Like the ITC in the U.S., the Korea Trade Commission ("KTC") has authority to take border measures against unfair trade. The KTC can stop products infringing IP from being imported and exported. Anyone can request the KTC to survey. And the KTC may investigate on its authority. The KTC can decide to investigate within 30 days of being commissioned. The KTC may stop export and import of infringement products and further destroy the infringing products in the possession of Customs. If an infringer violates the KTC’s decision, the KTC can sanction the infringer by imprison up to 3 years and/or fine. If the losing party wants to appeal against the KTC’s decision, he can bring an action to appeal before to the Seoul Administrative Court or a District Court within 30 days of receiving the KTC decision. The action is an administrative lawsuit and reviewed by a panel of 3 judges.
Showing posts with label border measures. Show all posts
Showing posts with label border measures. Show all posts
The Korea Trade Commission
Like the ITC in the U.S., the Korea Trade Commission ("KTC") has authority to take border measures against unfair trade. The KTC can stop products infringing IP from being imported and exported. Anyone can request the KTC to survey. And the KTC may investigate on its authority. The KTC can decide to investigate within 30 days of being commissioned. The KTC may stop export and import of infringement products and further destroy the infringing products in the possession of Customs. If an infringer violates the KTC’s decision, the KTC can sanction the infringer by imprison up to 3 years and/or fine. If the losing party wants to appeal against the KTC’s decision, he can bring an action to appeal before to the Seoul Administrative Court or a District Court within 30 days of receiving the KTC decision. The action is an administrative lawsuit and reviewed by a panel of 3 judges.
