Geographical Indications in Korea

1. Geographical Indications in Korea June 2007 Prof. Nohyoung Park Korea University

2. Protection of GIs, otherwise,in Korea • Unfair Competition Prevention and Trade Secrets Protection Act • To prohibit, as unfair competition, use of marks identical or similar to another person's name, trade name, emblem or any other well known mark, including selling, distributing, importing or exporting goods so marked, that would mislead the public on the place of production • Fair Labelling and Advertising Act • To prevent deceptive labelling and advertising, including any vague or false labelling or advertising that may mislead consumers on the product's origin • Trademark Law • To prevent registration of trademarks consisting of a "conspicuous geographical name" • To prevent registration of any trade mark containing geographical indications for wines or spirits originating in any WTO Member (Art. 7(1)(xiv)) • Foreign Trade Act • To prohibit Imports or exports with false origin indications or infringing GIs 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

3. Introduction of GI systems, as in the TRIPS, in Korea • To actively respond to internationally strengthened protection of GIs • To actively protect excellent local agricultural products abroad as well as domestically • To promote competitiveness of local agricultural products against imported products through differentiation of quality • To cultivate local agricultural products as locally specific industry through quality promotion 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

4. Introduction of GI systems, as in the TRIPS, in Korea • 1999.7: GI, as in the TRIPS, provided in APQC Act • 2000.9: Regulation on GI Registration Committee adopted • 2000.9: Products subject to GI registration announced • 2001.8: GI Registration Committee comprised (10 ex officio, 17 appointed) • 2004.12: Collective Mark for a GI provided in Trademark Act • 2006.11: GI Registration Committee comprised secondly (7 ex officio, 13 appointed) 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

5. Products Legal Basis Administration Agricultural APQC Act – in 1999 Agricultural Ministry (NAPQCS) Fishery Ministry (NFPQCS) FPQC Act – in 1999 Fishery Trademark Act – in 2004 Industry and Energy Ministry (KIPO) All GI Systems in Korea 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

6. Two Major Systems of GI in Korea 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

7. Two Major Systems of GI in Korea 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

8. Two Major Systems of GI in Korea 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

9. GIs Registered in Korea  Agricultural Ministry as of April 2007 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

10. Boseong green tea registered in 2002 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

11. Hadong green tea registered in 2003 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

12. Gochang bokbunja (raspberry liquer) registered in 2004 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

13. Seosan garlic registered in 2005 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

14. Goheung yuja (citron) registered in 2006 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

15. Bonghwa pine mushroom registered in 2007 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

16. GIs Registered in Korea  Fishery Ministry as of April 2007 ▶ Products being geared up 1. Youngduk big crab 2. Inje Yongdaeri yellow cod 3. Boseong Bulgyeo cockle 4. Wando laver, etc. 5. Gijang brown seaweed 6. Jangheung pen shell Youngduk big crab 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

17. Collective Marks for GI in Korea  Korean Intellectual Property Office (KIPO) Four products, also registered under APQC Act, and one new product, given notice of allowance on 14 March 2007. 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

18. Background for two different GI systems in Korea • GIs have been applied and registered by the National Agricultural Product Quality Control Service (APQCS) and its GI Registration Committee under APQC Act since 2001. • The GI system under APQC Act was regarded as ‘quality certification’ esp. by the KIPO. • APQCS has been mainly engaged in quality control of agricultural products. • GI provisions in APQC Act give special emphasis to higher quality of GI registered products. • GI Registration Committee tended to pay attention to products’ superior quality. 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

19. GI and Quality Certification 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

20. Background for two different GI systems in Korea • The KIPO amended the Trademark Act to incorporate GI in the form of a collective mark in Dec. 2004. • Agricultural Ministry’s opposition against the amendment was mediated, with difficulty, by Ministry of Finance and Economy. • GIs may be claimed for double protection for agricultural products under APQC Act and Trademark Act. 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

21. Background for two different GI systems in Korea • Some critics for double protection of GIs • Wasteful use of administration • National APQCS v. KIPO • Wasteful use of money and effort • Two applications for one product • Confusion of consumers • Two protections for the same product • Possible conflicts of rights and jurisdiction • Two separate protection given to different entities in the same region 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

22. Background for two different GI systems in Korea • Where products of an application for a collective mark for a GI are subject to APQC Act, the Commissioner of KIPO should obtain Agricultural Minister’s opinion on whether a GI is available. (“지리적 표시 해당여부에 관하여”Art. 22bis of Trademark Act) • A reasonable separation of regime may be desirable: • GIs for agricultural products and their processed ones under APQC Act • GIs for industrial products and minerals under Trademark Act 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

23. Protection of foreign GIs in Korea • Under APQC Act, • Foreign GIs for agricultural products that go through the same registration procedure and evaluation standards as Korean GIs may also be protected. • If foreigners or Korean citizens want to receive GI protection, they may have to fill out a GI registration form under APQC Act, attach relevant documents, and submit them to National APQCS. 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

24. Protection of foreign GIs in Korea • Under Trademark Act, • Trademarks may not be registered if they consist of GIs or include GIs of the origin of wines or spirits in a WTO member state. • Trademark may not be registered if a mark consists solely of a sign that indicates a conspicuous geographical name or an abbreviation of a conspicuous geographical name. • A GI of third countries may be registered as a collective mark if it meets the required conditions. 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)

25. Thank you. 고려대학교 통상법연구센터 (World Economic Law Research Center at KOREA UNIV.)