Information for Review under TRIPS Art. 24.2 (Checklist of Questions on GIs) - View details of the document

Korea, Republic of

Korea provides protection for geographical indications through both the measures mentioned above. (i) In general, geographical indications are protected through the Unfair Competition Prevention and Trade Secret Protection Act, the Fair Labelling and Advertising Act, Trademark Act, and several other laws and regulations. Protection under these laws does not require any procedures for notification/registration. (a) Unfair Competition Prevention and Trade Secret Protection Act Articles 2(1)(iii) and (iv) of the Unfair Competition Prevention and Trade Secret Protection Act provide that the following acts fall into the ambit of the unfair competition acts: - an act of causing confusion with another person's commercial facilities or activities by using marks identical with or similar to another person's name, trade name, emblem or any other mark which is widely known in Korea; - an act of making a mark on goods, advertisements, trade documents communicated to the public or in communications, or selling, distributing, importing or exporting goods marked with such mark which would mislead the public into believing that the place of production, manufacturing or processing is different from the actual place of production, manufacturing or processing. (b) Fair Labelling and Advertising Act The Fair Labelling and Advertising Act enacted in July 1999 and enforced by the Korean Fair Trade Commission is not pursuant to the TRIPS Agreement. Nevertheless, it can indirectly have an effect of protecting geographical indications. - Rather than to guarantee the protection of intellectual property rights (IPRs), the purpose of this Act is to prevent unfair labelling and advertising that may deceive or mislead consumers and to facilitate the provision of fair and useful information to consumers, thereby establishing a fair trade order and protecting consumers (Article 1 of the Fair Labelling and Advertising Act). - However, geographical indications can be indirectly protected in the process of regulating undue geographical indications to protect consumers. - Relevant Provisions: "Article 3 - Prohibition of Unfair Labelling and Advertising (1) Enterprises, etc. shall not post labels or advertisements as set forth in the following subparagraphs that may deceive or mislead consumers, thus impairing fair trade order, nor shall they force other enterprises to do so: 1. false or exaggerating labelling and advertising; 2. deceptive labelling and advertising; 3. unduly comparative labelling and advertising; 4. slanderous labelling and advertising." - Notification on Types of and Criteria for Undue Labelling and Advertising. • Pursuant to the Fair Labelling and Advertising Act and its Enforcement Decree, the KFTC issued the notification specifying the types of and criteria for undue labelling and advertising. • Paragraph 10, Article II: In labelling or advertising the origin and manufacturer of the products supplied, any vague or false labelling and advertising that may mislead consumers shall be deemed as undue labelling and advertising. (c) Trademark Act When any trademark consists of or contains a geographical name, it may be rejected or invalidated, under one of these provisions: - Article 6(1)(iv) of the Trademark Act aims to prevent any conspicuous geographical name from being registered as a trademark, the reason being that such a name lacks the distinctiveness needed to be registered as a trademark, and it would be unreasonable to grant an exclusive right to a specific person, which would result in giving an unexpected disadvantage to his competitors; - even when a geographical name is not conspicuous, the registration of a trademark may be refused or invalidated under Article 6(1)(iii) of the Act if the trademark solely consists of such a geographical name; and, finally, - even if a trademark does not consist solely of a conspicuous geographical name, it may be rejected or invalidated under Article 7(1)(xi) if it is liable to mislead or deceive consumers as to the quality of the goods. (ii) The geographical indications of agricultural and fisheries products and their processed products are protected through formal registration procedures according to the Agro-Fisheries Product Quality Management Act(1999). Protection under the Act requires recognition and registration, by the National Agricultural Products Quality Management Service, of the geographical indications of agricultural and fisheries products and their processed products. (iii) The strengthened protection of geographical indications for wines and spirits is provided in the Notice Concerning Liquor Labelling and the Trademark Act. - Additional protection as provided for in Article 23 of the TRIPS Agreement is provided to wines and spirits in the Notice Concerning Liquor Labelling, an amendment to which took effect 14 June 2000. According to the amended Notice, even where the true origin of the goods is indicated or a geographical indication is used in translation or is accompanied by expressions such as "kind", "type", "style", "imitation" or the like, the use of the geographical indication identifying wines or spirits that do not originate in the place indicated by the geographical indication is prohibited. - An application for the registration of any trademark that contains or consists of the geographical indications of wines or spirits that originate in any WTO Member is to be rejected under Article 7(1)(xiv) of the Trademark Act.

