Trademark Act (Sangpyobeop)
The Trademark Act (Sangpyobeop) governs the registration and protection of trademarks in South Korea. Originally enacted in 1949, the Act has been substantially amended to implement international standards. The Act establishes the requirements for trademark registration, the procedures for application and examination, the rights conferred by registration, and remedies for infringement. Trademarks are registered by the Korean Intellectual Property Office (KIPO).
Legal area: Law governing patents, copyrights, trademarks, and other intellectual creations.
Year enacted: 1949
Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-trademark-act
Key Provisions
- Chapter I: General provisions (definition of trademark)
- Chapter II: Trademark registration (requirements, procedures)
- Chapter III: Rights conferred by registration (exclusive use, licensing)
- Chapter IV: Infringement and remedies
- Chapter V: Duration and renewal (10-year terms, renewable)
- Chapter VI: Non-traditional trademarks (colours, sounds, 3D shapes)
Significance
The Trademark Act provides strong protection for brand owners in South Korea. South Korea is a member of the Madrid Protocol for international trademark registration. The Act has been amended to introduce non-traditional trademarks and to strengthen protection against counterfeiting. The Korean Intellectual Property Office’s examination process is efficient and of high quality. The Act’s provisions on well-known marks provide protection even without registration.