SHERP

WTO 협정과 국내법 -한,일간 PDP 특허 관련 무역분쟁의 시사점-
WTO Agreements and Municipal Laws - A Lesson from Recent PDP disputes between Korea and Japan -

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Authors
장승화
Issue Date
2005
Publisher
서울대학교 법학연구소
Citation
법학, Vol.46 No3 pp.39-75
Keywords
수산업(김) 분쟁PDP 분쟁산업피해 구제법TRIPS 협정
Abstract
A series of disputes arose between Korea and Japan, which involved patent
infringement claims for PDP products. In the first dispute between Samsung and
Fujitsu, the Customs Office of Japan suspended liquidation of Samsung's
imported PDP products into the Japanese market. In return, in the second dispute
between LG and Matsushita, the Korean Trade Commission (“KTC”) granted a
provisional measure which enabled the Customs Office of Korea to suspend
liquidation of Matsushita's PDP products into the Korean market. Although both
disputes were resolved as a result of settlements, these disputes triggered an
important issue of whether suspensions of liquidations in both cases are
inconsistent with Part III, Sections 3 & 4 of the TRIPS Agreement. This paper
analyzes this.
This paper demonstrates that the Customs Tariff Law of Japan is inconsistent
with Article 53 of the TRIPS Agreement in terms of its time limit for release of
suspension which is established under Article 21-5 of the Customs Tariff Law of
Japan. In consequence, suspension of liquidation by the Customs Office of Japan
is also inconsistent with the same article under the TRIPS Agreement. It appears
that the same measure is in violation of national treatment obligations under the
TRIPS and GATT Agreements.
On the other hand, this paper shows why and how the KTC’s provisional
measure and its related measure, suspension of liquidation by the Korean
Customs Office, can be consistent with relevant provisions of the TRIPS
Agreement. The author also argues that the conformity with the TRIPS...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9908
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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