Violation of the Trademark Law in Korea
You may be subject to criminal penalties if
you violate the trademark law by violating the trademark law. Of course, there
is a good chance that civil damages will be for granted. Similar to the
trademark law, unfair competition is not the right to registered trademark, but
unfair competition law may apply.
If you violate the Trademark Law or violate
the Unfair Competition Prevention Act, the penalties for criminal penalties
vary from case to case. The most important thing is the victim's degree of
injury, and whether or not the perpetrator has been punished for similar cases
in the past is also an important consideration.
According to the standard table of the
Supreme Court, a violation of the Trademark Act or the Unfair Competition
Prevention Act is punishable by imprisonment for a period of about one year and
six months. Depending on the circumstances, the punishment may be reduced to 10
months or more. Of course, this is not the case for violations of all trademark
laws and unfair competition laws. If you feel that your sins are light, you may
end up with fines or probation.
For example, it is very unlikely that a
company will be able to avoid the impeachment if it is found in China that the
company has imported hundreds of millions of merchandise and is selling it as
an enterprise. On the other hand, you may be fined if you have trouble selling
similar trademark items worth tens of thousands of won without knowing the
existence of registered trademark rights.