@article{ART002530174},
author={HYUNHO KWON},
title={Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2019},
number={85},
pages={169-196},
doi={10.31839/DALR.2019.11.85.169}
TY - JOUR
AU - HYUNHO KWON
TI - Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry
JO - DONG-A LAW REVIEW
PY - 2019
VL - null
IS - 85
PB - The Institute for Legal Studies Dong-A University
SP - 169
EP - 196
SN - 1225-3405
AB - This study examined trade and legal issues in order to determine the availability of a co-production agreement in the Korean game industry. As a result, this study suggested as follows: First, as a legal or structural requirements of the co-production agreement, the basis for the liberalization of a game industry should be guaranteed through the specific commitment of GATS or the concession of the FTA. Second, a legal mechanism to secure the purpose of a co-production agreement. Third, there should be exemptions or reservations of MFN treatment in GATS and/or FTA depending on the existence of the MFN provision in those agreements. It also discussed whether game services can be replaced with audiovisual services in the process of applying the co-production agreement in the game industry. However, this is understood to belong to factual judgment rather than legal issue in a strict sense, and is not seen as a prerequisite for using a co-production agreement in the game industry. Thus, the followings are the practical conditions for using a co-production agreement in the gaming industry: First, they should be discussed as an “integral parts” in bilateral trade agreements, such as the Korea-EU FTA, and second, a co-production agreement should be signed as part of the FTA. However, even in this case, the discussion on exemption of the MFN treatment should be held together for the essential purpose of a co-production agreement. In addition, for a practical purpose, a co-production agreement in the game industry should be an agreement that excludes the features of an agreement for cooperation as possible and shares practical benefits through specific rights and obligations.
KW - Co-production Agreement;GATS;FTA;Protocol on Cultural Cooperation;Online Game;Audiovisual Services
DO - 10.31839/DALR.2019.11.85.169
ER -
HYUNHO KWON. (2019). Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry. DONG-A LAW REVIEW, 85, 169-196.
HYUNHO KWON. 2019, "Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry", DONG-A LAW REVIEW, no.85, pp.169-196. Available from: doi:10.31839/DALR.2019.11.85.169
HYUNHO KWON "Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry" DONG-A LAW REVIEW 85 pp.169-196 (2019) : 169.
HYUNHO KWON. Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry. 2019; 85 : 169-196. Available from: doi:10.31839/DALR.2019.11.85.169
HYUNHO KWON. "Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry" DONG-A LAW REVIEW no.85(2019) : 169-196.doi: 10.31839/DALR.2019.11.85.169
HYUNHO KWON. Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry. DONG-A LAW REVIEW, 85, 169-196. doi: 10.31839/DALR.2019.11.85.169
HYUNHO KWON. Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry. DONG-A LAW REVIEW. 2019; 85 169-196. doi: 10.31839/DALR.2019.11.85.169
HYUNHO KWON. Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry. 2019; 85 : 169-196. Available from: doi:10.31839/DALR.2019.11.85.169
HYUNHO KWON. "Trade Law and Legal Issues on a Co-Production Agreement for Online Game Industry" DONG-A LAW REVIEW no.85(2019) : 169-196.doi: 10.31839/DALR.2019.11.85.169
