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Trademark Act (Act No. 71 of November 28, 1949, as amended up to Act No. 12751 of June 11, 2014), Republic of Korea
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Superseded Text
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Year of Version
2014
Dates
Amended up to:
June 11, 2014
Adopted:
November 28, 1949
Type of Text
Main IP Laws
Subject Matter
Trademarks
Subject Matter (secondary)
Enforcement of IP and Related Laws,
IP Regulatory Body,
Competition,
Undisclosed Information (Trade Secrets),
Trade Names,
Geographical Indications
Notes
This consolidated version of the Trademark Act incorporates all the amendments up to Act No. 12751 of June 11, 2014, which came into force on June 11, 2014 (see Addenda for the list of amended provisions and dates of entry into force thereof).
The amendments made by Act No.12751 of June 11, 2014 include the following: (i) lowered standard of proof for the required secondary meaning of unregistered trademarks in use (i.e. applicants shall not show that the trademark is ‘noticeably’ recognized by consumers as a source identifier) (Article 6-2);(ii) restrictions on trademark dilution of well-known marks (Articles 7-1-10) and; (iii) restrictions on the use of trademarks that constitute unfair competition as defined under the Unfair Competition Prevention and Trade Secret Protection Act (Article 53-2).
Available Texts
Main text(s)
Main text(s)
Korean
상표법 (1949년11월28일에 제정된 법률 제71호는 2014년6월11일의 법률 제12751호 개정에 이르기까지 수차례 개정이 이루어짐)
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Legislation
Supersedes (8 text(s))
Supersedes (8 text(s))
Is superseded by (5 text(s))
Is superseded by (5 text(s))
Treaties
WIPO Lex No.
KR229