Someone in Korea Is Copying My Brand — IP Enforcement Options for Foreign Companies

Someone in Korea Is Copying My Brand

Finding a product that copies your packaging, a marketplace listing using your brand name, or a Korean trademark application filed by someone else can raise an urgent question: what can you do to protect your business?
Start with your Korean trademark status and the evidence of the suspected infringement. Depending on the facts, your options may include a warning letter, an injunction, damages, a criminal complaint, a platform report, or customs measures. Each route has its own requirements, so the right response depends on the rights you hold and what the other party is actually doing.
I’m Jaewon Lee, an attorney and patent attorney at Joye Law in Seoul. I advise on intellectual property and corporate matters involving foreign businesses. Here is a practical guide to assessing your options.

Can I take action without a Korean trademark registration?

Korea generally follows a first-to-file system, and Korean trademark rights arise upon registration. Using your brand in another country does not, by itself, create a Korean trademark right. However, filing first does not guarantee that an application will be registered or that the resulting registration will remain valid.
If you hold a Korean trademark registration, check the goods or services it covers, the scope of protection, and the other party’s actual use. A registration can support enforcement, but it does not establish infringement on its own or guarantee that a court or platform will accept your claim.
If you do not have a Korean registration, other forms of protection may still be available. Korea’s Unfair Competition Prevention Act addresses conduct such as causing confusion with a business or product identifier widely known in Korea, copying another party’s product shape, and unfairly using certain business achievements created through substantial investment or effort. Each ground has specific requirements that must be established.
For product-shape imitation, the three-year period runs from the date the product’s shape was completed, including through a prototype, rather than simply from its launch or first sale. Statutory exclusions also apply, including for shapes commonly used for products of the same kind. A resemblance alone does not establish a claim. Source: Unfair Competition Prevention Act
If someone else has applied to register your brand in Korea, the available response depends on the application’s status. Submitting information during examination, opposing a published application, or seeking invalidation of an existing registration may be appropriate. Evidence of your brand’s recognition, the other party’s knowledge, and any previous business relationship may be relevant, but none of these facts automatically decides the outcome. The applicable grounds and procedural deadlines must be checked.
For businesses entering or already selling in Korea, trademark searches and an appropriate filing strategy should form part of that assessment. A pending application does not itself give you an enforceable registered trademark right. Address the current dispute while also planning how to secure protection for future business.

What enforcement options do I actually have?

Think of the main options as five doors. You may need more than one, and the order matters. Preserve evidence first, then decide which procedures fit your rights, the conduct involved, and the urgency of the situation.
1. A warning letter
A warning letter can identify your rights, explain the disputed conduct, and request that the recipient stop or respond. Before sending it, secure relevant listings, seller details, purchase records, and product evidence.
Contacting the other party may lead to changes in listings or stock, so consider what needs to be preserved before you disclose your position. Whether a letter is the appropriate first step depends on the evidence and the risk of delay.
2. An injunction
Article 107 of the Trademark Act allows a trademark owner or exclusive licensee to seek measures to stop or prevent infringement, including the disposal of infringing goods where appropriate. Obtaining that relief requires a legal and factual basis; starting a civil case does not automatically result in a court order. Source: Trademark Act, Article 107
If urgent action is needed before the main case is resolved, a preliminary injunction may be worth considering. You will need to substantiate the right to be protected and the need for interim relief, and the court may require security.
3. Damages
The Trademark Act provides methods for calculating or estimating damages that can assist with proving the amount of a loss.
For qualifying intentional trademark infringement, Article 110(7) permits an award of up to five times the amount recognized as damages. This is a statutory ceiling, not an automatic multiplier. The timing of the infringement, the applicable law, intentional conduct, and the statutory factors all need to be assessed. Source: Trademark Act, Article 110
4. A criminal complaint
Trademark infringement may also give rise to criminal liability. Before filing a complaint, prepare evidence supporting the validity and scope of the right, the alleged sales or use, and the circumstances relevant to intent.
A criminal complaint does not itself guarantee that sales will stop, that the other party will settle, or that proceedings will move quickly. Its suitability should be assessed alongside any civil or platform measures.
5. A platform report
A platform’s intellectual property reporting process may provide a way to challenge particular listings. Prepare the rights documentation, listing URLs, and comparison materials required by that platform.
Whether a listing is removed, and how long the review takes, depends on the platform’s policies and the evidence submitted. A registration certificate does not guarantee the removal of every listing you report.

Where does Korean customs fit in?

If suspected infringing goods are being imported into or exported from Korea, customs measures may also be relevant.
Article 235 of the Customs Act provides a framework for restricting the import or export of certain goods that infringe intellectual property rights, with procedures for recording rights, notifying rights holders, and suspending clearance.
For a trademark owner, recording the relevant rights with the Korea Customs Service can support border enforcement. You should also prepare information that helps customs distinguish suspected infringing goods from genuine products and respond promptly to any notification.
Customs measures may involve security and further supporting submissions. Recording a trademark does not automatically stop every shipment, so the border strategy should be coordinated with the evidence and any related enforcement proceedings.

What should I do in the first two weeks?

Treat the following as an order of preparation, not a reason to wait. If a procedural deadline is approaching or the harm requires urgent action, respond sooner.
**First, preserve the evidence. **Save listing URLs, dated screenshots, seller information, and relevant correspondence. Where appropriate, purchase the suspected infringing product and retain the order records, payment records, packaging, and product itself.
**Second, check the Korean trademark position. **Use KIPRIS to investigate relevant applications and registrations. Confirm who owns the rights, their current status, and the goods or services they cover. Check both your position and the other party’s filings.
Third, identify the basis for action. Compare the protected mark and goods or services with the other party’s actual conduct. If you are relying on unfair competition protection, identify the evidence needed for that particular ground. Also check whether an opposition or another procedural deadline requires immediate attention.
**Fourth, choose and sequence the appropriate measures. **A platform report, warning letter, preliminary injunction, damages claim, criminal complaint, or customs measure may serve different purposes. The appropriate combination depends on whether the immediate priority is preserving evidence, limiting continuing sales, challenging a registration, or seeking compensation.
Many steps can be handled from abroad through Korean counsel with the appropriate authorization. However, document authentication, evidence procedures, and any court or investigative attendance requirements must be checked for the particular case.
If you would like an assessment in English, you can contact me through lawyerseoul.com. To help with an initial review, prepare your Korean trademark application or registration details, links to the suspected infringing products, and any notices or deadlines you have received.
Jaewon Lee
Attorney at Law & Patent Attorney
Joye Law, Seoul

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