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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 -
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 장승화 | - |
dc.date.accessioned | 2009-09-28 | - |
dc.date.available | 2009-09-28 | - |
dc.date.issued | 2005 | - |
dc.identifier.citation | 법학, Vol.46 No.3, pp. 39-75 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9908 | - |
dc.description.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 KTCs 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... | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2005학년도 학술연구비
의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 수산업(김) 분쟁 | - |
dc.subject | PDP 분쟁 | - |
dc.subject | 산업피해 구제법 | - |
dc.subject | TRIPS 협정 | - |
dc.title | WTO 협정과 국내법 -한,일간 PDP 특허 관련 무역분쟁의 시사점- | - |
dc.title.alternative | WTO Agreements and Municipal Laws - A Lesson from Recent PDP disputes between Korea and Japan - | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Chang, Seung Wha | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 75 | - |
dc.citation.number | 3 | - |
dc.citation.pages | 39-75 | - |
dc.citation.startpage | 39 | - |
dc.citation.volume | 46 | - |
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