World Intellectual Property Organization

Republic of Korea

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

Date of entry into force of original text:March 31, 1981
Date of Text (Enacted):December 31, 1980
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, Trade Names, 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: 
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) Monopoly Regulation and Fair Trade Act (Act No. 3320 of December 31, 1980, as amended up to Act No. 5235 of December 30, 1996), Complete document (pdf) [140 KB]

Korean

독점규제 및 공정거래에 관한 법률 (1980년12월31일에 제정된 법률 제3320호는 1996년12월30일의 법률 제5235호 개정에 이르기까지 수차례 개정이 이루어짐) 독점규제 및 공정거래에 관한 법률 (1980년12월31일에 제정된 법률 제3320호는 1996년12월30일의 법률 제5235호 개정에 이르기까지 수차례 개정이 이루어짐), Complete document (pdf) [755 KB]

Related Legislation:
WIPO Lex No.:KR024

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