Law firm YK, led by co-representatives Kang Kyung-hoon and Kim Beom-han, has initiated efforts to secure international rights for national certification trademarks in line with the government's 'K-Brand Certification System.' On October 14, YK announced it will manage applications and registrations for national certification trademarks in 39 countries across Europe, North America, and Latin America.
In September, YK was selected as the executing agency for the 'K-Brand Certification Trademark International Application and Registration Service' commissioned by the Korean Intellectual Property Office. The firm formed a consortium with Seongam Patent Law Firm and E-Bird Patent Law Firm to carry out this project, which is responsible for applications and registrations in the specified regions as part of the K-Brand Certification System's initiative to secure international rights.
The targeted regions include two North American countries (the United States and Canada), seven Latin American countries (Mexico, Panama, Colombia, Brazil, Peru, Chile, and Argentina), and 30 European countries (the United Kingdom, Switzerland, Norway, and 27 EU member states). The project aims to apply for and register approximately 2,400 designated products across 39 categories of goods and services.
The K-Brand Certification System, which began full implementation on October 7, was introduced in response to the limitations of individual companies in addressing the growing issue of counterfeit K-brand products and unauthorized trademark registrations abroad.
According to a report by the OECD (Organization for Economic Cooperation and Development) set to be released in 2024, the global distribution of counterfeit K-brand products is estimated to be around 11 trillion won. The core of the system is to establish a framework where the government directly addresses counterfeit goods as the rights holder of national certification trademarks.
Prior to the system's implementation, the Korean Intellectual Property Office completed domestic applications for national certification trademarks in September and plans to finalize international applications in 73 major export countries by the end of the year. Currently, 31 companies, including Samyang Foods, Amorepacific, and Korea Ginseng Corporation, have applied to participate in the system.
Once rights for national certification trademarks are secured abroad, the government can exercise trademark rights within the scope defined by local laws. This includes utilizing local law enforcement and customs authorities to combat counterfeit goods.
YK has been involved in legal consulting and research since the establishment of the K-Brand Certification System. Earlier this year, in February, the firm provided legal advice to the Korean Intellectual Property Office regarding compliance with international trade norms and operational guidelines for certification trademarks. In March and April, YK conducted research on the 'National Certification Trademark Operational Guidelines' for the Korean Intellectual Property Protection Agency, reviewing issues under international trade law and strategies for international applications and registrations.
Unlike typical trademark applications by private companies, applications for certification trademarks where the state is the applicant require a review of each country's systems and requirements. The criteria for examining the existence of certification trademark systems, applicant qualifications, and operational regulations vary by country, necessitating a tailored approach to rights types and application pathways.
As a result, YK conducted an investigation into the systems and application procedures of 39 countries through local representatives before commencing the project. Based on this research, the firm is developing application strategies and will manage the registration process sequentially.
A representative from YK's Intellectual Property Center stated, "A foundation has been established for the government to jointly address the issue of overseas counterfeit goods, which has previously been the responsibility of individual companies. Based on our experience in related research and legal consulting, we will ensure the smooth acquisition of rights for national certification trademarks in 39 countries and provide substantial support for domestic companies in protecting their brands abroad."
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.