Heesob Nam | infojustice

Resolution supporting the TRIPS waiver proposal introduced in the Korean National Assembly

Posted by Heesob Nam | Apr 10, 2021 | Coronavirus, Domestic Legislation

[Heesob Nam] Knowledge Commune, in collaboration with the Justice Party, successfully mobilized the members of the National Assembly of the Republic of Korea to introduce this resolution… Recognizing that in this hyper connected global community COVID-19 pandemic can only be put an end by vaccination in every country, not in certain countries; Confirming that addressing of vaccine inequality is the key for ending COVID-19 pandemic; Recognizing that high income countries acquired two-thirds of the vaccine supply, accelerating vaccine inequality, and if this continues we have to wait until 2022 for herd immunity in low- and middle- income countries, which is estimated to produce an economic loss of UDS 9.2 trillion globally; Click here for more.

Contribution of piracy to the purchase of copyrighted contents

Posted by Heesob Nam | Jul 8, 2020 | Empirical Research

[Heesob Nam] Piracy is a political term used to label to every unauthorized use of copyrighted content as “illegal looting,” and to justify strengthened copyright enforcement . The copyright industries, including MPAA, BSA and IFPI, have estimated huge economic harms caused by piracy. Yet some literature show piracy having a positive effect on legal purchases of cultural products. Here is one example, which comes from a Korean public agency.

How did fair use get into the Korean Copyright Act?

Posted by Heesob Nam | May 12, 2020 | Domestic Legislation, Fair Use, Korus FTA

As I explained in my previous blog post, the open-ended fair use clause in the Korean Copyright Act (“KCA”) was introduced in 2011 in the course of implementing the Korea-US FTA (“KORUS”). Yet, this does not mean that KORUS mandates legislation of fair use. Instead, KORUS restricts the scope of fair use. Footnote 11 of KORUS §18.4:1 mentions fair use, but it’s purpose is to make clear that any limitation or exception to the reproduction right to temporary storage is restricted to the controversial three-step test, and even when Korea or the US introduces or maintains fair use, the three-step test prevails… Therefore, it is fair to say that the fair use clause of KORUS is a sort of by-product produced in a way that Korean government blinds dark sides of the overly expansive KORUS protection of copyright in temporary storage.

Criminal Enforcement of Copyright and Unintended Consequences

Posted by Heesob Nam | Sep 23, 2019 | Empirical Research, Korus FTA

[Heesob Nam] 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.

Changes Induced by Open-Ended Fair Use Clause: Korean Experiences

Posted by Heesob Nam | Oct 20, 2016 | Domestic Legislation, Domestic Policies, Korus FTA, Limitations and Exceptions

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...

Court-Ordered Disclosure of the Negotiating Documents of Korea-U.S. FTA

Posted by Heesob Nam | Jan 25, 2016 | Korus FTA

This is a rare victory. The court has long been reluctant to raise hands of individuals having rights to know, especially when it comes to trade agreements. Back in 2007 when the KorUS FTA talk was close to a conclusion, the...

US Ambassador Confirmed Patent Linkage Under Korea-US FTA Includes Biologics – and US Seeks the Same in TPP

Posted by Heesob Nam | Mar 11, 2015 | Bilateral Trade Pressures, Korus FTA, TPP

[Cross posted from Heesob’s IP Blog, Link] One of the controversies in implementing the KorUS FTA is whether biological products are subject to the patent linkage obligation of the KorUS FTA. The debate was provoked by the...

TPP and Withdrawn Proposals of the US in the negotiation of the US-Korea FTA

Posted by Heesob Nam | Dec 2, 2013 | Korus FTA, TPP

[Cross posted on Heesob’s IP Blog] The followings were demanded by the U.S. negotiators but eventually withdrawn during the negotiation of FTA with South Korea. Patent term extension due to an approval delay: The US...

Korean Legislation Would Require Mandatory Human Rights Impact Assessments for Trade Agreements

Posted by Heesob Nam | Nov 6, 2013 | Trade Agreements

Trade agreements have been evaluated in economic terms, but the impact of trade agreements is not limited to economic life. They have human rights dimensions in many aspects. For instance, trade agreements containing the...

Korean Copyright Reform Bill, and Opposition from the Copyright Industries

Posted by Heesob Nam | Apr 23, 2013 | Domestic Legislation

As you may well know the three-strikes-out rule was first enacted in S. Korea in 2009. Also this country introduced in 2006 a filtering obligation upon P2P and cyberlocker service providers. In January, Mr. Choi introduced a...

National Human Rights Body Recommends Abolishing Three-Strike-Out Rule

Posted by Heesob Nam | Mar 28, 2013 | Domestic Policies, Limitations & Exceptions to Copyright

[Reposted from http://hurips.blogspot.kr] Today the National Human Rights Commissionof S. Korea published a special report on information human rights. It is the first report comprehensively discussing the progress of...

Author: Heesob Nam

Resolution supporting the TRIPS waiver proposal introduced in the Korean National Assembly

Contribution of piracy to the purchase of copyrighted contents

How did fair use get into the Korean Copyright Act?

Criminal Enforcement of Copyright and Unintended Consequences

Changes Induced by Open-Ended Fair Use Clause: Korean Experiences

Court-Ordered Disclosure of the Negotiating Documents of Korea-U.S. FTA

US Ambassador Confirmed Patent Linkage Under Korea-US FTA Includes Biologics – and US Seeks the Same in TPP

TPP and Withdrawn Proposals of the US in the negotiation of the US-Korea FTA

Korean Legislation Would Require Mandatory Human Rights Impact Assessments for Trade Agreements

Korean Copyright Reform Bill, and Opposition from the Copyright Industries

National Human Rights Body Recommends Abolishing Three-Strike-Out Rule

Search

Follow

PIJIP

Infojustice Roundup

Free to Share

Blog Categories

Comments on:

Civil Society Documents

Comments on:

industry | infojustice