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Legal Intellectual

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Q

Does purchasing a knockoff (counterfeit) through overseas direct purchase also constitute trademark infringement?

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I purchased a counterfeit through overseas direct purchase, and customs contacted me, calling it a counterfeit and asking about the purchase route. I bought it lightly without much thought, so I feel all the more anxious. I did not even receive my item, so I am upset as well. In a case like this, does it constitute trademark infringement, and can I also be subject to criminal punishment?

Trademark infringement

Intellectual property rights

A

Answer to Related Inquiry

Yes, that is correct.

A trademark means a mark used to distinguish one's own goods from those of others, so a legally registered trademark is a type of intellectual property right, and that right is held exclusively.

For this reason, if you infringe that right by using or appropriating a trademark without authorization, you may be subject to civil damages and criminal punishment under a violation of the Trademark Act.

As in your case, a knockoff (counterfeit) is likewise an item that infringes intellectual property rights.

If trademark infringement is recognized, you may be subject to imprisonment for up to 7 years or a fine of up to 100 million won.

In addition to trademark rights (the Trademark Act), neighboring rights (the Copyright Act), plant variety protection rights (the Act on the Protection of New Varieties of Plants), patent rights (the Patent Act), and designs (the Design Protection Act) also fall under intellectual property rights.


Such items are entirely prohibited from being exported or imported regardless of their use or quantity, and when they are confirmed to be counterfeits at the customs clearance stage, they are destroyed.

Moreover, if intentional and repeated importation is suspected, even a person who is not the infringing party that caused the violation of the Trademark Act may be punished under the relevant law.

Therefore, we recommend that you carefully assess whether you have caused trademark infringement, obtain legal consultation to prepare an appropriate response, and respond accordingly.

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