Amendment to Unfair Trade Practices Investigation Regulations... "Increased Transparency and Predictability"

Trade Commission Revises 'Unfair Trade Practice Investigation Procedure Regulations' and 'Unfair Trade Practice Investigation Practical Guidelines'

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[Asia Economy Reporter Moon Chaeseok] The Trade Commission announced on the 19th that it will amend and implement the "Regulations on Investigation Procedures for Unfair Trade Practices (Notice)" and the "Practical Guidelines for Investigating Unfair Trade Practices (Directive)" starting from the 20th.

The revision was promoted to enhance the transparency and predictability of the unfair trade investigation system and to investigate and handle more systematically and efficiently acts of export and import involving intellectual property rights infringements such as patent rights and trademark rights.

Concept of Unfair Trade Practice Investigation System. (Source: Ministry of Trade, Industry and Energy Trade Commission)

First, the investigation procedure deadlines were expanded and newly established to increase the predictability of the investigation system.

The supplementation period for investigation application documents, which was previously within 10 days (directive), was expanded to within 30 days from 10 days or more (notice).

This is to allow applicants sufficient time to review and supplement relevant matters.

When hearing opinions or conducting on-site investigations, except in exceptional cases where the investigation purpose cannot be achieved by prior notice, the investigation target must be notified at least 7 days before the investigation date.

Various deadlines in the investigation procedures, which previously applied administrative procedure laws, were directly specified in the notice. This is to make it easier and more convenient for users to check and utilize the system.

Investigation Procedure for Unfair Trade Practices. (Source: Ministry of Trade, Industry and Energy Trade Commission)

To enhance the transparency of the investigation system, detailed procedures and standards for investigations were specified.

The requirements for expert appraisal regarding intellectual property rights infringement were specifically stipulated.

Detailed procedures and methods during the investigation process, such as when receiving goods or materials if necessary, were codified in the notice and directive.

Specifically, contents related to "written notification (target goods/materials, submission deadlines/methods, etc.) → preparation and delivery of seizure records → principle of return after investigation" were included in the notice and directive.

The Trade Commission stated, "We will strictly investigate and respond to unfair trade practices such as the export and import of intellectual property rights-infringing goods to establish a fair trade order and provide relief for damages caused by these acts," adding, "We will continue to improve related systems such as investigation procedures to effectively respond to unfair trade practices."

Contacting the Trade Commission's Unfair Trade Investigation Division provides guidance and consultation on the unfair trade investigation system.

This content was produced with the assistance of AI translation services.