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Unfair Competition Prevention and Trade Secret Protection Act — Article 4 (Right to Request Prohibition of Acts of Unfair Competition)

부정경쟁방지 및 영업비밀보호에 관한 법률 제4조

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) A person whose business interest is injured or threatened by an act of unfair competition or a violation of Article 3-2 (1) or (2) may file a request, with the court, for prohibition or prevention against any person who conducts or intends to conduct an act of unfair competition or a violation of Article 3-2 (1) or (2). <Amended on Jun. 30, 2011>

(2) When a person files a request under paragraph (1), he or she may also request the following measures: <Amended on Jun. 30, 2011>

1. Destruction of the goods that promote an act of unfair competition or a violation of Article 3-2 (1) or (2);

2. Removal of the facilities used during an act of unfair competition or a violation of Article 3-2 (1) or (2);

3. Cancellation of registration of the domain name which is the object of an act of unfair competition or a violation of Article 3-2 (1) or (2);

4. Any other measures necessary to prohibit or prevent an act of unfair competition or a violation of Article 3-2 (1) or (2).

(3) The right to file a request for prohibition or prevention of an act of unfair competition under paragraph (1) shall be extinguished by the expiration of prescription, where a person, whose business interest is injured or threated if an act of unfair competition continues, fails to exercise the right to request the prohibition or prevention of an act of unfair competition referred to in subparagraph 1 (j) of Article 2 within three years from the date on which he or she becomes aware of the fact that the act of unfair competition undermines or threatens his or her business interest and the person who commits such act of unfair competition. The same shall also apply when 10 years elapse from the date the act of unfair competition begins. <Newly Inserted on Mar. 28, 2023>[This Article Wholly Amended on Dec. 21, 2007][Title Amended on Jun. 30, 2011]

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