Proposed Amendment to Korean Trademark Act: Strengthening Measures Against Counterfeit Goods

A new amendment to the Korean Trademark Act has been proposed, aiming to tackle the issue of counterfeit goods being shipped into the country by foreign sellers. Currently, there is ambiguity in determining whether such shipments qualify as trademark infringement, which has made it challenging for Customs authorities to block them under the Customs Act’s provisions related to intellectual property violations. The proposed changes would address this gap and enhance protection for domestic trademark holders.

Amendment to Trademark Law

The revision introduces a new clause defining the act of a foreign seller shipping goods marked with a trademark into Korea as a form of “trademark use.” This change will separate the “supply” of goods by foreign sellers from the “import” typically carried out by domestic buyers. As a result, authorities will be empowered to treat such shipments as trademark infringement, even if the seller is overseas and the goods are intended for personal use. With this revision, Customs authorities will have a clear legal basis to seize and block counterfeit goods entering Korea, even when intended for personal use. The strengthened border enforcement will enhance protection for domestic trademark holders by making it easier to prevent counterfeit products from entering the market. However, individual consumers importing goods for personal, non-commercial purposes will not face penalties under the new rules. The public has been invited to submit opinions on the proposed amendments by 14 October 2024. Barring any unexpected developments, the changes are expected to be promulgated before the end of the year and will take effect immediately thereafter. This amendment represents a significant step toward stronger protection for trademark holders in Korea, ensuring that foreign sellers of counterfeit goods can no longer exploit legal ambiguities to bypass trademark laws. *** After more than 10 years of operation, ASL has been ranked as the top-tier IP Firm for years by Legal500, AsiaLaw, and WTR. We have been well known for OneTouch of IP protection in more than 27 countries with Budget savings from 15-35%. The more clients file trademark, patent, and industrial designs through ASL, the more savings our clients receive.