As indicated in the response to question 1 above, Korea protects geographical indications through a number of regimes.

[Answer 1: Korea provides protection for geographical indications through both the measures mentioned above. (i) In general, geographical indications are protected through the Unfair Competition Prevention and Trade Secret Protection Act, the Fair Labelling and Advertising Act, Trademark Act, and several other laws and regulations. Protection under these laws does not require any procedures for notification/registration. (a) Unfair Competition Prevention and Trade Secret Protection Act Articles 2(1)(iii) and (iv) of the Unfair Competition Prevention and Trade Secret Protection Act provide that the following acts fall into the ambit of the unfair competition acts: - an act of causing confusion with another person's commercial facilities or activities by using marks identical with or similar to another person's name, trade name, emblem or any other mark which is widely known in Korea; - an act of making a mark on goods, advertisements, trade documents communicated to the public or in communications, or selling, distributing, importing or exporting goods marked with such mark which would mislead the public into believing that the place of production, manufacturing or processing is different from the actual place of production, manufacturing or processing. (b) Fair Labelling and Advertising Act The Fair Labelling and Advertising Act enacted in July 1999 and enforced by the Korean Fair Trade Commission is not pursuant to the TRIPS Agreement. Nevertheless, it can indirectly have an effect of protecting geographical indications. - Rather than to guarantee the protection of intellectual property rights (IPRs), the purpose of this Act is to prevent unfair labelling and advertising that may deceive or mislead consumers and to facilitate the provision of fair and useful information to consumers, thereby establishing a fair trade order and protecting consumers (Article 1 of the Fair Labelling and Advertising Act). - However, geographical indications can be indirectly protected in the process of regulating undue geographical indications to protect consumers. - Relevant Provisions: "Article 3 - Prohibition of Unfair Labelling and Advertising (1) Enterprises, etc. shall not post labels or advertisements as set forth in the following subparagraphs that may deceive or mislead consumers, thus impairing fair trade order, nor shall they force other enterprises to do so: 1. false or exaggerating labelling and advertising; 2. deceptive labelling and advertising; 3. unduly comparative labelling and advertising; 4. slanderous labelling and advertising." - Notification on Types of and Criteria for Undue Labelling and Advertising. • Pursuant to the Fair Labelling and Advertising Act and its Enforcement Decree, the KFTC issued the notification specifying the types of and criteria for undue labelling and advertising. • Paragraph 10, Article II: In labelling or advertising the origin and manufacturer of the products supplied, any vague or false labelling and advertising that may mislead consumers shall be deemed as undue labelling and advertising. (c) Trademark Act When any trademark consists of or contains a geographical name, it may be rejected or invalidated, under one of these provisions: - Article 6(1)(iv) of the Trademark Act aims to prevent any conspicuous geographical name from being registered as a trademark, the reason being that such a name lacks the distinctiveness needed to be registered as a trademark, and it would be unreasonable to grant an exclusive right to a specific person, which would result in giving an unexpected disadvantage to his competitors; - even when a geographical name is not conspicuous, the registration of a trademark may be refused or invalidated under Article 6(1)(iii) of the Act if the trademark solely consists of such a geographical name; and, finally, - even if a trademark does not consist solely of a conspicuous geographical name, it may be rejected or invalidated under Article 7(1)(xi) if it is liable to mislead or deceive consumers as to the quality of the goods. (ii) The geographical indications of agricultural and fisheries products and their processed products are protected through formal registration procedures according to the Agro-Fisheries Product Quality Management Act(1999). Protection under the Act requires recognition and registration, by the National Agricultural Products Quality Management Service, of the geographical indications of agricultural and fisheries products and their processed products. (iii) The strengthened protection of geographical indications for wines and spirits is provided in the Notice Concerning Liquor Labelling and the Trademark Act. - Additional protection as provided for in Article 23 of the TRIPS Agreement is provided to wines and spirits in the Notice Concerning Liquor Labelling, an amendment to which took effect 14 June 2000. According to the amended Notice, even where the true origin of the goods is indicated or a geographical indication is used in translation or is accompanied by expressions such as "kind", "type", "style", "imitation" or the like, the use of the geographical indication identifying wines or spirits that do not originate in the place indicated by the geographical indication is prohibited. - An application for the registration of any trademark that contains or consists of the geographical indications of wines or spirits that originate in any WTO Member is to be rejected under Article 7(1)(xiv) of the Trademark Act.]

