Enforcement of Counterfeiting by Domestic Criminal Measures: Focusing on Republic of Korea and European Union Free Trade Agreement

ACKNOWLEDGEMENT

I, (Your name), would like to declare that all contents included in this thesis/dissertation stand for my individual work without any aid, & this thesis/dissertation has not been submitted for any examination at academic as well as professional level previously. It is also representing my very own views & not essentially which are associated with university.

Signature: _______________________________

Date: __________________________

DECLARATION

I , hereby declare to the best of my knowledge that all the contents of this thesis represent my personal authentic work, and that no such thesis has been previously submitted for any academic examination or any other qualification. Additionally, it is a representation of my own personal opinions, and does not have anything to do with those of the University.

Signed: __________________. Date: _________________.

ABSTRACT

In recent years, many efforts from developed and developing countries have been observed in concluding bilateral agreements of deregulating trade tariff. In the line of the global stream in order to expand each parties export ground without tough tariff barrier, EU has concluded one another FTA with South Korea, the first Asian FTA opponent party of them. However, EU expresses more concerns over KOREA-EU FTA than the negotiation with the other countries by raising questions on infringement of IPRs on their products which could threaten EU member states' exports benefits. Unconstitutional infringements on Intellectual Property Rights, e.g. counterfeiting goods, hinder the international commerce between countries participated in the bilateral negotiation. Because of this reason, many of developed countries and international organisations have already completed a framework to eliminate the trespass of IPRs or are now designing treaties such as Trade-Related Aspects of Intellectual Property Rights Agreement and the Anti-counterfeiting Trade Agreement to prevent counterfeit activities. Thus, it is strongly requested by international society that South Korea should increase the level of IPRs protection such as criminal enforcement measures in order to match the global standard.

TABLE OF CONTENTS

ACKNOWLEDGEMENTii

DECLARATIONiii

ABSTRACTiv

CHAPTER 1: INTRODUCTION1

CHAPTER 2: THE SOUTH KOREA-EU FREE TRADE AGREEMENT5

2.1Background Information of South Korea-EU Free Trade Agreement5

2.2Economic Effects of the South Korea-EU FTA7

2.2.1Anticipation of EU8

2.2.2Anticipation of South Korea9

2.3Intellectual Property Rights Protection of South Korea-EU FTA10

2.3.1Provisions of Intellectual Property Rights of the South Korea-EU FTA11

2.3.2Review of Provisions of the Chapter 10 of the South Korea-EU FTA12

2.4Enforcement of IPRs in the South Korea-EU FTA14

CHAPTER 3: INTERNATIONAL DISCUSSION ON ENFORCEMENT OF COUNTERFEIT GOODS AND PIRACY16

3.1Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs Agreement)18

3.1.1Article 61 of the TRIPs Agreement19

3.2Case between US and China in regard to Enforcement of Counterfeiting20

3.2.1Criminal Thresholds21

3.2.2Border Measure22

3.2.3Chinese Copyrights Law23

3.2.4Review of the Case25

3.3Anti-counterfeiting Trade Agreement (ACTA)26

3.3.1Criminal Enforcement of Intellectual Property Rights of the ACTA27

CHAPTER 4: APPROPRIATE IMPLEMENTATION OF CRIMINAL ENFORCEMENT OF IPRS FOR SOUTH KOREA31

4.1Current IPRs Enforcement system of South Korea and EU31

4.1.1IPRs Enforcement mechanism in EU32

4.1.2IPRs enforcement mechanism in Korea34

4.2Suggestions35

4.2.1Criminalise IPRs infringement in the General Penal Code36

4.2.2Penalise IPRs infringement without the need for a formal complaint by a right holder38

CHAPTER 5: CONCLUSION40

BIBLIOGRAPHY42

CHAPTER 1: INTRODUCTION

In recent years, many efforts from developed and developing countries have been observed in concluding ...