Trademark rights/Design rights
Trademark rights grant protection to the emblem of goods (i.e., trademark), the trademark owner can use the registered trademark exclusively for designated goods or designated service industry. The trademark protected by trademark law represents ‘the emblem that those who produce, process, prove, and sell the product as an occupation use to distinguish their work-related items from others.’ Marks include ‘symbolsㆍlettersㆍshapesㆍthree-dimensional geometryㆍcolorㆍholographicㆍbehavior, combination of them, and any visually recognizable ones.’
Design rights protect the design of the goods, the design owner can use a registered design or a similar design exclusively. The design which is protected by design protecting law represents ‘something which causes the aesthetic with visual shape of goodsㆍshapeㆍcolor or any combination of them.’ The system to protect the design is varied depending on a country, especially in patent protection and copyright protection. In Korea, designs are protected as patent protection.
A plaintiff can claim prohibition and prevention from infringement by on going or potential infringers. If a rapid prohibition of infringement is necessary, the plaintiff can also apply for provisional disposition. In case of damage, the plaintiff can claim compensation for damages with credit repair. If one be charged for infringement on trademark/design, the accused would face up to 7 years imprisonment or be fined not exceeding 100 million won.
Conversely, he who was sued for trademark/design infringement, could argue through nullity trial, declaratory judgment on the scope
-Sending warning letters and reconciliation
A person can take immediately civil and criminal remedies from trademark/design infringement. However, it is advantageous to send a warning letter preferentially to settle the dispute quickly and improve the effectiveness of civil and criminal remedies from trademark/design infringement. It is favorable to make a contract of compromise for the dispute with the expected result of the sentence, litigation costs and litigation period.
-Litigation
Provisional disposition suit of infringe prohibition, infringe prohibition suit, damage suit, restitution suit of unjust enrichment, credit repair suit, revocation litigation of decision on trial, criminal charge, criminal trial defense
-Related work
Trademark/design application and registration business, trademark/design transfer agreements and licensing agreements, advisory, nullity trial, trial on the revocation, declaratory judgment on the scope of right, etc.