The protection of geographical indications through the relevant provisions of the Trademark Act and the Unfair Competition Prevention and Trade Secret Protection Act is also extended to services.

Articles 2(1)(iii) and 2(1)(iv) of the Unfair Competition Prevention and Trade Secret Protection Act, Article 3 of the Fair Labelling and Advertising Act, and Article 9 of the Agro Fisheries Product Quality Management Act provide the legal means for protecting geographical indications as required by Article 22.2 of the TRIPS Agreement. The text of the said laws were duly notified to the WTO pursuant to Article 63.2 of the TRIPS Agreement. The strengthened protection of geographical indications for wines and spirits, as required by Article 23.1 of the TRIPS Agreement, is provided by the Amendment to the Notice Concerning Liquor Labelling.

See the responses to questions 1-4 above.

[Answer 1: Korea provides protection for geographical indications through both the measures mentioned above. (i) In general, geographical indications are protected through the Unfair Competition Prevention and Trade Secret Protection Act, the Fair Labelling and Advertising Act, Trademark Act, and several other laws and regulations. Protection under these laws does not require any procedures for notification/registration. (a) Unfair Competition Prevention and Trade Secret Protection Act Articles 2(1)(iii) and (iv) of the Unfair Competition Prevention and Trade Secret Protection Act provide that the following acts fall into the ambit of the unfair competition acts: - an act of causing confusion with another person's commercial facilities or activities by using marks identical with or similar to another person's name, trade name, emblem or any other mark which is widely known in Korea; - an act of making a mark on goods, advertisements, trade documents communicated to the public or in communications, or selling, distributing, importing or exporting goods marked with such mark which would mislead the public into believing that the place of production, manufacturing or processing is different from the actual place of production, manufacturing or processing. (b) Fair Labelling and Advertising Act The Fair Labelling and Advertising Act enacted in July 1999 and enforced by the Korean Fair Trade Commission is not pursuant to the TRIPS Agreement. Nevertheless, it can indirectly have an effect of protecting geographical indications. - Rather than to guarantee the protection of intellectual property rights (IPRs), the purpose of this Act is to prevent unfair labelling and advertising that may deceive or mislead consumers and to facilitate the provision of fair and useful information to consumers, thereby establishing a fair trade order and protecting consumers (Article 1 of the Fair Labelling and Advertising Act). - However, geographical indications can be indirectly protected in the process of regulating undue geographical indications to protect consumers. - Relevant Provisions: "Article 3 - Prohibition of Unfair Labelling and Advertising (1) Enterprises, etc. shall not post labels or advertisements as set forth in the following subparagraphs that may deceive or mislead consumers, thus impairing fair trade order, nor shall they force other enterprises to do so: 1. false or exaggerating labelling and advertising; 2. deceptive labelling and advertising; 3. unduly comparative labelling and advertising; 4. slanderous labelling and advertising." - Notification on Types of and Criteria for Undue Labelling and Advertising. • Pursuant to the Fair Labelling and Advertising Act and its Enforcement Decree, the KFTC issued the notification specifying the types of and criteria for undue labelling and advertising. • Paragraph 10, Article II: In labelling or advertising the origin and manufacturer of the products supplied, any vague or false labelling and advertising that may mislead consumers shall be deemed as undue labelling and advertising. (c) Trademark Act When any trademark consists of or contains a geographical name, it may be rejected or invalidated, under one of these provisions: - Article 6(1)(iv) of the Trademark Act aims to prevent any conspicuous geographical name from being registered as a trademark, the reason being that such a name lacks the distinctiveness needed to be registered as a trademark, and it would be unreasonable to grant an exclusive right to a specific person, which would result in giving an unexpected disadvantage to his competitors; - even when a geographical name is not conspicuous, the registration of a trademark may be refused or invalidated under Article 6(1)(iii) of the Act if the trademark solely consists of such a geographical name; and, finally, - even if a trademark does not consist solely of a conspicuous geographical name, it may be rejected or invalidated under Article 7(1)(xi) if it is liable to mislead or deceive consumers as to the quality of the goods. (ii) The geographical indications of agricultural and fisheries products and their processed products are protected through formal registration procedures according to the Agro-Fisheries Product Quality Management Act(1999). Protection under the Act requires recognition and registration, by the National Agricultural Products Quality Management Service, of the geographical indications of agricultural and fisheries products and their processed products. (iii) The strengthened protection of geographical indications for wines and spirits is provided in the Notice Concerning Liquor Labelling and the Trademark Act. - Additional protection as provided for in Article 23 of the TRIPS Agreement is provided to wines and spirits in the Notice Concerning Liquor Labelling, an amendment to which took effect 14 June 2000. According to the amended Notice, even where the true origin of the goods is indicated or a geographical indication is used in translation or is accompanied by expressions such as "kind", "type", "style", "imitation" or the like, the use of the geographical indication identifying wines or spirits that do not originate in the place indicated by the geographical indication is prohibited. - An application for the registration of any trademark that contains or consists of the geographical indications of wines or spirits that originate in any WTO Member is to be rejected under Article 7(1)(xiv) of the Trademark Act.]

