Items	EUCCK's Proposal	Comment
Criminal deterrence & Sentencing	Apply strict penalties and sentencing against IPR offenders which can create a deterrent impact. Intensify enforcement, especially in notorious counterfeit goods selling markets (i.e. Itaewon, Dongdaemoon) Korea must invest in the investigatory and prosecutorial resources necessary to deal with organized criminal groups, manufacturers and distributors.	Ministry of Culture, Tourism, and Sports and other relevant agencies are conducting joint enforcement in areas, notorious for transaction of pirated materials. Public Prosecutor's Office is strengthening trial maintenance to sentence punishments that correspond to the acts committed, through active sustainment of a public prosecution regarding IPR violators. If the sentence falls short of expectations, such cases are actively appealed on grounds that punishment sentenced are unreasonable..
Trademark issues	Related Government authorities must clampdown on free riders who are abusing well known brands companies' prestige and infringe trademarks to promote their sales.	Article 7(1)(xii) of the Trademark Act was revised in July 2007 to effectively block the registration of infringing trademarks. This provision prohibits the registration of trademarks that are similar or identical to a trademark that consumers recognize as indicating the goods of a particular person. Thus, the concept of a well-known mark has been broadened. In addition, on the basis of current trial cases, we have presented clear criteria for determining unfair gain and unjustifiable purposes. Well-known trademarks are protected by Article 7(1)(vi), (ix), (x) and (xii) of the Trademark Act. There has been no trial cases related to the broader concept of well-known trademarks for any trademarks filed after the revised Trademark Act took effect in July 2007. However, a large number of trademarks filed before July 2007 have been invalidated due to infringement of the provisions on well-known trademarks. We plan to vigorously block the registration of infringing trademarks which are identical or similar to existing well-known marks. All the parties involved in a dispute over an infringement of a well-known trademark will be required to submit various types of evidence during the phases of an examination, trial or lawsuit.
Specialized IPR Force	Establish a separate IP crimes investigation and prosecution unit within enforcement agencies. Expand IPR training programs for enforcement authorities Nurture communication channels between the right-holders and the specialized IPR force Grant enforcement power to authorities of the Industrial Property Protection Division of KIPO.	An investigation office dealing exclusively with IPR cases is less effective considering current manpower structure of the Public Prosecutor´s Office. It is difficult to accept the proposal. The Industrial Property Office is an examination and adjudication agency in charge of licenses, permits, and approvals. It is inappropriate to it to exercise control and enforcement.
Public Awareness	Intensify publicity on the dangers of IPR infringements through multi dimensional channel in a consistent communication way, targeting from children to old generation, fake demand side as well as supply side.	KIPO is in the process of pursuing the authorities to implement special judicial police powers to eradicate counterfeit goods. The capacities local government officials have been strengthened with regard to crackdowns on counterfeit goods. Through joint crackdowns with local governments, the prosecution, and law enforcement agencies, 1,181 infringements cases were found in 2008. The offenders in 1,147 of these cases were given corrective warnings and the offenders in the remaining 34 cases were prosecuted. The number of irregular crackdowns also increased from 12 in 2007 to 20 in 2008. The activities of a “cyber press corps” (which consists of university students who write blogs about online counterfeiting) have been encouraged since October 2008. Campaigns that induce the participation of customers are conducted - the Korean Federation of Housewives Clubs is a case in point. In December 2008, a network was established to support the campaigns of the consumer rights organization, Consumers Korea. In March 2008, an open contest was held for university students to design anti-counterfeiting advertisements. We have also endeavored to raise public awareness of counterfeit goods by putting ads and quiz events on Web sites where infringements frequently occur, such as Naver, Daum, Newsis, and Netmarble. We plan to continue raising public awareness of counterfeit goods by analyzing the effects of subway ads and Internet ads and by selecting a comprehensive and systematic medium for advertizing. In addition, to lay the foundation for protecting domestic IPRs, we will continually enhance cooperation with relevant organizations, such as the Korea Customs Service, the Fair Trade Commission, local governments and foreign embassies.
On-line Enforcement	To settle “Cyber Investigation Force” in SPO The major online sales portals' “Self Filtering” effort is needed through their web content system.	KCS has 3 special teams (with 31 officials) dedicated to cracking down on cyber illegal trade, which detected 129.4 billion won worth of IPR infringing goods traded online in 209 cases in 2008. KCS plans to strengthen full-time monitoring of cyber transactions through 'Cyber Observer Group' composed of netizens and MOUs with open markets and shopping malls. We have established a 24-7 online monitoring system for receiving reports from the public on the sale of counterfeit goods. In December 2008, we endeavored to curb the circulation of counterfeit goods on the Internet by improving the network of organizations in charge of crackdowns. Using information from the Counterfeit Goods Report Center, we have also taken steps to ensure that Web sites that trade in counterfeit goods are shut down. The number of disclosed counterfeit goods rose from 35,366 in 2007 to 97,751 in 2008 (which is an increase of 276%); the number of Web sites that were shut down rose from 48 in 2007 to 123 in 2008 (which is an increase of 256%). The Korea Intellectual Property Protection Association has developed a system for monitoring and curbing the problem of online counterfeit goods. We plan to actively encourage portals to utilize the information derived from that system for their own self-correction of the problem.
Copyright	Copyright Act should be reexamined in light of the growth of internet piracy and impose penalties against copyright offenders that is realistic enough to uphold a deterrent effect Reinforce liabilities of Internet Service Providers against copyright infringement. Intensify protection of DVD copies and game related software in the street.	Relevant agencies such as the Ministry of Culture and Tourism and the Ministry of Justice are strengthening enforcement activities against online and offline IPR infringements.
Data Protection	Data for registration, certification and project bidding should be protected clearly.	An act of leaking another person's trade secret like technical information intentionally shall be punished by “Unfair Competition prevention and Trade Secret Protection Act”.
Border Control	Continuous efforts to address the misuse of import declaration forms by merchants and importers. KCS risk management system should be optimized continuously.	To prevent the misuse of Certificate of import declaration as a certificate of authenticity, we will immediately check authenticity at the request of interested parties and take measures according to the laws, if falsity is found. The Korea Customs Service will to develop and operate Property Information Management System (IPMS), to enhance risk management of IPR infringed items and to raise customs officials' work capacity. We have made effort on preventing the inflow of illegal copies to Korea through rigorous examination in the process of customs clearance and also joint system with related agencies like the Korean Customs Service and Ministry of Justice.
Tourism	Tour guides or agents knowingly aiding the principal offender committing a trademark crime should be punishable as an accessory to the crime.	To prevent misuse of import declaration certificates as authenticity certificates, KCS will promptly confirm authenticity of goods at request, and, if confirmed unauthentic, take proper legal actions. KCS plans to develop and operate the Intellectual Property Information Management System(IPIMS) starting May to upgrade risk management of IPR infringing goods and improve enforcement capability of customs officials. Upon signing the Korea-EU FTA, KCS plans to extend the scope of border control from trademark and copyright to patent, design, etc.