The Customs Act has been revised to provide special measures to prohibit the import and export of infringing goods. The owner of a Korean trademark registration may now file a report with the Director of the Customs Office and each Regional Customs Office containing information regarding the scope of the trademark right and the person(s) entitled to exercise such right, as well as other pertinent information concerning the potential infringement. The report of a trademark right to the Customs Office will remain in effect for 3 years or until the trademark right expires, whichever is earlier. If the Customs Office verifies that a reported trademark has been infringed, it may suspend the import or export license relating to the infringing goods.

The revised law does not contain provisions for the filing of a report regarding copyright with the Customs Office.

Copyright holders and owners of trademarks who have not reported their trademark rights to the Customs Office may still apply for suspension of import or export licenses to prevent the import or export of infringing goods. Such applications can be filed by "interested persons" (who are defined as trademark right holders, exclusive licensees of the trademark right and copyright holders) and must be submitted at least 20 days before the expected date of import or export.

These revisions are important as they serve as an effort to increase Korea s protection of intellectual property rights.

June 1994 Index