Geographic Indication System
What is geographic indication?
- When the reputation, quality, or other characteristics of an agricultural product are attributed to the geographic characteristics of a particular region, a geographic indication can be made to indicate that said agricultural product was produced in said region (Subparagraph 8 of Article 2 of the Agricultural and Fishery Products Quality Control Act).
Right of Geographic Indication
- A party who registers a geographic indication (hereinafter referred to as the "holder of the right of geographic indication") holds the right of geographic indication for the registered agricultural product (Paragraph 1 of Article 34 of the Agricultural and Fishery Products Quality Control Act).
Geographic Indication of Agricultural Products
- A holder of the right of geographic indication can make a geographic indication on appropriate products. A geographic indication must be made on the outside of packaging or container, with the following information included (main content of Paragraph 3 of Article 34 of the Agricultural and Fishery Products Quality Control Act and main content of Article 60 and Attached Table 15-3 of the Enforcement Regulations of the Agricultural and Fishery Products Quality Control Act):
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Label
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Displayed information
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Registered name: (registered name in English)
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Name of geographic indication authority, geographic indication registration number
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Producer:
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Address (phone number):
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The geographic indication of this product is protected by the Agricultural and Fishery Products Quality Control Act.
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- If a product is sold without packaging or in single pieces, a sticker can be affixed to the item sold or the geographic indication of the product can be displayed on a sign (start of Article 60 of the Enforcement Regulations of the Agricultural and Fishery Products Quality Control Act).
Protection of Holders of the Right of Geographic Indication
- A holder of the right of geographic indication can request the prohibition or prevention of his or her right of geographic indication from being infringed (Paragraph 1 of Article 36 of the Agricultural and Fishery Products Quality Control Act).
- Any of the following shall constitute an infringement of the right of geographic indication (Paragraph 2 of Article 36 of the Agricultural and Fishery Products Quality Control Act):
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Details
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1
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A party without the right of geographic indication applies an indication that is identical or similar (homonyms intended to make the consumer, who has a clear understanding of a geographic indication as the mark of a product from a particular region, confuse the origin of the product with another region) to a registered geographic indication to the product, packaging, container, advertisement, or a related document of an item identical or similar to the registered item
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2
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Counterfeiting of a registered geographic indication
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3
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Distribution, sale, or possession of a registered geographic indication for the purpose of counterfeiting
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4
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Other activities that involve a direct or indirect application of a registered geographic indication to an item that is identical or similar to the registered item for commercial purposes, and consequently damages the reputation of the registered geographic indication
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- A holder of the right of geographic indication can claim compensation for damages from any party who infringes his or her right of geographic indication intentionally or unintentionally. In such a case, it is assumed that the party infringing the right of geographic indication is aware that the geographic indication is already registered (Paragraph 1 of Article 37 of the Agricultural and Fishery Products Quality Control Act).
Prohibition of False Geographic Indication
- It is strictly prohibited to make a geographic indication or a similar indication on the packaging, container, advertisement, or a related document of an agricultural product that is not an item registered for geographic indication. Violation of this regulation is grounds for imprisonment of up to 3 years or a fine of up to KRW 30 million (Paragraph 1 of Article 38 and Subparagraph 3 of Article 119 of the Agricultural and Fishery Products Quality Control Act).
- It is strictly prohibited to mix an agricultural product registered for geographic indication with other agricultural products or processed agricultural products not registered for geographic indication for sale or in storage or display for sale. Violation of this regulation is grounds for imprisonment of up to 3 years or a fine of up to KRW 30 million (Paragraph 2 of Article 38 and Subparagraph 4 of Article 119 of the Agricultural and Fishery Products Quality Control Act).