Anti-counterfeiting Activitiesby the Korean Intellectual Property Office

June 2006

KIPOThe Korean Intellectual Property Office

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Contents

IPR Protection in Korea11

Improving IPR Protection Laws22

Anti-counterfeiting Activities33

New Activities for IPR Protection44

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1. IPR Protection in Korea

□ Strengthening IPR Protection

□ Legislative Protection of IPR in Korea

Patent, Utility Model, Design, Trademark

: Korean Intellectual Property Office(KIPO)

Copyright, Sound Record, Video product : Ministry of Culture and Tourism

Computer Program : Ministry of Information and Communications

Korean Government’s policy

- To Improve the IPR Protection system

- To strengthen enforcement activities

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1. IPR Protection in Korea

□ Public Prosecutors’ Office

Every district prosecutors’ office has ;

- Prosecutor who exclusively investigates IPR violations

Annual meetings to discuss IP crimes

- Prosecutors' Office, Ministry of Foreign Affairs and Trade,

Ministry of Culture and Tourism, Ministry of Information and Communication,

National Police Agency, Korea Customs Service,

Korea Food & Drug Administration, Korean Intellectual Property Office

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1. IPR Protection in Korea

□ Korean Intellectual Property Office(KIPO)

Industrial Property Protection Team

- Administering the Unfair Competition Prevention and Trade Secret

Protection Act, and warning infringement of well-known trademarks

- Supporting public prosecutors and the police’s crackdown on

counterfeiting

□ Korea Customs Service

Anti-counterfeiting activities at the earliest stage

Export, Import, Transshipment

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Penalties for IPR infringements (2001)

Imprisonment: up to 5 years up to 7 years

Fine: up to 50M KRW up to 100M KRW

Penalties for trade secret infringements (2004)

Prosecution requirements :

Offense subject to complaint

Offense not-subject to complaint

Fine: up to 50M KRW up to 2 ~ 10 times the profit

Strengthened penalties

2. Improving IPR Protection Laws

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Simple damage calculation(2001)

Damage = # of sales of violating goods

× Profit for each itemStrengthened penalties

Easier calculation of

damages

2. Improving IPR Protection Laws

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Prohibition rules introduced against

unfair competition practices

Dilution of well-known marks (2001)

Cyber-squatting (2004)

Copying the design of goods (2004)

- “Dead Copy” -

Strengthened penalties

Easier calculation of

damages

New forms of IPR

Protection

2. Improving IPR Protection Laws

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3. Anti-counterfeiting Activities

Training for Field Officers

Greater Public

Awareness

Crackdowns on

Counterfeit Goods

KIPO Relevant Gov. Agencies

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Local governments also have Regular Investigation power

Every local governments appoints field officers to do crackdown (250 people)

KIPO inspects and evaluates delegated duties, and conducts training

Evaluations affect each local government’s performance at the national level

“Counterfeiting Report Center” operated by KIPO

Reports can be made by phone and the Internet (with guaranteed anonymity)

Independent investigations or joint crackdowns by the prosecution

or the police are executed in some cases Counterfeiting crackdown performance in 2005

: Stores: 837 (88 criminal charges filed)

Quantities: 17,742

(1) Crackdowns on Counterfeit Goods

Counterfeiting Report Form via the Internet

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On-site crackdowns of counterfeit goods

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3. Anti-counterfeiting Activities

Training for Field Officers

Greater Public

Awareness

Crackdowns on

Counterfeit Goods

KIPORelevant Gov.

Agencies

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(2) Training and Incentives for Field Officers

Training for local governments’ officials

On-site courses for field officials and joint investigations in local areas

* 19 on-site courses in 2005 (one course: 4~5 days), for 325 field officials

“Course on Enforcement of IPRs” at the IP Training Institute

Aims to provide investigators of the prosecution, customs officers, police officers and local governments’ officials with increased knowledge and skills in IPR enforcement

* 4 classes in 2005 (one course: 5 days), for 219 officers Awards for outstanding field officials

Awards given to individuals and one local government (Dec. 2005)

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3. Anti-counterfeiting Activities

Training for Field Officers

Greater Public

Awareness

Crackdowns on

Counterfeit Goods

KIPORelevant Gov.

Agencies

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(3) Greater Public Awareness

Promotion through the “Cyber IP Protection Center”

Introduces IP policies and the latest IP news, offers consultations on IPR

disputes, reports counterfeit goods. (Established in March 2004)

Advertisements on 124 electronic signboards in downtown

Publicize the illegality of marketing counterfeit goods

(supported by the Government Information Agency)

Distribution of educational and informational publications

“The Frequently Counterfeited Trademarks List”

“Anti-counterfeiting Activities in Korea”

“The way of crackdown on counterfeit goods”

Cyber IP Protection Center <http://www.kipo.go.kr/ippc>

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If you bought a If you bought a COUNTERFEITCOUNTERFEIT product, you bought a product, you bought a STOLENSTOLEN product. product.

Public Education through Downtown Electronic Signboards

Public Education through Downtown Electronic Signboards

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“BRAND KOREA” begins with expelling Counterfeits

Frequently Counterfeited Trademarks List

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4. New Activities for IPR Protection

Anti-counterfeiting Reward System

Collaboration among Relevant Agencies

- Powerful system for collecting information on counterfeits

- Reward(not exceeding 10M KRW) for report manufacturers, large-scale distributors or sellers

“▶ IPR Protection Policy Council” * 12 Gov. Agencies - Strengthening Crackdown - Improvement Legal Structure & IPR protection recognition

▶ Collaboration among Gov. agencies and IPR owners

Upgraded IPR Protection

Industrial Property Protection Team

Korean Intellectual Property Office(KIPO)