Grounds for infringement
Article 66 of the Trademark Act (Act of Infringement): an act of using a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods. Article 2 of the Unfair Competition Prevention Act (Act of Unfair Competition): an act of causing confusion with another person’s commercial facilities or activities by using marks identical or similar to, another person’s name, trade name or trademark, widely recognized in Korea.
Grounds for sanction
Article 65 of the Trademark Act (Right to Seek Injunction against Infringement): A trademark right holder may seek an injunction requesting the destruction of infringing goods, the removal of facilities provided for infringement, or other necessary measures for the prevention of infringement against a person who infringes or is likely to infringe on his/her right. Article 4 of the Unfair Competition Prevention Act (Right to Request Prohibition of Acts of Unfair Competition): A person whose business interest is injured or threatened by an act of unfair competition may file a request, with the court, for prohibition or prevention of an act of unfair competition.
Penal provisions
Article 93 of the Trademark Act (Offense of Infringement): Any person who has infringed on trademark rights shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100million won.