知的財産權에 관한 韓美間의 通商紛爭과 眞正商品의 竝行輸入 許容法理의 再檢討

Every year, the U.S. asks other countries to protect its intellectual property rights and makes the protection of intellectual property rights trade disputes. The U.S. lists Korea, having its trade much with the U.S., on PWL and presses Korea to protect intellectual property, reasoning of U.S.'s unsatisfaction of the Korean Government's efforts. Korean Government prepares a protection plan for intellectual property rights and makes efforts to avoid the trade pressure from the U.S. Korean Government's efforts include a policy about parallel importation of genuine goods. At this time, reviewing the rationale of the policy for parallel importation of genuine goods is helpful to prepare an international fair trade plan. TRIPs endows member states with the right to regulate parallel importation of genuine goods. Although most of member states permit parallel importation of genuine goods, the rationale of the permission of parallel importation of genuine goods is not accorded among those states. Strictly speaking, the genuine goods produced in a foreign country are not genuine goods in the importing country because the goods are not produced under the law of the importing country. The U.S. applies this rationale to the parallel importation of genuine goods. In Korea, parallel importation of genuine goods is allowed but the rationale is not firmly established. The U.S., taking the principle of territorial privilege for jurisdiction, allows certain types of parallel importation of genuine goods as well as many other countries allow parallel importation of genuine goods. Then, the U.S. will not be able to stand against Korean Government's policy of allowing parallel importation of genuine goods.