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IP Newsletter | Winter 2018/19
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TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION
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Recent Amendments to Korea Customs Service Guidelines for IP Rights Protection
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The amended Korea Customs Guidelines for Import and Export Customs Clearance Procedures for Intellectual Property Rights went into effect on January 21, 2019. Some notable amendments are as follows.
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1. Extension of duration of Customs recordation of IP rights
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The period for which Customs will maintain recordation of an IP right has been extended from 3 years to 10 years. However, the recordation still will expire once the underlying IP right expires.
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2. Simplified process for recording patent and design rights with the KCS
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The Korea Customs Service (KCS) previously required owners of patents or design rights seeking to record their rights with the KCS to submit evidence that one or more importers or exporters may be infringing those rights (e.g., a civil or criminal complaint, a cease-and-desist letter, etc.). However, under the recent amendments, such evidence will no longer be required when recording patent or design rights, which is consistent with the recordation process for trademarks and copyrights, and which removes one potential barrier to recording patent and design rights with Customs.
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3. Reduced bond for challenges by small importers/exporters to suspension of goods
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If goods suspected of infringement are suspended from importation/exportation by Customs, the importer/exporter may challenge the suspension by submitting a petition for release, evidence of non-infringement, and a bond equal to 120% of the taxable value of the shipment. For small or medium size companies, however, a reduced bond equal to 60% of the taxable value of the shipment was required under the previous law. The recent amendments further reduced the required bond for small or medium size companies to only 40% of the taxable value of the shipment.
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4. Expanded period for filing renewal application of Customs recordation
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Under the amended Guidelines, a recordation renewal application may now be filed as early as one year prior to the expiration date of the Customs recordation, whereas previously the renewal application could not be filed more than two months prior to the expiration date. However, there is no change to the end of the renewal period (i.e., 10 days prior to the expiration date).
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If you have any questions regarding this article, please contact:
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For more information, please visit our website: www.ip.kimchang.com
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