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Subject |
Parallel Import System |
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20 |
Name |
IP_Park |
Date |
2003/10/31 16:14:53 |
Homepage |
http://www.ippark.com |
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Parallel Import System to be introduced in Nov. 1995
1. With regard to the trademark rights, the Korean Government has permitted the parallel importation of genuine goods since November 7, 1995. Under the Regulations for Import/Export Procedure for the Protection of Intellectual Property Rights of the Korea Customs Service, and the Monopoly Regulation and Fair Trade Act of the Korea Fair Trade Commission, the parallel importation of genuine goods by a third party as well as by a single exclusive import agent are freely permitted in the following cases:
a. in case an importer is the trademark owner of a foreign mark registered in Korea or its subsidiary;
b. in case an importer is an import agent of the trademark owner of a foreign mark registered in Korea; or
c. in case an importer is an exclusive licensee of a foreign mark registered in Korea.
However, there is one exception. If an exclusive licensee manufactures and sells 100% of the licensed goods bearing the foreign mark in Korea instead of importing the finished goods from a foreign country, then the parallel importation is not permitted. However, if an exclusive licensee does not manufacture and sell 100% of the licensed goods bearing the foreign mark in Korea, a trademark owner as well as an exclusive licensee can not prohibit the parallel importation made by third parties.
2. In the past, an importer of a genuine product enters into a licensing contract with the foreign manufacturer on the use of the trademark in the country to exercise an exclusive right to import the item. Other importers are then banned from bringing in the product, while the local licensee usually sells the imported product at an excessive profit.
However, under this system, importers were allowed to bring foreign trademarked goods into the country without obtaining approval from those who have exclusive rights to import the products. This system has also provided consumers with opportunities to choose a wider range of products, prices, quality and after-sale services. |
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