Reasons for Proposal
The current Act defines the violation of trademark rights or exclusive licenses to protect the rights of trademark right holders.
With the number of counterfeit products available online rapidly increasing, it has been pointed out that violations of trademark rights online should be prevented. In particular, although 97% of the counterfeit product reports filed with the Korean Intellectual Property Office over the last 3 years are distributed online, there is a lack of legal basis to punish such violations.
In this regard, this Act aims to establish the definition of online service provider, define the online service provider’s violations and limited liability, and enhance the protection of rights including trademark rights.
Details
A. Establish the definition of an online service provider (Article 2 (1) 12 newly inserted)
B. Define the online service provider’s violation of trademark rights (Article 108 (3) newly inserted)
C. Prepare a basis for immunity if the online service provider performs the duty of care (Article 108-2 newly inserted)
D. Prepare a basis to request the provision of information about violators from online service providers (Article 108-3 newly inserted)
Major Provisions
Limit the online service provider’s liabilities (Article 108-2) and request the provision of information (Article 108-3)
