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Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 5235 of December 30, 1996), Republic of Korea

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Superseded Text  Go to latest Version in WIPO Lex
Year of Version 1996 Dates Entry into force: March 31, 1981 Adopted: December 31, 1980 Type of Text IP-related Laws Subject Matter Trade Names, Competition, Undisclosed Information (Trade Secrets) Notes The notification by the Republic of Korea to the WTO under article 63.2 of TRIPS states:
'The subject matter of Article 40 of the TRIPS Agreement can be found in the Monopoly Regulation and Fair Trade Act, in Chapter 8 (Restrictions on the Conclusion of Unreasonable International Contracts), Chapter 9 (Enforcement Agency) and Chapter 12 (Exemptions).'

This Act contains specific provisions on brand names of goods and services [Article 23(1)(6)], and non-disclosure of trade secrets (Articles 43 & 62). In particular, Article 59 states: 'This Act shall not apply to any act which is deemed the justifiable exercise of the right under the Copyright Act, the Patent Act, the Utility Model Act, the Design Protection Act or the Trademark Act.'

Available Texts Main text(s) Main text(s) Korean 독점규제 및 공정거래에 관한 법률 (1980년12월31일에 제정된 법률 제3320호는 1996년12월30일의 법률 제5235호 개정에 이르기까지 수차례 개정이 이루어짐) PDF English Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 5235 of December 30, 1996) PDF HTML
Legislation Is superseded by (2 text(s)) Is superseded by (2 text(s))
Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 11937 of July 16, 2013) (KR146)
Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 10303 of May 17, 2010) (KR120)

WIPO Lex No. KR024