온라인 쇼핑몰에서의 진정상품병행수입에 대한 연구

Abstract

The parallel importation of genuine goods is caused by the price discrimination policy of multi-national companies and the exchange rate policy of different countries. This importation can have positive effects such as the reduction of the international price gap and the purchase of products by consumers according to their needs. Therefore Most countries allow the parallel importation of genuine goods on the basis of international incidences or trademark functionalities. Korea does not recognize the importation of such genuine goods under the Korea Customs Service Act, but it provides for the requirement for the parallel importation of genuine goods to be recognized through the "Notification on the processing of export and import customs offices for the protection of intellectual property." The court also said that the parallel importation of genuine goods is allowed, if the goods are genuine, if the trademark attached to the imported goods indicates the same source as the Korean registered trademark, and if there is no real difference in the quality of the goods, such as the type of products not changed or quality has not changed. Although such importation is allowed in certain cases, advertising activities are necessary for parallel importers to make profits by selling them here. In this regard, the case is that the passive sale of parallel goods by parallel importers in Korea is not a trademark infringement nor an illegal competition under the Anti-Competition Act. However, the actively advertising action by parallel importers using trademarks in Korea is not a trademark infringement based on the trademark's functional theory, but in principle, it constitutes an act of unfair competition under the Anti-Competition Act. Of course, in this case, parallel importers’ advertising on signs, packaging and shopping bags, and advertisements in the store is not unfair competition behaviour, but advertising on internal signboards in offices, sales offices, and stores and business cards is unfair competition behaviour. However, it is unlikely that this case will be applied to online shopping malls. Since Activities for passive sales of genuine goods in online shopping malls are different from those of offline ones, the concept of mixed sales under the anti-competition law should be thoroughly examined. Thus, in order to avoid this legal problem, parallel importers may also indicate that the products they sell in online shopping malls are genuine goods.