Criminal Enforcement of Copyright and Unintended Consequences

Soon after the signing of the Korea-US FTA (“KORUS”) in June 2007, South Korea experienced a dramatic increase of complaints of copyright crime from 2007. Around one hundred thousands of persons were accused of copyright infringement in a year, and juvenile’s victims occupied 24% in 2008.[1] But the actual indictments by the prosecutors were very small: from …

Patent Linkage and its Reform

The US has disseminated TRIPS-plus rules through FTAs. One of them is a so-called drug approval and patent linkage system. South Korea imported the linkage system in 2012, and the Korean model was fully implemented from March 15, 2015. After four-year experience, the Korean government, specifically the Ministry of Food and Drug Safety, tries to revise the linkage system. Still we don’t …

Letter between USG and SKG on confidentiality of KORUS renegotiation documents

January 5, 2018 Michael BeemanAssistant United States Trade RepresentativeOffice of the United States Trade RepresentativeWashington, D.C. Dear Mr. Beeman: This letter is to acknowledge receipt of your letter of this date, which reads as follows: “In preparation for initiating negotiations on amendments and modifications to the United States-Korea Free Trade Agreement (KORUS), I would like to outline …

Letter between EC and SKG on confidentiality of negotiation documents of the EU-Korea FTA

Transparency is crucial in legitimacy of bilateral trade agreement. The negotiation of the EU-Korea FTA, like other FTAs, was made in secrecy. This letter shows the agreement between the EC and the South Korean government to keep the negotiation documents of the EU-Korea FTA for three years after its entry into force. Conversely, this means …

CSOs’ letter to RCEP negotiators calling for meaningful consultation sessions

Dear Ministers of Trade & Negotiators from RCEP Negotiating Countries, The 20th round of the Regional Comprehensive Economic Partnership (RCEP) negotiations is taking place from 17-28 October 2017 in Songdo, Korea. [1] RCEP negotiations include chapters on goods, services, investment, intellectual property etc and the proposed provisions in these chapters affect the daily lives of the …

Written Opinion on RCEP to South Korean Government and Request for a Face-to-Face Meeting and Public Hearings

This is English translation of the written opinion (Korean) submitted to the Korean Ministry of Trade on July 25, 2016. For PDF file, click here (Korean text, English text). Pursuant to Article 8 of the Act on the Procedures for Concluding Commercial Treaties and the Implementation Thereof, we, the undersigned organizations and individuals, submit a written …

KORUS negotiation documents (Preamble for Investors) disclosed by the Supreme Court Order

Now we got a piece of negotiation documents of KORUS FTA. They reveal the US unilateralism, which will be pursued more strongly by the Trump Administration. Efforts of Korean negotiators to insert “Korea” into the KORUS Preamble were all failed. Compare the final text and failed proposals of South Korean Government (SKG). US Proposal (16 June 2007) …

Changes induced by open-ended fair use clause: Korean experiences

[Also posted at http://infojustice.org/archives/37215] South Korea has a civil law tradition based on the modern European civil law systems. The civil law tradition was one of the obstacles when civil societies and lawmakers tried to introduce flexible and open-ended fair use exceptions into the Korean Copyright Act (“KCA”) in 2005 and 2009. According to opposers, the …