In our June 1994 Newsletter (N.S. 183) we reported on the revisions to the Customs Act in Korea which provide special measures to prohibit the import and export of infringing goods. Further revisions have recently taken effect which make it easier for trademark and copyright owners to take advantage of the new procedures.

Under the latest revisions, the term of recordal of a trademark with the Customs Office has been extended from 3 years to 10 years. It is now mandatory for Customs to suspend the clearance of goods shown to infringe a trademark recorded with them, whereas previously they had the discretionary power to suspend such clearance of infringing goods. The owner of an affected intellectual property right need no longer submit a request for suspension of the infringing goods together with a bond to each Customs District Office; a request to one Customs District Office will be effective with respect to all the other District Offices, without the need to post any additional bonds. In order to record a trademark or copyright, it is now no longer necessary for the owner of such right to appear personally before Customs and the appearance of a legal representative or agent is sufficient.

These revisions are important as they further increase the measures available to protect intellectual property rights in Korea.