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Unfair Competition Prevention and Trade Secret Protection Act — Article 3-2 (Prohibition of Use of Geographic Marks Protected under Free Trade Agreements)

부정경쟁방지 및 영업비밀보호에 관한 법률 제3조의2

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2026-05-28) — check the Korean original.

(1) As to a geographic mark protected under a free trade agreement which is concluded bilaterally or multilaterally and takes effect between the Republic of Korea and a foreign country, or foreign countries, (hereafter in this Article referred to as "geographic mark"), in addition to the act of unfair competition under subparagraph 1 (d) and (e) of Article 2, any person who does not have a legitimate title shall not conduct any of the following acts with respect to the goods whose place of origin is not the one indicated in the geographic mark concerned (limited to goods that are identical to or recognized to be identical to the goods with the relevant geographic mark):

1. Using a geographic mark separately, in addition to the authentic place of origin;

2. Using a geographic mark which is translated or transliterated;

3. Using a geographic mark with the expression of "kind", "type", "mode", "counterfeit", or other expressions.

(2) Any person who does not have a legitimate title shall not conduct any of the following acts:

1. An act of transferring or delivering goods with a geographic mark in a manner referred to in any subparagraph of paragraph (1), or an act of exhibiting, importing, or exporting such goods for any aforementioned purpose;

2. An act of delivering goods with a geographic mark in a manner referred to in subparagraph 1 (d) or (e) of Article 2, or an act of exhibiting for any aforementioned purpose.

(3) Notwithstanding paragraph (1), a person who uses a trademark in a manner referred to in any subparagraph of paragraph (1) and has satisfied all the following requirements may continue to use the relevant trademark on the goods that have been used by the person:

1. That the relevant trademark shall be used at home prior to the date when the protection of a geographic mark commences;

2. The outcome of the use of the trademark under subparagraph 1 shall reveal that domestic consumers recognize the relevant trademark as the one indicated on any particular person's goods on the date when the protection of a geographic mark commences.[This Article Newly Inserted on Jun. 30, 2011]

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