Organisation: Korean Intellectual Property Office

KIPO proposes significant amendments to Trademark Act

KIPO has proposed a number of significant changes to the Trademark Act. Among other things, the proposed amendments would permit KIPO to accept letters of consent from a senior registrant so that a junior trademark applicant can obtain a registration for an existing mark. KIPO hopes that, if passed by the National Assembly, the proposed amendments will take effect on July 1 2015.

17 March 2014

KIPO issues new plan for improving quality of examinations

The Korean Intellectual Property Office has announced a plan for improving the quality of trademark and design examinations, in order to support the marketing efforts of businesses and enhance the competitiveness of companies through innovative brand and design creation. Among other things, KIPO plans to ease its strict examination standards regarding the distinctiveness of trademarks.

29 October 2013

Amendments to Unfair Competition Law recognise new types of anti-competitive acts

Recent amendments to the Unfair Competition Prevention and Trade Secret Protection Act have recognised additional types of anti-competitive acts and introduced rewards for those who inform the authorities of such anti-competitive behaviour. The amendments will become effective early next year.

24 September 2013

Amendments to Trademark Act to come into force later this year

The Korean National Assembly has adopted a bill introduced by KIPO, which will amend the Korean Trademark Act. One of KIPO's goals with this reform is to provide greater protection to the owners of small businesses in Korea. The amended act will be effective from October 6 2013.

28 May 2013

Trademark injunction issued based on copyright infringement

The Seoul High Court has issued an injunction preventing the defendant from using its trademark in Korea, finding that such use violated the copyright of the plaintiff, a US corporation. The decision is significant in that it confirms that a copyright owner may prevent a trademark owner from using its own registered trademark based on earlier copyright.

31 January 2013

Introduction of additional fee system for designated goods and services

The regulation regarding the official fee system for trademark applications, registrations and renewals has been amended. Under the new regulation, additional fees are charged for trademark applications, registrations and renewal petitions designating over 20 goods/services within a single class.

25 May 2012

Important changes introduced into Trademark Act further to Korea-US FTA

An amendment to the Korean Trademark Act was announced on December 2 2011 to reflect provisions of the recently ratified Free Trade Agreement between Korea and the United States. The amendment will come into force on March 15 2012, the effective date of the agreement. Among other things, it will be possible to protect sound and scent marks, and the amended Trademark Act will implement a system of statutory damages.

28 February 2012

Third parties can now request expedited examination of trademark applications

The Korean Intellectual Property Office has amended its Regulation regarding Requests for Expedited Examination of Trademark Applications. Under the amended regulation, a third party can request expedited examination of a trademark application when it has received a warning letter from the applicant that it is using a mark that is identical or similar to the pending trademark application in connection with identical or similar goods.

14 November 2011

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