A Comprehensive Guide to Combating Trademark Infringement in South Korea
Pine IP
October 21, 2025
Greetings from Pine IP Firm.
The importance of the South Korean market in global business is growing daily. However, commensurate with this growth, incidents of trademark infringement, which can severely damage your company's valuable brand equity, are also becoming increasingly frequent.
As an IP manager for a foreign corporation, navigating an unfamiliar legal system to respond swiftly and effectively can be a significant challenge. This article is designed to clearly outline the most effective legal actions and strategic considerations your company can take upon discovering trademark infringement in South Korea.
Step 1: Immediately Secure Evidence
Before discussing legal options, the most critical and urgent step is evidence preservation. Prematurely sending a cease-and-desist letter may, in fact, give the infringer an opportunity to destroy evidence.
Online Infringement:
Secure all relevant URLs (e-commerce sites, open markets, social media platforms) where the infringing products are being sold.
Capture and save the entire sales page (including product images, price, seller information, and detailed descriptions) as clear screenshots or PDF files. (Date and time stamps are highly recommended.)
If possible, have a third party purchase the infringing product to secure a physical sample. (Document the entire purchase process, including payment receipts and shipping details.)
Offline Infringement:
Photograph the location, trade name, and signage of the store selling the infringing products.
Obtain photographs of the infringing products as they are displayed within the store.
Similarly, obtaining a physical sample of the infringing product and the purchase receipt is critical.
[Pine's Insight] The more evidence, the better. Rather than a single photograph, materials that prove the product is actively being 'sold'—such as purchase histories, payment records, and advertising materials—serve as powerful evidence in litigation.
Step 2: Analyzing Legal Options
Legal remedies for trademark infringement in South Korea are broadly categorized into three main pillars: civil, criminal, and administrative. The optimal strategy depends on the severity of the infringement, the scale of the infringer, and your company's primary objective (e.g., immediate cessation, monetary damages, prevention of recurrence).
Option 1: Issuing a Cease & Desist (C&D) Letter
This is often the quickest and most cost-effective initial action.
Contents: Clearly state your trademark rights, the facts of the infringement, a demand to cease all infringing activities, a promise to prevent recurrence, and the possibility of claims for damages.
Pros: Can lead to immediate cessation if the infringer was unaware of your rights (i.e., acting in good faith) or wishes to avoid a dispute.
Cons: Malicious infringers may ignore it, and as mentioned above, it can provide them with an opportunity to destroy evidence.
[Pine's Insight]Pine IP Firm utilizes highly professional C&D letters, often sent as 'certified content mail' (Naeyongjeungmyeong), which strongly implies impending civil and criminal action. This is not a simple notification; it is a legal tactic designed to apply psychological pressure and bring the infringer to the negotiating table.
Option 2: Civil Action (For Rapid Injunction and Damages)
The core objectives of civil action are (1) the immediate cessation of infringement and (2) compensation for damages incurred.
A. Preliminary Injunction (Gacheobun)
A main lawsuit (trial on the merits) can take several months or even years. During this period, continued infringement can cause irreparable harm to your brand.
A 'Preliminary Injunction' (Gacheobun) is a rapid and powerful legal remedy where the court provisionally orders a halt to the infringing activities pending the final judgment. (A decision is typically rendered within 1-3 months.)
Simply obtaining a preliminary injunction order can put immense pressure on the infringer, often leading to an early resolution of the dispute.
B. Main Lawsuit (Action on the Merits)
Claim for Permanent Injunction: Seeks a permanent, court-ordered prohibition of the infringing activities.
Claim for Damages: Seeks monetary compensation for losses incurred due to the infringement. The Korean Trademark Act provides several methods for calculating damages (e.g., infringer's profits, rights holder's actual losses, reasonable royalties), which requires meticulous analysis by a professional patent attorney or lawyer.
Measures to Restore Reputation: You may request measures to restore your brand's reputation (goodwill), such as ordering the infringer to publish a formal apology.
Option 3: Criminal Complaint (A Powerful Pressure Tactic)
In South Korea, trademark infringement is a criminal offense. (Punishable by up to 7 years in prison or a fine of up to 100 million KRW).
Procedure: File a formal complaint with the police or the prosecutor's office, accusing the infringer of violating the Trademark Act.
Pros:
Intense Pressure: The infringer becomes a 'suspect' in a criminal investigation and must cooperate with authorities, which creates immense psychological pressure.
Evidence Collection: Investigative agencies (police) have the authority to conduct searches and seizures, allowing them to secure the infringer's sales ledgers, inventory, and transaction records.
Swift Action: Infringing activities often cease immediately once an investigation begins.
Cons: The final decision to indict and punish rests with the prosecutor and the court; the rights holder does not have 100% control over the outcome.
A. KIPO Trademark Police (Korean Intellectual Property Office)
KIPO maintains a dedicated 'Special Judicial Police' force (Trademark Police) specializing in IP infringement.
You can request an ex officio investigation and crackdown (including seizure and search) against large-scale counterfeit operations or habitual infringers in online marketplaces.
This is highly effective when used in conjunction with a criminal complaint.
B. Korea Customs Service (KCS)
This is essential when infringing goods are being 'imported' into or 'exported' from Korea.
By registering your trademark with the KCS (an 'IPR Registration'), Customs can suspend the clearance of suspected infringing goods at the border and notify you as the rights holder.
[Pine's Insight] Border measures are the single most effective 'preventive' tool against the flow of counterfeits. We highly recommend completing KCS registration immediately upon entering the Korean market.
Step 3: Building an Optimal (Customized) Strategy
There is no one-size-fits-all solution. Pine IP Firm designs the most effective 'hybrid strategy' tailored to your company's specific circumstances.
Case 1: Small-scale online seller (Good faith presumed)
Strategy: [Priority 1] Send C&D Letter (Certified Mail) → [Priority 2] File for Preliminary Injunction if non-compliant.
Case 2: Malicious/Organized Counterfeit Distribution
Case 3: Large-volume infringing goods imported from overseas
Strategy: [Priority 1] KCS IPR Registration (Proactive measure) → [Priority 2] Coordinate with customs suspension + File civil/criminal complaints against the importer.
Case 4: Deliberate imitation by a competitor (Brand Dilution)
Strategy: [Priority 1] File for Preliminary Injunction (for rapid cessation) → [Priority 2] Main Lawsuit (for damages and prevention of recurrence).
Conclusion: Pine IP Firm is Your Optimal Partner
Trademark disputes in South Korea are won not only through complex legal interpretation but also through the 'practical know-how' required to understand the infringer's mindset and effectively persuade investigative agencies and the courts.
Pine IP Firm is a group of experts with a proven track record of successfully representing numerous global corporations in trademark prosecution, registration, trials, and infringement litigation. We go beyond simple legal advice to provide the most practical and robust IP protection strategies that align with your business objectives.
If your valuable brand is being infringed upon in South Korea, consult with the experts at Pine IP Firm today.
We will protect your rights swiftly, accurately, and forcefully.
Thank you.
(Legal Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice for any specific matter. You must consult with a qualified professional for advice on individual legal issues.)
