Iin case that the exclusive licensee had not registered his licensee under the Trademark Act, the use of the trademark by the third person who actually obtained the permission from the exclusive licensee could not be justified as the use of the trademark under the Act. It's same that there was the master trademark license agreement that granted the exclusive licensee the power to establish the non-exclusive license to the third party,(Supreme Court, May 12, 2006)
The qualified business type of the internet-based import agent service for the customer's import of foreign products that actually did the business for the consumer’s importing process by internet from foreign territory is legally exempted from the mandatory report of the functional cosmetics. In this case, the importer under the Cosmetic Act is not the accused but the consumer who ordered the cosmetics by internet.
Notwithstanding being qualified by the custom house authority as the business type of the internet-based import agent service for the customer's import of foreign products, in case that the actual business process is equal to the import and sale of the goods to the customer by internet, the trade without the mandatory import report of the imported food constitutes the violation of the Food Sanitation Act. In this case, the accused had made his American agent buy the food in United States that was ordered by Korean customer by internet. Further, he had managed his own warehouse for the traded food in United States, and made his agent in the United States post the food directly to the Korean customer who ordered by internet. (Supreme Court, October 23, 2008.)