectives on both sides. This agreement with ASEAN also provides a standard for the potential Korea-China FTA agreement. Specifically, the basis of these agreements with ASEAN is the same, although there are clear distinctions, described in a more detailed manner. A problem arises when there has been no discussion on dispute settlement agreements in Korea, especially of the agreement with ASEAN, whereas the opposite is true of the China counterpart. In this paper, Chinese academic FTA dispute settlement agreement studies have been also examined.

• 열린충남
• /
• s.68
• /
• pp.12-18
• /
• 2014

• Journal of Arbitration Studies
• /
• v.23 no.1
• /
• pp.153-175
• /
• 2013

The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

• 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.

• International Commerce and Information Review
• /
• v.15 no.4
• /
• pp.367-387
• /
• 2013

19) This research investigates the satisfaction level of both countries' export companies about the export insurance system which can cause problems in Korean-Chinese FTA in this age of spreading FTA. Through this research, it surveys of the system user satisfaction of two nations based on the characteristics of export insurance systems in South Korea and China. The satisfaction level of export credit insurance system is as follows: Awareness of credibility (3.53), awareness of exporting area (3.38), awareness of risk management (3.29), awareness of market change (3.14), awareness of insured accident (3.24), and awareness of regulations (3.03) present positive responses to the export insurance system but awareness of defective product (2.97) was relatively unsatisfied. Though it is hard to compare directly due to the differences between the exporting systems of Korean and China, this research shows the need of various export insurance products, and that most export companies in Korea and China are generally satisfying with export insurance products at present.

• Journal of Digital Convergence
• /
• v.13 no.10
• /
• pp.9-17
• /
• 2015

China is the largest e-commerce market in the world. The Chinese online retail market is almost 40% larger than the US, and together these markets account for more than 55% of worldwide e-commerce. The Korea China FTA is likely to facilitate e-commerce activity between the two countries, as well as trade in the goods and services that enable e-commerce. Korean consumer goods can enjoy the benefits of the FTA because it has a competitive advantage in the Chinese market in terms of technology and quality. The purpose of this study is to examine legal issues of e-commerce chapters of the Korea China FTA and policy implications. Results of the study show that several implications based on the export vitalization of cross-border e-commerce of Korean products are offered. The Korean government needs to do the following: prepare for the subsequent negotiation of the e-commerce agreement, prepare for the classification issue of electronic transmissions, require mutual recognition of electronic authentication and electronic signatures, prepare for e-commerce dispute settlement mechanism and establish of strategies for the export vitalization of e-commerce.

• The Journal of the Korea Contents Association
• /
• v.22 no.7
• /
• pp.216-226
• /
• 2022

With the signing of the China-Korea FTA agreement, it is of great practical significance to study the potential of electronic product trade between China and South Korea under the new situation to promote the development of electronic product trade between the two countries. Based on this, this paper selects the data related to the trade of electronic products between China and South Korea from 2005 to 2019. First, it analyzes the factors of the trade potential of electronic products between the two countries by building a trade gravity expansion model, and then calculates and compares the electronic products between China and South Korea. trade potential. The research results show that: (1) The economic scale, population scale and APEC member countries have a promoting effect on the trade volume between China and South Korea. The geographical distance has an inhibitory effect on the trade volume between China and South Korea. Trade freedom has a significant misuse of promotion for China's electronics trade, while it has no significant effect on South Korea's electronics trade. (2) After 2015, China's electronic product export trade potential to South Korea is huge. There is also a certain potential in South Korea's trade in electronic products with China, which needs to be explored with active policies.

• International Area Studies Review
• /
• v.13 no.2
• /
• pp.573-600
• /
• 2009

Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

• Korea Trade Review
• /
• v.42 no.2
• /
• pp.297-318
• /
• 2017

This study reviews the origin verification system of China via literature research and analyzes cases of Korean exports origin disapproved of Chinese customs clearance, to provide origin verification strategy recommendations for Korean companies exporting to China under Korea-China FTA. We reviewed the provisions of Chinese rules of origin and analyzed origin disapproved cases gathered from various presentations. The main results of the study have the following implications; First, the customs authority needs to establish a consultation channel with the customs authority of China, and origin certification issuing agencies should provide exporters with consulting services in the certificate issuing stage to reduce verification risk. Second, exporters need to pay attention to the formal requirements of the proof of origin, utilize the advance rulings program of differences in classification of items between Korea and China, and monitor regulatory change in China.