The Korean Trademark Act is, often, criticized by scholars and Korean legal practitioners for not being an effective means of enforcing copyrights and for being overly cumbersome. The new changes are a step in the right direction. Korea promulgated on September 1, 2017 the revised Korean Trademark Act.
The following are the major changes.
Any party may file an action to cancel a a trademark for non-use under revised Korean Trademark Law
This change shall, likely, increase the number of litigants. Prior to this change, courts would require litigants to establish that the litigant is an “interested” litigant. The change may cause an increase in litigation.
Effect of Cancellation on the filing date of the non-use action no longer the cancellation decision under revised Korean Trademark Law.
Prior to this change, the effect of cancellation was the date of cancellation decision, thus, limiting potential monetary damages for infringement during the lawsuit. Many interesting cases occurred, because of less than ethical defendants.
Paris Convention Article 6Septies
Korean Trademark Act duplicates the protections afforded under the Paris Convention in regard to the registration of a trademark of a representative or agent of a copyright holder in another nation. Previously, Korea extended the right to sue, only, to representatives and agents. Presently, the right is extended to those with business relations.
- Korean Intellectual Property Protection Strategies in Korea: Trademark Law Korea
- Protecting Products from Parallel Imports into Korea: Trademark/IP in Korea?
- Enforcing your Trademark Rights in Korea: IP Protection Strategies for Korea
- Searching Trademark & Service Marks in Korea: Register your Trademarks/Service Marks Prior to Doing Business in Korea
- Basics to Successfully Outsourcing Production of your Product to Korea: Korea OEM Basics
- Korea Parallel Imports: How to Protect Your Brand in Korea: The Korean Courts May not be the Answer
- Korean Invention Promotion Act: Employee Inventions in Korea
- USPTO & Korean Intellectual Property Office’s New Pilot Program on Classifications of Patents: Korean IP Law Updates
- Korean IP Infringement Jurisdiction Centralized at Five Korean District Courts and the Patent Court of Korea: Korean Intellectual Property Case Updates
- Apple vs. Samsung: “Koreans are furious at China for copying our products. But when Korea does the same, Koreans defend the action. That is a highly distorted form of patriotism. When a company takes the wrong path, it is the public’s job to correct it.”