Due to the asymmetry of information and ease of the sale of counterfeit goods both online and offline, counterfeit goods transactions have surged, with the number of counterfeit goods reported to the Korean Intellectual Property Office in the last five years surpassing  26,000 cases. 

In particular, those who provide the venue or information required for product sales continue to intermediate the products of unverified sellers, and trademark owners as well as general consumers continue to sustain damage from the distribution of counterfeit goods, giving rise to the need to clearly define the scope of responsibilities for those who engage in direct sales of goods as well as those who intermediate the sale of goods. 

Therefore, the Amendment aims to impose responsibilities on product sales intermediaries for indirect infringement on trademarks or exclusive licenses so as to formulate effective relief measures for any infringement on a trademark.

Details

A. Newly establish the definition of the product sales intermediary (Article 108-2 (1) newly inserted)

B. Add the act of a product sales intermediary who instigates the infringement on the trademark or exclusive license of another party or willfully aids and abets the infringement thereof by a product seller to the scope of infringement on the trademark or exclusive license, and impose criminal penalties thereon (Article 108-2 (2) and Article 230 (2) newly inserted)

C. Limit liability if the product sales intermediary fulfills his/her duty of care so as to prevent excessive liability from being imposed on the product sales intermediary (Article 108-2 (3) newly inserted)

Article 108-2