How Will I Protect My Brand, Logo Or Patent In South Korea?

688 words - 3 pages

12. HOW WILL I PROTECT MY BRAND, LOGO OR PATENT?
China has been presented as an usual abuser of copyright and trademark protection, but it is far from being alone. Most Asian countries pretend that they wanted changes on the way laws are implemented: but, when we examine the cases which involve these problems, Asian countries have the principle-"Why pay for it when it can be got for free?"
In Korea, most cases of IPR infringements suffered by European right holders relate to registered trade marks, designs, copyright and related rights. These infringements affect mainly the sectors of fashion and luxury goods, as well as music industry and video games (in particular online piracy). ...view middle of the document...

Very often the fakes are made by the same manufacturer that is contracted to produce the original items. The copies are therefore indistinguishable from the genuine item, but are sold for less than half the price. These “over-runs” are difficult to stop for the trademark owner.
There is no international trade association for the fashion clothing industry. Most luxury brand owners employ in-house anti-counterfeiting officers and are members of national pan-industry anticounterfeiting associations.[2]

A well-developed, comprehensive IPR strategy should include registering IPR with relevant agencies, controlling it and enforcing it. At a minimum, such a strategy should include the following: [3]
- Registration: Register your copyright in Korea. Although Korea's copyright law is extraterritorial, any enforcement actions can and will only take place after formalities are properly recognized. Since the formalities will take time, it will also be some time before authorities begin enforcement procedures.
- Control: Do not allow control of your copyright to slip into the hands of your agents or distributors. Make sure you incorporate copyright protections into contracts and marketing strategies;
- Enter into written and enforceable contracts that require agents, suppliers, distributors and...

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