What punishment does one receive for committing a violation of the Trademark Act?

Under the Trademark Act, only the trademark holder has the exclusive right to use the registered trademark, so if a person other than the trademark holder registers and sells a similar trademark without legitimate authority, it constitutes trademark infringement.

Of course, if you used a completely identical trademark and exploited it for profit, it clearly constitutes a violation of the Trademark Act, so you may face criminal liability and civil damages.

However, if it is not a completely identical trademark, whether it is unlawful may vary depending on the court's judgment, so it is necessary to prepare carefully and respond to this.

If a violation of the Trademark Act is recognized, under the Trademark Act you are subject to imprisonment with labor for up to 7 years or a fine of up to 100 million won.

In addition, besides the actor who infringed another person's trademark right, a corporation is also subject to a fine of up to 300 million won, and an individual to a fine of up to 100 million won.

However, if the corporation or individual did not neglect considerable care and supervision to prevent the violation, a fine is not imposed.

If you become involved in a violation of the Trademark Act, it is advisable to obtain assistance from an attorney in order to accurately assess and respond to the situation.