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Amendment of the Trademark Act to Respond to Counterfeit Products Imported from Overseas, Passed by the National Assembly Plenary Session
Release Time：
2025-05-21
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Amendment of the Trademark Act to Respond to Counterfeit Products Imported from Overseas, - Amendment to the Trademark Act to Crack Down on Counterfeit Overseas Direct Purchases Passed by the National Assembly Plenary Session - |
The Korean Intellectual Property Office (KIPO) announced that the bill to partially amend the Trademark Act, which aims to clarify the legal basis for cracking down on counterfeit goods purchased from overseas, was introduced at the plenary session of the National Assembly (5. 1.).
* Scheduled to be implemented from the date of promulgation
By adding the act of supply to the 'use of trademark', which is the premise of trademark infringement, counterfeit products shipped from overseas to Korea can be regarded as trademark infringement goods under the Trademark Act.
Last year alone, about 140 million overseas direct purchase goods were counted (e-Nara Index), and counterfeit goods entering Korea increased by about 44% over the past three years*.
* Overseas direct purchase counterfeit goods crackdown (Korea Customs Service, ten thousand cases): ('22) 60,000 cases ? ('24) 87,000
According to a survey by the Korea Intellectual Property Protection Agency, out of the number of counterfeit product reports (2,772) imported through overseas direct purchases in '24, K-brand counterfeit products accounted for about 40% (1,080 cases).
Although there was a precedent interpretation that overseas direct purchases constituted 'transfer', the relevant ministries agreed that it is necessary to establish clear ground regulations under the Trademark Act in order to crack down on counterfeit overseas direct purchases.
Accordingly, Article 2, Paragraph 1, Paragraph 11 of the Trademark Act has been added as a sub-type of 'use of trademark' to Article 2, Paragraph 1, Item 11, 'The act of supplying a trademark mark on a product or product packaging from a foreign country to Korea through another person, such as a carrier'.
On the other hand, counterfeit products for overseas direct purchases pose a direct threat to the health of the people, such as high levels of harmful substances such as heavy metals* and incidents in which liver levels rise more than twice the standard value after taking counterfeit vitamins**. Therefore, the amendment to the Trademark Act is expected to be of great help in ensuring the safety of the public.
* Detection of carcinogens such as cadmium and lead exceeding domestic safety standards in 404 points (24%) out of 404 points of ultra-low-priced jewelry products (Korea Customs Service, '24.4.)
** Nutritional supplement bought from yes, it was a fake... Customers who trusted and ate "liver level doubled" (Herald Business, '25.2.18.)
Lee Chun-moo, director of the Trademark Design Examination Department of the Korean Intellectual Property Office, said, "Counterfeit products for overseas direct purchases not only infringe on the rights and interests of domestic companies, but also pose a threat to public health. The JPO will take various measures such as the revision of the Trademark Act to protect the safety of the public and fair market order." He said.
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