[Answer 2: As indicated in the response to question 1 above, Korea protects geographical indications through a number of regimes.]

[Answer 3: The protection of geographical indications through the relevant provisions of the Trademark Act and the Unfair Competition Prevention and Trade Secret Protection Act is also extended to services.]

[Answer 4: Articles 2(1)(iii) and 2(1)(iv) of the Unfair Competition Prevention and Trade Secret Protection Act, Article 3 of the Fair Labelling and Advertising Act, and Article 9 of the Agro Fisheries Product Quality Management Act provide the legal means for protecting geographical indications as required by Article 22.2 of the TRIPS Agreement. The text of the said laws were duly notified to the WTO pursuant to Article 63.2 of the TRIPS Agreement. The strengthened protection of geographical indications for wines and spirits, as required by Article 23.1 of the TRIPS Agreement, is provided by the Amendment to the Notice Concerning Liquor Labelling.]

Until now, there have been no cases of registered geographical indications. One should apply for registration to obtain protection for geographical indications according to the Agro-Fisheries Product Quality Management Act. If the Geographical Indication Registration Council decides that an application meets the criteria set by the Act, the geographical indication is registered, and the registration of false or similar geographical indications of a registered geographical indication is prohibited.

The higher level of protection for wines and spirits required by Article 23.2 of the TRIPS Agreement is available under Articles 6(1)(iii), 6(1)(iv) and 7(1)(xiv) of the Trademark Act. Article 6 applies to all goods, while Article 7 applies only to wines and spirits.

Additional protection as provided for in Article 23 of the TRIPS Agreement is provided to wines and spirits in the Notice Concerning Liquor Labelling, an amendment to which took effect 14 June 2000. According to the amended Notice, even where the true origin of the goods is indicated or a geographical indication is used in translation or is accompanied by the expressions such as "kind", "type", "style", "imitation" or the like, the use of the geographical indication identifying wines or spirits that do not originate in the place indicated by the geographical indication is prohibited.

The responses to questions 8-11 focus on the protection of geographical indications of agricultural and fisheries products and their processed products through formal registration procedures according to the Agro-Fisheries Product Quality Management Act. The only definition of "geographical indication" is found in the Agro-Fisheries Product Quality Management Act. According to Article 2(5) of the Agro-Fisheries Product Quality Management Act, a geographical indication means the geographical name of a specified region, which serves to designate a product or a processed product originating therein, the reputation, quality and characteristics of which are essentially attributable to the geographical origin.

The definition in the response to question 8 above requires that the quality or reputation of products with geographical indications be linked directly to the geographical origin. Article 15 of the Enforcement Decree of the Agro-Fisheries Product Quality Management Act stipulates that one of the criteria for determining whether a geographical indication is recognized is whether the reputation, quality, and other special characteristics of the product concerned can be attributed to the environmental and human factors from the geographical area concerned.

