What are the solutions to an unfair contract?

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Our company has been criminally sued for trademark law violation because the name of our newly released product is similar to a competitor's product. We had no such intention and feel really wronged. We spent a long time making and releasing this product, and I'm worried we might not be able to sell it. If trademark law violation is recognized, what criminal liability do we bear?

unfair contract

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作者: 고병준

Hello. I am a Seongnam attorney.

It appears that you currently want to receive contract legal review consultation from an attorney before signing an exclusive contract.

An exclusive contract that may lead to an unfair contract is a contract in which a celebrity exclusively receives management from an agency, while all entertainment activities must be conducted only through the agency.

Therefore, since the contract must include important contents such as scope of activities, profit distribution, contract period, and penalties, in the case of new trainees, there is a high possibility that unfavorable conditions are included.

If you find that it is an unfair contract after debut, legal response is possible by filing a claim for confirmation of non-existence of effect of exclusive contract or an application for provisional disposition of suspension of effect of exclusive contract to dispute the validity of the exclusive contract itself.

For example, if the contract period is excessively long, the penalty is excessively high, or the profit sharing ratio is unreasonable, it can be recognized as an unfair contract.

If you raise questions after the contract has ended, agency's backlash and counterclaims may follow, so it is important to receive contract legal review before debut.

It is safest to consult with a legal expert such as a Seongnam attorney.