Case Study on Intangible Claim in International Trade: focusing on England and South Korea Law Cases

Intangible goods trade, as defined by the Foreign Trade Act, refers to ‘intangible goods in electronic form’and further the transmission and reception of common ‘electronic files’. It is a comprehensive concept encompassing both content and digital content transactions. Content trade is rapidly growing thanks to the advancement of online and mobile technologies.<br/> This study explored the meaning of transaction completion in the trade of intangible goods, focusing on the concepts of ‘performance’ and ‘conclusion’. From the perspective of deficiencies, nonperformance, and incomplete performance in intangible goods transactions, these constitute trade claims.<br/> This study examines claims cases in the trade of intangible goods. It examines and analyzes a music case in South Korea and a film case before the UK High Court. Based on these cases, this study proposes five strategic recommendations for addressing claims in the trade of intangible goods. Previous studies on accidents, claims and damages related to intangible goods themselves are very scarce. In this respect, this case study significantly differentiates itself from existing research.

Authors

Publication Details

Journal
Journal of Korea Research Association of International Commerce
Published
2026-04-30
DOI
https://doi.org/10.29331/jkraic.2026.4.26.2.57
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
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article

Case Study on Intangible Claim in International Trade: focusing on England and South Korea Law Cases

Young-Arm Kwak
Journal of Korea Research Association of International Commerce
Dispute Resolution and Class Actions
article

Case Study on Intangible Claim in International Trade: focusing on England and South Korea Law Cases

Young-Arm Kwak
article en

Abstract

Intangible goods trade, as defined by the Foreign Trade Act, refers to ‘intangible goods in electronic form’and further the transmission and reception of common ‘electronic files’. It is a comprehensive concept encompassing both content and digital content transactions. Content trade is rapidly growing thanks to the advancement of online and mobile technologies.<br/> This study explored the meaning of transaction completion in the trade of intangible goods, focusing on the concepts of ‘performance’ and ‘conclusion’. From the perspective of deficiencies, nonperformance, and incomplete performance in intangible goods transactions, these constitute trade claims.<br/> This study examines claims cases in the trade of intangible goods. It examines and analyzes a music case in South Korea and a film case before the UK High Court. Based on these cases, this study proposes five strategic recommendations for addressing claims in the trade of intangible goods. Previous studies on accidents, claims and damages related to intangible goods themselves are very scarce. In this respect, this case study significantly differentiates itself from existing research.

Journal of Korea Research Association of International CommerceVol. 26(2)
Openalex Percentile: Top 6%
Dispute Resolution and Class Actions
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Case Study on Intangible Claim in International Trade: focusing on England and South Korea Law Cases — Young-Arm Kwak · Journal of Korea Research Association of International Commerce (2026) | TGRS Research Map | TGRS