[Answer 8: The responses to questions 8-11 focus on the protection of geographical indications of agricultural and fisheries products and their processed products through formal registration procedures according to the Agro-Fisheries Product Quality Management Act. The only definition of "geographical indication" is found in the Agro-Fisheries Product Quality Management Act. According to Article 2(5) of the Agro-Fisheries Product Quality Management Act, a geographical indication means the geographical name of a specified region, which serves to designate a product or a processed product originating therein, the reputation, quality and characteristics of which are essentially attributable to the geographical origin.]

In Article 15 of the Enforcement Decree of the Agro-Fisheries Product Quality Management Act, the following criteria are provided for determining whether a geographical indication is recognized: (i) whether the superior quality of the product concerned is widely recognized both within Korea or abroad; (ii) whether the quality of the product is of the highest grade as determined in accordance with the standards specified under Article 4 of the Agro-Fisheries Product Quality Management Act. However, in the case where such standards are not specified under the Act for the product concerned, then the required standard shall be that of the highest grade as given under other laws and regulations, or that of the highest grade as determined through customary use in the respective industry; (iii) whether the reputation, quality, and other special characteristics of the product concerned can be attributed to the environmental and human factors from the specific geographic area; (iv) whether the product concerned is produced or processed within the defined area; and (v) other standards that are deemed necessary by the Minister of Agriculture and Forestry and the Minister of Maritime Affairs and Fisheries, in regard to geographical indications.

Human creativity constitutes human factors, and thereby may be taken into account in the procedure for the recognition of geographical indications (see the response to question 10 above).

No other intellectual property rights are involved.

For agricultural and fisheries products and their processed products, if one applies for the registration of a geographical indication on the basis of his/her own definition of geographical region or area, the National Agricultural Products Quality Management Service and the Geographical Indication Registration Council then establish the official definition of the geographical region or area in the course of examining the application. Regarding the basis of such a definition, see the response to question 9 above.

Under the Examination Guideline for Article 7(1)(xiv) of the Trademark Act, the registration of any trademark with a homonymous geographical indication for wines may be rejected and, if registered, invalidated. Whether any trademark contains or consists of a homonymous geographical indication will be determined subject to specific elements including its translation and the relationship between the trademark and designated goods.

There is no provision related to the recognition of foreign geographical indications.

There are no statutory provisions related to geographical indications not protected in the country of origin. However, the Examination Guideline for Article 7(1)(xiv) of the Trademark Act stipulates that this Article does not apply to geographical indications which are not or cease to be protected in their country of origin, or which have fallen into disuse in that country.

Those terms are not clearly distinguished in our laws related to intellectual property. However, according to Article 2(5) of the Agro-Fisheries Product Quality Management Act, a geographical indication means the geographical name of a specified region, which serves to designate a product or a processed product originating therein, the reputation, quality and characteristics of which are essentially attributable to the geographical origin.

See the response to question 14 above.

[Answer 14: Under the Examination Guideline for Article 7(1)(xiv) of the Trademark Act, the registration of any trademark with a homonymous geographical indication for wines may be rejected and, if registered, invalidated. Whether any trademark contains or consists of a homonymous geographical indication will be determined subject to specific elements including its translation and the relationship between the trademark and designated goods.]

Only producers' organizations or corporate processors are eligible for applications for the registration of geographical indications. If there exists only one producer or processor of a product, however, this restriction may not be applied.*

The National Agricultural Products Quality Management Service and the Geographical Indication Registration Council are the competent authorities.*

The procedures must be based on the initiative of an entity or person.*

A fee of W 100,000 is required per application.*

The criteria also include human factors.*

See the responses to questions 10 and 21 above.*

[Answer 10: In Article 15 of the Enforcement Decree of the Agro-Fisheries Product Quality Management Act, the following criteria are provided for determining whether a geographical indication is recognized: (i) whether the superior quality of the product concerned is widely recognized both within Korea or abroad; (ii) whether the quality of the product is of the highest grade as determined in accordance with the standards specified under Article 4 of the Agro-Fisheries Product Quality Management Act. However, in the case where such standards are not specified under the Act for the product concerned, then the required standard shall be that of the highest grade as given under other laws and regulations, or that of the highest grade as determined through customary use in the respective industry; (iii) whether the reputation, quality, and other special characteristics of the product concerned can be attributed to the environmental and human factors from the specific geographic area; (iv) whether the product concerned is produced or processed within the defined area; and (v) other standards that are deemed necessary by the Minister of Agriculture and Forestry and the Minister of Maritime Affairs and Fisheries, in regard to geographical indications.]

