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Korea (South) - Amendment to Trademark Act

The Korean Trademark Act has been amended, with effect from March 1, 1998, and the main features thereof are set out below.

1) A three-dimensional shape, which is used in relation to goods will be registrable as a trademark, provided it is not indispensable as a function of the goods or their packaging.

2) Provision is made to strengthen protection for well-known trademarks. A trademark that is identical or similar to another's trademark, which is well-known among Korean or foreign consumers and was filed with an unfair purpose, shall be unregistrable, even if the respective goods are dissimilar.

3) The International Classification of Goods and Services will be adopted and a single application may be filed in respect of multiple classes.

4) Under the present Trademark Act, if an owner of a trademark right allows another person to use its trademark for more than six months without recordal of the license, the registration covered by the license may be cancelled. However, under the new Act, this basis for cancellation is removed.

5) The penalties for infringements have been increased.


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© Copyright 1997 Ladas & Parry - Posted 12/22/97
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