World Intellectual Property Organization

Republic of Korea

Fair Labeling and Advertising Act (Act No. 5814 of February 5, 1999, as amended up to Act No. 10167 of March 22, 2010)

Date of entry into force of original text:July 1, 1999
Date of Text (Enacted):February 5, 1999
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, IP Regulatory Body, Other, Trademarks, Undisclosed Information (Trade Secrets)
Notes:
This consolidated version of the Fair Labeling and Advertising Act incorporates all the amendments from 2004 up to 2010 (see Articles 4(2), 4-2, 19, & 20(4) for the latest amendments made by Act No. 10167 of March 22, 2010).

The Fair Labeling and Advertising Act was enacted to reinforce the regulation of undue methods of advertisement.
It covers four types of undue labeling and advertisements that are prohibited: false or exaggerating, deceiving, unlawful comparative, and slanderous labeling and advertisements (see Chapter 2 on prohibition of unfair labeling and advertising).

The Act is administered by the Fair Trade Commission (KFTC), which is a ministerial-level central administrative organization under the authority of the Prime Minister. Article 12 of the Act provides that every employee of the Fair Trade Commission or public official who obtains confidential information from business operators shall not divulge any confidential information of business operators, known to him/her in the course of his/her performance of duties.
Available Texts: 
English

Fair Labeling and Advertising Act (Act No. 5814 of February 5, 1999, as amended up to Act No. 10167 of March 22, 2010) Fair Labeling and Advertising Act (Act No. 5814 of February 5, 1999, as amended up to Act No. 10167 of March 22, 2010), Complete document (pdf) [91 KB]

Related Legislation:
WIPO Lex No.:KR122

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