Anti-Competitive Practices as Trade Barriers Used by Korea and Japan: Focusing on Intellectual Property Market
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Abstract
This study shows that the anti-competitive practices as trade barriers in intellectual property market of the two countries have almost identical characteristics as shown in the study that the author made about their service market and somewhat different from their commodity market which revealed that there were substantial differences between the anti-competitive practices of the two countries market. Considering the overall intellectual property-related situations of the two countries, even though the governments of both countries have systematically and legally tried to achieve the international standards in regulating intellectual property market, particularly under pressure from their trade partner countries, it will take substantial time to eliminate the real gap between both countries' policy objectives and those required by the TRIPS or their trade partners. The similarity of the anti-competitive practices in intellectual property market between the two countries could not be illustrated as, so called, the significant difference in the level of over-all development between the two countries. These analytical results imply that such social/cultural aspects of the intellectual property market should be treated differently from the controversial aspects in the TRIPS mechanism between the developed and the developing countries. This study is limited by the fact that the anti-competitive practices of both countries have been comparatively reviewed from the viewpoint of international trade norms or competition norms that have only been discussed but not yet established, without consideration of other external factors, which is expected to be followed by an interdisciplinary analysis of the anti-competitive practices of the two countries' intellectual property market.
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