通商이슈로서의 竝行輸入: 무엇이 問題인가?

Abstract

Parallel importing is a well documented issue in many countries with substantial depth of study and research already in store. Parallel importing refers to the importation of a product through channels other than those arranged between the manufacturer of the product and its authorized distributors. The motive for parallel importing arises where there is a price discrepancy for the same product in different countries, creating opportunities for parallel importers to find the national markets where goods are cheapest, and import them into countries with higher prices. There have been assertions that parallel importing involves several intellectual property rights(IPRs) violations, and therein lies the problem. The recent discussions in the TRIPs on parallel imports have centered around public health and developing countries' access to pharmaceuticals. The current article examines the TRIPS discussions and main issues including public health, the doctrine of the exhaustion of IPRs, compulsory licensing, and the decisions made at the Doha Ministerial Conference; analyzes the relationship between parallel imports and the exhaustion of IPRs; reviews both legal and economic approach to the standards for permitting parallel imports. The current article draws a number of guiding principles in permitting parallel imports, and reaffirms the need for further studies.