(1) No goods which infringe on any of the following intellectual property rights may be imported or exported: <Amended on Jun. 1, 2012; Dec. 22, 2020>
1. Trademark rights, the enactment of which is registered under the Trademark Act;
2. Copyrights and neighboring rights pursuant to the Copyright Act (hereafter referred to as "copyright, etc." in this Article);
3. Variety protection rights created and registered pursuant to the Act on the Protection of New Varieties of Plants;
4. Geographical indications rights or geographical indications (hereinafter referred to as "geographical indications right, etc.") registered under the Agricultural Products Quality Control Act or the Quality Control of Fishery Products Act, or designated for the protection under treaties, agreements, etc.;
5. Patent rights, the enactment of which is registered under the Patent Act;
6. Design rights, the enactment of which is registered under the Design Protection Act.
(2) When it is necessary to efficiently regulate goods which infringe on an intellectual property right referred to in each subparagraph of paragraph (1), the Commissioner of the Korea Customs Service may require the person, etc. who has registered the intellectual property right in question or the enactment thereof pursuant to the relevant statutes to file a report on the matters concerning the intellectual property right in question.
(3) When any of the following goods are deemed to have infringed on an intellectual property right reported under paragraph (2), the head of a customs office shall notify the person who has reported the intellectual property right of the fact that the export or import declaration on the relevant goods, the declaration on transshipment, combined transshipment, shipment into a bonded area, bonded transportation, or on temporary unloading thereof pursuant to subparagraph 1 of Article 141 (hereafter referred to as "import or export declaration, etc." in this Article) has been filed or that the relevant goods arrive at a customs clearance post office. In such cases, the person in receipt of a notification may provide security to the head of the customs office and request him or her to withhold a customs clearance for the relevant goods or to keep them in custody: <Amended on Dec. 31, 2022>
1. Goods on which an import or export declaration is filed;
2. Goods on which a transshipment or combined transshipment declaration is filed;
3. Goods on which a shipment declaration into a bonded area is filed;
4. Goods on which a bonded transportation declaration is filed;
5. Goods on which a temporary unloading declaration is filed pursuant to subparagraph 1 of Article 141;
6. Goods arriving at a customs clearance post office(4) A person who intends to keep his or her intellectual property right under each subparagraph of paragraph (1) protected may offer security to the head of a customs office and request him or her to withhold customs clearance for the relevant goods or to keep them in custody.
(5) The head of a customs office in a receipt of a request in accordance with paragraph (3) or (4) shall withhold a customs clearance for the relevant goods or keep them in custody unless there is a special reason not to do so: Provided, That where a person who has filed an export or import declaration, etc. or the owner of the goods falling under paragraph (3) 6 provides security and requests a customs clearance, or release of custody, such customs clearance or custody of the relevant goods may be permitted except for the following goods: <Amended on Jun. 9, 2020; Dec. 31, 2022>
1. Goods which bear a forged or similar trademark, thus infringing on a trademark right referred to in paragraph (1) 1;
2. Illegally reproduced goods that infringe on a copyright, etc.;
3. Goods using the same or similar variety name, thus infringing on a variety protection right referred to in paragraph (1) 3;
4. Goods using a forged or similar geographical indication, thus infringing on a geographical indications right, etc.;
5. Goods using the invention, the establishment of which is patented, thus infringing on a patent right referred to in paragraph (1) 5;
6. Goods using the same or similar design, thus infringing on a design right referred to in paragraph (1) 6.
(6) Necessary matters including but not limited to a report on intellectual property rights, provision of security, and withholding and permission for a customs clearance, custody and release of custody provided for in paragraphs (2) through (5) shall be prescribed by Presidential Decree.
(7) If it is obvious that goods referred to in paragraph (3) has infringed on any intellectual property right provided for in any subparagraph of paragraph (1), the head of a customs office may withhold customs clearance for such goods or keep them in custody ex officio, as prescribed by Presidential Decree. In such cases, the head of the customs office shall promptly notify the person who has filed an import or export declaration, etc. or the owner of the goods falling under paragraph (3) 6 on the goods in question. <Amended on Dec. 31, 2022>[This Article Wholly Amended on Dec. 30, 2010]