[Answer 21: The criteria also include human factors.*]

The name of a geographical indication, the regional range of a geographical indication, an explanatory note on the relationship between qualitative characteristics and geographical factors, an explanatory note on qualitative characteristics, data to prove the reputation of the product, a production schedule, self-imposed quality criteria and a quality control schedule.*

The goods for which a geographical indication is claimed should be set out at the time of application for registration.*

When an application for the registration of a geographical indication is recognized, it should be announced on the official gazette by the authorities concerned. The procedure for an objection against the recognition with the National Agricultural Products Quality Management Service is available to anyone within 30 days from the date of the announcement. In doing so, he or she should provide in writing the reasons for the objection and submit adequate evidence therewith. When an objection is received, the National Agricultural Products Quality Management Service should examine it in consideration of the judgement by the Geographical Indication Registration Council. The National Agricultural Products Quality Management Service should either register the geographical indication applied for, if it is judged that there is no justifiable reason for rejection, or notify the applicant of its inadequacy, if judged otherwise.*

See the response to question 25 above.

[Answer 25: When an application for the registration of a geographical indication is recognized, it should be announced on the official gazette by the authorities concerned. The procedure for an objection against the recognition with the National Agricultural Products Quality Management Service is available to anyone within 30 days from the date of the announcement. In doing so, he or she should provide in writing the reasons for the objection and submit adequate evidence therewith. When an objection is received, the National Agricultural Products Quality Management Service should examine it in consideration of the judgement by the Geographical Indication Registration Council. The National Agricultural Products Quality Management Service should either register the geographical indication applied for, if it is judged that there is no justifiable reason for rejection, or notify the applicant of its inadequacy, if judged otherwise.*]

Foreign geographical indications are also protected domestically under the general WTO/TRIPS obligations. The Agro-Fisheries Product Quality Management Act does not contain any special provisions concerning the registration of foreign geographical indications.

Indefinitely.

Renewal procedures for geographical indications do not exist.

The National Agricultural Products Quality Management Service monitors registered products ex post facto and may take necessary actions including the cancellation of the certification and registration, if it is judged that such products have failed to satisfy relevant standards or that their production is no longer possible because of the cessation of business.

See the response to question 30.

[Answer 30: The National Agricultural Products Quality Management Service monitors registered products ex post facto and may take necessary actions including the cancellation of the certification and registration, if it is judged that such products have failed to satisfy relevant standards or that their production is no longer possible because of the cessation of business.]

The National Agricultural Products Quality Management Service.

The National Agricultural Products Quality Management Service may instruct government officials to review the appropriateness of the products with geographical indications in terms of standard, quality, certification or registration, to ensure consumer protection and to maintain the quality of the geographically specified products. It may also take necessary actions including the cancellation of the registration, based upon the results of the investigation.

Interested parties of a specific registered geographical indication may submit to the National Agricultural Products Quality Management Service an adequate evidence to prove the geographical indication's non-use or failure to maintain the criteria identified in the application.

The National Agricultural Products Quality Management Service may conduct monitoring either ex officio or in response to the request of the interested parties.

The criteria submitted to obtain the recognition of a geographical indication apply to the submitting applicant. Other persons or entities who meet the criteria may use that geographical indication by joining that party.

Persons or entities who want to use a specific geographical indication may use it after applying for registration and obtaining recognition in accordance with relevant laws and regulations.

No fees are required to obtain authorization under the Agro-Fisheries Product Quality Management Act.

This kind of dispute may be settled by general dispute settlement procedures.

See the response to question 30 above.

[Answer 30: The National Agricultural Products Quality Management Service monitors registered products ex post facto and may take necessary actions including the cancellation of the certification and registration, if it is judged that such products have failed to satisfy relevant standards or that their production is no longer possible because of the cessation of business.]

This kind of dispute may be settled by general dispute settlement procedures.

The Agro-Fisheries Product Quality Management Act does not contain any special provisions concerning the licence of a geographical indication.

There is no provision regarding "grandfathered use".

Since a geographical indication cannot be registered as a trademark under relevant provisions of the Trademark Act, there is no possibility of conflict between Article 16.1 of the TRIPS Agreement and geographical indications. In this perspective, there is no relevant provision addressing the correlation between geographical indications and the obligation in Article 16.1 of the Trademark Act.

