Procedures and Required Documentation for Resolving Intellectual Property Infringement Notifications in Customs Clearance Released

The Korea Customs Service (KCS) strictly enforces Intellectual Property (IP) protection for all import and export goods to safeguard domestic industries and consumer rights. If your imported goods have been classified as suspected IP infringement items during the customs inspection process, it means the authorities suspect the goods are 'counterfeits' produced without the authorization of the right holder. In such cases, failure to provide a prompt and accurate explanation may lead to clearance suspension, disposal of goods, and potential legal penalties under relevant laws.

Procedures and Notification for Suspected IP Infringement

When the customs office identifies goods suspected of infringing intellectual property rights, it first initiates the Notification of Import/Export Facts procedure. Customs notifies both the IP right holder and the importer. The right holder must submit an opinion on whether the goods infringe their rights within a specified period, while the importer must prove that the goods are authentic or that they have the legal right to use the IP.

The typical processing flow is as follows:

• IP Confirmation and Notification: Customs identifies suspicious goods and notifies both the right holder and the importer.
• Response and Clarification: The right holder submits an infringement opinion, and the importer provides supporting evidence for authenticity.
• Infringement Determination: Customs or specialized agencies determine whether an infringement has occurred based on the submitted materials.
• Post-Action: If found to be infringing, the goods face clearance suspension, referral for investigation, and final disposal (destruction).

The most critical step in this process is submitting objective evidence that proves the legitimacy of the goods within the deadline set by customs. If the clarification is insufficient or not submitted on time, the goods will be deemed counterfeit based on the right holder's opinion and will be disposed of in their entirety.

Required Documents and Clarification Methods by Importer Type

The nature of the required evidence varies depending on whether you are an enterprise (business) or an individual importer. For businesses, the verification of rights is handled much more strictly as the goods are intended for commercial purposes.

• License Agreement: An official contract with the IP right holder granting usage rights.
• Letter of Authorization: A document proving that the authority to sell and import the goods in the specific region (South Korea) has been delegated by the right holder.
• Supply Chain Evidence: Invoices and logistics flowcharts tracing the path from the manufacturer to the importer.
• Authenticity Markers: Photos and data identifying genuine product features such as holograms, serial numbers, or security tags.

• Proof of Purchase: Credit card approval records or receipts from official websites or reputable platforms.
• Product Page Screenshots: Captures of the website where the item was sold, including the URL and detailed descriptions stating the product is genuine.
• Seller Communication: Emails or messenger logs where the seller confirmed the authenticity of the item.
• Price Justification: Evidence showing that the purchase price was consistent with market value and not suspiciously low.

If the goods are clearly proven to be authentic, clearance approval will be granted. However, if they are finalized as infringing goods, they will be disposed of, and the importer may face investigation for Trademark Act violations if intent is proven. Notably, IP protection has been strengthened recently, meaning even small quantities for personal use are subject to mandatory disposal regardless of intent. We strongly recommend consulting a professional Customs Broker to establish the best clarification strategy for your specific situation.