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Government Legislation

  • Legislative notice of partial revision to the Trademark Act
    • Competent Ministry : Korean Intellectual Property Office
    • Advance Publication of Legislation : 2024-09-04
    • Opinion Submission Deadline : 2024-10-14

1. Reason for revision

a. Since the term 'importation' under the current Trademark Act presupposes a commercial purpose, it is difficult to view the act of importing counterfeit goods into Korea for non-commercial purposes as 'importation' and 'use of trademark' as provided under the Trademark Act.

b. Even if counterfeit goods are imported into Korea, it is unclear whether this constitutes an infringement of trademark rights, and thus the legal basis for cracking down on counterfeit goods is not clear. Therefore, it is necessary to expand the definition of the 'use of trademark'.


2. Main contents

In relation to counterfeit goods brought into Korea for non-commercial purposes, the act of bringing goods into Korea by overseas sellers is defined as a new type of 'use of trademark' called 'supply', which is distinct from 'importation' (Subparagraph 11 (c) of Article 2 (1) of the draft).

Regulatory effect assessment
  • 상표법(규제영향분석서)_20240905.hwp [download]
Legislative proposal (draft)
  • 특허청공고제2024-202호(「상표법」 일부개정법률(안) 입법예고)_20240830.pdf [download]