The Korean Intellectual Property Office announced on May 2 that the Partial Amendment to the Trademark Act, aimed at curbing the inflow of counterfeit goods through overseas direct purchases, was passed during the National Assembly plenary session on May 1. The revised law will take effect immediately upon promulgation, with the goal of enhancing intellectual property protection and safeguarding public health.
The amendment’s key provision expands the definition of “use of a trademark” to explicitly include “acts of supplying goods or packaging marked with a trademark in a foreign country to the domestic market through logistics providers or third parties.” Previously, there was no clear legal basis for identifying counterfeit goods in cross-border purchases. The revision now categorizes such acts as trademark infringement, streamlining enforcement efforts.
According to KIPO data, counterfeit goods entering South Korea surged by 44% over the past three years. In 2024 alone, out of 140 million overseas direct purchase items, 87,000 were confirmed as counterfeit. A survey by the Korea Intellectual Property Protection Agency revealed that 40% (1,080 cases) of reported counterfeit goods in 2024 (2,772 cases) involved imitation K-brands, highlighting severe damages to domestic businesses.
Additionally, overseas counterfeit goods frequently exceed domestic safety standards for carcinogens such as heavy metals and cadmium. For example, 24% of 404 low-cost jewelry items tested by customs in April 2024 contained lead levels above safety limits. In February 2025, consumers reported liver function abnormalities after consuming counterfeit vitamins. The amendment aims not only to protect intellectual property but also to eliminate health risks posed by unsafe counterfeit products.
The amendment clarifies legal boundaries by adding a new clause under Article 2, Paragraph 1, Subparagraph 11 of the Trademark Act. KIPO plans to strengthen collaboration with customs authorities to enhance monitoring of overseas purchases and build a comprehensive intellectual property protection framework.
Information source: https://www.kipo.go.kr/ko/kpoBultnDetail.do?menuCd=SCD0200618&ntatcSeq=20498&aprchId=BUT0000029&sysCd=SCD02
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