A Guide to Reporting Intellectual Property Rights to the Korea Customs Service
Pine IP
April 20, 2025
As cross-border trade continues to grow, so does the serious problem of counterfeit goods—so-called "fakes"—that infringe on the trademarks, patents, and designs of others. These counterfeit products not only damage a company's brand value and disrupt fair market competition but can also threaten consumer safety by failing to meet required standards.
To effectively block these infringing goods from entering the domestic market, a powerful institutional safeguard is in place: the Customs Intellectual Property Rights (IPR) Reporting System. When an IP rights holder registers their rights with the Korea Customs Service in advance, customs officials who discover suspected infringing goods during the clearance process can notify the rights holder and take measures such as suspending customs clearance.
1. What IP Rights Can Be Reported to Customs?
The types of intellectual property rights that can be reported to and protected by the Korea Customs Service include:
Trademark Rights: Registered words, figures, symbols, etc., that indicate the origin of goods.
Copyright and Neighboring Rights: Rights related to creative works in the literary, artistic, and academic domains.
Patent Rights: Highly advanced and creative technological ideas (inventions).
Design Rights: Rights to the appearance of an article (its shape, pattern, color, etc.).
Plant Variety Protection Rights: A breeder's rights to a new plant variety.
Geographical Indications: The right to display a regional name when a product's specific quality or reputation is essentially attributable to that geographical origin.
2. What is the Procedure for Reporting IP Rights to Customs?
The IPR reporting process is primarily conducted online through the Korea Customs Service's electronic clearance system, 'UNI-PASS.' The procedure is broadly as follows:
Step 1: Application Preparation and Submission
Log in to the UNI-PASS system and fill out the application form via the 'Report of Intellectual Property Rights' menu.
The application must include accurate information about the rights holder, detailed information about the IP right being reported (e.g., registration number, term of protection), details of potentially infringing goods, and information on expected importers/exporters.
Supporting documents, such as a copy of the IPR registration certificate, proof of ownership, and a power of attorney (if proceeding through a representative like a patent law firm), must be submitted with the application.
Step 2: Customs Examination
Customs officials will review the submitted application and documents to verify that all requirements are met, the information is accurate, and the IP right is valid.
Customs may request supplementary documents if necessary.
Step 3: Provision of Security (If Required)
The head of the customs office may require the reporter (the rights holder) to provide security. This is to cover potential damages that an importer might suffer if customs clearance is suspended based on the report, but the goods are later found to be non-infringing.
The security can be provided in the form of cash, a surety bond, etc., in an amount determined by the customs office. This measure is designed to prevent abuse of the system and protect bona fide importers.
Step 4: Acceptance and Registration of the Report
Once the examination is complete and any required security has been provided, Customs will formally accept and register the IPR report.
The reported IP information is then shared within the internal customs system to be utilized during the customs clearance process.
The report is generally valid for 10 years and can be extended by applying for renewal before its expiration (however, the term cannot exceed the duration of the original IP right).
3. What Happens After the Report is Filed?
Notification upon Discovery of Suspected Goods: If a customs official discovers goods suspected of infringing a reported IP right during the clearance process, they will immediately notify the reporter (the rights holder or their legal representative).
Suspension of Clearance and Appraisal: After receiving notification, the rights holder can request a suspension of customs clearance for the goods. Once clearance is suspended, the rights holder can physically inspect the goods or conduct an appraisal to determine whether they are infringing.
Follow-up Actions: If infringement is confirmed, the rights holder can request that Customs seize or destroy the goods, or they can take further legal action, such as filing an infringement lawsuit in court.
4. Why Partner with Pine IP Firm?
Reporting your IP rights to Customs is more than just submitting paperwork. It is a professional process that demands the precise identification of rights, the effective provision of information on high-risk infringements, the handling of security deposit issues, and, most critically, a swift and appropriate legal response when suspected goods are found.
With years of experience and expertise, Pine IP Firm will:
Meticulously analyze your IP portfolio to establish the optimal customs reporting strategy.
Handle the preparation of accurate and complete applications and all necessary supporting documents on your behalf.
Respond quickly and effectively to any requests from Customs during the examination process.
Provide seamless support for any procedures related to the provision of security.
Upon notification of suspected infringing goods, provide expert counsel on infringement determination and execute the best legal response.
Your intellectual property is one of your most critical assets. We encourage you to actively use the Customs IPR Reporting System to protect your valuable rights effectively. Entrust the complex and specialized procedures to us at Pine IP Firm, so you can focus on what you do best—growing your business.
