INFORMATION
          FAQ
          IP PARK NEWS
          IP RIGHTS NEWS
          FREE BOARD
 
 
Subject IPR's Protection in Customs Law(3) - Report of Trademark Rights
No 16 Name IP_Park Date 2003/10/31 16:11:11 Homepage http://www.ippark.com
 
3. Report of Trademark Rights

1) Procedure

A trademark owner or an exclusive licensee who wishes to protect the goods which infringe a trademark right or exclusive license from being imported/exported should submit a notification and a certified copy of the Trademark Register to a customs director. The notification also should include the following:

- the authorized person to enjoy the trademark right;
- the contents and scope of the trademark right/exclusive license;
- importing/exporting person or country who has the potential of infringing the trademark right/exclusive license;
- the current status of the trademark right in foreign countries;
- the relationships between the foreign trademark owner and the local holder or the exclusive licensee;
- the current status of the trademark license in foreign countries;
- description whether or not the exclusive licensee imports or sells the same goods and list of the importing goods;
- list of the foreign or local trademark owner/manufacturers of the licensee including the name, address, products, etc.; and
- other evidence verifying the infringement of the trademark right/exclusive license

Once the report is duly made pursuant to Paragraph 1) above, the customs director will investigate the report and thereafter notify the Commissioner of Customs and the relevant customs directors of the above report. Further, the customs director will notify the reporter of this fact within 4 days from its reporting date.

2) The term of report

The report of a trademark right should have its effect thirty (30) days after the notice date of the customs office. The term of trademark report is ten (10) years. However, if the trademark right expires before the term, then the term is to the expiration date of the trademark right. If the renewal application for the trademark is filed, the trademark registration report is regarded as renewed by submitting the material evidence to prove that.

3) The effect of report

The relevant customs director may notify the reporter of importation/ exportation of the goods involved when the goods declared to the Customs House are deemed to be likely to infringe the reported trademark right and thereafter notify the importer/exporter that he may exercise his right to hold a customs clearance on goods involved upon request from the reporter.

Upon receipt of the notice from the customs director, the reporter may request the customs director of holding customs clearance on goods involved within ten (10) days from the above notice upon furnishing security to the customs director. (For the goods which are easily spoiled within 5 days)

When the request is made by the reporter and the goods involved are deemed to be infringing the reported trademark right, the customs director should hold a customs clearance thereon. However, if it is plain that the counterfeit goods are imported, he may hold a customs clearance without the reporter's request.
 
  ÀÌÀü±Û ´ÙÀ½±Û