How to Write a Kakao Intellectual Property Rights Infringement Statement

Recently, as product sales and content distribution through online platforms have become more active, disputes related to intellectual property infringement have steadily increased. In particular, intellectual property issues arising from various services such as Kakao's Talk Deal and Shopping How can result in account suspension or product deletion if platform policies are not followed, so special caution is needed. Accordingly, "Kakao Intellectual Property Rights Infringement Statement"It is most important to write and submit it accurately and systematically." In this column, I will summarize the key points that Pine IP Firm should pay attention to when preparing the "Kakao Intellectual Property Rights Infringement Statement."

What is Kakao's Intellectual Property Rights Infringement Statement?

Kakao Intellectual Property Rights Infringement StatementThis is a document submitted to prove that the product is not actually infringing rights when claiming intellectual property infringement on the Kakao platform (Talk Deal, Shopping How, other services). Once the document is prepared and submitted, Kakao reviews it to determine whether the infringement report is justified.

Main Components of the Statement of Explanation

Product Information for Explanation Targets

1. Product Number and Product Name
   • Be sure to include the product number assigned by the Kakao platform (e.g., Talk Deal product number, Shopping How product number).
   • Not only the product name for consumers but also details such as model name, version, and color are included to facilitate product identification.
2. Product detail page URL
   • Since it may be difficult to verify information accurately with just a statement, add the URL of the detailed page (or image, video) where the product is registered so Kakao staff can quickly verify the facts.
3. Product List Attached
   • If there are multiple products subject to reporting, instead of listing all products individually in the main statement of the explanation, submit a list as an attached file, and only briefly include the instructions about the attachments in the main text.
   • Example: "Please refer to the attached 'List of Products Subject to Explanation (Attachment 1)'."

Explanation

1. What are the rights being infringed?
   • The core of the dispute varies depending on the type of report (trademark rights, patents/utility model rights, design rights, copyrights, portrait rights, etc.).
   • For example, if you are reporting trademark infringement, you must specifically state whether the trademark actually causes confusion with the trademark of the product being sold, and whether you have a formal license agreement or license.
2. Present grounds for non-infringement
   • They develop a logic that can prove that "the rights of others are not infringed."
   • Example:
     • Trademark: Proof that the applicant has officially registered or obtained a license for the trademark.
     • Patents / Utility Models / Design Rights: Explaining technical differences in product design or technical elements that differ from the declared scope of rights
     • Copyright: Permission from the original copyright holder, or proof that the copyright of the creative work belongs to the author
     • Portrait Rights / Name Rights: Presentation of written consent for the use of the portrait
3. Specific facts and supporting documents
   • For example, "On △△ year △ month △ day, the license agreement was signed with OO Company," accurately state the specific date, contracting parties, contract details, and other facts.
   • Rather than vague or abstract statements, logically relate it to specific supporting documents such as "The design of the product is a unique design registered with the Patent Office (registration number ○○○○)."

What documents should you submit?

Statement of Intellectual Property Rights InfringementThe content alone may not be sufficiently persuasive. You must attach relevant documents so that Kakao representatives can objectively verify the facts.

Examples of representative explanatory documents

1. Intellectual Property Registration Certificate
   • Documents such as trademark registration certificate, patent registration certificate, design registration certificate, copyright registration certificate, etc., showing that rights have been formally acquired from the person or the rights holder
   • Submitting sections specifying the scope of rights (designated goods, scope of protection, etc.) makes it even clearer.
2. License Agreement or License Letter
   • Contracts concluded with rights holders (brand owners, patent holders, copyright holders, etc.)
   • The contract signing date, scope of use (region, period, product category), and royalty payment details must be specified in detail.
3. Files and proof of work for original creations/designs
   • In cases of copyright or design rights disputes, submitting original files, sketches, or work logs that can prove the creative process can be helpful.
   • For example, attach the original AI file of the design or a captured image containing the workflow.
4. Official third-party sales approval documents (parallel import, official partner certification, etc.)
   • For parallel import products, attach a purchase receipt or contract proving you purchased the product from the manufacturer or official distributor
   • If it is an overseas brand product, you can also present tax invoices generated during the domestic import process to prove the authenticity of the product distribution.
5. Confirmation from an accredited institution, administrative appeal or litigation judgments, etc.
   • If there has been an existing dispute and you have received a conclusion in administrative appeals or litigation that it is not infringement, attach the court ruling
   • Arbitration and appraisal results from accredited institutions also serve as valid evidence.

Submission Notes

• Maintaining consistency across documents: Carefully check that the dates on documents, such as registration certificates, contracts, and purchase details, as well as the names and number of the rights holders, match each other.
• Key Points Summary: If there is a lot of supporting documents, highlight or briefly explain important parts of each document (contract signing date, scope of rights, name of rights holder, etc.) so that the person in charge can easily understand.
• Confidential Information Processing: Sensitive parts of the contract such as amounts and non-disclosure clauses can be masked (blinded), but the key information necessary for the explanation must be shown.

Procedures after writing the statement of explanation

1. Submission of Statement of Explanation
   • After preparing all documents without omission, submit them to Kakao.
   • You can upload through the online submission process, or submit via a specific email or customer service inquiry, so check Kakao's instructions.
2. Kakao's Review and Notification of Results
   • Based on the submitted explanation and supporting materials, Kakao will conduct a review.
   • Ultimately, Kakao will notify you of the results such as approval, requests for supplementation, or recognition of rights violations.
3. Rewrite upon request for supplementation
   • Kakao may request additional materials or supplementary information.
   • At this point, it is important to respond quickly and resubmit along with supporting documents.

When a rights infringement report is received, it is common for the intellectual property rights exercised by the other party (the reporter) to have grounds for invalidation. For example, cases where a technology that has already been announced is registered as a patent, or a trademark that does not meet the registration requirements under trademark law is registered. In such a situation, Filing an 'intellectual property invalidation trial' to invalidate the relevant rightsThis can fundamentally resolve disputes.

In Conclusion

“Kakao Intellectual Property Rights Infringement Statement"Accuracy and speed are key to writing. To prevent unnecessary disputes, it is advisable to prepare reliable supporting documents and submit them after review by legal experts. At Pine IP Firm, We offer specialized consultation on response strategies in various intellectual property areas such as trademarks, patents, designs, and copyrights. 

If you receive a rights infringement report on the Kakao platform, it is very important to submit a clear explanation with accurate documentation and logical reasoning rather than rushing to respond. Through this, we hope you minimize disadvantages and maintain your valuable business stably.

Pine IP Firm
Main phone: 1522-5142
(For intellectual property inquiries: info@pinepat.com)

If there is a possibility that the other party's rights may be invalidated during a Kakao intellectual property dispute, please carefully decide whether to file an invalidation review after professional review. Pine IP Firm will work together to devise a response strategy.

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