See the response to question 44 above.

[Answer 44: Since a geographical indication cannot be registered as a trademark under relevant provisions of the Trademark Act, there is no possibility of conflict between Article 16.1 of the TRIPS Agreement and geographical indications. In this perspective, there is no relevant provision addressing the correlation between geographical indications and the obligation in Article 16.1 of the Trademark Act.]

Where a trademark falls under Article 6(1)(iii), 6(1)(iv), 7(1)(xiv) of the Trademark Act in relation to a geographical indication, the application shall be refused by an examiner, or the registration shall be cancelled or invalidated upon request by any interested parties (see above).

[Answer 44: Since a geographical indication cannot be registered as a trademark under relevant provisions of the Trademark Act, there is no possibility of conflict between Article 16.1 of the TRIPS Agreement and geographical indications. In this perspective, there is no relevant provision addressing the correlation between geographical indications and the obligation in Article 16.1 of the Trademark Act.]

[Answer 45: See the response to question 44 above.]

An application for the registration of any trademark that contains or consists of the geographical indications of wines or spirits that originate in any WTO Member is to be rejected under Article 7(1)(xiv) of the Trademark Act.

- Pursuant to Articles 4 and 5 of the Unfair Competition Prevention and Trade Secret Protection Act, a person whose business interests are infringed or threatened by an act of causing confusion, i.e. falsely marking the source of origin on the goods, or selling, distributing, importing or exporting the goods marked with such a source of origin, is entitled to seek a court injunction or preventive order against a person who engages in the act of unfair competition. Additionally, he or she may demand the destruction of the goods which were involved in the aforementioned act of unfair competition, removal of facilities used during such act, or other measures necessary to prohibit or prevent such act. In case a person's business interests are infringed intentionally or negligently, he or she may seek compensation for damages in a civil suit. - The Agro-Fisheries Product Quality Management Act stipulates that anyone who attaches a false or similar mark of a registered geographical indication on agricultural or fisheries products or their processed products shall be sentenced to imprisonment for up to three years or a fine not exceeding W 30 million. - The Fair Labelling and Advertising Act stipulates the following: "Article 7 - Corrective Measures (1) In the case where any enterprise, etc., posts undue labels or advertisements in violation of Article 3, paragraph 1, the FTC shall take the following corrective measures against such enterprises, etc.: 1. cease and desist order; 2. public notification on the fact of law violation; 3. corrective advertisements; 4. other measures necessary to correct the violations." "Article 8 - Temporary Cease and Desist Order (1) The FTC may issue a temporary cease and desist order against enterprises, etc., whose labels or advertisements are: 1. suspected to be in clear violation of Article 3, paragraph 1; or, 2. likely to cause irreparable injury to consumers or rival enterprises, and thus preventive measures are in urgent need." "Article 9 – Surcharge (1) The FTC may impose upon enterprises in violation of Article 3, paragraph 1 surcharges not exceeding 2 per cent of their turnover as set forth in the Presidential Decree (meaning operational profits as for the enterprises set forth in the Presidential Decree. Hereinafter, the same shall apply.)."

- Any person whose business interests are infringed or threatened by an aforementioned act of unfair competition (the Unfair Competition Prevention and Trade Secret Protection Act). - Any person or entity that marks products with a geographical indication that is registered under the Agro-Fisheries Product Quality Management Act or the National Agricultural Products Quality Management Service (the Agro-Fisheries Product Quality Management Act).

Courts and relevant administrative bodies have jurisdiction over enforcement actions related to geographical indications.

Once a geographical indication has been recognized under the Agro-Fisheries Product Quality Management Act, a registration certificate is issued to the applicant and the date of registration, the name and address of the applicant, the appellation of the product and the regional range of the geographical indication are announced in the official gazette.

The Agro-Fisheries Product Quality Management Act stipulates that those who have attached a false or similar mark of a registered geographical indication on agricultural or fisheries products or their processed products shall be sentenced to imprisonment for not more than three years or a fine not exceeding W 30 million.

No.

Korea is a member state of the Paris Convention for the Protection of Industrial Property. The Convention provides means for preventing false geographical indications.