Geographical Indications Law in South Korea
Here’s a detailed overview of Geographical Indications (GI) law in South Korea:
🇰🇷 Geographical Indications Law in South Korea
1. Legal Framework
GIs in South Korea are protected under the Geographical Indications of Goods Act (GIGA), enacted in 2001.
Administered by the Korean Intellectual Property Office (KIPO).
South Korea is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which mandates GI protection.
2. Definition of Geographical Indications
A Geographical Indication refers to a sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that origin.
Eligible products include:
Agricultural products
Foodstuffs
Handicrafts
Processed goods linked to a geographic area
3. Types of Protection
South Korea offers protection mainly for Geographical Indications of Goods.
There is a separate registration system specifically for GIs, distinct from trademarks.
4. Registration Process
Application:
Applications are submitted to KIPO.
Must include the name of the GI, the geographical area, product specifications, and evidence linking product quality or reputation to the origin.
Examination:
KIPO reviews the application for compliance and novelty.
Public Notice and Opposition:
Applications are published for public opposition.
Registration:
If no opposition or after resolving objections, the GI is registered.
5. Duration and Renewal
GI protection is granted for an initial period of 10 years.
Protection is renewable indefinitely in 10-year increments.
6. Rights and Enforcement
Only producers within the designated geographical area who meet quality standards can use the GI.
Unauthorized use, false indication, or misuse is prohibited.
Enforcement includes civil actions, administrative measures, and criminal penalties.
Customs authorities may be involved in border enforcement.
7. International Treaties and Relations
South Korea protects foreign GIs under the TRIPS Agreement.
It has bilateral agreements with countries to recognize and enforce GI rights.
South Korea participates in international GI discussions and harmonization efforts.
8. Examples of GIs in South Korea
Jeju Tangerines
Andong Soju (traditional distilled liquor)
Jindo Dog (non-agricultural GI)
Gochujang (fermented chili paste)
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Geographical Indications of Goods Act (2001) |
| Registration Authority | Korean Intellectual Property Office (KIPO) |
| Duration | 10 years, renewable |
| Eligible Products | Agricultural, foodstuffs, handicrafts, processed goods |
| Protection Type | Specific GI registration system |
| Enforcement | Civil, administrative, criminal actions |
| International Compliance | WTO TRIPS Agreement, bilateral agreements |
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